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John Banks Limited Terms and Conditions of Sale for Motor Vehicles

 

John Banks Group Terms and Conditions: 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

  1. Definitions
    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 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.
    2. "The Customer", the person designed overleaf, contracting for goods and services to be supplied by the Dealer.
  • "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. "Goods" means all vehicles as defined, or other things to be sold by the Dealer to the Customer.
  2. "Vehicle" includes any Car/Van or motorcycle , lorry, van, trailer, Car/Van or motorcycle, van, invalid Carriage, motorcycle, scooter and generally each and every accessory to and component thereof.
  3. "price" means the price payable for the goods.
  • “Order” means your order for the Goods, made via telephone, email, document transfer, website order or facsimile transaction confirmation;
  1. Whole Contract
    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.
    2. These Terms and Conditions govern the sale of goods by Us, via online, click and collect terminology, website transactions and verbal non face to face transactions and will form the basis of the Contract between Us and you. Before submitting your Order, you will have key terms and conditions and information read and explained to you over the telephone or sent by secure transfer namely our Information Disclosure Documentation and you should ensure that you have read these Terms and Conditions and the Pre-Contract Information Carefully.
  • 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.
  1. Pre-Contract Information
    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.
    2. You will also be sent additional pre-contract information from the finance Company that we introduce you to. This forms part of your Contract
  • A legally binding contract between Us and you will be created upon Our acceptance of your Order, indicated by Our Order Confirmation. Order Confirmations will be provided in writing by email and via our I-share secure Document storage and upload system
  1. Description and Specification of Goods
    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.
    2. We are required by law to supply Goods that conform to the Contract. If you receive any Goods that do not conform to the Contract
  • If We find, or are made aware of, any typographical, clerical or other accidental errors or omissions in any verbal descriptions, sales and marketing literature, price lists or any other information We will make every reasonable effort to correct such errors or omissions as soon as is reasonably possible. If, as a result of any such error or omission, you have received the wrong Goods, you may return the Goods to Us as provided in Clause 8.  If as a result of any such error or omission, you have paid too much, we will refund the excess paid for the Goods.
  1. We reserve the right to make any changes in the specification of the Goods that may be required to conform to any applicable safety or other legal or regulatory requirements without notice
  2. Interpretation - The singular shall include the plural and the male shall include the female or business entity as may be appropriate.
  3. Enforceability
    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.
  • If We find, or are made aware of, any typographical, clerical or other accidental errors or omissions in any verbal descriptions, sales and marketing literature, price lists or any other information We will make every reasonable effort to correct such errors or omissions as soon as is reasonably possible. If, as a result of any such error or omission, you have received the wrong Goods, you may return the Goods to Us as provided in Clause 8.  If as a result of any such error or omission, you have paid too much, we will refund the excess paid for the Goods.
  1. Written Confirmation
    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.
    2. All Orders for Goods made by you via online and web transactions or via our Click and Collect service will be subject to these Terms and Conditions.
  • You may change your Order at any time before We prepare to deliver the Goods by contacting Us. Requests to change Orders do not need to be made in writing.
  1. If your Order is changed we will inform you of any change to the Price when you contact Us, and will confirm the change in writing by requesting an additional new order is signed remotely via previous methods of communication.
  2. If you change your mind, you may cancel your Order at any time before payment of the Goods by contacting Us. Please refer to Clause 9 for details of your cancellation rights.
  3. We may cancel your Order at any time before We dispatch the Goods in the following circumstances:
    1. The vehicle is no longer available for sale and We are unable to re-stock if, for example, the product is discontinued); or
    2. An event outside of Our control continues for more than 12 weeks (please see Clause 11 for events outside of Our control).
  4. Delivery/Time Not of the Essence
    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.
    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 unless this is due to manufacturer supply.
  5. New Goods
    1. If the Goods to be supplied by the Dealer are new, the following provisions shall have effect:
      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.
      2. No allowance can be made for any part of the standard equipment supplied with the vehicle which you do not wish to take.
  • 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.
  1. Any figure provided within the contract for Car/Van or motorcycle Tax is provided as guidance only.  Notwithstanding the sum for Car/Van or motorcycle 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/Van or motorcycle Tax in respect of the Goods.
  2. 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.
  3. 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
  • 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.
  • 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.
  1. 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.
  2. 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.
  1. Used Goods
    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):
    2. is sold subject to any conditions or warranties that are implied by the Sale of Goods Legislation or any amending statutes.
