Terms & Conditions
Terms & Conditions
Terms & Conditions
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Sales Terms and Conditions
1. Definitions
To ensure clarity, the following terms used in these Sales Terms and Conditions have specific meanings:
"The Dealer": Refers to Sandicliffe Ltd.
"The Customer": The individual or entity named on the order form who is contracting for goods and services from the Dealer.
"Consumer": A Customer who is an individual acting wholly or mainly outside their trade, business, craft, or profession for the purpose of the purchase.
"Goods": Includes all vehicles and other items sold by the Dealer to the Customer.
"Vehicle": Encompasses any car, lorry, van, trailer, caravan, invalid carriage, motor cycle, and all accessories and components thereof.
2. Whole Contract
These terms represent the entire contract between the Dealer and the Customer. Any variations must be agreed upon in writing by both parties.
3. Interpretation
Unless the context requires otherwise, the singular shall include the plural, and the male gender shall include the female or business entity.
4. Enforceability
If any of these terms and conditions are declared unenforceable, the remaining terms and conditions will remain in full force and effect.
5. Written Confirmation
All orders and any vehicle trade-in allowances are subject to acceptance and written confirmation by the Dealer.
6. Delivery and Timelines
Time is not of the essence unless specifically agreed upon in writing.
If a delivery date is provided, it is an estimate only and depends on the Goods being supplied to the Dealer by the Supplier/Manufacturer. The Dealer will make every effort to meet the estimated delivery date but does not guarantee it.
The Dealer is not obligated to fulfil orders in the sequence they are placed.
Part exchange values are based on information provided at the time of order and are subject to mileage, condition, and market value fluctuations. This value is guaranteed for 45 days and/or 2,000 miles from the order date. If the purchase is completed outside this period, or if significant damage occurs between the order and completion, the value will be recalculated and may increase or decrease.
If the Dealer fails to deliver the Goods within 21 days of the estimated delivery date, the Customer may provide written notice requiring delivery within 14 days of receipt of such notice. If the Goods are not delivered within that 14-day period, the contract will be cancelled.
7. New Goods
This Agreement and the delivery of new Goods are subject to any terms and conditions lawfully attached by the Supplier/Manufacturer. The Dealer is not liable for delivery failures caused by an inability to obtain Goods from the Supplier/Manufacturer or by compliance with their terms. Supplier/Manufacturer terms are available for inspection at the Dealer's office.
The Dealer will ensure pre-delivery work specified by the Supplier/Manufacturer is performed and will endeavour to secure the benefit of any warranty or guarantee for the Customer. Unless the Customer is a Consumer, all statements, conditions, or warranties, express or implied, are expressly excluded.
Any figures provided for Car Tax or Value Added Tax (VAT) are for guidance only. The Customer will be liable for the sum the Dealer is legally bound to pay for these taxes.
If the Supplier/Manufacturer's recommended price or specification for the Goods changes before delivery:
If the recommended price increases, the Dealer will notify the Customer of the increase they intend to pass on. The Customer has 14 days from receipt of this notice to cancel the contract. If no cancellation notice is given, the increased price will become part of the contract.
If the recommended price decreases, the Dealer will notify the Customer of any reduction they intend to allow. If the allowed amount is not the same as the reduction, the Customer has 14 days from receipt of this notice to cancel the contract.
If the Supplier/Manufacturer ceases to make the type of Goods ordered, the Dealer may cancel the contract due to frustration by giving written notice to the Customer.
Except for Consumer sales, all statements, conditions, or warranties regarding the quality or fitness for purpose of the Goods, whether express or implied, are expressly excluded.
8. Used Goods
If the Goods supplied by the Dealer are used, the vehicle is supplied as roadworthy at the date of delivery. For Consumer sales (as defined by the Consumer Rights Act 2015):
The sale is subject to any conditions or warranties implied by the Consumer Rights Act 2015 or any amending statutes.
The Customer must examine the Vehicle and items listed in the Customer's Certificate of Examination before signing the order form. The conditions of satisfactory quality and fitness for purpose implied by the Consumer Rights Act 2015 do not apply to defects that the examination ought to reveal, or to defects notified by the Seller to the Customer before signing the agreement.
