TERMS AND CONDITIONS – Lowdham Leisureworld Ltd, Nottingham The customer’s attention is drawn in particular to the provisions of clause 8.3 which relates price fluctuations and clause 9 which deals with our Part Exchange provisions.
1. INTERPRETATION
1.1 The definitions in this clause apply in the terms and conditions set out in this document:
Deposit: a sum set out in the Order to be held by us on the terms set out in these terms.
Extras: the items to be added to the Vehicle or to be purchased together with the Vehicle as set out on the Order
Force Majeure Event: shall have the meaning given in clause 11.
Order: your order for the Vehicle.
PEV: the caravan, motorhome, motor vehicle or other item that we are buying from you in part exchange for the Vehicle as set out in the Order.
PEV Price: the offer price stated in the Order for the PEV to be used in part satisfaction of the purchase price of the Vehicle less any outstanding hire purchase or other finance settlement on the PEV to be settled by us as set out on the Order or notified to us by the relevant finance company (as the case may be).
Terms: the terms and conditions set out in this document.
In writing: or written does not include faxes and e-mail unless otherwise stated in these Terms.
Vehicle: the caravan or motorhome together with any Extras that we are selling to you as set out in the Order.
We, Us or Our: Lowdham Leisureworld Limited, (Co. Regn. No: 05223956), whose registered office is at Lowdham Road, Gunthorpe, Notts, NG14 7ES and which is our main trading address. Our VAT number is 848058891.
1.2 Headings do not affect the interpretation of these terms.
2. BASIS OF SALE
2.1 We consider that these Terms and the Order set out the whole agreement between you and us for the sale of the Vehicle. Please check that the details in the Terms or on the Order are complete and accurate before you commit yourself to the contract. If you think there is a mistake or omission in these documents, please contact us immediately. Any variation to the Terms or Order that you agree with our authorised employees and agents will be only binding if recorded in writing. We only accept responsibility for statements and representations by our authorised employees and agents that are made in writing. Please ensure that you read and understand these Terms having taken any advice that is necessary before you sign the Order, because you will be bound by them once a contract comes into existence between us in accordance with clause 2.5.
2.2 Any samples, drawings, or advertising we issue, and any illustration contained in our catalogues or brochures, are produced solely to provide you with an approximate idea of the Vehicle.
2.3 If any of these Terms are inconsistent with any term of the Order, the Order shall prevail.
2.4 The Order is an offer by you to enter into a binding contract, which we are free to accept or decline at our absolute discretion.
2.5 These Terms shall become binding on you and us when:
(a) we issue you with written acceptance of an Order or counter sign the Order; or
(b) we notify you that the Vehicle is ready for collection or delivery, whichever is the earlier, at which point a contract shall come into existence between us.
2.6 Any quotation for the Vehicle is given on the basis that a binding contract shall only come into existence in accordance with clause 2.5. A quotation shall be valid for a period of 30 calendar days from its date of issue, unless we notify you in writing that we have withdrawn it during this period.
2.7 We shall assign an order number to the Order and inform you of it. Please quote the order number in all subsequent correspondence with us relating to the Order.
2.8 In circumstances where this contract is deemed a distance or off premises contract pursuant to The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and is not excepted by reason of the Vehicle being ordered to your specifications the cancellation provisions set out herein will apply but not otherwise. This will not affect your legal rights as a consumer under the Consumer Rights Act 2015 in relation to the Vehicle and Extras that are faulty or not as described.
3. YOUR CONSUMER RIGHT OF RETURN AND REFUND
3.1 If you are a Consumer, you have a legal right to cancel a contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in Clause 3.3. This means that during the relevant period if you change your mind or decide for any reason that you do not want to receive or keep the vehicle you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens Advice Bureau or Trading Standards office.
3.2 However this cancellation right does not apply in the case of: –
(a) A Vehicle which has been ordered to your own specification from the manufacturer and personalised to you.
(b) A Contract that is concluded on our premises or such other moveable premises as we usually conduct business from.
3.3. The cancellation period will expire after 14 days from the date:- (a) On which you acquire or a third party other than the carrier and indicated by you acquires, physical possession of the Vehicle; or (b) On which you acquire, or a third party other than the carrier and indicated by you acquires physical possession of the last of the goods supplied by us.
3.4 To cancel the contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form in the Schedule below. You can also email us at [email protected] or notify by post to Lowdham Leisureworld Ltd, Lowdham Rd, Gunthorpe, Notts, NG14 7ES. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercising of the right to cancel before the cancellation period has expired.