  • 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
  1. 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
    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.
  2. Finance
    1. We are a credit broker and not a lender. Details of our FCA status status are set out at https://www.johnbanks.co.uk/.
    2. You may apply for finance from one of our third-party finance providers (Lender) to finance the purchase of the Car/Van or motorcycle by choosing the finance options online or in-house and we will meet the terms of our FCA agreement by offering you the most suitable option available at the time of sale to suit your needs and requirements. We will introduce you to the Lender. Your application for finance is subject to status and approval by the Lender. To obtain finance you must sign a hire purchase agreement or a personal contract purchase agreement (Finance Agreement) with the Lender prior to Delivery. Any delay in signing the Finance Agreement may delay Delivery. If you apply for finance and are declined by the Lender, then you must pay for the Car/Van or motorcycle by an alternative method. If you are unable to do so then we will withdraw our acceptance of your Order.
  • You may not apply for finance from a Lender if it is intended that the Car/Van or motorcycle will mainly be used by someone other than you.
  1. If you enter into a Finance Agreement to finance the purchase of the Car/Van or motorcycle:
    1. we will sell the Car/Van or motorcycle to the Lender who will let you use the Car/Van or motorcycl in accordance with the terms of the Finance Agreement;
    2. the Lender will own the Car/Van or motorcycle until it transfers ownership to you in accordance with the Finance Agreement;
    3. you will have a right to cancel under section 25 of these Terms provided that the Car/Van or motorcycle meets the Return Conditions set out and
    4. you may have a right of withdrawal under your Finance Agreement which is described in section 13.25 onwards
    5. Finance rates or terms published are provided by Lenders. We are not responsible for any changes to these rates or terms. APRs stated are representative APRs and the actual APR offered to you may differ.
  2. Delivery and Payment
    1. The Customer shall be liable to pay for the Goods immediately upon notification by the Dealer that they are available for delivery.
    2. The Price of the Goods will be that given by Our salespeople AND/OR shown on our website at the time of your Order or in new product brochures supplied by the manufacturer but the latest updates will be utilised at final order date if the order is a forward order. Used vehicles will be as per the displayed price but excluding additional value-added products that could be added to the order.
  • 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.
  1. 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.
  2. Our prices do not include the cost of delivery. 
  3. All payments for goods must be made in advance before we can confirm delivery or dispatch.
  1. Place of Delivery
    1. Unless otherwise agreed in writing, including email, delivery of the Goods shall take place at the Dealer’s premises.
    2. Please note that delivery is only possible within the United Kingdom. We do not deliver outside of England, Wales and Scotland.
  • Should you require delivery of your vehicle to your home and you are not within 25 miles of the selling dealership you will be charged a mileage fee for delivery that commences at £1.00 per mile but is subject to change, fuel charges and hourly rates for drivers as well as tolls or overnight stay costs. 
  1. In the event of cancellation, for any reason, the customer agrees to return the Goods to the dealer’s premises at their own cost.
  2. If you indicate when placing your Order that you wish to collect the Goods from Us yourself you may do so after receiving Our Order Confirmation, during Our business hours of 9am to 6pm when able to do so and not during any restrictions that may apply from Government guidance.
  3. Delivery will be deemed to have taken place when the Goods have been received by you (or another person identified by you) at your chosen delivery address or, if you are collecting the Goods from Us yourself, when you have collected the Goods whether these be at an off-site mutually convenient location or on-site when no restrictions for trading apply.
  • If for any reason Our Chosen Car/Van or motorcycle rier / delivery driver is unable to deliver the Goods at your chosen delivery address, the Chosen Car/Van or motorcycle rier will return to the dealership location and a full charge will be raised for the time and the cost of delivery.
  1. Our 14-day money back guarantee
    1. You may return the Car/Van or motorcycle to us within 14 days from the day after the date of Delivery without giving us any reason using our 14-day money back guarantee (the Guarantee). If you paid for the Car/Van or motorcycle using a Finance Agreement, you may use the Guarantee provided that the Car/Van or motorcycle meets the Return Conditions set out in section 13 below.
    2. If you wish to return the Car/Van or motorcycle in accordance with the Guarantee, you may notify us by calling the dealership directly and speaking initially with the Administration Team whose number can be found here.  The Director/ General Manager managing the Division will arrange a date on which you can return the vehicle.
  • You may also use the cancellation form set out below to return the Car/Van or motorcycle. If you use the cancellation form we will acknowledge receipt of your form by email without delay and we will call you within 3 days to arrange return of the Car/Van or motorcycle. To meet the Guarantee deadline you should notify us that you are exercising the right to cancel by 8pm on the day the Guarantee period expires (or if this day is a bank holiday, New Year’s Day, Easter Sunday, Christmas Day or Boxing Day, 8pm on the next day that is not included on this list).
  1. If you choose to return the Car/Van or motorcycle under the Guarantee:
    1. if you paid for the Car/Van or motorcycle in full by a Visa or Mastercard debit or credit Card, we will repay to you the Purchase Price of the Car/Van or motorcycle; or
    2. if you paid for the Car/Van or motorcycle using a Finance Agreement,
    3. we will repay to you the deposit which you paid to us; and