Except for Consumer sales, all statements, conditions, or warranties regarding the quality or fitness for purpose of the Goods, whether express or implied, are expressly excluded.
9. Variation
Any agreed variation between the Dealer and the Customer regarding the Goods to be supplied will be considered an amendment to this Contract, not a new contract.
10. Delivery and Payment
The Customer must pay for the Goods immediately upon notification from the Dealer that they are available for delivery.
The Dealer may, at its discretion, request a deposit when the order is placed and is not obligated to proceed with the order until the deposit is paid in full.
11. Place of Delivery
Unless otherwise agreed in writing, delivery of the Goods will take place at the Dealer's premises.
Free delivery is available for distances up to 50 miles from the dealership. Additional charges for greater distances may apply but will be agreed upon before order confirmation.
In the event of cancellation for any reason, the Customer agrees to return the Goods to the Dealer's premises.
12. Repudiation by Customer
If the Customer fails to pay for and take delivery of the Goods within 14 days of notification that they are available, the Dealer may treat the contract as cancelled.
If this occurs, or if the Customer cancels the contract for any other reason not permitted by this contract, the Dealer will sell the vehicle to another Consumer.
The Dealer will refund any deposits made by the Customer, but is entitled to recover from the deposit the additional costs incurred in reselling the Goods plus any reduction in the sales price achieved.
The Dealer will retain the deposit while the Goods are being displayed and advertised for sale. If the Goods are not sold within a reasonable time, they will be sold at auction.
Once the Goods are sold, the Customer will be notified within 7 days of any loss incurred from the resale. If this amount is less than the deposit, the balance will be refunded. If the claimable amount is more than the deposit, a statement will be provided showing the amount owed to cover the loss. Copies of receipts will be provided upon request.
The Dealer reserves the right to charge a reasonable daily storage fee for the Goods.
13. Loss or Damage
The Dealer is only responsible for loss of or damage to any vehicle or its contents if caused by the negligence of the Dealer or its employees. Customers are strongly advised to remove any items of value not related to the Goods.
14. Return of Deposit
If the contract is cancelled under specific provisions (as detailed in the original clauses 6 or 7), the deposit will be returned to the Customer, and the Dealer will have no further liability.
15. Retention of Title and Risk
Risk of damage or loss to the Goods transfers to the Customer as soon as they are delivered into the Customer's or their nominated representative's physical possession.
Goods remain the sole and absolute property of the Dealer until the Customer has paid the full price, along with any storage charges and interest due. Until full payment, the Customer acknowledges they possess the goods solely as an agent of the Dealer.
Until the Customer becomes the owner, they must store the Goods separately from their own goods or those of others, ensuring they are readily identifiable as the Dealer's goods.
The Customer's right to possession ceases if they become bankrupt (if an individual) or if they do anything that would entitle a Receiver to take possession of assets or a petition for winding-up (if a company).
If the Customer's right of possession ceases, they must notify the Dealer and immediately make the goods available for collection. The Dealer may enter any premises where the Goods are stored or reasonably thought to be stored to repossess them.
The Customer may sell on the Goods, or any product produced from them, on the express condition that such sale occurs as an agent for the Dealer. The entire proceeds must be held in trust for the Dealer, not mingled with other monies or paid into any overdrawn bank account, and must always be identifiable as the Dealer's monies.
16. Right of Lien
The Dealer has a general lien on any property of the Customer in its possession for all monies owed to the Dealer by the Customer, on any account whatsoever.
17. Part Exchange
Where the Dealer agrees to accept a used Vehicle as part payment for the Goods, the following conditions apply:
The Dealer accepts the used vehicle based on the Customer's warranties, including but not limited to its age, mileage, and condition.
The used Vehicle must be the absolute property of the Customer and free from all encumbrances.
Alternatively, if the used vehicle is subject to a hire purchase or other encumbrance capable of cash settlement by the Dealer, the allowance will be reduced by the amount required for settlement.
