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John Banks Limited Terms and Conditions of Sale for Motor Vehicles

Consumer Transactions

If you are purchasing as a consumer, nothing in these terms and conditions will reduce your statutory rights relating to faulty and mis-described goods provided.  If you have any doubts about your statutory rights please contact your local Trading Standards Department or Citizens Advice Bureau

Version : BM.TC.110-01-09

1.        Definitions

1.1 "The Dealer", namely John Banks Limited, the business designed overleaf who is the vendor of the goods to the customer and is registered as a Private Limited Company registered in England under number 01831725.  Our VAT number is GB 740 9181 35 and we are regulated by by the Financial Conduct Authority under reference 308667 as well as the Consumer Credit Register 169742 and are members of the Motor Industry Codes of Practice.
1.2 "The Customer", the person designed overleaf, contracting for goods and services to be supplied by the Dealer.

1.3 "Consumer",  a Customer, being an individual  who, for the purposes of the purchase, is acting wholly or mainly outside of their trade, business, craft or profession
1.3 "Goods" means all vehicles as defined, or other things to be sold by the Dealer to the Customer.
1.4 "Vehicle" includes any car, lorry, van, trailer, caravan, invalid carriage, motorcycle, scooter and generally each and every accessory to and component thereof.

1.5 "price" means the price payable for the goods.

  1. Whole Contract

2.1 These terms shall represent the whole contract between the Dealer and the Customer. They may be varied only by written agreement between the parties.

The vehicle is sold as roadworthy, or subject to any defects notified by us to you and accepted by you at the date of delivery and if any fault occurs you have the right to rely on your statutory rights.  If you have any doubts about your statutory rights under the Consumer Credit Act 2015 or otherwise, please contact your local trading standards or Citizens Advice Bureau.

3.        Pre-Contract Information

3.1 means information about John Banks Ltd, the Goods, pricing, and your legal rights that We are required to provide under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 some of which  will be provided by our Sales people over the telephone or via email, text or visual method via Video links, all of which are made available via print, verbal, visiting, email or web at any of our locations. 

4.         Description and Specification of Goods

4.1           We have made every reasonable effort to ensure that the Goods conform to illustrations, photographs and descriptions provided in Our sales and marketing literature and descriptions provided by Our salespeople.  We cannot, however, guarantee that all descriptions, illustrations and/or photographs will be precisely accurate due to processes within the preparation of the stock vehicle and / or differences in the colour reproduction of electronic displays.  Nothing, however, excludes Our liability for mistakes due to negligence on Our part.

Interpretation
4.1 The singular shall include the plural and the male shall include the female or business entity as may be appropriate.

Enforceability
4.1 In the event of any one or more of these terms and conditions being declared unenforceable, the remaining terms and conditions shall nonetheless remain in full force and effect.

5.         Written Confirmation

5.1 This order and any allowance in respect of a Vehicle offered by the Customer are Subject to acceptance and confirmation in writing by the Dealer.

  1. Delivery/Time Not of the Essence
    6.1 Unless specifically agreed in writing, time for delivery is not essential. Where the date for delivery of the goods is not known at time of sale, any date provided is an estimate only and is dependent on the provision of the Goods to the Dealer by the Supplier/ Manufacturer. The Dealer will use its best endeavours to secure delivery of the Goods by the estimated delivery date (if any) but does not guarantee the time of delivery. The Dealer shall not be obliged to fulfil orders in the sequence in which they are placed. Where delay is caused by circumstances beyond the Dealers control they will not be liable for any damages related to the delay in these circumstances but will contact the customer and agree alternative dates for delivery.

6.2           If the Dealer shall fail to deliver the Goods within 28 days of the estimated date of delivery stated in this contract, the Customer may by notice in writing to the Dealer require delivery of the Goods within 7 days of receipt of such notice. If the Goods shall not be delivered to the Customer within the said 14 days the contract shall be cancelled.

7. New Goods

If the Goods to be supplied by the Dealer are new, the following provisions shall have effect:

7.1 this Agreement and the delivery of the Goods shall be subject to any terms and conditions which the manufacturer or concessionaire may from time to time lawfully attach to the supply of the Goods or the resale of such Goods by the Dealer, and the Dealer shall not be liable for any failure to deliver the Goods occasioned by his inability to obtain them from the manufacturer or concessionaire or by his compliance with such terms and conditions. A copy of the terms and conditions currently so attached by the manufacturer or concessionaire may be inspected at the Dealer’s office by request in writing.

