By accessing the website www.carterandhaines.co.uk or placing an Order with us you are agreeing to these terms and conditions. For the meanings of the capitalised terms used throughout these terms and conditions please refer to the Appendix.
1 Ordering Process
1.1 If you tell us you wish to purchase a Car and that Car is available, we will send you an Order. The Order will detail the Specifications and Price.
1.2 If you decide to purchase the Car, you should review and accept the Order by returning it to us together with the Deposit within 24 hours of receipt (unless otherwise stated in the Order form). By agreeing and returning the Order together with the Deposit, you will be entering a binding contract to purchase the Car with the Specifications at the Price (the "Contract").
1.3 Following the receipt of an Order, we will send you an Order Confirmation. A Contract is formed once the Order Confirmation has been sent.
1.4 If you are connected to the motor trade you must make us aware of the relationship at the earliest opportunity and before you agree to the Order. It is prohibited to order or purchase a Car without disclosing any connection to the automotive and motor industry.
2 Price and Payment
2.1 When returning an Order you are required to pay us a deposit. When the Car is ready for Delivery we will then send you a final sales invoice.
2.2 The balance of the Price (being the Price less the Deposit and the amount of any Part-Exchange Valuation agreed by us) shall be paid in pounds sterling on Delivery or Collection of the Car, or within the period stated on the final invoice if different. Payment must be made by an agreed method to our account with Santander (Sort Code: 09-02-22; Account Number: 10727737) (the "Account"). We will not proceed with Delivery of the Car until we receive cleared funds into the Account in the amount of the balance.
2.3 All Prices quoted to you and appearing in the Order will, unless stated otherwise, include VAT. Prices on the Website are for information purposes only and do not constitute an offer by us.
2.4 Where fees are applied, particularly in the case of credit cards, these will be passed on to you in addition to the Price. Where payment is made by credit or debit card the relevant consumer and credit legislation will apply. We may perform a validation check and authorisation check with the card issuer and reserve the right to refuse your order where the card issuer refuses to authorise payment or where we have any other legitimate concerns about your payment.
2.5 If you require finance for the purchase of a Car then we may offer you a finance package with a preferred provider. It is up to you whether to accept this offer or to source your own finance. All offers of finance will be subject to status.
2.6 If you fail to pay any sum when due under the Contract you will be liable to pay interest on such sum from the due date for payment at the annual rate of 3% above the base lending rate from time to time of HSBC Bank plc, accruing on a daily basis until payment is made, whether before or after any judgment. If no specific due date for payment has been agreed, the due date for payment shall be deemed to be:
i. the date falling 14 days after receipt of the final invoice; or
ii. (if earlier in time) the date of actual Delivery or Collection of the Car; or
iii. (if earlier in time) the date falling seven days after the date of the notice we give to you that the Car is ready for Delivery or Collection.
2.7 Please note that the Car will remain the property of Carter and Haines Ltd until full and final payment is received by us.
2.8 Taxes such as VAT, first registration fee and Vehicle Excise Duty will be charged at the rate set on the date of invoicing, which could be different to the rate set on the date of the Order form.
2.9 Where a credit or debit card is used to pay for a transaction online, the responsibility for this payment transaction lies with Carter and Haines Ltd.
3.1 Prior to agreeing to the Order we will give you the options for having the Car delivered to you.
3.2 The Estimated Delivery Date represents our best estimate of the time it will take for the Car to be delivered to you. We will do all that we reasonably can to deliver the Car to you before the Estimated Delivery Date. However, this may occasionally be subject to manufacturer and other delays and you acknowledge that Delivery may occur later than the Estimated Delivery Date. We will inform you as soon as possible if we are unable to deliver the Car by the Estimated Delivery Date. You will be entitled to cancel the contract and receive repayment of your Deposit if Delivery has not taken place within 28 days of the Estimated Delivery Date unless you have agreed otherwise, orally or in writing, to accept late delivery. Where delay is caused by circumstances beyond our control we will not be liable for any damages related to the delay.
