Terms & Conditions - Buying a Vehicle — Phil Mires Classic Cars

IMPORTANT

Please read the following clauses extremely carefully as they include important provisions including limits on our liability: clause REF _Ref61896304 \r \h 4, clause REF a685221 \r \h 14.
All vehicles sold by us are second hand and are sold “as seen”. Second-hand vehicles may have interior and exterior damage, for example, scrapes, scratches, scuffs as well as blemishes or tears to the interior.
You must undertake an inspection of the vehicle prior to purchasing it. You are responsible for satisfying yourself as to the state and condition of the vehicle to the extent it can be identified from a reasonable inspection. You are not responsible for identifying issues in respect of the state of the vehicle which would not be apparent from a reasonable inspection.
Depending on the way in which the contract between you and us was concluded, you may have a statutory right to cancel the order. See clause REF _Ref61940607 \r \h 8 below for further information.
We will require a deposit to be paid when we agree to sell you a vehicle. If this contract is cancelled or you do not end up purchasing the vehicle then in some circumstances the deposit will be refunded, and in some circumstances it will not. See clause REF _Ref62739737 \r \h 3.5 for more information.
Different provisions in this contract apply depending on the way in which the contract between you and us was concluded and in these terms:

A contract is concluded via distance means if the terms of the contract for the sale of the vehicle, e.g. price, collection dates etc are agreed exclusively via email, telephone or some other form of distance communication. Your inspection of the vehicle will not stop a contract being agreed solely via distance means if the terms of the contract were not discussed during that inspection. In other words, if your visit is solely to inspect the vehicle and all other discussions are remote then the contract will be concluded via distance means.
A contract is concluded at our premises where any negotiations or discussions around the terms of the contract for the sale of the vehicle is discussed at our premises. For example, if we discuss the price or any other terms whilst you are inspecting the vehicle then the contract will be deemed to be one which is concluded at our premises, even if we finalise the contract remotely.

Our terms

These terms

What these terms cover. These are the terms and conditions on which we supply a vehicle to you.
Why you should read them. Please read these terms carefully before you sign our order confirmation document and agree to purchase a vehicle from us. These terms tell you who we are, how we will provide the vehicle to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms please contact us to discuss.

Information about us and how to contact us

Who we are. We are Philip Mires, trading as PM Antiques and Collectables a sole trader established in England and Wales. Our address is 45 Fletcher Road, Ottershaw, Chertsey, Surrey, KT16 0JZ.
How to contact us. You can contact us by telephoning our customer service team at 01932 640113 or by writing to us at phil@pm-antiques.co.uk.
How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us either at our premises or on our website.
"Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

Our contract with you

How a binding contract comes into effect. Our acceptance of your request to purchase a vehicle will take place when we and you have agreed the price of the vehicle and we confirm that we have agreed to sell you the relevant vehicle.
We will issue you an order confirmation document for you to sign and return to us. A binding agreement to purchase the vehicle will come into effect and these terms and conditions will apply once you sign and return to us the order confirmation letter or email us to confirm that you agree to the contents of the order confirmation letter.
Even if you don’t sign and return an order confirmation document, a binding contract will come into effect as soon as we agree to sell you the vehicle at an agreed price and these terms and conditions will apply to such sales to the extent we have brought them to your reasonable attention.
If we cannot accept your request to purchase a vehicle. If we are unable to accept your order, we will inform you of this and will not charge you for the vehicle. This might be because the vehicle in question has been sold to someone else, because you have not inspected the vehicle, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the vehicle or because we have identified a defect with the vehicle.
Deposit. Upon agreeing to sell the vehicle to you and issuing you with the order confirmation document, you will be required to make an immediate payment of a deposit. This will be equal to £500 (five hundred pounds sterling). See clause 13.4 for accepted payment methods. See also clauses 6.2, 6.9, 7.2 and 9.5.3 for circumstances where the deposit will be refunded to you. In all other circumstances, the deposit is non-refundable even if you do not purchase the relevant vehicle.
We only sell to the UK. Our website is solely for the promotion of vehicles in the UK. Unfortunately, we do not accept orders from outside the UK.