  1. No allowance can be made for any part of the standard equipment supplied with the vehicle which you do not wish to take.

7.2 the Dealer undertakes that they will ensure that the pre-delivery work specified by the manufacturer or concessionaire is performed and that they will use their best endeavours to obtain for the Customer from the manufacturer or concessionaire the benefit of any warranty or guarantee given by them to the Dealer or to the Customer in respect of the Goods and, save where the Customer is acting as a consumer (as defined by Legislation) all statements, conditions or warranties expressed or implied by law or otherwise, are hereby expressly excluded.

7.3 Any figure provided within the contract for Car Tax is provided as guidance only.  Notwithstanding the sum for Car Tax specified in the order, the sum payable by the Customer in respect thereof shall be such sum as the Dealer has legally had to pay or becomes legally bound to pay for Car Tax in respect of the Goods.

7.4 Any figure provided within the contract for Value Added Tax is provided as guidance only. Notwithstanding also the sum for Value Added Tax specified in the order, the sum payable by the Customer in respect thereof shall be the sum for which the Dealer becomes legally liable at the time the taxable supply occurs.

7.4.1 if after the date of this order and before delivery of the Goods to the Customer, the manufacturer’s or concessionaire’s recommended price for any of the Goods, or specification of the same shall be altered, the Dealer shall give notice of any such alteration to the Customer, and

7.4.2 in the event of the manufacturer’s or concessionaire’s recommended price for the Goods being increased, the amount of such increase which the Dealer intends to pass to the Customer shall be notified to the Customer. The Customer shall have the right to cancel the contract within 14 days of the receipt of such notice. If the customer does not give such notice as aforesaid, the increase in the price shall be added to become part of the contract price.

7.4.3 in the event of the recommended price being reduced, the amount of such reduction, if any, which the Dealer intends to allow to the Customer shall be notified to the Customer. If the amount allowed is not the same as the reduction of the recommended price the Customer shall have the right to cancel the contract within 14 days of the receipt of such notice.

7.5 in the event of the manufacturer of the Goods described in the order ceasing to make the Goods of that type, the Dealer may (whether the estimated delivery date has arrived or not) by notice in writing to the Customer, cancel the contract on the grounds of frustration.

7.6 Save in the case of consumer sales (as defined) all statements, conditions or warranties as to the quality of the Goods or their fitness for any purpose whether express or implied by law or otherwise are hereby expressly excluded.

 

8.          Used Goods

8.1 if the goods to be supplied by the Dealer are used, the vehicle is supplied as roadworthy at the date of delivery and, in the case of consumer sales (as defined by the Sale of Goods Legislation):

8.1.1 is sold subject to any conditions or warranties that are implied by the Sale of Goods Legislation or any amending statutes.

8.1.2 Prior to signing this order form, the Customer shall examine the Vehicle and items set out in the Customer’s Certificate of Examination overleaf and the purchaser is reminded that the conditions of satisfactory quality and fitness for purpose implied by the Sale of Goods Legislation do not operate in relation to such defects which the examination ought to reveal. Should the Goods be sold also subject to defects notified by the Seller to the Customer before signing the agreement, the implied conditions of satisfactory quality and fitness for purpose do not operate in relation to those defects

8.2 Save in the case of customer sales (as defined) all statements, conditions, or warranties as to the quality of the Goods or their fitness for any purpose whether express or implied by law or otherwise, are hereby expressly excluded

  1. Variation
    9.1 Any variation agreed between the Dealer and the Customer regarding the Goods to be supplied shall be deemed to be an amendment to this Contract and shall not constitute a new contract.

10         Delivery and Payment
10.1 The Customer shall be liable to pay for the Goods immediately upon notification by the Dealer that they are available for delivery.

10.2  The price of the goods will be that given by our Salespeople and or shown in the quotation or order supplied at the time of reservation.  If an order or reservation is amended it will be as per the latest order notification.

10.3 If We offer a Special Price, the Special Price will be valid for as per the offer deadline or, if the Special Price is part of an advertised special offer, for the period shown in the advertisement.  If the Special Price requires a promotion or voucher code and you are unable to provide a valid promotion or voucher code when making your Order, the Special Price will not be available to you.  Orders placed during the validity period of a Special Price will be accepted at the Special Price even if We do not accept your Order until after the period has expired.

