John Banks Limited - Consumer Terms and Conditions of Sale for Motor Vehicles
John Banks Group Vehicle Sales 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
1.0 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
1.2. John Banks Limited is an appointed representative of ITC Compliance Limited which is authorised and regulated by the Financial Conduct Authority (their registration number is 313486). Permitted activities include advising on and arranging general insurance contracts and acting as a credit broker not a lender.
1.3. We can introduce you to a limited number of finance providers. We do not charge a fee for our Consumer Credit services. We do not act as a financial adviser, or fiduciary. We act in our own interest, whichever lender we introduce you to, we will typically receive commission from them based on either a fixed fee or a fixed percentage of the amount you borrow. Any and all commission amounts will be fully disclosed to you as part of your sales journey. You will be required to give your fully informed consent to our receipt of this commission. By doing this, you acknowledge that you understand our role as a credit broker, and that we will receive a financial incentive if you take out a loan from a lender that we introduce you to.
1.4. Consumer Credit Register 169742
1.5. Members of the Motor Industry Codes of Practice.
1.6. "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
1.4 "Goods" means all vehicles as defined, or other things to be sold by the Dealer to the Customer.
1.5 "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.
1.6 "price" means the price payable for the goods.
1.7 “Order” means your order for the Goods, made via telephone, email, document transfer, website order or facsimile transaction confirmation.
2.0 Whole Contract
2.0 These terms shall represent the whole contract between the Dealer and the Customer. They may be varied only by written agreement between the parties.
2.1 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.
2.2 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 Rights Act 2015 or otherwise, please contact your local trading standards or Citizens Advice Bureau.
3.0 Pre-Contract Information
3.0 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.
3.1 You will also be sent additional pre-contract information from the finance Company that we introduce you to. This forms part of your Contract
3.2 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 system.
4.0 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.
4.2 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.
4.3We 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.
4.2.1 Interpretation - The singular shall include the plural, and the male shall include the female or business entity as may be appropriate.
4.2.2 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.
5.0 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.
5.2 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.
5.3 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.
5.3.1 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.
5.3.2 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.
5.4 We may cancel your Order at any time before We dispatch the Goods in the following circumstances:
5.4.1 The vehicle is no longer available for sale, and We are unable to re-stock if, for example, the product is discontinued);
5.4.2 An event outside of Our control continues for more than 12 weeks (please see Clause 11 for events outside of Our control).
5.5 Delivery/Time Not of the Essence
5.5.1 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.
5.5.2 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.
6. New Goods
6.1 If the Goods to be supplied by the Dealer are new, the following provisions shall have effect:
6.1.1 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.
6.1.2 No allowance can be made for any part of the standard equipment supplied with the vehicle which you do not wish to take.
6.1.3 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.
6.1.4 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.
6.1.5 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.
6.1.6 If after the date of this order and before delivery of the Goods to the Customer, the manufacturers 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
6.1.6.1 In the event of the manufacturers 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 previously mentioned, the increase in the price shall be added to become part of the contract price.
6.1.6.2 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.
6.1.6.3 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.
6.1.6.4 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.
7.0 Used Goods
7.1 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):
7.2 is sold subject to any conditions or warranties that are implied by the Sale of Goods Legislation or any amending statutes.
7.3 Prior to signing the order form to which these terms apply, 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
7.4 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
8.0 Variation
8.1 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.
9.0 Finance
9.1 We are a credit broker and not a lender. Details of our FCA (Financial Conduct Authority) status are set out at https://www.johnbanks.co.uk/.
9.2You 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.
9.2.1 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.
9.2.2 If you enter into a Finance Agreement to finance the purchase of the Car/Van or motorcycle:
9.2.2.1 we will sell the Car/Van or motorcycle to the Lender who will let you use the Car/Van or motorcycle in accordance with the terms of the Finance Agreement.
9.2.3 the Lender will own the Car/Van or motorcycle until it transfers ownership to you in accordance with the Finance Agreement.