3.5 If you cancel your contract we will: –
(a) Refund you the price you paid for the vehicle. However please note we are permitted bylaw to reduce your refund to reflect any reduction in the value of the vehicle if this has been caused by your handling it.
(b) Refund any delivery costs you have paid although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer and, in most cases, we would consider this to be your collection of the vehicle from our premises.
(c) Make any refunds due to you as soon as possible and in any event within the deadlines indicated below: –
(i) If you have received the vehicle and we have not offered to collect it from you: 14 days after the day on which we received the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the vehicle back to us.
(ii) If you have not received the vehicle or you have received it, and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the contract.
(d) We will make the refund using the same means of payment as you used for the payment to us under the contract unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the refund.
3.6 As you are a Consumer, we are under a legal duty to supply the Vehicle that is in conformity with the Contract. As a Consumer you have legal rights in relation to the Vehicle under the Consumer Rights Act 2015 if it is faulty or not as described. These legal rights are not affected by your right of return and refund in this clause or anything else in these terms. Advice about your legal rights is available from your local Citizens Advice Bureau or Trading Standards office.
4. DEPOSIT
4.1 Subject to clause 4.2 below and any applicable cancellation provisions at clause 3 above, we shall hold the Deposit until the date for payment whereupon it shall be used as part of the price for the Vehicle.
4.2 Where you: –
(a) cancel the Agreement under these terms the Deposit shall be retained by us to satisfy any liability under the Agreement; or
(b) are in breach of these Terms and we cancel any contract the Deposit shall be retained by us to satisfy any liability that you have to us for breach of contract and/or any liability under this Agreement; provided that where any balance remains of the Deposit having discharged the liabilities set out above such balance shall be returned to you.
4.3 The provision set out in clause 4.2 above shall be in addition to any other rights and shall not limit any rights that we may have in relation to any breach of contract.
5. THE VEHICLE WARRANTY
5.1 Subject to other provisions of this clause 5, in relation to any Vehicle that is not new, we warrant that on delivery, and (in the case of sub-clauses (b) and (c) only) for a period of 12 months for a caravan and 24 months for a motorhome or campervan from the date of delivery, the Vehicle shall: (a) have comprehensive warranty (body and mechanical for a caravan, fully comprehensive/unlimited mileage warranty for a motorhome or campervan (b) unlimited claims up to the value of your caravan (Gold policy only), unlimited claims up to the value of your motorhome (c) No Excess to pay on any claims (d) Nationwide Warranty Repair Network
5.2 We shall not have any liability under clause 5.1 for any defect which is not notified to us by the end of the 12-month period since the date of delivery.
5.3 Clause 5.1 shall not apply where we supply the Vehicle (whether free or at additional cost) with any third-party warranty or insurance in relation to the condition of the Vehicle.
5.4 In relation to any Vehicle that is new, we will use our reasonable endeavours to assign to you any manufacturer’s warranty in relation to the Vehicle. Where we are unable to assign a manufacturer’s warranty we will notify you in writing.
5.5 This clause 5 and any third-party warranty or insurance does not affect and is provided in addition to your legal rights in relation to the Vehicle which is faulty, or which otherwise does not conform with these Terms If you are a consumer, the terms of this agreement will not affect any of your statutory rights, which cannot be excluded by this agreement under the Consumer rights act 2015. For more information on your statutory rights, contact your local authority Trading Standards Department or Citizens Advice Bureau.
5.6 This warranty does not apply to any defect in the Vehicle arising from fair wear and tear, wilful damage, use for hire or reward, accident, negligence by you or any third party, any alteration or repair you carry out without our prior written approval or if you use the Vehicle in a way that the manufacturer does not recommend or is not in accordance with the manufacturer’s specifications or your failure to follow any servicing requirements or instructions that are provided.
5.7 These Terms apply to any repaired Vehicle we supply to you in the unlikely event that the original Vehicle is faulty or does not otherwise conform with these Terms.
5.8 Where we have supplied advice or information in relation to any vehicle in relation to its towing capacity this is based on the car/ caravan towing weight match guidelines and is intended as a guide only. You agree that you are fully aware of the towing and loading capabilities applicable to the Vehicle and where applicable to any other motor vehicle to be used to tow the Vehicle.
7. DELIVERY
7.1 You may collect the Vehicle from us within seven calendar days of the date on which we notify you that it is ready. We will not deliver the Vehicle to you unless otherwise agreed in the Order or in writing by us.
7.2 Delivery of the Order shall be completed when you collect the Vehicle from us or in the case of where we have agreed to deliver on the delivery of the Vehicle as specified in the Order or otherwise as agreed in writing by us.