3.3 We will not be liable for any delay in the delivery of the Car which is attributable to a Force Majeure event (this means a circumstance beyond our control - please refer to the definition in the Appendix).
3.4 Once your Car is ready for Delivery, should you request a delayed Delivery for any reason then we agree to do all that we reasonably can to store the Car for you until you are ready to take Delivery. In this circumstance you agree to pay for the storage of the Car in full, unless otherwise agreed. Please note that we may still require payment on the due date which may be prior to Delivery.
3.5 On Delivery of your Car you will be asked to sign a Delivery Acceptance Note. Please note that after signing this note you will be deemed to have accepted the Car in the condition it arrives. It is therefore important that you check the Car for any Damage that may have occurred during Delivery and that you detail any such Damage on the Delivery Acceptance Note before signing it. If you do not wish to accept Delivery of the Car because of such Damage, then DO NOT sign the Delivery Acceptance Note. In the event that there is Damage to the Car but you still wish to accept Delivery, and provided that you have noted such Damage on the Delivery Acceptance Form, then you will have the rights set out in clause 6.7 (to have the Damage made good). Please note that Carter and Haines Ltd cannot be responsible for any claim of Damage to the Car if it is not brought to our attention on the Delivery Acceptance Note.
3.6 In the event that you have specified a Delivery Arrangement with Carter and Haines Ltd, and you subsequently choose to re-arrange or cancel such Delivery Arrangement less than 24-hours before delivery is due to take place, please note that you may be subjected to a cancellation charge of up to PS100.
4 V5C log book Registration
4.1 At the earliest opportunity available to us we will apply to DVLA to have the V5C logbook keeper details registered or changed to the name and address details you provided to us for the invoice, unless you tell us otherwise.
4.2 Some of the new vehicles we sell require us to register the V5C log book with our company details first - this is necessary to achieve the large discount you receive - and due to DVLA processing time this could potentially add a delay before DVLA are notified of your details.
4.3 If, upon receipt of your V5C, you notice any inconsistencies or inaccuracies in the details that are displayed, or if a company name is present, you should immediately notify DVLA to allow them to correct this.
4.4 You should be aware that whilst using the vehicle on the public road any inaccuracies in the registered name and address details within the V5C log book could potentially prejudice yourself to Section 43C of The Vehicle Excise and Registration Act 1994, and possibly invalidate your insurance.
5 Refund of Deposit
5.1 If for any reason we have taken a Deposit from you but are unable to subsequently send you an Order then we will return, in full, any Deposit paid by you to us as soon as possible (and in any event within thirty days of the date of receiving the Deposit) but we will be under no further liability whatsoever to you.
5.2 If the Order is cancelled by us due to a failure by you to take Delivery of the Car, or cancelled by you for any reason while we are not in breach of the Contract, then we shall be entitled to retain all or that part of the Deposit that is reasonable for us to cover the costs incurred by us, which may include arranging transport, registration or resale of the Car (taking into account market fluctuations of the value of the Car).
5.3 If the Order is cancelled by you as a result of a breach by us of any of the conditions of the Contract, or as a result of you exercising your right to cancel following Delay as outlined in Clause 3.2, then you are entitled to a refund of your Deposit.
6 Cancelling or Changing the Order
6.1 After you return an Order Confirmation with your acceptance, the Specifications and Price are fixed and may only change as follows:
- 6.1.1 where you request a change to the Specifications and it is reasonably practicable for us to make those changes and you are willing to pay any corresponding increase in the Price. If it is not practicable to make the requested changes, you agree to accept the Specifications as originally ordered. You acknowledge that the sooner you are able to communicate a change of preference to us then more likely we will be able to accommodate your wishes;
- 6.1.2 if the cost of road fund licence or the rate of Value Added Tax increases then you will be required to pay the increased amount.