9.2.4 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
9.2.5 you may have a right of withdrawal under your Finance Agreement which is described in section 13.25 onwards
9.2.6 Finance rates or terms published are provided by Lenders. We are not responsible for any changes to these rates or terms. APRs (Annual Percentage Rate) stated are representative APRs and the actual APR (Annual Percentage Rate) offered to you may differ.
10 Delivery
10.2 The Customer shall be liable to pay for the Goods immediately upon notification by the Dealer that they are available for delivery.
10.3 The Price of the Goods will be that given by Our salespeople AND/OR shown on our website if used 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.
10.4 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.
10.5 The price payable is the balance at order or upon upgraded order and signatures shall be required for any changes to be applied between time of order and delivery.
10.6 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.
10.7 Our prices do not include the cost of delivery.
10.8 “Deposit” means any sum paid by the Customer to secure a vehicle, place an Order, reserve a vehicle, or commit to purchase, whether described as a reservation deposit, holding deposit, or full deposit.
10.9 “Cleared Funds” means funds that have been irrevocably received into the Dealer’s nominated bank account and are fully cleared, settled, and available for use, without restriction or risk of reversal.
10.10 “Preferred Payment Method” means Open Banking / Pay by Bank or bank transfer, as notified to the Customer at the time of Order or prior to delivery.
11. Payment Methods & Cleared Funds
11.1 Preferred Payment Method
Our preferred method of payment is Pay by Bank (Open Banking) or bank transfer. These methods provide immediate confirmation, security, and reduced risk of fraud.
11.2 Cleared Funds Requirement
All sums due must be received by the Dealer as Cleared Funds before delivery or handover of any vehicle.
11.3 Threshold for Cleared Funds
Where any outstanding balance exceeds £1,000, Cleared Funds must be received into the Dealer’s bank account prior to handover of the vehicle.
11.4 Finance Company Payments
Where a vehicle is funded in whole or in part by a finance provider, the requirement for Cleared Funds will be satisfied only when the Dealer has received the finance advance directly from the finance company.
11.5 No Handover Without Cleared Funds
Under no circumstances will a vehicle be released, delivered, or handed over until all monies due are received as Cleared Funds.
11.6 Payment Timing Risk
The Dealer accepts no responsibility for delays caused by banking times, cut-off periods, weekends, or public holidays. Customers are advised to make payment in sufficient time to ensure Cleared Funds are received before handover.
12 Place of Delivery
12.1 Unless otherwise agreed in writing, including email, delivery of the Goods shall take place at the Dealer’s premises.
12.2 Please note that delivery is only possible within the United Kingdom. We do not deliver outside of England, Wales, and Scotland.
12.2.1 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.
12.2.2 We do not offer free delivery, collection only from dealership premises unless specifically organised at order and approved by the Sales Manager.
12.2.3 In the event of cancellation, for any reason, the customer agrees to return the Goods to the dealer’s premises at their own cost.
12.3 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 Monday to Friday and 9am to 5pm Saturday when able to do so and not during any restrictions that may apply from Government guidance.
12.4 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.
12.5 If for any reason Our Chosen Car/Van or motorcycle rider / delivery driver is unable to deliver the Goods at your chosen delivery address, the Chosen Car/Van or motorcycle rider will return to the dealership location, and a full charge will be raised for the time and the cost of delivery.
13. Statutory Right to Cancel & 14-Day Money Back Guarantee IMPORTANT LEGAL NOTICE
This section explains your statutory rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and the conditions under which returns and refunds may lawfully be made.
Nothing in this section affects your rights under the Consumer Rights Act 2015.
13.1 When the 14-Day Right Applies (The Law)
The 14-day right to cancel only applies where:
You are purchasing as a Consumer, and the contract was concluded entirely at a distance or off-premises (for example, by phone, email, website or digital signature), without any face-to-face contact prior to delivery.
This statutory cancellation right does not apply to vehicles purchased entirely on the Dealer’s premises.
13.2 Cancellation Period
Where the statutory right applies, you may cancel the Contract within 14 days from the day after delivery of the vehicle, without giving any reason.
To exercise this right, you must notify us by 8:00pm on the final day of the 14-day period.
13.3 How to Cancel
You may cancel by:
Contacting the supplying dealership and speaking to the Administration Team; or Submitting a written cancellation notice by email or post (a model cancellation form is available).