7.3 We will take reasonable steps to meet the estimated delivery date set out on the Order or as otherwise agreed between us in writing. However, delivery may occasionally be affected by factors beyond our control and so cannot be guaranteed. We will let you know if we become aware of an unexpected delay and will arrange a new delivery date with you.
7.4 If you fail to take delivery of an Order within 14 calendar days of the date on which we notify you that the Vehicle is ready, then, except where this failure is caused by our failure to comply with these Terms or by an event beyond your control:
(a) we will store the Vehicle until delivery takes place and may charge you a reasonable sum currently £25.00 a day to cover expenses and insurance.
(b) we shall have no liability to you for late delivery.
7.5 If you have not taken delivery of the Vehicle within four weeks of our notifying you that it is ready, we may, after giving you reasonable prior notice in writing, resell or otherwise dispose of part or all of the Vehicle and, after deducting reasonable storage and selling costs, pay you for any excess over the price of the Vehicle or charge you for any shortfall below its price which shall be deducted from the Deposit.
7.6 The provisions of this Clause 7 shall also apply to the collection of the Vehicle if we have undertaken a repair whether at your request or as required under any statute or legislation including the Consumer Rights Act 2015.
8. TITLE AND RISK
8.1 The Vehicle will be your responsibility from when you collect the Vehicle from us, or the Vehicle is delivered to the delivery address specified on the Order or otherwise as agreed in writing by us.
8.2 Ownership of the Vehicle will only pass to you when we receive payment in full of all sums due for the Vehicle, including any delivery charges.
9. PRICE AND PAYMENT
9.1 On placing the Order, you will pay the Deposit to us. We shall hold the Deposit in accordance with these terms. Where you decide to obtain finance to assist in the purchase of the Vehicle the Deposit will be paid to the appropriate finance company as part payment of the first payment under the relevant finance agreement when this falls due.
9.2 The price of the Vehicle and any Extras will be as set out in the Order or as agreed in writing following the date of the Order where Extras are agreed following the date of the Order. Where we are taking a PEV in part exchange for the Vehicle the PEV Price shall be deducted from the price of the Vehicle and any Extras. The final total price shall be indicative only and subject to variation in accordance with clauses 8.3 and 9.2 and also subject to the PEV Price being confirmed with any finance company in relation to the PEV, if applicable.
9.3 We may, by giving notice to you at any time 10 Business Days before delivery, increase the price of the Vehicle and/or Extras to reflect any increase in the cost of the Vehicle and/or Extras that is due to:
(a) any factor beyond our control (including foreign exchange fluctuations, increases in taxes and duties, and increases in labour, materials and other manufacturing costs).
(b) any request by you to change the delivery date(s) and/r the specification of the Vehicle and/or Extras; or
(c) any delay caused by any instructions by you or a failure by you to give us adequate or accurate information or instructions.
9.4 All prices exclude delivery costs from us to you unless set out in the Order or otherwise agreed in writing by us, which will be added to the total amount due.
9.5 Full Payment for the Vehicle and any Extras must have cleared our bank 72 hours in advance of collection or delivery. Payment of any balance due can be made by way of BACS / Faster payment, private bank transfer direct to our bank, bankers draft, building society cheque, company or personal cheque. However, all cheques or drafts must have been cleared prior to collection, and you should allow at least 10 working days for such clearance.
9.6 If you do not make any payment due to us by the due date for payment (as set out in clause 9.5), we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of National Westminster Bank Plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with the overdue amount.
9.7 If you: –
(a) fail to make any payment due to us within 14 days of the due date for payment: or
(b) fail to collect the Vehicle or accept delivery of the Vehicle
then we may by notice in writing to you terminate any agreement in relation to the Vehicle or PEV (where applicable).
9.8 Clauses 9.6 and 9.7 shall not apply for the period of the dispute if you dispute the payment owing in good faith and let us know promptly after you have received the invoice that you dispute it.
9.9 Payments by Debit Card / Credit Card are restricted to £500 towards the deposit for a car/caravan and £2000 towards the deposit of a motorhome. It is company policy to accept card payments for deposits only.
10. PART EXCHANGE VEHICLE
10.1 Where the Order states that we are acquiring a PEV from you then you warrant as follows in relation to the PEV:
(a) you are legally capable of entering into a binding contract to sell the PEV.
(b) to the best of your knowledge, information and belief and where applicable:
(i) you are the sole owner of the PEV.
(ii) other than in respect of any finance outstanding on the PEV which you have disclosed to us, no person has a lien or any other claim to the PEV.
(iii) the mileage reading on the PEV is true and accurate and the odometer has not been tampered with.