d.we will repay the remainder of the Purchase Price to the finance provider with whom you entered into a Finance Agreement; and/or

  1. if you have sold (part exchanged) a Part Exchange Car/Van or motorcycle to us in part payment of the Car/Van or motorcycle, we will not be able to return the Part Exchange Car/Van or motorcycle to you unless the vehicle has not been prepared or gone to auction. If the vehicle has been prepared in our workshops we will deduct the cost of the amount for preparation.
  2. If we are not returning the part exchange we will include an amount equal to the valuation of the Part Exchange Car/Van or motorcycle in the amount to be repaid to you (subject to the Part Exchange Car/Van or motorcycle meeting the requirements set out in section Damage Payment);
  • we will deduct from the money paid to you:
    1. any amounts which we are permitted to charge you under section 13 xviii. because of the condition in which you returned the Car/Van or motorcycle to us; and
    2. £500, which we will hold pending you returning the most recent V5C registration document to us in accordance with section 13.x. We need the V5C to be returned because the value of the Car/Van or motorcycle will reduce without it; and
    3. we will repay any money owed to you under this section 13 within 14 days of you informing us that you wish to return the vehicle. We will repay you using the same means of payment as you used to pay us and we will not charge you any fees in relation to the repayment.
  • You are entitled to use the vehicle to determine the nature, characteristics and functioning of the vehicle. We consider this use to be similar to a couple of test drives which you would receive if you were buying a Car/Van or motorcycle /van or motorcycle from a dealer face to face. You must not use the Car/Van or motorcycle /van or motorcycle after notifying us that you are cancelling the Agreement and you must keep the said vehicle in good condition from the date of Delivery. We are entitled to charge you if the value of the vehicle has reduced as a result of excessive use by you or any damage you caused to the Car/Van or motorcycle . We will charge you:
  1. if the Car/Van or motorcycle has been driven for more than 50 miles since Delivery and a fee equal to £1.00 for each mile driven in excess of 50 miles (Excess Mileage Payment); and/or
  2. if the value of the Car/Van or motorcycle has been reduced because it is not in the condition it was in at Delivery, our reasonable costs to repair the vehicle so that it is in the condition it was in at Delivery (Damage Payment).
  3. For the purposes of this section 12.6, we will record the mileage on the vehicle at Delivery and this mileage will be conclusive in determining whether you have driven the Car/Van or motorcycle  more than 50 miles since Delivery.
  • You must send the most recent V5C registration document showing you as the registered keeper to John Banks Limited, Head office, Kempson Way, Moreton Hall, Bury St Edmunds, Suffolk, IP32 7AR by recorded delivery within 14 days of you informing us that you wish to return the Car/Van or motorcycle . You will bear the cost of the recorded delivery.
  • Please see our “14-day money back guarantee“ page  for more information. The V5C registration document (which includes your name and address and is an official DVLA document) will remain linked with the Car/Van or motorcycle until it is sold and re-registered by a new registered keeper or scrapped. Please note that before being re-registered by a new keeper, the Car/Van or motorcycle may be sold to one or more motor traders who will not be obliged to register as the new keeper of the Car/Van or motorcycle and remove your name and address from the V5C registration document. We do not accept any liability in respect of your personal information contained on the V5C registration document.
  • Subject to the V5C being received within 14 days of you informing us that you wish to return the Car/Van or motorcycle, we will repay you the £500 we retained as described in section 14.3.b within 14 days of us receiving the V5C. If you fail to return the V5C registration document, we may charge you a fee of £500 as the value of the Car/Van or motorcycle will reduce without the V5C registration document (V5C Fee) and we will retain the £500 referred to in section 12.6.2. as payment by you to us for the V5C Fee.
  1. If the total of the Excess Mileage Payment, the Damage Payment and/or the V5C Fee is more than the amount payable to you in sections above then we will tell you how much you owe us (Outstanding Amount) and you must pay the Outstanding Amount to us within 30 days of us notifying you of the Outstanding Amount.
  • If you paid for the Car/Van or motorcycle in full by a Visa or mastsercard debit or credit Card, you confirm to us that, on collection/return, the Car/Van or motorcycle :
  • is free from all charges or claims from any third party including a finance provider;
  • is owned by you;
  • is in the same condition as on Delivery except for any reasonable wear and tear; and
  1. has not been involved in an accident since Delivery.
  • If you use the Guarantee we will collect at a charge of £1 per mile or you are able to deliver the Car/Van or motorcycle back to the supplying dealer on the date agreed with you.
  • You must also give to us:
    1. all Car/Van or motorcycle keys or copies of the Car/Van or motorcycle 's keys;
    2. the Car/Van or motorcycle 's service history (if any);
    3. the Car/Van or motorcycle 's MOT certificate (if any);
    4. the Car/Van or motorcycle 's user manuals (if any);
    5. the Car/Van or motorcycle ’s spare wheel and emergency puncture kit (if any)
    6. the Car/Van or motorcycle ’s parcel shelf (if any)
    7. the Car/Van or motorcycle ’s Car/Van or motorcycle pet mats (if any)
    8. any accessories there may be such as a locking wheel nut, radio fascia, remote controls, SD Car/Van or motorcycle d and/or charging cables (if you have a plug-in Car/Van or motorcycle).
    9. and any other documents or items which we gave to you at Delivery in relation to the Car/Van or motorcycle.