6.2 We may cancel your Order immediately by written notice if any of the following occurs:
- 6.2.1 the manufacturer ceases to make the type of Car you ordered;
- 6.2.2 the Order has been formed upon the basis of a substantive error;
- 6.2.3 a Force Majeure event occurs (please see the definition in the Appendix);
- 6.2.4 in the case of a stock Car, the Car is removed from sale by our supplier (e.g. the supplier has sold the Car to another customer);
- 6.2.5 there is a change in our terms of business with our Supplier, forced upon us by the Supplier, and beyond our control;
- 6.2.6 you materially breach any term of the Contract, including failure to make any payments when due; or
- 6.2.7 you fail, within 14 days of being asked to do so, to nominate an address for the Delivery of the Car to you, or you fail to take Delivery of the Car when Delivery is attempted by us at the address specified for Delivery in the Order, or you fail to ensure Collection has taken place within 14 days of the Collection date agreed with you.
- 6.2.8 less than 7 days has passed since sending an Order Confirmation.
6.3 Please note that if we cancel your Order pursuant to Clause 6.2.5 or 6.2.6 above, then we will do our best to find an alternative buyer for the Car. If we cannot find an alternative buyer, we reserve the right to forfeit some or all of your deposit as compensation for any losses caused directly by your breach. Carter and Haines Ltd will not be liable for any consequential loss incurred due to cancellation of Order.
6.4 You may cancel your Order if any of the following occurs:
- 6.4.1 we materially breach the Contract;
- 6.4.2 the Car does not match the Specification at the time of Delivery, for example should the Car have incorrect Specifications or Damage from transit, or (in respect of brand new cars only) mileage in excess of 250 miles on the clock (unless you have waived this and are having the Car driven to you);
- 6.4.3 the Order has been formed upon the basis of a substantive error in relation to any term of the Order including a typographical or mathematical error with respect to the Price or Specification;
- 6.4.4 you choose to exercise your right to cancel in accordance with Clause 3.2 (excess delay in the Delivery of your Car); or
- 6.4.5 less than 7 days has passed since accepting the Order Confirmation and a Delivery Arrangement has not yet been made.
6.5 In addition, you have a right under the Consumer Contracts Regulations 2013 to cancel your order for any reason without charge up to 14 calendar days after the day on which you receive the vehicle you ordered (see Clause 9 Distance Selling).
6.6 If you exercise your right to cancel an Order after Delivery of the Car pursuant to Clause 6.4, then:
- 6.6.1 you must inform Carter and Haines Ltd as soon as possible. If the Car is rejected on Delivery then you must also notify Delivery driver immediately and make a written note of this on the Delivery Acceptance Note;
- 6.6.2 you will at our option either return the Car to us at your expense or allow us to collect the Car from you. Returning the Car must be done by car transporter in order keep the Car mileage the same. If we elect to collect the Car from you we will be entitled to charge you an amount equal to its direct costs of recovery;
- 6.6.3 you must keep the Car in the same condition as it was Delivered until it is either returned or collected, and this means that you may not increase the mileage shown on the Car's odometer by more than 20 miles compared with the mileage at the time of Delivery;
- 6.6.4 you must when the Car is returned or collected provide to us the keys, V5 registration document and all other documentation and items supplied with the Car; and
- 6.6.5 you must compensate us for any Damage you have caused to the Car or any use you may have made of the car which has reduced its value.
- 6.6.6 we will refund all monies due to you as soon as possible (and in any event within fourteen days of the date of the Car being returned or collected) but we will be under no further liability whatsoever to you.
6.7 Should you wish us to make good any missing Specifications or Damage to the Car instead of choosing to cancel the Contract and receive a refund, then, provided you have noted such missing Specification or Damage on the Collection/Delivery Acceptance Note, and to the extent that it is reasonably practicable for us to do so, we shall use our best endeavours to do so within a reasonable period of time having consideration to the nature of the repairs required. If it is not reasonably practicable for us to make good any missing Specifications or Damage to the Car we shall offer you a full refund of the Price. This does not affect your statutory rights.