10.4 The Dealer may, in its discretion, demand a reservation or full deposit at the time when the order for Goods is placed by the Customer and shall not be obliged to progress the order or otherwise implement the contract until the deposit is paid in full.

10.5 Our prices do not include the cost of delivery. 

10.6  All payments for goods must be made in advance before we can confirm delivery or dispatch.

10.7 We accept the following methods of payment:

10.7.1        Bank Transfer – See our website for accounts at

https://www.johnbanks.co.uk/sending-us-money.aspx

10.7.2        Credit / Debit Card – Not American Express

  1. Place of Delivery


11.1 Unless otherwise agreed in writing, including email, delivery of the Goods shall take place at the Dealer’s premises.

11.2 Should you require delivery of your vehicle to your home and you are not within 40 miles of the selling dealership you will be charged a mileage fee for delivery that commences at 65p per mile but is subject to change, fuel charges and hourly rates for drivers as well as tolls or overnight stay costs.  We do not deliver outside of England, Wales and Scotland.

11.3 In the event of cancellation, for any reason, the customer agrees to return the Goods to the dealer’s premises at their own cost.

  1. Repudiation by Customer
    12.1 If you do not pay for and take delivery of your vehicle within 14 days of notification that the vehicle is available for delivery, we shall be at liberty to treat the contract as cancelled. If this happens, or if you cancel the contract for any other reason not permitted by this contract, we will sell the vehicle to another person. We will refund your deposit but before we do so, we are entitled to recover from the deposit the additional costs we incur in re selling the vehicle plus any reduction in the sales price achieved. We will keep the deposit whilst we display and advertise the vehicle as being for sale. If it is not sold within a reasonable time we will sell it at auction.

12.2 Once we have sold the vehicle, we will notify you within 7 days as to how much we have lost as a result of having to re sell. If this amount is less than your deposit, then we will refund the balance of your deposit with the notification. If the claimable amount is more than the deposit, then we will include a statement showing how much you owe us to make good our loss. We will provide copies of any receipts if you request them.

12.3 The Dealer reserves the right to make a reasonable daily charge for the storage of the vehicle or vehicles.

  1. Loss or Damage
    13.1 The Dealer shall be responsible for the loss of or damage to any vehicle or its contents only if caused by negligence of the Dealer or its employees.
  2. Return of Deposit
    14.1 If the contract is cancelled under the provisions of clauses 6 or 7 above the deposit shall be returned to the Customer and the Dealer shall be under no further liability.
  3. Retention of Title and Risk
    15.1 Risk of damage to or loss of the Goods are at the risk of the Customer as soon as they are delivered into the physical possession of the Customer or their nominated representative.
    15.2 Goods shall remain the sole and absolute property of the Dealer as legal owner until such time as the Customer shall have paid to the Dealer the full price together with all storage charges and interest that may be due to the Dealer under this contract. Until payment in full as aforesaid has been made the Customer acknowledges that they are in possession of the goods solely as agent of the Dealer.
    15.3 Until the Customer becomes owner of the Goods, they will store them separately from his own goods or those of any other person and in a manner which makes them readily identifiable as the goods of the Dealer.
    15.4 The Customer’s right to possession shall cease if they, not being a company, become bankrupt or if they, being a company, do anything, or fail to do anything which would entitle a Receiver to take possession of any assets or which would entitle any person to present a petition for winding-up.

15.5 Should the Customer’s right of possession cease they will notify the Dealer and immediately make the goods available for collection. The Dealer may, for the purposes of recovery of the Goods, enter upon any premises where they are stored or where they are reasonably thought to be stored and may repossess them.
15.6 The Customer shall be at liberty to agree to sell on the Goods or any product produced from or with the Goods subject to the express condition that such an agreement to sell shall take place as agents (save that the Customer shall not hold himself out as such) for the Dealer, whether the Customer sells on his own account or not and that the entire proceeds thereof are held in trust for the Dealer and are not mingled with other monies or paid into any overdrawn bank account and shall be at all times identifiable as the Dealer’s monies.

  1. Right of Lien
    16.1 The Dealer shall have a general lien on any property of the Customer in its possession for all monies owing to the Dealer by the Customer on any account whatsoever.