We will acknowledge receipt of your cancellation without undue delay and will contact you within 3 working days to arrange return or collection of the vehicle.
13.4 Condition of Vehicle & Permitted Use
You may use the vehicle only to the extent necessary to establish its nature, characteristics and functioning, comparable to a short test drive.
· Maximum mileage – 50 miles
You must:
· Stop using the vehicle immediately once cancellation is notified
· Keep the vehicle in good condition
· Maintain valid comprehensive insurance until return or collection
13.5 Deductions Permitted by Law
We are legally entitled to deduct sums from any refund where the value of the vehicle has been reduced due to use or condition.
13.6 Refunds
Refunds will be processed:
Within 14 days of receiving the returned vehicle and all required documentation; or Earlier, if permitted by law
Refunds will be made using the original payment method, unless otherwise required by law.
13.7 Vehicles Purchased Using Finance
· Where the vehicle was purchased using a Finance Agreement:
Any deposit paid directly to us will be refunded (subject to lawful deductions)
· The balance will be repaid directly to the finance provider
· You must separately notify the finance provider that you are withdrawing from the Finance Agreement
We do not notify the finance provider on your behalf
13.7.1Return Conditions for Finance Vehicles
To qualify for return:
· Mileage must not exceed 50 miles
· No alterations or modifications must have been made
· The vehicle must be free from third-party claims
· The vehicle must be in the same condition as at delivery (fair wear and tear excepted)
· If these conditions are not met, we may refuse the return or apply lawful deductions.
13.8 Part Exchange Vehicles
If a part exchange vehicle formed part of the transaction:
· We will attempt to return it where possible
· If the vehicle has been prepared, sold, or sent to auction, we may deduct preparation or disposal costs
· Where return is not possible, the agreed valuation (subject to deductions) will be included in the refund
13.9 Collection, Insurance & Responsibility Collection may be arranged at £1 per mile, or you may return the vehicle yourself by agreement
· You remain responsible for the vehicle until it is returned or collected
· You must ensure the vehicle remains insured until that point
· We will reimburse reasonable additional insurance costs only where collection delay is caused by us
13.10 Items to Be Returned
You must return all items supplied, including:
· All keys
· Service history and manuals
· MOT certificate (if applicable)
· Charging cables, locking wheel nuts, accessories, parcel shelf, spare wheel, and emergency kits
Missing items may result in deductions.
13.11 What This Section Does NOT Do
This section:
· Does not create a cooling-off period for showroom purchases
· Does not apply once a vehicle has been registered or delivered under an on-premises sale
· Does not override your rights if a vehicle is faulty or mis-described
13.12 Statutory Rights Preserved
Nothing in this section limits or excludes your rights under:
· The Consumer Rights Act 2015
· The Consumer Contracts Regulations 2013
14 Part Exchange Vehicles – Retail Transactions
14.1 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.
14.2 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.
14.2.1 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.
14.2.2 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.
14.2.3 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.
14.2.4 In the event of the non-fulfilment of any of the foregoing conditions, 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.
14.3 We may reject a Part Exchange Car/Van or motorcycle at any time, either before or at Delivery, if:
14.3.1 you are not legally capable of entering into a binding contract to sell the Part Exchange Car/Van or motorcycle.
14.3.2 you are not the sole owner of the Part Exchange Car/Van or motorcycle (including, if relevant, the electric Car/Van or motorcycle battery);
14.3.3 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.
14.3.4 any information given to us about the Part Exchange Car/Van or motorcycle is not true and accurate.
14.3.5 the Part Exchange Car/Van or motorcycle has sustained damage that is not disclosed to us when you placed the Order.
14.3.6 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);
14.3.7 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.
14.3.8 the Part Exchange Car/Van or motorcycle is not registered in the UK or was not first registered in the UK.
14.3.9 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.
4. 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);
5. the Part Exchange Car/Van or motorcycle has been modified for appearance or performance purposes.
6. 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
7. 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.
14.4 If we accept and collect the Part Exchange Car/Van or motorcycle at Delivery, you must give us:
14.4.1 all copies of the Part Exchange Car/Van or motorcycle 's keys.