7 Part-Exchange Cars
7.1 Carter and Haines provide a part-exchange facility under which we may agree to accept your Part-Exchange Car in lieu of payment of the amount of the Part-Exchange Valuation subject to the satisfaction of each of the conditions set out below:
- 7.1.1 that the Part-Exchange Car is your own property and is either free from all encumbrances, or is subject only to one or more encumbrances capable of a cash settlement, in which case we will (after we have received your Part-Exchange Car and delivered the Car to you) apply an appropriate amount of the Part-Exchange Valuation to any appropriate third party to discharge any such encumbrances, and you accept that the amount of the Part-Exchange Valuation shall accordingly be reduced (and the amount of the Price payable by you in cleared funds correspondingly increased) by the amount required to discharge any such encumbrances;
- 7.1.2 should we require to do so, that we have been given reasonable opportunity to examine your Part-Exchange Car to confirm the appropriate level of the Part-Exchange Valuation and that such examination has taken place to our satisfaction;
- 7.1.3 that we receive your Part-Exchange Car from you in substantially the same condition as was specified by you in the information provided to us pursuant to which the Part-Exchange Valuation was calculated and that the statements and representations made by you in relation to your Part-Exchange Car (including all statements, assessments and representations submitted by you on the site) are accurate and complete in all respects;
- 7.1.4 that you have disclosed to us, prior to the Part Exchange Valuation, all facts that may materially affect the value of the Car; and
- 7.1.5 that your Part-Exchange Car is collected by us at the same time as or before Delivery of the Car is made to you, and that title in your Part-Exchange Car passes to us absolutely upon Collection.
- 7.1.6 that your Part-Exchange Car has a valid MOT and road tax and is in a condition suitable for use on the public highway, unless formally agreed by us, at the time of collection by us.
- 7.1.7 that all vehicle documentation, V5C registration certificate, valid MOT certificate, service history and standard equipment (ie parcel shelf, spare wheel) relating to your Part-Exchange Car, unless formally agreed by us, is made available at the time of collection by us.
7.2 If any of the conditions set out above are not satisfied we will be discharged from any obligation to purchase your Part-Exchange Car or to confirm the Part-Exchange Valuation, in which circumstances we will have the choice to decide whether:
i. you will be bound to pay the Price in full in accordance with these conditions without the Part-Exchange Car, (unless you are legitimately cancelling the Contract in accordance with Clause 6.4); or
ii. we will accept the Part-Exchange Car and make an appropriate deduction in the Part-Exchange Valuation (by recalculating the value of your Part-Exchange Car where appropriate) to fairly and adequately compensate us for any inconvenience, losses, expenses or charges we incur, and you will then be bound to pay the Price in accordance with these conditions utilising the Part-Exchange Valuation as varied, (unless you are legitimately cancelling the Contract in accordance with Clause 6.4).
7.3 If for whatever reason:
i. you do not allow us to collect your Part-Exchange Car within a period of 60 days of the date of the Part-Exchange Valuation; or
ii. the total mileage of your Part-Exchange Car on Collection by us exceeds the estimated mileage used for the purposes of calculating the Part-Exchange Valuation; then we reserve the right to recalculate the value of your Part-Exchange Car to take account of the increased mileage and any other factors which may reduce the value of your Part-Exchange Car since the Part-Exchange Valuation was calculated, and you agree to be bound to pay the Price in accordance with these conditions utilising the recalculated value of your Part-Exchange Car in the Contract.
7.4 Where we have agreed the Part-Exchange Valuation of your Part-Exchange Car in accordance with these conditions, and you cancel the Contract after we have collected the Part-Exchange Car from you, we may (in our absolute discretion) either return the Part-Exchange Car to you or pay to you a sum of money equal to the amount of the Part-Exchange Valuation of the Part-Exchange Car.
8 Use of the Website
8.1 All material on the Website (the "Content") is the property of Carter and Haines Ltd. You may not reproduce part or all of the Content of the Website in any form unless it is for personal, non-commercial use. You may not copy or otherwise incorporate into or store in any other Website, electronic retrieval system, publication or other work any of the content of the Website in any form (whether hard copy, electronic or other). You may not frame or link to the Website or any part of it without our permission (although we will generally be happy with a link that promotes the Website). You may not use the Website for any illegal or unlawful purpose.