 

  • You are responsible for the removal of your personal belongings or the deletion of personal data from the Car/Van or motorcycle prior to collection in the same manner as for a Part Exchange Car/Van or motorcycle (see section 13.6 and section 13.7).
  • If you need to rearrange the date and time of collection, you must contact the the Director managing the Division before 12pm on the day before your agreed collection day. If you rearrange your collection day more than once or you ask to change the date and time of your collection after 12pm on the day before your agreed delivery date, we may charge you a fee of £150. You must allow us to collect the Car/Van or motorcycle as soon as possible and at the latest within 14 days of you giving notice to cancel.

 

  • You remain responsible for the Car/Van or motorcycle until we have collected it from you or you have returned it to the dealership during opening hours. You must ensure that the Car/Van or motorcycle is insured with a fully comprehensive insurance policy until collection. If you have arranged temporary insurance cover in accordance with section 9 and we do not collect the Car/Van or motorcycle within the temporary insurance period you must arrange alternative insurance cover until we collect the Car/Van or motorcycle from you. If we fail to collect the Car/Van or motorcycle on the agreed date, then we will reimburse you for the additional days’ insurance costs you have had to incur until we collect the Car/Van or motorcycle. We will require proof of the additional insurance costs before we can reimburse you.

 

  • If you have paid for the Car/Van or motorcycle using a Finance Agreement, you may return the Car/Van or motorcycle  to us using the Guarantee provided that the Car/Van or motorcycle  meets the following conditions:
  • the Car/Van or motorcycle is not driven for more than 50 miles since Delivery;
  • no alterations or modifications whatsoever have been made to the Car/Van or motorcycle;
  • the Car/Van or motorcycle is in the same condition as it was at Delivery (except fair wear and tear); and
  • the Car/Van or motorcycle is free from all charges or claims from any third party including a finance provider (except any finance arranged with a Lender under section 11).
  • We refer to these conditions as the Return Conditions.
  • If you have paid for the Car/Van or motorcycle using a Finance Agreementand the Car/Van or motorcycle does not meet the Return Conditions then we may, in our absolute discretion, allow you to use the Guarantee. If you meet the Return Conditions or we allow you to use the Guarantee, then this Section 12 will apply. You must also tell the finance provider that you wish to withdraw from your Finance Agreement. We will not notify the finance provider for you.
  • If you return the Car/Van or motorcycle using the Guarantee:
  • we will notify the Warranty Provider and any 30 - 90 day warranty or any other service contract arranged through John Banks Group will be automatically terminated; and
  • if applicable, you will need to cancel your 3-day insurance cover with whoever you have taken it out with.
  1. Part exchange
    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.
    2. Where you choose to use a Part Exchange vehicle in partial payment of the Purchase Price, you must provide details of the Part Exchange vehicle when initially discussing your options with John Banks Group and its representatives as part of your Order. We may ask you for additional information about the Part Exchange vehicle at any time prior to Delivery.
  • We will give you a valuation for the Part Exchange vehicle when you place your Order. You must provide true, accurate and up-to-date information to us about the Part Exchange Car, van or motorcycle. The Part Exchange vehicle will be inspected on Delivery to ensure the information provided when you placed your Order was true and accurate. We will also need to ensure that the Part Exchange is roadworthy and has not sustained any damage you have not disclosed to us.
  1. Where the Part Exchange vehicle is subject to a finance agreement, you must ensure that either we have a settlement figure and John Banks Group will settle the finance on your behalf or you have settled any outstanding finance on the Part Exchange vehicle and the finance company’s interest in the Part Exchange vehicle is removed.
  2. 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.
  3. In the event of the non-fulfilment of any of the foregoing conditions, other than 13.5 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 13 are not met, we will not accept your used motor vehicle and you will pay the full price of your goods.
  • We may reject a Part Exchange Car/Van or motorcycle at any time, either before or at Delivery, if:
    1. you are not legally capable of entering into a binding contract to sell the Part Exchange Car/Van or motorcycle;
    2. you are not the sole owner of the Part Exchange Car/Van or motorcycle (including, if relevant, the electric Car/Van or motorcycle battery);
    3. another person has any claim to the Part Exchange Car/Van or motorcycle or there is outstanding finance on the Part Exchange Car/Van or motorcycle;
    4. any information given to us about the Part Exchange Car/Van or motorcycle is not true and accurate;
    5. the Part Exchange Car/Van or motorcycle has sustained damage that is not disclosed to us when you placed the Order;
