Terms and conditions
Information about us
John Banks Group is a site operated by John Banks Limited ("We"). We are registered in England and Wales under company number 1831725 and have our registered office at Kempson Way, Moreton Hall, Bury St Edmunds, Suffolk, IP32 7AR Our VAT number is 740 9181 35
This site www.johnbanks.co.uk (‘the Website’) is owned and operated by John Banks Limited (‘the Company’) registered number 1831725.
Your use of the Website constitutes your acceptance of the Terms. If you do not accept the Terms in their entirety you should not use the Website. These Terms constitute a legally binding agreement between you and the Company, so you should read them carefully.
The Company reserves the right to change the Terms at any time by posting changes within these pages. It is your responsibility to regularly review the Terms to obtain details of any changes made. Your continued use of the Website constitutes your acceptance of any such changes.
All rights, including copyright and database right in the material contained in the Website and its contents are owned by the Company, licensed by third parties for use by the Company or otherwise used by the Company as permitted by applicable law.
Materials on the Website may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any way except for your own personal non-commercial use, or except as otherwise expressly permitted. Any other use of the materials on the Website requires the prior express permission of the Company or applicable third party. All commercial use enquiries for the Company materials should be directed by email to firstname.lastname@example.org
When using the Website you agree to do so only for lawful purposes and in a manner which does not without limitation: infringe the rights of, or restrict or inhibit the use and enjoyment of the Website by any third party, amount to conduct which is unlawful, or which may harass or cause distress or inconvenience to any person, transmit obscene or offensive content or disrupt the normal flow of dialogue within the Website. The Company reserves the right to terminate your access to the site at any time.
The images, logos and names on the Website which identify the Company, the Office of Fair Trading, subscribers to the Motor Industry Service and Repair Code (‘the Code’) or other third parties and their products and services are proprietary marks of the Company and/or the relevant third parties. All rights are reserved. Nothing contained in the Website shall be deemed to confer on any person any licence or right with respect to any such image, logo or name.
This Website may contain links to other websites (the "Linked Sites"), which are not operated by www.johnbanks.co.uk.
Where hypertext links to other sites have been provided, this has been done so for your information and convenience only. Should you activate any of these links, you will leave the Website and the Company has no control over, does not endorse and will accept no responsibility or liability whatsoever in respect of the material on any such other web site. You are advised to ensure that you familiarise yourself with the terms and conditions of use for each of the sites concerned, prior to your use of the services and information they provide.
This Website and the information, names, images, pictures, logos and icons regarding or relating to the Company, its products and services (or to third party products and services), are provided ‘AS IS’ and on an ‘AS AVAILABLE’ basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
The Company is only liable to you for losses which you suffer as a direct result of the Company’s breach of these Terms. The Company excludes all liability for any business losses which you suffer, including, but not limited to loss of profits, business, revenue, goodwill or data, and for any other losses which are not reasonably foreseeable arising out of your use of the Website or the Company’s provision or failure to provide the Website.
If the Company is found to be liable to you, its total liability to you in respect of any year shall be limited to £100.
Nothing in these Terms shall operate to exclude or limit the Company’s liability for negligence resulting in death or personal injury, for fraudulent misrepresentation or for any other liability which cannot be excluded or limited by law.
You agree that you will compensate the Company in full for any losses, claims, expenses, costs or liability which it suffers as a result of a breach by you of these Terms or any other act or omission by you.
The Company does not warrant that the functions embedded within the material contained in the Website will be uninterrupted or error free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs. We reserve the right to suspend or discontinue the Website (or any part or content thereof) at any time with or without notice.
Access to the Subscriber Area / selected vehicles of the Website is at the discretion of the Company, is additionally subject to the Terms and Conditions for Subscribers, and will only be provided to subscribers or persons submitting their details (‘the Subscribers’). Any Subscriber experiencing difficulties accessing the Subscriber Area should report the problem by email to email@example.com
These Terms shall be governed by and construed in accordance with the laws of England and Wales. You and the Company agree to submit to the exclusive jurisdiction of the Courts of England and Wales. If a dispute arises between you and the Company, the Company will consider any reasonable request from you to resolve the dispute through an alternative dispute resolution procedure (such as mediation), rather than resort to litigation.
Should any clause in these Terms be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which the Terms are intended to be effective, then to the extent and within the jurisdiction which that clause is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms and the remaining clauses shall survive, remain in full force and effect and continue to be binding and enforceable.
These Terms set out the entire agreement and understanding between you and the Company in respect of the provision by the Company, and your use of, the Website.
The Company’s failure to take action in respect of any breach by you of these Terms shall not restrict it from taking action in respect that breach, if it continues, or in respect of any subsequent breaches of these Terms.
If you have any questions about these Terms or the Website, please email the Company at firstname.lastname@example.org
The software downloads from this site have been thoroughly scanned and tested at all stages of production, but - as with all new software - we still recommend that you run a virus checker before use. We also recommend that you have an up-to-date backup of your hard disk before using the software. John Banks Group cannot accept responsibility for any disruption, damage and/or loss of data on your data or computer system that may occur while using the software. Consult your network administrator before installing any software on a networked computer.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of www.johnbanks.co.uk or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by www.johnbanks.co.uk and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
Aggregated Site Usage Statistics
Cookies may be placed on your computer, phone or other Internet device to provide us with aggregated data of the usage of this site and the mediums which are driving traffic to the site. The data gathered by these is aggregated and therefore your individual usage of this site cannot be attributed to you.