8.2 In particular, but without limiting the generality of the above, you may not do any of the following without prior written permission from Carter and Haines Ltd:
- 8.2.1 redistribute any of the content (including by using it as part of any library, archive or similar service);
- 8.2.2 remove the copyright or trademark notice from any copies of content made under these terms; or
- 8.2.3 create a database in electronic or structured manual form by systematically downloading and storing all or any of the content.
Requests to republish or redistribute content should be addressed to: Content Manager, Carter and Haines Ltd, Suite 31 Llay Business Centre, Rackery Lane, Llay, LL12 0PB.
8.3 You acknowledge that "Carter and Haines", carterandhaines.co.uk, "C&H" and the "C&H" and "Carter and Haines" logo are trademarks of Carter and Haines Ltd and that you may not use them without written permission from Carter and Haines Ltd.
8.4 You may use the Website to purchase products or services from Carter and Haines's third party partners. In that event, your Contract for such products will be with the third party partner and will be subject to that third party's terms and conditions. Carter and Haines cannot be responsible for any aspect of the relationship between you and the third party partner, in particular anyone advertising used cars through the Website. Parts of the Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website complies with all legal and regulatory requirements. Carter and Haines will not be responsible for any error or inaccuracy in advertising material.
8.5 Carter and Haines makes every effort to ensure that the content on the Website is accurate and will endeavour to make the Website available at all times but we neither assume responsibility for, nor accept any liability in relation to, any technical inaccuracies or typographical errors and omissions on the Site and do not guarantee that the Website and the content will operate without interruption. Carter and Haines Ltd excludes any liability for any errors and omissions on the Website or any loss caused by the use of or inability to use this site.
8.6 Other than those contained in these Terms and Conditions, and your statutory rights, Carter and Haines Ltd does not give any warranties in respect of the Website or content or the products or services available through the Website and makes no representations as to the fitness for a particular purpose of any products or services available on the site. Carter and Haines does not accept liability for any consequential or incidental damages (including but not limited to lost profits, loss of privacy) or for any other indirect, special, or punitive damages whatsoever that arise out of or are related to the use of the Website or the purchase or use of any products or services from the site.
8.7 All photos, drawings, textual descriptions, specifications and advertising appearing on the Website are issued or published for the sole purpose of giving an approximate idea of the cars described in them. The Car models pictured and described on the Website are illustrative of the model generally, and may include optional extras, and should not be taken as representing the exact Car you may choose. As indicated below, should you decide to purchase a Car, you should review the exact Specifications contained on the Order, as these will form the precise description of the Car you are purchasing.
8.8 Carter and Haines Ltd may wish to change these Conditions (including those relating to your use of the content) at any time and without notice to you. By using the Website following any changes to the terms, you agree to be bound by those changes.
8.9 The display of vehicles on the Website and/or any quotation given by us to you on the Website in respect of any Car shall not constitute an offer by us to sell or supply any Car and prior to the signature by you of the Order we reserve the absolute discretion to refuse to accept any Order from you, or to refuse to sell or supply any Car to you, without the need to provide any reason therefore.
9 Distance Sales
9.1 If you are contracting with us as a Consumer online or by phone and did not visit our place of business at any point during the transaction process, or your contract with us is concluded or substantially negotiated at your home or somewhere other than our place of business, you have the right to cancel (under the Consumer Contracts Regulations 2013), all or part of your contract at any time up to 14 calendar days after the day on which you receive the vehicle you ordered.
9.2 If you wish to exercise your right of cancellation under this Distance Sales clause, you are obliged to retain possession of the vehicle and take reasonable care of it until collection/return to us. We will not be obliged to refund the purchase price of any Vehicles damaged by you, but may at our election offer to refund the purchase price subject to a deduction for the damage sustained.
9.3 You can cancel by emailing:, or call 01244 570814, or write to: Customer Care, Carter and Haines, Suite 31 Llay Business Centre, Rackery Lane, Llay, LL12 0PB. You must inform us of your decision to cancel your contract by a clear statement, including details of your name, geographical address, details of the order you wish to cancel and, where available, your phone number and email address. If the vehicle has been funded by a finance provider, you should ensure that you also give notice to that third party funder to cancel the finance arrangements.