    6. there is a material discrepancy in the information and documents supplied by you in respect of the Part Exchange Car/Van or motorcycle or a material document is missing, inaccurate or incomplete (for example, the V5C registration document is missing or incomplete);
    7. the Part Exchange Car/Van or motorcycle has any fault which may affect the value of the Part Exchange Car/Van or motorcycle or is not roadworthy;
    8. the Part Exchange Car/Van or motorcycle is not registered in the UK or was not first registered in the UK;
    9. there is a finance marker on the Part Exchange Car/Van or motorcycle or any other issue is identified by our HPI check;
  1. the Part Exchange Car/Van or motorcycle does not have a valid MOT;
  2. the Part Exchange Car/Van or motorcycle has been in a major accident or has been subject to a total loss claim;
  3. the Part Exchange Car/Van or motorcycle does not bear its legal registration and chassis number;
  • the Part Exchange Car/Van or motorcycle is an import (that is, it is not a right-hand drive Car/Van or motorcycle with UK registration plates or was not first registered in the UK);
  • the Part Exchange Car/Van or motorcycle has been modified for appearance or performance purposes;
  • the mileage of the Part Exchange Car/Van or motorcycle is not more than 1,000 miles above the mileage stated in the Order; or
  1. the Part Exchange Car/Van or motorcycle has been used for commercial purposes, private hire, rental, driving tuition, as an emergency services vehicle or by a local authority.
  • If we accept and collect the Part Exchange Car/Van or motorcycle at Delivery, you must give us:
  • all copies of the Part Exchange Car/Van or motorcycle 's keys;
  • the Part Exchange Car/Van or motorcycle 's most recent V5C registration document (together with appropriate proof of purchase if requested by us);
  • the Part Exchange Car/Van or motorcycle 's service history (if any);
  1. the Part Exchange Car/Van or motorcycle 's MOT certificate (if any);
  • the Part Exchange Car/Van or motorcycle 's user manuals (if any); and
  • any accessories there may be such as a locking wheel nut, radio fascia, remote controls, SD Car/Van or motorcycle d and/or charging cables (if you have a plug-in Car/Van or motorcycle).
  • You must remove any personal possessions from the Part Exchange Car/Van or motorcycle before we collect it. We will not be responsible for any personal items lost once the Part Exchange Car/Van or motorcycle is in our possession.
  • You are responsible for removal, deletion or redaction of your personal information contained in the Part Exchange Car/Van or motorcycle prior to handover of the Part Exchange Car/Van or motorcycle, including as follows:
  • if the Part Exchange Car/Van or motorcycle has a satnav, phone interface or any other device capable of storing data, you will ensure that you have removed all personal data from these devices prior to handing the Part Exchange Car/Van or motorcycle over to us. This includes contacts (names and numbers), previous or favourite destinations in your trip history and default “home” address; and
  • you will ensure that your name and address are removed or redacted from any service or maintenance records that you hand over with the Part Exchange Car/Van or motorcycle .
  • The V5C registration document (which includes your name and address and is an official DVLA document) will remain with the Part Exchange Car/Van or motorcycle until it is sold and re-registered by a new registered keeper or scrapped. Please note that before being re-registered by a new keeper, the Part Exchange Car/Van or motorcycle  may be sold to one or more motor traders who will not be obliged to register as the new keeper of the Part Exchange Car/Van or motorcycle  and remove your name and address from the V5C registration document. We do not accept any liability in respect of your personal information contained on the V5C registration document.
  • In the event that you fail to comply with these hand-over requirements, you agree that we have the right to withdraw any offer to buy the Part Exchange Car/Van or motorcycle with immediate effect and/or to indicate a revised valuation at which we will be prepared to purchase the Part Exchange Car/Van or motorcycle  and/or cancel the Order in accordance with section 5.5 of these Terms. If we take the Part Exchange Car/Van or motorcycle  at Delivery and discover later that the Part Exchange Car/Van or motorcycle  did not meet the requirements set out in this section 10 then we may take action against you to recover the reduction in value of the Part Exchange Car/Van or motorcycle  as a result of the Part Exchange Car/Van or motorcycle  not meeting the requirements in this section 17 (Recovery Claim). You may also have to pay to us on demand all reasonable costs and expenses incurred by us in pursuing a Recovery Claim
  1. Repudiation by Customer
    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.
    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.
  • The Dealer reserves the right to make a reasonable daily charge for the storage of the vehicle or vehicles.
  1. Loss or Damage
    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
    1. If the contract is cancelled under the provisions of clauses 6 or 12 above the deposit shall be returned to the Customer and the Dealer shall be under no further liability.
  3. Retention of Title and Risk
    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
    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.
  • 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.
  1. 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.