17 Part Exchange
17.1 Where the Dealer agrees to allow part of the price of the Goods to be discharged by the customer delivering a used Vehicle in part exchange to the Dealer, in consideration of such allowance, it is hereby agreed that the following further conditions will apply.

17.1.1 that the Dealer accepts the used vehicle in reliance of the warranties granted by the Customer overleaf, including but not limited to the age, mileage and condition of the vehicle.
AND
17.1.2 that such used Vehicle is the absolute property of the Customer and is free from all encumbrances.
OR
17.1.3 that such used vehicle is the subject of a hire purchase or agreement or other encumbrance capable of cash settlement by the Dealer, in which case the allowance shall be reduced by the amount required to be paid by the Dealer in settlement thereof.

Finance checks will be made on all vehicles for outstanding finance encumbrance.

17.2 I If the Dealer has examined the said used vehicle prior to his confirmation and acceptance of this order, the used vehicle shall be delivered to them in the same condition at the date of such examination (fair wear and tear excepted).

17.3 that such used Vehicle shall be delivered to the Dealer on or before delivery of the Goods to be supplied by them hereunder, and the property in the said used Vehicle shall thereupon pass to the Dealer absolutely. The dealer at this stage shall be deemed the absolute owner and shall be able to re-sell the vehicle at any time even if it is prior to the delivery of a new vehicle.
17.4 That without prejudice to 17.3 above, such used vehicle shall be delivered to the Dealer within 14 days of notification to the customer that the Goods to be supplied by the Dealer are available for delivery. The vehicle shall be delivered to the dealer with two sets of keys and full V5 documentation.
17.5 if the goods to be delivered by the Dealer, through no default on the part of the Dealer, shall not be delivered to the Customer within 30 days after the date of this order or the estimated delivery date; where that is later, the allowance on the said used vehicle shall be subject to a reduction ("the Extra depreciation) This will cover additional mileage and valuation loss.  The Extra Depreciation will be by an amount not exceeding 2.5% for each completed period of 30 days from the date of the expiry of the first mentioned 30 days, to the date of delivery to the Customer of the Goods.
17.6 In the event of the non-fulfilment of any of the foregoing conditions, other than 17.5 above, the Dealer shall be discharged from any obligations to accept the said used Vehicle or to make any allowance in respect thereof, and the Customer shall discharge in cash the full price of the Goods to be supplied by the Dealer. You will have the right to cancel the Contract within 7 days of notification.  If you cancel your deposit will be returned in full as long as the vehicle has not been registered or incurred additional costs or additions ordered by yourself on the order form.  If you do not cancel the Contract, the value of your used motor vehicle will be reduced by the amount of the Extra Depreciation and there will be a corresponding increase in the  amount which you will be required to pay, at your option, in cash or through finance (subject to the approval of the finance Company).

If conditions in 17 are not met, we will not accept your used motor vehicle and you will pay the full price of your goods.

  1. Authority to Contract
    18.1 Goods supplied by the order of any person in the Customer’s employment or by any person reasonably believed by the Dealer to be the Customer’s agent or by any person to whom the Dealer is entitled to make delivery of the vehicle shall be paid for by the Customer.
  2. Authority to Uplift
    19.1 Where a person who, so far as the Dealer is aware, has authority to uplift Goods or Vehicles and does so, the Dealer shall have no liability to the Customer for any loss or damage resulting on any grounds whatsoever. It shall not be obligatory upon the Dealer to confirm the authority of any person reasonably believed to be the agent, or to have been at some time, connected with the Customer.
  3. Authority to Drive
    20.1 In connection with the supply of a Vehicle or an inspection or testing or the preparation of any estimate in connection therewith, the Dealer shall be entitled to drive the vehicle on the road or elsewhere as it shall deem necessary. These provisions shall apply also to any Vehicle offered by the Customer in part-exchange in terms of clause 17.
  4. Finance
    21.1 Notwithstanding the provisions of this agreement, the Customer shall be at liberty before the expiry of 7 days after notification to him that the Goods have been completed for delivery to arrange for a finance company to purchase the Goods from the Dealer at the price payable hereunder. Upon the purchase of the Goods by such finance company, the proceeding clauses of this agreement except 7.2 shall cease to have effect but any used Vehicle for which an allowance was there under agreed to be made to the Customer shall be bought by the Dealer at the price equal to such allowance, upon the conditions set forth in clause 17 above (save that in 17.3, 17.4 and 17.5 thereof all reference to ‘delivery’ or ‘delivered’ in relation to the ‘Goods’ shall be construed as meaning delivery or delivered by the Dealer to or to the order of the finance company) and the Dealer shall be accountable to the finance company on behalf of the Customer for the said price and any deposit paid by him under this agreement.