(iv) you have disclosed to us all matters which a prudent purchaser would want to know about, such as physical defects in the PEV (e.g. if it has any material mechanical problems or damage).
(v) the PEV has not previously declared as total loss claim for insurance purposes.
(vi) all information supplied by you in respect of the PEV is true and accurate in all respects; and
(vii) where the PEV is a motorhome or car, the PEV is registered in the UK.
10.2 We reserve the right to alter the PEV Price or to reject the PEV if on detailed inspection of the PEV by us we discover any defects in the PEV not identified on the Order including without limitation, bodywork damage, water ingress, defective floor, tyre sound or any other defects that affect the PEV Price.
10.3 Where we materially reduce the PEV Price or reject the PEV you will have the right to cancel any contract within 14 days of being notified of the reduction or rejection.
10.4 On or before delivery of the Vehicle, we will expect you to deliver to us the PEV and to hand us the keys (including all spare sets
of keys), the registration document, CRIS registration documents (if applicable), any service history, any MOT certificate, any user manuals, and any accessories there may be such as a locking wheel nut tool, radio fascia or remote controls or tracking devices (and any passwords associated with such devices) or any other items or documents reasonably required by us and notified to you in relation to the PEV, and to remove any personal possessions from the PEV.
11. LIMITATION OF LIABILITY
11.1 Subject to clause 10.2, if either of us fails to comply with these Terms, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Terms. Unless specifically detailed in writing on the order, liability will not exceed the full value of the deposit.
11.2 Nothing in this agreement excludes or limits in any way our liability for:
(a) death or personal injury caused by our negligence.
(b) fraud or fraudulent misrepresentation.
(c) any breach of the obligations implied by the Consumer Rights Act 2015;
(d) defective products under the Consumer Protection Act 1987; or
(e) any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
12. EVENTS OUTSIDE OUR CONTROL
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (Force Majeure Event).
12.2 A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following:
(a) strikes, lockouts or other industrial action.
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) impossibility of the use of public or private telecommunications networks; or
(f) pandemic or epidemic.
12.3 Our obligations under these Terms are suspended for the period that the Force Majeure Event continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms can be performed despite the Force Majeure Event.
13. ASSIGNMENT
You may not transfer any of your rights or obligations under these Terms to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms or otherwise implied by law.
14. NOTICES
14.1All notices sent by you to us must be sent for the attention of the Managing Director Lowdham Leisureworld at Lowdham Road Gunthorpe Nottingham NG147ES. We may give notice to you at either the e-mail or postal address you provide to us in the Order. Notice will be deemed received and properly served 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 the letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that the e-mail was sent to the specified e-mail address of the addressee.
15. DATA PROTECTION
15.1 You consent to the processing of your personal data by us for the purposes of carrying out the contract, advising you of vehicles for sale, servicing the Vehicle or any other vehicle, sharing your information with any provider of a warranty or due diligence exercises, compliance with applicable laws, regulations and procedures and the exchange of information amongst themselves. We may process such personal data either electronically or manually.
15.2 You consent (from time to time) to the transfer of such personal data to persons providing third party warranties or to persons undertaking any registration systems in relation to the Vehicle (such as DVLA or CRIS) and to any prospective purchaser of our business within and outside the European Economic Area, for the purposes stated above, where it is necessary or desirable to do so.
16. GENERAL
16.1 If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
16.2 If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver, and we tell you so in writing.
16.3 A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
16.4 These Terms shall be governed by English law and we both agree to the non-exclusive jurisdiction of the English courts.
16.5 Any order placed at the NCC organised exhibitions at the NEC in Birmingham is classed as an “On premises” sale.
16.6 If applicable any demonstration motorhomes have been used for demonstration purposes including shows off site and/or test drives, therefore the mileage could exceed normal delivery mileage. If applicable any display caravans have been used for display purposes and could be an early production model of this year’s caravan which may not comply exactly with the brochure description and was supplied by the factory from August onwards of the preceding year. You are therefore asked to exercise diligence in your examination of the motorhome or caravan prior to purchase as it may have minor scuff marks, wear, and tear. The price reflects the previous demonstration/display history.
16.7 We shall conform in all material respects with their description subject to any qualification or representation contained in our brochures, advertisements or any other documents; be of satisfactory quality; be fit for any purpose as detailed in any manufacturer’s specification; be free from material defects in design, material and workmanship; and comply with all applicable statutory and regulatory requirements for selling the Vehicle in the United Kingdom. not have any liability under clause 5.1 for any defects in relation tothe Vehicle which are notified in writing to you prior to you entering into a contract with us.