14.4.2 the Part Exchange Car/Van or motorcycle 's most recent V5C registration document (together with appropriate proof of purchase if requested by us).
14.4.3 the Part Exchange Car/Van or motorcycle 's service history (if any)
14.4.4 the Part Exchange Car/Van or motorcycle 's MOT certificate (if any).
14.4.5 the Part Exchange Car/Van or motorcycle 's user manuals (if any); and
14.4.6 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).
14.5 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.
14.6 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:
14.7 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
14.8 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.
14.9 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.
14.10 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.
14.11 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 within section 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 14 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
15 Repudiation by Customer
15.1 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.
15.2 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.
15.3 We reserve the right to make a reasonable daily charge for the storage of the vehicle or vehicles.
16 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.
17 Return of Deposit
2. If the contract is cancelled under the provisions of clauses 6 or 13 above the deposit shall be returned to the Customer and the Dealer shall be under no further liability subject to deductions as outlined above.
18 Retention of Title and Risk
18.1 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
18.2 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 previously mentioned has been made the Customer acknowledges that they are in possession of the goods solely as agent of the Dealer.
18.3 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
18.4 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.
18.5 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.
18.6 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.
19 Right of Lien
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.
20 Authority to Contract
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.
21 Authority to Uplift
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.
22 Authority to Drive
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 14.
23 Notices
23.1 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.
23.2 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 (General Data Protection Regulation) contact preferences updates for safety related contact.
24 Export Outside EU
The Dealer reserves the right to cancel this order if it believes that.
24.1 The Customer intends to resell the Goods outside the European Union (Contract Territory) for commercial gain within a period of 12 months.
24.2 where the Customer is a corporation its place of business is not within the European Union; or
24.3 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.
24.4 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.
25 Distance Selling / Distance Sales
Clause 13 applies to cancellation under distance selling.
26 Cancellation under the Distance Selling Regulations
We offer Sales within the Distance Selling Regulations
If you have ordered and taken delivery of your vehicle without visiting our showroom and you are not buying the car in the course of your trade or business:
· Clause 13 applies to cancellation under distance selling.
27 Click & Collect
27.1 To Click and Collect for Sales or Service we follow online documented procedures, bacs or open banking payments, secure signature, and document storage via Ideal File document storage with two factor authentication for your security and privacy. We can offer Live Video demonstrations, Virtual valuations of your part exchange.
27.2 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.
28 Storage Charges
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.
29 Events Outside of Our Control (Force Majeure)
1.0 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.
2.0 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.
30 Dispute resolution/ Jurisdiction
30.1 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.
30.2 Where your complaint cannot be resolved, once you have exhausted our internal process you may refer the dispute to the following ADR processes,
30.3 Where your complaint does not relate to a financial service - Motor Codes Industry Codes of Practice are the point of contact.
30.4 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.
30.5 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 [email protected].ukor write to the Financial Ombudsman Service, Exchange Tower, London E14 9SR.
30.6 Where any dispute cannot be resolved through ADR, the 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.
31 Your right of withdrawal (if you have paid for the Car/Van or motorcycle using a Finance Agreement)
31.0 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.
31.1 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.
32 Order Cancellation, Deposits & Customer Cancellation
32.1 Binding Commitment
Once an Order has been accepted by the Dealer (including written confirmation, secure digital signature, or payment of a Deposit), the Customer enters a legally binding contract.
32.2 Reservation Deposits (Pre-Order)
Where a reservation deposit is paid before an Order is placed and before the Customer has committed to purchase:
· The reservation deposit is refundable if the Customer decides not to proceed before an Order is accepted.
· Failure to attend a test drive, inspection, or agreed appointment within 48 hours may result in retention of the reservation deposit to cover administrative and lost sale costs.
32.2.1 Reservation Deposits:
Where a reservation deposit of £50, £99, £250 or up to £500 is paid (either online or in person) to secure a vehicle, and the Customer chooses not to proceed with the purchase after attending and test driving the vehicle, a full refund of the reservation deposit will be made within 5 working days, using the original payment method (or to the same card registered at the same address). Proof of payment may be required.