22 Notices
22.1 all written notices given by the Dealer to the Customer shall take effect 24 hours after being despatched by the Dealer in the normal course of post to the Customer’s address shown overleaf.

22.2 Any correspondence to you will be sent - preferably by email (email address to be provided), normal post rather than registered delivery, to the address you have given on the Customer Order form.  Full details inclusive of mobile, home and work numbers if applicable should be offered to the Dealer in order that we can keep you notified at all times about your vehicle and any urgent manufacturer recalls.  Reminders for Servicing are sent by text message, email and by telephone.

 

23 Export Outside EU
23.1 The Dealer reserves the right to cancel this order if it believes that;

23.1.1 The Customer intends to resell the Goods outside the European Union (Contract Territory) for commercial gain within a period of 12 months; or
23.1.2 where the Customer is a corporation its place of business is not within the European Union; or
23.1.3 where the Customer is a finance company and either, the Goods are not being purchased on behalf of an end user or they are and such end user is not resident nor has its place of business within the European Union.

23.2 The Customer shall indemnify the Dealer and keep the Dealer indemnified from all and any liability and direct losses (to include but not limited to any service commission paid to the manufacturer and any debit back of profit margin from the manufacturer), damages, costs or expenses which the Dealer sustains or incurs as a result of the Customer exporting or selling (whether directly or indirectly through any third party) the Goods outside the European Union.

  1. Distance Selling
    24.1 If, and only if, the Customer has acted as a Consumer, where this Agreement has been completed away from our business premises and/or without any face to face contact between us and you; or anyone acting on your or our respective behalf, you may give notice to cancel this Agreement within 14 days without giving any reason.

This cancellation period will expire 14 days after the day on which you, or a third party on your behalf, takes delivery or otherwise acquires physical possession of the Goods.  To exercise this right to cancel, you must inform us of your decision to cancel this Agreement in writing by clear statement (e.g. a letter sent by post, fax or email) to our address as set out overleaf. You may use the attached model cancellation form if you wish.

To meet the cancellation deadline, it is sufficient for you to send your communication confirming your exercise of the right to cancel before the cancellation period has expired. 

24.4 If you cancel this Agreement prior to delivery or registration of the vehicle in your name, we will reimburse to you all payments received from you under this Agreement, without undue delay, and not later than:-

24.4.1      14 days after the day on which we receive the Goods back; or

24.4.2      (if earlier) 14 days after the day you provide evidence that you have returned the Goods; or

24.4.3      If there were no Goods supplied, 14 days after the day on which we are informed about your decision to cancel this Agreement and only if there has been no transfer of ownership.

24.5 We will make the reimbursement using the same means of payment as you have used for the initial transaction, unless you have expressly agreed otherwise, but in any event you will not incur any fees as a result of the reimbursement. 

24.6 We may withhold reimbursement until we have received the Goods back or you have sent evidence of having sent back the Goods to us, whichever is the earliest.  You should send back the Goods or deliver them back to us at the address shown overleaf and to the person you dealt with, without undue delay and in any event not later than 14 days after the day on which you communicate your cancellation of this Agreement to us.

24.7 This deadline is met if you send back the Goods before the period of 14 days has expired.  We will require that you bear the full cost of returning the Goods to us. 

24.8 You must take reasonable care of the Goods whilst they are in your possession. You will be responsible for any loss or damage from when they are delivered to you until when they are returned to us.

24.9 You are liable for any diminished value of the Goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Goods.

24.10 For all orders placed under the Distance Selling Regulations any monies taken over the internet will be subject to a Reservation Deposit only and as such you will have a maximum of 48 hours (this can be extended upon negotiation) in which to confirm your acceptance of the vehicle by visually inspecting it prior to confirmed order and full deposit receipting and order acknowledgement.  Any reservation quotation received under a holding deposit can be cancelled and a full deposit is not taken until the customer is satisfied with the vehicle upon test drive /inspection – at this point the vehicle is no longer sold under Distance Selling regulations.