9.4 If you decide to cancel in accordance with this Distance Sales clause, you should return the vehicle to us at one of our places of business at your own cost within 14 days of such cancellation and we will reimburse to you (by the method used to pay for the original transaction) the amount in relation to the vehicle to which cancellation rights apply. Alternatively, if you wish us to collect the vehicle, we will do so subject to payment of an agreed collection fee. We will reimburse delivery charges made (if any).
9.5 We may make a deduction from the reimbursement for loss in value of any vehicles supplied, based on any additional mileage on the vehicle after receipt. We will make the reimbursement no later than 14 days after the day we receive back from you any vehicles supplied. Refunds will be made by cheque or direct bank transfer to the same account as the purchase price was paid from. Refunds will not be paid in cash. If you direct us to settle your finance (if applicable) on the vehicle, we will refund the required sum (providing the refund is sufficient for this purpose) and return to you any surplus funds.
9.6 If you exercise your right to cancel the vehicle within the 14 day period, and have sold a used vehicle to us as part exchange for the vehicle, we may at our discretion either refund the sum attributed to the part exchange vehicle at the time the agreement was entered into, or return the part exchange vehicle to you, if it remains available. Where the part exchange vehicle has been subject to repairs by us, you will be required to pay to us the cost of the repairs if you wish to retain the part exchange vehicle.
9.7 If you have sold us a used vehicle as part exchange on an acquisition made online or by phone and the part exchange vehicle upon delivery or collection is not as described we may either revalue the vehicle and proceed with the sale based upon the revised valuation, or refund any deposit paid less any reasonable costs we have incurred. If the vehicle you are purchasing is not as described we will give you back your deposit plus any costs you have incurred.
10 Limitation of Our Liability
10.1 Our entire financial liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract to you in respect of:
i. any breach of these Terms and Conditions;
ii. any use made by you of or resale by you of a Car; and
iii. any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract, shall be limited to the Price, and we shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of a Car (even if caused by our negligence), nor shall any delay entitle you to terminate or rescind the Contract unless such delay exceeds 180 days.
10.2 Nothing in these conditions excludes or limits the liability of the Company:
i. for death or personal injury caused by the Company's negligence; or
ii. under section 2(3), Consumer Protection Act 1987; or
iii. for any matter which it would be illegal for the Company to exclude or attempt to exclude its liability; or
iv. for fraud or fraudulent misrepresentation.
10.3 We may on occasion offer you certain products and services from our Suppliers in connection with the Car you are purchasing; for example, free motor insurance. Please note that in these instances we will put you in touch with the Supplier and any contract made for the provision of these products or services shall be between yourself and the third party Supplier and not between yourself and Carter and Haines Ltd. We may for our and your convenience refer to the product or service on the Order but this shall not form a term of the Contract and we shall not under any circumstances be responsible for the ongoing provision of that product or service.
11 Amendments to these Conditions
These conditions apply to all the Company's sales and any variation to these conditions and any representations about the Goods shall have no effect unless expressly agreed in writing and signed by a representative of Carter and Haines Ltd. You acknowledge that you have not relied on any statement, promise or representation made or given by us or on our behalf which is not set out in the Contract. Nothing in this condition shall exclude or limit the Company's liability for fraudulent misrepresentation. For the avoidance of doubt, any finance agreement or agreement for the purchase of a used Car you may enter into will be separate agreements made between you and a third party.
12 Contacting Us
Any notice under the Contract (including any amendment to the Order) may be given by first class post, fax or electronic mail to the address, fax number or electronic mail address last notified by the recipient.
13 Assigning the Contract
13.1 We may at any time without prior notice to you cause all or any part of our rights, benefits and/or obligations under the Contract to be transferred to any associated or successor company (including by way of a transfer of assets or shares) or to any company to which we transfer all or a significant part of our assets by delivering to you a written substitution notice.
13.2 This Contract is personal to you and you may not transfer it without our prior written approval. Such approval will not be withheld without good reason.