Essential Site Features
Cookies may be placed upon your computer, phone or other Internet device in order to provide essential site features such as allowing you to compare different cars in stock and complete enquiry forms quickly.
Complimentary Site Features
These Terms & Conditions shall be governed by and construed in accordance with the laws of England and Wales. Disputes arising here shall be exclusively subject to the jurisdiction of the courts of England and Wales.
John Banks Group reserves the right to change any of its terms and conditions at any time by posting changes online.
If you do not accept these Terms in full, you must stop using this website immediately.
Website Terms & Conditions
Terms & Conditions – www.johnbanks.co.uk
The information contained in this website is for general information purposes only. We endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Through this website you are able to link to other websites which are not under our control. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, we take no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
John Banks Ltd ("www.johnbanks.co.uk]") owns and operates this Website.
This document governs your relationship with www.johnbanks.co.uk ("Website"). Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or this entire Website.
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and johnbanks.co.uk will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
Terms of Sale – For Reservation Only.
By reserving on-line you are offering to purchase a product on and subject to the following terms and conditions.
All orders are subject to availability and confirmation of the order price. Customer entitled to full refund for reserving car should they not proceed to purchase car from John Banks Group. The reservation is returned in full to the customer if sale is not completed. If sale is completed, then in the unlikely event of an irreparable fault occurring within 30 days/1,000 miles (whichever occurs sooner), we will offer you an exchange. This does not affect your statutory rights.
In order to contract with www.johnbanks.co.uk you must be over 16 years of age and possess a valid credit or debit card issued by a bank acceptable to us. www.johnbanks.co.uk retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will be www.johnbanks.co.uk. Where a contract is made with a third party www.johnbanks.co.uk is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card or paypal account used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
Upon receiving your order we carry out a standard authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been despatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
From point of sale agreement with customer, the Approved Used Car will be delivered to the customer within 7 days. Prior to delivery, the vehicle will undergo a comprehensive series of stringent tests and inspections. Customer will accept delivery on acceptance of these terms and vehicle condition.
Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law www.johnbanks.co.uk and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect www.johnbanks.co.uk's liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Linking to this Website
You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Disclaimer as to ownership of trade marks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with www.johnbanks.co.uk and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to www.johnbanks.co.uk
You agree to indemnify, defend and hold harmless www.johnbanks.co.uk, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
www.johnbanks.co.uk shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and www.johnbanks.co.uk. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of www.johnbanks.co.uk
Website Product specification
Whilst we make every effort to ensure the information displayed on our website is accurate, some information is time sensitive and some information is supplied by 3rd parties and as such we cannot be held liable for the accuracy of this information. If you require any specific details please consult your nearest John Banks Limited Dealership. Some illustrations in this website do not necessarily reflect the car that may be available.
Please check model availability and full specification details with your nearest John Banks Limited Dealership prior to ordering.
All new car prices quoted in this website are manufacturer’s recommended retail prices and may vary from time to time and we cannot be held responsible for the prices displayed on our new cars. Our site contains a large number of new physical car stock & used car stock and it is always possible that, despite our best efforts, some of the products listed may be incorrectly priced. Always finalise prices with your local John Banks Limited Dealership.
Reliance on information posted
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents. We are not liable for any action you may take as a result of relying on such information or advice nor for any loss or damage suffered by you as a result of you taking such action.
Our site changes regularly
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
Availability of our site
We cannot guarantee that our site will always be accessible due to the nature of the internet, as our site may be unavailable or suspended to allow for repairs, maintenance or the introduction of new facilities or services.
Emails and Information sent to us
Any email or attachment sent to us will not be encrypted and we therefore do not accept any liability if emails sent by you are compromised (including, but not limited, to their security or confidentiality). We do not, to the extent permitted by law, accept any liability as set out in Clause 9 above for any external compromise of any security and/or confidentiality in relation to transmissions sent by email.
Information about you and your visits to our site
Viruses, Hacking and other offences
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
Username and Password
If you use our site you are responsible for maintaining the confidentiality of your username and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have reason to believe that your password has become known to anyone else, or if the password is likely to be used in an unauthorised manner.
Please ensure that the details provided to us are accurate and complete. Do inform us immediately of any changes to the information that you provided when registering.
We reserve the right to refuse access to the site, and to terminate accounts, remove or edit content.
Linking to our site
You must not create links to any part of our site without our prior permission. If you wish to request such permission, please email us. Linked web sites whether permitted or not do not have implied affiliation with our site.
All rights, including copyright and database right, on our site and its contents, are owned by or licensed to the vehicle manufacturer and John Banks Limited, or otherwise used by vehicle manufacturer and the Dealer as permitted by applicable law or the copyright holder. You may not copy, reproduce, re-publish, download, post, broadcast or transmit any text, images, graphic, logo, button, icon, image and their selection and arrangement thereof, and any underlying source code and software, for any commercial or public purpose without prior written permission from the vehicle manufacturer or the copyright holder.
You may not adapt, alter or create any of the material or information in this site or use it for any other purpose other than for your personal non-commercial use. You agree to use this site only for lawful purposes.
The vehicle manufacturer and John Banks Limited reserves the right to use for its own purposes any material submitted to the site, including text and images, either on the site or in any other form, including for publicity purposes. John Banks Limited reserves the right to monitor submissions to the site and to edit or reject any submissions.
Links from our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Jurisdiction and Applicable Law
If you have any concerns about material which appears on our site, please feel free to write to us at John Banks Limited, Kempson Way, Moreton Hall, Bury St Edmunds, Suffolk, IP32 7AR .Alternatively you can always email us at email@example.com
Recurring Transaction Authority Form