CONDITIONS OF SALE
This page (together with the documents referred to in it) tells you the terms and conditions on which we supply a vehicle (Vehicle) through our website alphabet.co.uk (our site) to you, or through direct contact with our vehicle sale partners. To protect your own interests, please read these terms and conditions carefully before registering on our site. You should understand that if you purchase a Vehicle, you agree to be bound by these terms and conditions.
INFORMATION ABOUT US
Alphabet (GB) Limited incorporated under the laws of England with company number 3282075 whose registered office is at Europa House, Bartley Way, Hook, Hampshire RG27 9UF VAT Number GB 584451913
Our site is only intended for use by people resident in the United Kingdom.
By submitting a Request for Formal Quote either through our site or by calling the number on your end of contract letter, you warrant that:
(a) You are legally capable of entering into binding contracts; and
(b) You are at least 18 years old; and
(c) You hold a full UK driving licence, and
(d) You are resident in the United Kingdom, and
(e) You are accessing our site from the United Kingdom, and.
(f) That the Vehicle’s stated mileage on the Request for Formal Quote pr provided to us in conversation is accurate.
g) That by requesting a formal quotation you are granting consent to Alphabet (GB) Limited (as applicable) to pass your details to third parties used in relation to the purchase price and sale of the vehicle
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US?
3.1 After submitting the Request for Formal Quote for a Vehicle, you will receive an e-mail from us acknowledging that we have received your request. Where you request a quotation via phone you will receive written confirmation of your request. We or a third party acting on our behalf will then send you a letter explaining the actions you need to take, a Vehicle Purchase Document and a Fleet Manager Consent Form (if appropriate). Your signature on the Vehicle Purchase Document constitutes an offer to us to buy the Vehicle. This offer is subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail. The contract between us (Contract) will only be formed when we receive the signed Vehicle Purchase Document, the Fleet Manager Consent Form (if applicable) and payment in cleared funds. The Contract will relate only to the Vehicle, the details of which we have confirmed during the Vehicle Purchase process. Unless you advise us to the contrary when you accept this offer we will to assume that the vehicle is in an acceptable condition, inside and out, commensurate with age and mileage, at the date of your acceptance.
3.2 Purchasing the Vehicle leased by your employer.
If the employer’s Fleet Manager consents, we may offer employee drivers the opportunity to purchase the Vehicle they have been driving for their employer when the lease to their employer ends.(“Employee Driver Purchase”).
Such purchase will be in your personal capacity and may be on outright purchase or on finance terms, as set out below.
For purchases which are Employee Driver Purchases the following specific terms will apply:
i) the Employee Driver is deemed to be aware that the Vehicle has previously been used for business use; and
ii) unless the Vehicle was new when provided to the Employee Driver purchaser and has been driven only by the Employee Driver, the Vehicle may have been driven by multiple drivers (this can be checked with your Fleet Manager); and
iii) the Vehicle mileage is as provided by the Employee Driver and verified by the Fleet Manager from the Milometer reading of the Vehicle; and
iv) the Vehicle’s service history is as recorded in the Vehicle’s log book by Alphabet or the Fleet Manager; and
v) as the Vehicle has been regularly serviced and is in current use by the Employee Driver it is deemed to be in a roadworthy condition.
vi) The Employee Driver warrants that Vehicle has either had an MOT which is not more than 30 days old;
vii) or the Vehicle’s condition has been checked by the Employee Driver purchaser or an independent agent acting on behalf of the Employee Driver and all items listed below :
1. All Seatbelts, doors, lights, locks, horn, windscreen wipers and washers work properly;
2. No mirrors are cracked; and
3. All Tyres, including the spare wheel, meet the current UK minimum tread requirements of 1.6 mm in a continuous band throughout the central ¾ of the stride width Exhaust system; and
4. Brakes are working and no break fault light appears on the dashboard when driving; and
5. There is no damage to wheels and the Vehicle’s spare wheel is present in the Vehicle; and
6. No change has been made to the Vehicle number plates since provided; and
7. The windscreen has no chips or cracks; and
8. Steering and suspension; there are no warning lights in relation to faults with either and no visible signs that they are in any way defective.
The Employee Driver is advised to contact Alphabet Driver Sales Team on [Telephone number 01625 417981] if in any doubt and to have a pre-vehicle safety check from a recognised body such as the AA before purchasing the Vehicle.
3.1 Where an additional request for finance on the vehicle has been made by you, to our sister company Alphera Financial Services*, all relevant documents relating to the proposal and acceptance of finance (in addition to the above vehicle purchase documentation listed in 3.1) must also be satisfied by all parties before the vehicle sale can take place. Your finance agreement will start the day after the invoice date from Alphabet (GB) Limited.
4. CONSUMER RIGHTS
Outright Vehicle Purchase
4.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Vehicle or, if the Vehicle is already in your possession, seven days after we confirm that we have received payment in cleared funds. In this case, you will receive a full refund of the price paid for the Vehicle in accordance with our refunds policy (set out in clause 8).