If the Dealer examined the used vehicle before confirming the order, it must be delivered to them in the same condition as at the date of examination (fair wear and tear excepted).
The used Vehicle must be delivered to the Dealer on or before delivery of the Goods being supplied by the Dealer, at which point ownership will pass to the Dealer.
Without prejudice to the above, the used vehicle must be delivered to the Dealer within 14 days of notification that the Goods to be supplied by the Dealer are available for delivery.
If the Goods to be delivered by the Dealer are not delivered to the Customer within 30 days after the order date (or estimated delivery date if later) due to no fault of the Dealer, the part exchange allowance may be reduced by up to 2.5% for each completed 30-day period from the expiry of the initial 30 days until the delivery date of the Goods.
If any of these conditions are not met (excluding the delivery timeline noted above), the Dealer is discharged from any obligation to accept the used Vehicle or make an allowance, and the Customer must pay the full price of the Goods in cash.
The Customer is wholly responsible for removing any personal data from any Used Vehicle sold to or part-exchanged with the Dealer, including data from in-vehicle navigation systems and previously connected mobile devices.
18. Authority to Contract
Goods supplied based on an order from any person in the Customer's employment, any person reasonably believed by the Dealer to be the Customer's agent, or any person to whom the Dealer is entitled to make delivery, shall be paid for by the Customer.
19. Authority to Uplift
If a person, who as far as the Dealer is aware, has authority to uplift Goods or Vehicles, does so, the Dealer will have no liability to the Customer for any resulting loss or damage. The Dealer is not obligated to confirm the authority of any person reasonably believed to be an agent or connected with the Customer.
20. Authority to Drive
In connection with the supply of a Vehicle, or an inspection, testing, or estimate preparation, the Dealer is entitled to drive the vehicle on the road or elsewhere as deemed necessary. This also applies to any Vehicle offered by the Customer in part-exchange.
21. Finance
The Customer may, within 7 days of notification that the Goods are ready for delivery, arrange for a finance company to purchase the Goods from the Dealer at the agreed price.
Upon purchase by a finance company, previous clauses of this agreement (except specific ones related to Customer repudiation) will cease to have effect. However, any used Vehicle agreed for part exchange will be bought by the Dealer at the agreed allowance, subject to the conditions outlined in the "Part Exchange" section (with "delivery" or "delivered" referring to delivery by the Dealer to the finance company).
The Dealer will be accountable to the finance company on behalf of the Customer for the said price and any deposit paid by the Customer.
22. Notices
All written notices sent by the Dealer to the Customer will take effect 24 hours after being dispatched by normal post to the Customer's address shown on the order form.
23. Export Outside United Kingdom
The Dealer reserves the right to cancel this order if it believes:
The Customer intends to resell the Goods outside the United Kingdom (Contract Territory) for commercial gain within 12 months.
Where the Customer is a corporation, its place of business is not within the United Kingdom.
Where the Customer is a finance company, and either the Goods are not being purchased on behalf of an end user, or the end user is not resident nor has its place of business within the United Kingdom.
The Customer will indemnify and keep the Dealer indemnified from all liability and direct losses (including but not limited to service commission paid to the manufacturer and debit back of profit margin from the manufacturer), damages, costs, or expenses incurred by the Dealer as a result of the Customer exporting or selling (directly or indirectly through any third party) the Goods outside the United Kingdom.
24. Distance Selling
This section applies only if the Customer has acted as a Consumer, and the Agreement was completed away from the Dealer’s business premises and/or without any face-to-face contact.
The Customer may give notice to cancel this Agreement within 14 days without giving any reason.
This cancellation period expires 14 days after the day the Customer, or a third party acting on their behalf, takes delivery or otherwise acquires physical possession of the Goods. For a new vehicle, this is extended if the vehicle has been driven more than 20 miles; for a previously owned vehicle, if driven more than 100 miles.
To exercise this right, the Customer must inform the Dealer of their decision to cancel in writing by a clear statement (e.g., letter, fax, or email) to the Dealer’s address.
To meet the cancellation deadline, the communication confirming cancellation must be sent before the 14-day period has expired.