Our vehicles and inspections

Vehicles may vary slightly from their pictures. The images of the vehicles on our website are for illustrative purposes only. Although we have made every effort to display the colours and state of the vehicle accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the vehicle. The vehicle may vary slightly from those images. In addition, certain cosmetic damage to the vehicle may not be displayed via photographic images.
Vehicle inspections. You are required to inspect the vehicle you wish to purchase prior to finalising the purchase of the vehicle. We will not sell you any vehicle prior to you undertaking an inspection. During any such inspection you are required to inspect the entire vehicle, including the external area and paint work, the interior seating area, the boot and under the bonnet. You must undertake a sufficiently detailed review of the vehicle in order to satisfy yourself of its appearance and of any damage to it. If you purchase the vehicle you take it subject to any damage or other issues which would have been apparent on a reasonable inspection.
Known faults/damage. Whilst all vehicles we sell will be of reasonable quality (see clause 4.4.1 for further information), fit for purpose (see clause 4.4.2 for further information) and comply with any description we provide (see further below), we may notify you of any damage, faults or other issues with the vehicle. You must satisfy yourself in relation to any notified damage, faults or other issues and you should not purchase the vehicle if you are not satisfied as a result. You will not be able to return the vehicle or cancel the contract as a result of any damage, faults or other issues of which we notify you prior to finalising the contract between us or which would have been reasonably apparent upon inspection of the vehicle.
Quality of vehicles.

All vehicles will be of reasonable quality. This means that the vehicles will be of the quality which a reasonable person would expect. As the vehicles are second-hand and sold as seen, this means that what counts as “reasonable quality” will be determined by a number of factors, including the age and mileage of the vehicle.
Fit for purpose. This means that all vehicles sold by us will be road-worthy and legal to drive within the laws of England (subject to you taxing the vehicle and having a valid drivers licence).
In accordance with description. Where our website includes a description of the vehicle or we have given a description in any brochure or by other means, the vehicle will be in accordance with such description.

Our responsibility in relation to the vehicles

You are responsible for taxing the vehicle. You are responsible for ensuring that the vehicle you purchase is taxed from the moment legal ownership of the vehicle passes to you. You are unable to take the benefit of any remaining tax on the vehicle prior to your purchase of it.
Vehicle MOT and service. We will ensure that the vehicle is roadworthy and able to be legally driven on the roads in England, subject to you complying with your own legal obligations such as having a valid driving licence and taxing the vehicle. We will ensure that the vehicle has a valid MOT and has been serviced within 12 months of the date on which you collect the vehicle but in all cases the MOT may expire shortly after you purchase the vehicle and you may be required to undertake a further service shortly after purchasing the vehicle. Once you have purchased the vehicle it is your responsibility to ensure that the vehicle has a valid MOT and has been serviced in accordance with all applicable laws and the requirements of the vehicle manufacturer.
Service history. Where we have information on the service history of the vehicle we may provide this to you but in many instances we will be unable to confirm the vehicle’s service history and are unable to give any assurances in this regards.
We are not liable if the vehicle does not contain all of its original parts as at the date of manufacture. The vehicles we sell are second hand vehicles and we cannot guarantee that all of the vehicles we sell contain all of the original parts and it is likely that some of the original parts would have been replaced since the date of manufacture.

Our rights to make changes

Minor changes to the vehicles. We may change the vehicle:

to implement minor mechanical adjustments and improvements, for example to address a safety threat or to ensure that the vehicle is road worthy for instance, replacing the tyres of the vehicle or repairing significant or noticeable damage or to address any items identified as reasons for failing the previous MOT test. These changes will not affect your use of the vehicle and are only designed to improve the quality of the vehicle.

Changes requested by you. You may request certain changes to the vehicle but we will not be obliged to undertake such changes until we expressly agree to do so. We will undertake such changes with reasonable skill and care and will implement them prior to you collecting the vehicle. The cost of such changes will be included within the price at which we agree to sell you the vehicle unless agreed otherwise.