Purchase on Finance Terms
4.2 If you elect to purchase the Vehicle on finance terms you will have a short period (14 days) from the date the Finance Agreement is entered into to withdraw from the Finance Agreement.
Cancellation of contract- Outright Purchase
4.3 To cancel a Contract, you must inform us in writing. You must also return the Vehicle to us immediately, in the same condition in which you received it, and at your own cost and risk. If you fail to return the Vehicle to us as soon as reasonably practicable (but in any event within three days of the date of cancellation) we shall deduct from your refund our costs of recovering the Vehicle.
Cancellation of Contract-Purchase on Finance Terms
4.4If you exercise the right to withdraw from a contract on Finance Terms you will then have 30 days to pay the vehicle cash purchase price plus interest for the days between the start of the Finance Agreement and withdrawal in order to keep the Vehicle. IF THIS SUM IS NOT PAID THEN THE VEHICLE WILL BE RECOVERED BY US AND SOLD TO A THIRD PARTY.
4.5 You have a legal obligation to take reasonable care of the Vehicle
while it is in your possession, including keeping the Vehicle insured under a
fully comprehensive policy. If you fail to comply with this obligation, we may
have a right of action against you for compensation.
4.4 The cancellation rights in this clause are in addition to your statutory rights.
5. AVAILABILITY AND DELIVERY
5.1 If a
delivery date is not specified, unless the Vehicle is already in your
possession under the agreement we have with your company/employer, then within
a reasonable time of the date of the Contract, we will notify you of the
address from which you will be able to take delivery of the Vehicle, unless
there are exceptional circumstances which prevent us doing so.
5.2 We will not arrange for either a safety check of the Vehicle or for cleaning of the Vehicle.
6. RISK AND
6.1 The Vehicle
will be at your risk from the time of delivery, or, if already in your
possession, from the date the Contract is formed.
6.2 Ownership of the Vehicle will only pass to you when we receive full payment of all sums due in respect of the Vehicle, including full and final payment of any finance agreement with our sister company Alphera financial services*.
7. PRICE AND
7.1 The price
will be the amount stated on the Vehicle Purchase Document.
Where finance on the vehicle is taken by you, through our sister company Alphera Financial Services, monthly finance figures will be
calculated separately and relevant documentation sent to you for signing.
The applied cash
price used to drive the finance quotation will be the same as the vehicle
purchase document or confirmation email sent to you.
7.2 Our site contains a large number of Vehicles and it is always possible that, despite our best efforts, some of the Vehicles listed on our site may be incorrectly priced. We will verify the price as part of the Request for Formal Quote process. We are under no obligation to provide the Vehicle to you at the incorrect (lower) price, even after we have sent you a Vehicle Purchase Document, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
7.3 Payment for a Vehicle must be by electronic transfer, or if the Vehicle is taken on finance terms via a regular monthly direct debit in accordance with your finance agreement.
8. OUR REFUNDS
8.1 When you
return a Vehicle to us:
(a) because in the case of an outright purchase agreement you have cancelled the Contract between us within the seven-day cooling-off period under clause 4.1, we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Vehicle in full. However, you will be responsible for the cost of returning the Vehicle to us
(b) for any other reason (for instance because you claim that the Vehicle is defective for reasons outside of your control), we will examine the returned Vehicle and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Vehicle. A Vehicle returned by you because of a defect will be refunded in full, including a refund of the cost incurred by you in returning the Vehicle to us.
8.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
9.1 We warrant to you that any vehicle purchased from us through this site has been leased by Alphabet (GB) Limited maintained in line with the original contract between the lessee and lessor. You are buying the vehicle in the condition in which you have been driving it via your employer; unless you advise us to the contrary when you accept this offer we will have to assume that the vehicle is in an acceptable condition, inside and out, commensurate with age and mileage, at the date of your acceptance. This does not affect your statutory rights as a consumer.
Please be aware that any insurance included in your Alphabet contract or arranged by your company will cease from the date we receive the funds for purchase. Please ensure that you have arranged you own insurance from this date and notified your Fleet Manager that insurable interest has now transferred to you.
9.2 Our liability for losses you suffer as a result of us breaking this
agreement including deliberate breaches is strictly limited to the purchase
price of the Vehicle.
9.3 This does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987;
(c) For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
9.4 We are not responsible for indirect losses which happen as a side effect of the main loss, including but not limited to:
(a) loss of income or revenue
(b) loss of business
(c) loss of profits or contracts
(d) loss of anticipated savings
provided that this clause 9.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 9.1 or clause 9.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (d) inclusive of this clause 9.4.
9.5 Where you buy any vehicle warranty from a third party seller through our site, the seller's individual liability will be set out in the seller's terms and conditions.