32.2.2 Failure to Attend / Reservation Expiry
Where a vehicle is reserved for more than 48 hours and the prospective Customer fails to attend a pre-arranged test drive or inspection without prior notice or agreement, the Dealer may retain the reservation deposit as a genuine pre-estimate of the administrative, marketing, and re-advertising costs incurred in holding the vehicle off sale.
32.3 Deposits Paid After Order Acceptance
Once an Order has been accepted:
· The Deposit becomes non-refundable, subject only to statutory cancellation rights where applicable.
· This reflects the removal of the vehicle from sale, administrative processing, registration preparation, finance processing, and potential manufacturer or supplier commitments.
32.4 Customer Cancellation After Order Acceptance
If the Customer cancels after an Order has been accepted, the Dealer is entitled to retain the Deposit in full to recover losses and costs incurred, including (without limitation):
· Administration and processing costs
· Vehicle preparation or workshop work
· Registration, tax, or manufacturer ordering costs
· Lost opportunity to sell the vehicle during the reservation period
Retention of the Deposit represents a genuine pre-estimate of the losses likely to be incurred by the Dealer.
32.5 Customer Notice for Cancellation
Notice Example to be used when sending information to cancel an order.
Write to: 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 or Right to Withdraw
I understand that I will not have driven the vehicle more that 25 miles in any 14 days since delivery.
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.
32.5 Special Orders & Customer-Specified Vehicles
Where a vehicle is:
· Factory ordered
· Directly ordered from manufacturer
· Built to customer specification
· Registered in the Customer’s name
· Fitted/ supplied with customer-requested accessories
the Deposit is strictly non-refundable except where required by law
32.6 Distance Selling & Statutory Rights
Nothing in this section affects the Customer’s statutory rights under the Consumer Rights Act 2015 or Consumer Contracts Regulations 2013.
Where statutory cancellation rights apply, refunds will be processed subject to lawful deductions for use, mileage, damage, depreciation, and administrative costs as set out elsewhere in these Terms. Section 13 forms part of this cancellation section in full and terms apply.
32.7 No Cancellation After Delivery or Registration
Once a vehicle has been:
· Delivered to the Customer; or
· Handed Over to the customer
· Registered in the Customer’s name
no Deposit or payment will be refundable except where required by law.
32.7.1 On-Premises Orders – No Cooling-Off Period
Where the Contract is concluded on the Dealer’s premises, there is no statutory cooling-off period once an Order has been accepted, and any cancellation after acceptance will be treated as a Customer cancellation in accordance with Section 32.
32.7.2 Distance Selling
Where statutory cancellation rights apply under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, cancellation and refunds are governed exclusively by Section 13 of these Terms.
33 Trading Names
John Banks Limited also trades as John Banks Honda, John Banks Suzuki, John Banks Honda Cambridge, John Banks Renault, John Banks Dacia, John Banks (Ipswich) Limited, John Banks Hyundai, John Banks Honda Ipswich, John Banks Renault Ipswich, John Banks Dacia Ipswich , John Banks Alpine, John Banks Mazda, John Banks Colchester, Used Direct Car Centre, John Banks Honda Motorcycles, John Banks Group, John Banks Motorcycles Colchester, Renault Cambridge, Renault Colchester, Alpine Colchester, Alpine Cambridge, Dacia Cambridge, Dacia Ipswich, Hyundai Cambridge, John Banks Hyundai
Acceptance of Terms
34.1 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.
34.2 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.
35 Cancellation Policy Terms
The Company reserves the right to withhold 10% of any monies or the full deposit paid for administration costs should any vehicle be placed on special order to the manufacturer that has incurred additional costs to the Company to a maximum of £2000.00.
36 Data protection - GDPR - (General Data Protection Regulations)
36.0 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.
36.1 We also record telephone calls for security and training.
36.2 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.
37 Summary of your legal rights.
1. We are under a legal duty to supply Cars, Vans or motorcycles 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
38 Governing Law and Jurisdiction
2. 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
3. As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 33 above takes away or reduces your rights as a consumer to rely on those provisions.
4. 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.
39 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.
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