Terms & Conditions
These Terms govern your relationship with us. Please read the Terms carefully as they form the basis of our Contract with you and may affect your rights and liabilities under the law.
1. Explanation of the words used in this document
"Contract" means the contract between us and you by which we agree to perform the Service;
"Proposal Form" means the form that you complete to tell us the make and model of the vehicle you would like us to try to source for you (and other personal details such as your name, address and contact details), which we can send to you by email or fax, or can be accessed on our website at www.aplcarconcierge.co.uk
"Service" means the vehicle sourcing service we provide to you which is based on the make and model of vehicle specified by you on the Proposal Form;
"Terms" means these terms and conditions;
"We"/"Us" means APL CAR CONCIERGE Limited, Registered in England & Wales number 10354395 at 31 Kinross Rd, Greylees, Lincs NG34 8GB; and
"You"/"Your" means you, a person being a consumer (not acting for the purposes of your business or profession), who completes and submits a Proposal Form in accordance with clause 2 below.
2. Our relationship with you.
2.1 If you submit a completed Proposal Form, we consider this is an offer by you for the provision of the Service, subject to these Terms. Please note that we will not be obliged to accept your offer. No Contract is made between us until we accept your offer.
2.2 If we take initial instructions from you over the telephone, we will either send you a copy of these Terms by email or fax (or direct you to these Terms on our website). If, after you have read our Terms, you decide to proceed with the provision of the Service, we request that you provide us with either verbal or written confirmation that you agree to proceed on our Terms. Your verbal or written confirmation will be regarded as an offer by you and the provisions of clause 2.1 above shall apply.
2.3 Once we have a Contract with you, we will commence the provision of the Service until we have either sourced a vehicle for you (or a suitable substitute), or confirmed to you that we are unable to source the vehicle.
In the event that:
2.4.1 we source a vehicle for you (in accordance with the make and model of vehicle specified on the Proposal Form or a suitable substitute); and
2.4.2 you will pay us a fee of £125.00 (one hundred and twenty five pounds sterling) as an upfront fee which is deducted from the final fee according to our price costs as per the website. The fee of £125 is non- refundable.
2.5 It is an essential condition of the Contract that you pay the fee within 7 (seven) days of receiving our invoice.
2.6 If you fail to pay our invoice in full (either in cash or cleared funds) by the due date, then you shall pay interest on the overdue amount at a rate of 4% above Lloyds Bank plc base rate.
2.7 If we are unable to source the vehicle you specified on your Proposal Form or over the telephone, we will inform you at the earliest opportunity. At this stage, you may decide to provide us with details of another make and model of vehicle that you would like us to try and source for you.
2.8 No variation of these Terms will be accepted unless agreed in writing by an authorised representative of APL CAR CONCIERGE Limited. We will not accept the inclusion of any alternative terms by you which conflict with, alter or add to these Terms.
2.9. Your Personal Data
3 You understand that for us to provide you with the Service, we require certain information from you, including but not limited to, your full name and address, your contact details, (if you want to part exchange your existing vehicle) the make and model of your vehicle, and (if your vehicle is subject to a finance arrangement) certain details of the finance arrangement.
3.1 You understand that during the provision of the Service we may need to pass your personal information on to various dealerships.
3.2 In the event we successfully source a vehicle for you, we will only hold, and use, your name, address and contact details for the purposes of communicating with you from time to time about our services ("Marketing Purposes"). All other personal information provided by you will be destroyed within a reasonable time of us sourcing a vehicle for you.
If you opt out of our Marketing Purposes, we will destroy your personal information within a reasonable time after we receive your opt out.
3.4. What we are responsible for
3.5 We are liable for physical injury to or the death of any person, or for anything else we are not permitted to limit or exclude by law. For anything else, we will only be required to pay you, as a maximum, a sum equal to the fee paid for our Service under clause 2.4 above.
3.6 Whilst we use all of our experience and contacts to try to source for the best deal on the vehicle you specify on the Proposal Form or over the telephone, we cannot guarantee that there is not a better deal available in the market. If you think you have found a better deal than the one we recommend to you, you are not prevented from independently pursuing that option.
4.1 Nothing in these Terms affects your statutory rights as a consumer.
4.2 If any part of these Terms shall be deemed unlawful, void or unenforceable for any reason, then that part shall be deemed to be severable from the Terms and shall not affect the validity and enforceability of any of the remaining provisions within the Terms.
4.3 No waiver by us will be effective unless in writing.
4.4 You confirm that, in agreeing these Terms, you have not relied on any representation except insofar as it has expressly been made part of these Terms and you agree that you shall have no remedy in respect of any representation. Nothing in these Terms shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such misrepresentation has become a part of the Terms.
4.5 These Terms shall be governed by English law and subject to the exclusive jurisdiction of the English courts.
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