If the Customer cancels this Agreement, the Dealer will reimburse all payments received from the Customer without undue delay, and not later than:
14 days after the day the Dealer receives the Goods back; or
(If earlier) 14 days after the day the Customer provides evidence that the Goods have been returned; or
If no Goods were supplied, 14 days after the day the Dealer was informed of the Customer’s decision to cancel.
The Dealer will use the same payment method for reimbursement unless expressly agreed otherwise. The Customer will not incur any fees as a result of the reimbursement.
The Dealer may withhold reimbursement until the Goods are received back or evidence of return is provided, whichever is earliest.
The Customer must send or deliver the Goods back to the Dealer's address without undue delay and no later than 14 days after communicating the cancellation. This deadline is met if the Goods are sent back before the 14-day period expires.
The Customer is responsible for the cost of returning the Goods.
The Customer must take reasonable care of the Goods while in their possession. The Customer is responsible for any loss or damage from delivery to return.
The Customer is liable for any diminished value of the Goods resulting from handling other than what is necessary to establish their nature, characteristics, and functioning.
25. Storage Charges
The Dealer reserves the right to make a reasonable daily charge for the storage of the Customer's vehicle or vehicles.
26. Loyalty Package
The Loyalty Package includes a £300 Finance Deposit Allowance when the vehicle is purchased on PCP at a representative APR of 13.9% with a minimum balance of £10,000. There is no cash or other benefit alternative if the Customer chooses not to use the finance offer or cannot obtain credit.
A £200 Store Credit is given if the Customer takes advantage of the loyalty package and purchases a vehicle with a part exchange, regardless of the funding method. This credit can be used to offset additional costs such as value-added products (e.g., Diamondbrite or warranty), parts, or service.
The Free Service offer covers an essential service up to the value of £200. Any additional costs for performance oils, filter changes, or spark plugs will be at the Customer's expense. The service must be carried out at Sandicliffe and cannot be transferred elsewhere.
27. Dispute Resolution and Jurisdiction
In the event of a complaint or dispute, the Dealer’s complaints handling procedure can be found on our website at: https://www.sandicliffe.co.uk/complaints-policy.
If the Customer remains unsatisfied after the Dealer's procedure, The Motor Ombudsman offers free impartial advice and, if appropriate, a CTSI certified Alternative Dispute Resolution (ADR) service. For more information, visit https://www.themotorombudsman.org or call their Consumer Advice Line: 0345 241 3008.
For complaints relating to Financial Services, the Customer can contact the Financial Ombudsman Service. This service is free to use. Their consumer helpline is 0300 123 9123, website: www.financial-ombudsman.org.uk, email: complaint.info@financial-ombudsman.org.uk, or write to: Financial Ombudsman Service, Exchange Tower, London E14 9SR.
Where any dispute cannot be resolved through ADR, this 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.
CONTACT US
To contact us, please email sales@sandicliffe.co.uk
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Hand-over Requirements
At the time of making the Contract, we will expect you to provide us with:
All copies of the Car's keys you have;
The Car's registration document (together with appropriate proof of purchase if requested by us);
The Car's service history (if any);
The Car's MOT certificate (if any);
The Car's user manuals (if any); and
Any accessories there may be such as a locking wheel nut, radio fascia or remote controls.
We will also expect you to remove any personal possessions from the Car once the Contract has been concluded. We will not be responsible for any personal items lost once the Car is in our possession.
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 Car with immediate effect, to rescind or terminate any Contract with immediate effect, and/or to indicate a revised Price at which we will be prepared to purchase the Car. If we elect to rescind the Contract, we will return the Car to you, and you will refund the Price to us.
We Want Your Car
If you are looking to sell your car quickly and for cash, we can help. We specialise in buying cars of all makes and models, and we make the selling process as easy as possible. Simply fill out our online form with information about your car, and we'll provide you with a free quote, or visit one of our dealerships and talk with a sales advisor who can provide more information.
Sandicliffe is committed to beating any genuine written quotation presented by the customer. Visit us today to find out how much your car is worth.