If you have any complaint about our performance, please contact our customer services department by writing to Complaints, Carter and Haines, Suite 31 Llay Business Centre, Rackery Lane, Llay, LL12 0PB or by using the contact form.
15 Governing Law and Jurisdiction
This Services Agreement is governed by English law. If a dispute arises from this Agreement which cannot be resolved, then you and we hereby submit to the non-exclusive jurisdiction of the English Court, provided that you must bring court proceedings within the United Kingdom.
16 Statutory Rights
As a Consumer, you have certain statutory rights regarding the rejection of defective services and claims in respect of losses caused by our negligence or failure to meet our obligations. The terms of the Contract shall not affect your statutory rights.
17 Third Party Rights
A person who is not a party to these Conditions shall acquire no rights under it by virtue of the Contracts (Rights of Third Parties) Act 1999.
The terms used in these Terms and Conditions have the following meanings:
"Business Customer" means a Buyer or Seller who is not a Consumer;
"Car" means a vehicle that you may wish to purchase from us;
"Clause" means a reference to a clause of these Terms and Conditions;
"Collection" means the collection by you of a Car or by us of your Part-Exchange Car from you;
"Conditions" mean these Terms and Conditions;
"Consumer" means a Buyer who is a consumer within the meaning of the Consumer Rights Act 2015;
"Contract" means these terms and conditions together with the Order and Order Confirmation to the exclusion of all other terms and conditions (including any terms or conditions which you may purport to apply under any purchase order, confirmation of order, specification or other document). When you accept the Order Confirmation you will also be agreeing to these Terms and Conditions;
"Damage" means damage to a Car going beyond reasonable wear and tear;
"Delivery" means Direct Delivery of the Car (unless otherwise stated) on or around the Estimated Delivery Date;
"Delivery Acceptance Note" means the note that will be provided to you by the Delivery driver to confirm receipt and acceptance of the Car.
"Delivery Arrangement" means written notice from you (to include email) of a preferred Delivery time and date, such time and date to have been agreed with and accepted by us.
"Deposit" means the deposit on a Car (amount stated in the Order) to be paid by you at the same time, or before, you send us a signed Order;
"Direct Delivery" means delivery by a driver to the address you have specified;
"Estimated Delivery Date" means the date which we expect Delivery to take place as indicated on the Order Form;
"Force Majeure" means circumstances beyond our reasonable control including, without limitation, acts of god, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, the insolvency of any of our suppliers, strikes or other labour disputes or restraints or delays affecting manufacturers or inability or delay in obtaining supplies of adequate or suitable cars, provided that, if the event in question continues for a continuous period in excess of 180 days, you shall be entitled to give notice in writing to us to terminate the Contract;
"Order" means the order of a Car by you from us pursuant to a Contract which will include the Price, Specifications, Estimated Delivery Date (if available), delivery charges (if applicable) and other details specific to your purchase;;
"Order Confirmation" means the written confirmation of an Order which will be sent to you by us after we accept your Order;
"Part-Exchange Valuation" means the amount assessed by us as being the value of your Part-Exchange Car;
"Part-Exchange Car" means the Car (if any) offered by you to us in part exchange for the Car, written details of which you have provided to us in the Order;
"Price" means the total price payable by you for the Car and any agreed Delivery option (including the cost of any accessories, extended warranties, road fund licence, Value Added Tax applicable at the date of the Order) as stated in the Order;
"Specifications" means the details of the Car you are to purchase from us as set out in the Order;
"Terms and Conditions" means these Terms and Conditions;
"Transported Delivery" means delivery of the Car in a lorry or other transportation vehicle rather than Direct Delivery;
"Website" refers to www.carterandhaines.co.uk and to all web pages (including all components developed and produced for the Website including the updates, format, art direction, look and feel and other content) from time to time situated at that web address;
"Seller", "we", "our", "Carter and Haines" and "us" means Carter and Haines Ltd, whose office is Suite 31 Llay Business Centre, Rackery Lane, Llay, LL12 0PB; and,
"Buyer", "you" and "your" means you, our Customer.