25. Storage Charges

25.1 The Dealer reserves the right to make a reasonable daily charge for the storage of the customer’s vehicle or vehicles that have not been removed from site following service, repair, cancellation or breakdown.

  1. Events Outside of Our Control (Force Majeure

We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control.  Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.

If any event described under this Clause 26 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:

We will inform you as soon as is reasonably possible;

Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly;

We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;

If the event outside of Our control continues for more than 30 days. We will cancel the Contract and inform you of the cancellation.  Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible;

If an event outside of Our control occurs and you wish to cancel the Contract, you may do so.  Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible.

 

27.  Dispute resolution/ Jurisdiction

27.1 We always welcome feedback for our customers, and, whilst we always use all reasonable endeavours to ensure that your experience as a customer of ours is a positive one, in the event of a complaint or dispute of any kind our complaints handling procedure should be followed which can be found on our website at www.johnbanks.co.uk and is available from us on request.

27.2 Where your complaint cannot be resolved, once you have exhausted our internal process you may refer the dispute to the following ADR processes,

27.2.1 where your complaint does not relate to a financial service, Motor Codes Industry Codes of Practice are the point of contact.

Motor Codes is a CTSI certified ADR provider that can offer this ADR service. Further details can be found at http://adr.motorcodes.co.uk/ or alternatively you may wish to contact their advice line on 0800 692 0825.

27.2.2 Where your complaint relates to Financial services, use  the Financial Ombudsman Service. This service is free to use. Their consumer helpline is available on 0800 023 4 567 or 0300 123 9 123 Lines are open 8.00am to 5.00pm or you can visit their website at www.financial-ombudsman.org.uk, email them at complaint.info@financial-ombudsman.org.uk or write to the Financial Ombudsman Service, Exchange Tower, London E14 9SR.

27.3 Where any dispute cannot be resolved through ADR, this Purchase Order and Contract shall be governed by and construed in accordance with the laws of England and Wales and shall be subject to the exclusive jurisdiction of the English Courts.

 

28.      Model  Cancellation

Notice Example

John Banks Limited, Head Office, Kempson Way, Moreton Hall, Bury St Edmunds, Suffolk, IP32 7AR

Date:

INCLUDING EMAIL/FAX NUMBER

Dear Dealer Principal and Accounts Department

Re:                           [INSERT PRODUCT DESCRIPTION]

Ordered on:               [INSERT DATE HERE]

Received on:              [INSERT DATE HERE]

[I/We]  hereby give notice that [I/We] cancel [my/our] contract of  sale of  the [goods /service] above sold under the Distance Selling Regulations

Name of consumer(s), (your Details)

Address of consumer(s),

Signed

 

Should either you or we not strictly enforce any obligation under this agreement at any time, this will not prevent that obligation being enforceable at a later date.

29.           Trading Names

John Banks Limited also trades as John Banks Honda, John Banks Suzuki, John Banks Cambridge, John Banks Renault, John Banks Dacia, John Banks (Ipswich) Limited, John Banks Automotive, Cars 4 Cambridge, Used Cars Direct, John Banks Group, Infiniti Centre Cambridge.

30.     Acceptance of Terms

These terms are deemed to be accepted in whole on payment of a deposit to John Banks Limited or its subsidiary Companies at point of Order or upon signature of order.

31.      Cancellation Policy Terms

 The Company reserves the right to withhold 10% of any monies or deposit paid for administration costs should any vehicle be placed on special order to the manufacturer.

  1. 32. GDPR - (General Data Protection Regulations)

32.1 All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation ("GDPR") and your rights under the GDPR.

32.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Notice available from www.johnbanks.co.uk/privacy

32.3 You will be requested to opt in to the GDPR regulations upon order of a vehicle and in line with manufacturer warranty information.  This legislation covers your personal data (see our Data protection and privacy policies).  Should you wish to opt out you will NOT receive information from the manufacturer about your vehicle, service and MOT reminders or Warranty coverage but John Banks Group does consider this part of our duty of care under legitimate interest.

 

33 Governing Law and Jurisdiction

33.1 These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales

33.2 As a consumer, you will benefit from any mandatory provisions of the law in your country of residence.  Nothing in Sub-Clause 33.1 above takes away or reduces your rights as a consumer to rely on those provisions.

33.3 Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.