  2. 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.
  3. 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
    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.
  2. Authority to Contract
    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.
  3. Authority to Uplift
    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.
  4. Authority to Drive
    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 12.
    2. Finance
  • 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 here under.
  1. Notices
    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.
    2. Any correspondence to you will be sent – by generic email from the specific email addresses in relation to the division. 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- you must opt in via our GDPR contact preferences updates.
  2. Export Outside EU
    1. The Dealer reserves the right to cancel this order if it believes that;
      1. The Customer intends to resell the Goods outside the European Union (Contract Territory) for commercial gain within a period of 12 months;
      2. where the Customer is a corporation its place of business is not within the European Union; or
      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.
      4. 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.
    2. Distance Selling
      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; excluding live video link, or anyone acting on your or our respective behalf, you may give notice to cancel this Agreement within 14 days without giving any reason.
      2. 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. 
  1. 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:-
  2. 14 days after the day on which we receive the Goods back; or
  3. (if earlier) 14 days after the day you provide evidence that you have returned the Goods; or
  • 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.
  • 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. 
  1. 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.
  2. 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. 
  3. You must take reasonable Car/Van or motorcycle e 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.
  • 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.
  • 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.
  1. Click & Collect
    1. To Click and Collect for Sales or Service we follow online documented procedures, bacs transfers, secure signature and document storage via Ideal File document storage with two factor authentication for your security and privacy. We also ensure all our staff are Covid-free by checking status and temperatures daily in line with Government guidance.  We can offer Live Video demonstrations, Virtual valuations of your part exchange and you will deal with a Director of the Group during lockdown.
    2. Click and Collect is available at any John Banks Site for any ordered vehicle local to you
  • Available 6 days per week with socially distanced collection and handover video's available but not mandatory.
  1. Handover of Click & Collect will be in designated handover areas only.
  2. Vehicles are all sanitised prior to delivery, we also offer a click and collect test drive service out of any government restriction period.
  1. Storage Charges
    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.
  2. Events Outside of Our Control (Force Majeure)
    1. 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.
    2. If any event described under this Clause 27 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;
  1. Follow government guidance on any regulations that may apply
  2. Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly;
  3. 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 120 days. We will cancel the Contract and inform you of the cancellation unless expressly identified and re-proposed. 
  • Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible;
  1. 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.
  1. Dispute resolution/ Jurisdiction
    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.
    2. Where your complaint cannot be resolved, once you have exhausted our internal process you may refer the dispute to the following ADR processes,
  • where your complaint does not relate to a financial service, Motor Codes Industry Codes of Practice are the point of contact.
  1. 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.
  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 financial-ombudsman.org.uk, email them at complaint.info@financial-ombudsman.org.ukor write to the Financial Ombudsman Service, Exchange Tower, London E14 9SR.
  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.
  1. Your right of withdrawal (if you have paid for the Car/Van or motorcycle  using a Finance Agreement)
    1. Where you have paid for the Car/Van or motorcycle by entering into a Finance Agreement with the Lender, you may have a right to withdraw from the Finance Agreement without giving any reason. You should refer to the terms of your Finance Agreement for more information on your right to withdraw from the Finance Agreement.
    2. If you exercise your right of withdrawal, you will withdraw from the Finance Agreement only. You will be required to pay the amount of credit plus interest to the Lender in accordance with the terms of the Finance Agreement. When you have repaid the Lender the amount of credit plus interest you will own the Car/Van or motorcycle . You should contact the Lender for more information on the right of withdrawal.
  2. Order Cancellation