Applicable laws require that some of the information or communications
we send to you should be in writing. When using our site, you accept that
communication with us will be mainly electronic. We will contact you by e-mail
or provide you with information by posting notices on our website. For
contractual purposes, you agree to this electronic means of communication and
you acknowledge that all contracts, notices, information and other
communications that we provide to you electronically comply with any legal
requirement that such communications be in writing. This condition does not affect
your statutory rights.
All notices given by you to us must be given to Driver Sales, BCA
Remarketing Solutions c/o Alphabet (GB) Limited, Suite F Pentland
House, Village Way, Wilmslow SK9 2GH or by e-mail to [email protected] If your contract is a Finance Agreement with Alphera Financial Services to
Sheffield, S97 3GJ. We may give notice to you at either the e-mail
or postal address you provide to us when submitting a Request for Formal Quote
or in any of the ways specified in clause 10. Notice will be deemed received
and properly served immediately when posted on our website, 24 hours after an
e-mail is sent, or three days after the date of posting of any letter. In
proving the service of any notice, it will be sufficient to prove, in the case
of a letter, that such letter was properly addressed, stamped and placed in the
post and, in the case of an e-mail that such e-mail was sent to the specified
e-mail address of the addressee.
12. TRANSFER OF RIGHTS AND OBLIGATIONS
contract between you and us is binding on you and us and on our respective
successors and assigns.
12.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
12.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
13. EVENTS OUTSIDE OUR CONTROL
13.1 We will not be liable or responsible for any failure to perform, or delay in performance or default due to any act of God war fire flood drought tempest or other event beyond our reasonable control (Force Majeure Event).
13.2 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
14.1 If we fail,
at any time during the term of a Contract, to insist upon strict performance of
any of your obligations under the Contract or any of these terms and
conditions, or if we fail to exercise any of the rights or remedies to which we
are entitled under the Contract, this shall not constitute a waiver of such
rights or remedies and shall not relieve you from compliance with such
14.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
If any of these
terms and Conditions or any provisions of a Contract are determined by any
competent authority to be invalid, unlawful or unenforceable to any extent,
such term, condition or provision will to that extent be severed from the
remaining terms, conditions and provisions which will continue to be valid to
the fullest extent permitted by law.
16.1 These terms
and conditions and any document expressly referred to in them represent the
entire agreement between us in relation to the subject matter of any Contract
and supersede any prior agreement, understanding or arrangement between us,
whether oral or in writing.
16.2 In the event of any conflict between these terms and conditions and any other document referred to in 16.1 these terms and conditions take precedence.
16.3 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
17. OUR RIGHT TO
VARY THESE TERMS AND CONDITIONS
17.1 We have the
right to revise and amend these terms and conditions from time to time to
reflect changes in market conditions affecting our business, changes in
technology, changes in payment methods, changes in relevant laws and regulatory
requirements and changes in our system's capabilities.
17.2 You will be subject to the policies and terms and conditions in force at the time that you proceed with the purchase of a Vehicle, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority, or if we notify you of the change to those policies or these terms and conditions when we send you the Vehicle Purchase Document (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Vehicle Purchase Document).
We will comply with the requirements of the Data Protection Act 1998 in respect of the personal data you provide to us in order that we can respond to a Request for Formal Quote and Vehicle Purchase Documents and where finance is required to conduct credit checks and other checks like identity, checks for fraud and money laundering. Such checks may involve disclosure of your personal data, including sensitive personal data, to third parties including credit reference agencies. Credit reference checks will result in a reference to the application for credit being placed on your credit file which may be shared by other credit reference agencies and their clients when you apply for credit. Your Personal Data may also be provided by us to third parties assisting us to deliver services to you or respond to your request and by our associated companies and suppliers who provide communications services to us. Some of these suppliers may be outside the EEA. We will ensure that our suppliers and associated companies are required to meet the same standards of protection.
We would like to be able to communicate with you via e-mail and/or SMS where appropriate; please tick the appropriate box if you do not wish us to communicate with you by these means.
You may later ask us to change your choices by contacting us by e-mail at [[email protected]] or by writing to us at the address set out above c/o customer service department.
Personal Data as are required in the EEA.
Use of Personal Data Marketing
We do not sell our databases to third parties. We or third parties may however contact you in future with information about products and services which we believe may be of interest to you. We would like you to tell us if you do not wish to receive such marketing communications from us or if you would rather we used a different means of communication.
19 LAW AND JURISDICTION
the purchase of vehicles through our site and any dispute or claim arising out
of or in connection with them or their subject matter or formation (including
non-contractual disputes or claims) will be governed by English law. Any
dispute or claim arising out of or in connection with such Contracts or their
formation (including non-contractual disputes or claims) shall be subject to
the non-exclusive jurisdiction of the courts of England and Wales.
*“Alphera Financial Services” is the trading name of BMW Financial Services (GB) Limited , registered under the laws of England company number 01288537 Europa House, Bartley Way, Hook, Hampshire RG27 9UF .