Notice Example to be used when sending information to cancel an order.

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

INCLUDING EMAIL/mobile

Dear Dealer Principal and Accounts Department

Re:                           [insert model description]

REGISTRATION NUMBER: [REG]

MAKE & MODEL

Ordered on:               [INSERT DATE HERE]

Received on:              [INSERT DATE HERE]

LOCATION OF SUPPLY CENTRE:

[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.

  1. Trading Names
    1. 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, Used Car/Van or motorcycle s Direct, John Banks Group, John Banks Motorcycles.
  2. Acceptance of Terms
    1. These terms are deemed to be accepted in whole on payment of a reservation of full deposit to John Banks Limited or its subsidiary Companies at point of Order or upon signature of order.
    2. Should an order not be physically signed it may be deemed accepted if it has been delivered using secure cloud based platforms to the customer on receipt of payment or on order due to circumstances out of our control or during periods of government restriction / legislation.
  3. Cancellation Policy Terms
    1. 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 that has incurred additional costs to the Company.
  4. Data protection - GDPR - (General Data Protection Regulations)
    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.
    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
  • 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 Car/Van or motorcycle e under legitimate interest.
  1. Summary of your legal rights.
    1. We are under a legal duty to supply Car/Van or motorcycle s that are in conformity with this Agreement. Nothing in this Agreement will affect your legal rights. If you would like more information on your rights you should contact your local Citizens Advice Bureau or the Motor Ombudsman
  2. Governing Law and Jurisdiction
    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
    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.
  • 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.
  1. Miscellaneous
    1. If a court finds part of the Agreement is illegal, invalid or otherwise unenforceable, the remaining parts of the Agreement will continue in full force and effect.
    2. You may not transfer any of your rights or obligations under the Agreement to any other person. We may transfer our rights or obligations under the Agreement to another person provided that this will not affect your rights under the Agreement.
  • The Agreement does not give rise to rights that are enforceable by any person who is not party to the Agreement.
  1. If we do not exercise or enforce a right under these Terms against you at any time, this does not prevent us from doing so at a later date.

 Version : BM.TC.110-01-11