Providing the vehicles

When will the vehicle become available. Once we have agreed to sell the vehicle to you and you have signed the order confirmation document we will let you know when the vehicle will become available for collection but this will ultimately depend on when you pay for the vehicle and how long it takes to make any alterations to the vehicle which you have requested and which we have agreed to make. You will be unable to collect the vehicle until it has been paid for in full.
We are not responsible for delays outside our control. If collection of the vehicle is delayed by an event outside of our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any vehicles you have paid for but not received (including any deposit paid).
Collection by you. You must arrange for the vehicle to be collected, we do not deliver any vehicles. You can collect the vehicle from us during the times we notify you from time to time.
When you become responsible for the vehicle. The vehicle will be your responsibility from the time you collect it from us which will be the moment you or your representative begin to drive the vehicle away (which will include the period during which you are driving the vehicle off of our property).
When you own the vehicle. You own the vehicle once we have received payment in full for the vehicle and once the paperwork has been sent to the Driver and Vehicle Licensing Agency (DVLA) (or equivalent) to register you as the registered keeper of the vehicle (which will be filed by us electronically on the day you collect the vehicle so long as you have provided us with the required information).
What will happen if you do not give required information to us. We may need certain information from you so that we can register you as the registered keeper of the vehicle with the DVLA (or equivalent), for example, your personal details including your name and address. We will contact you to ask you for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 11 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for any delay in making the vehicle available for collection if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
If we incur any losses as a result of your use of the vehicle in the period between you collecting the vehicle and you becoming the registered keeper of the vehicle with the DVLA, then you shall pay us the amount of such losses. Examples of losses which we may recover under this clause are where we are required to pay any fines resulting from speeding offences committed by you or as a result of you failing to tax your vehicle or as a result of any parking tickets we are required to pay on your behalf.
Reasons we may delay the date on which you can collect the vehicle. We may have to suspend the supply of a vehicle to:

deal with mechanical problems or make minor mechanical changes to the vehicle; or
to undertake any changes to the vehicle which were requested by you and which we agreed to undertake; or
because any of the information you have provided to us proves to be inaccurate or misleading; or
because we become aware that any information provided in respect of the vehicle is inaccurate or misleading; or
because you have failed to give us the information required to register you as the registered keeper of the vehicle; or
because you have not paid for the vehicle in full (see clause 6.10 below for further information)

Your rights if we delay your collection of the vehicle. We will contact you in advance to tell you we will be delaying the date on which you can collect the vehicle, unless the problem is urgent or an emergency but no such delay will impact the price payable by you for the vehicle. You may contact us to end the contract for a vehicle if we delay your collection of the vehicle, or tell you we are going to make such a delay, in each case for a period of more than 2 months and we will refund any sums you have paid in advance for the vehicle including any deposit, unless the reason for the delay was due to your fault, for example your failure to provide the required information, or to pay for the vehicle in which case you do not have a right to cancel the contract under this clause. If you cancel due to our delay to the collection of the vehicle due to making changes at your request then we will refund you all sums paid, including the deposit.
We may also delay the date on which you can collect the vehicle if you do not pay. If you do not pay for the vehicle in full we will not allow you to collect the vehicle until such payment has been made to us. We will contact you to tell you we are suspending supply of the vehicle until payment has been made. If you dispute an invoice then we will attempt to resolve this dispute but we will be unable to supply the vehicle to you until the dispute has been resolved and we have received payment for the vehicle in full. As well as suspending your collection of the vehicle we may end the contract (see clause 10.1.1).

Your rights to end the contract if you order the vehicle at our premises (If you have ordered the vehicle via distance means, please go to clause 8).

You can always end the contract for supply of a vehicle before it has been collected and paid for. You may contact us to end your contract in respect of a vehicle at any time before you have collected and you have paid for it, but in some circumstances we may charge you for doing this, as described below. If you are cancelling the contract because you have changed your mind then we will not refund any deposit which you have paid. Of course, you always have rights where a vehicle is faulty or mis-described (see clause 12, "If there is a problem with the vehicle")
What happens if you have good reason for ending the contract. If you are ending the contract for a reason set out at 7.2.1 to 7.2.4 below the contract will end immediately and we will refund you in full including any deposit payments (less a reduction in value which results from any damage caused to the vehicle whilst it is in your possession which is not as a result of a fault in the vehicle when you purchased it) for any vehicle(s) which have not been provided or have not been provided properly and you may also be entitled to further compensation. The reasons are:

we have told you about an error in the price or description of the vehicle you have ordered and you do not wish to proceed;
there is a risk that us making the vehicle available for collection may be significantly delayed because of events outside our control;
we have suspended your collection of the vehicle for mechanical reasons, or we notify you that we are going to suspend them for mechanical reasons, in each case for a period of more than 2 months; or
you have a legal right to end the contract because of something we have done wrong (see clause 12).

What happens if you end the contract without a good reason. If you are not ending the contract for one of the reasons set out in clause 7.2, then the contract will end immediately and we will refund any sums paid by you for the vehicle not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of you ending the contract, including any depreciation in the value of the vehicle including (but not limited to) as a result of any damage to it following the collection of the vehicle and we may also retain the deposit. See clause 7.1 and 9.5 for further information.

Your rights to end the contract if you order the vehicle via distance means.

If you purchase the vehicle via distance means (see the “important” box at the start of these terms for an explanation of what this means) then in addition to your rights to cancel the contract as described in clause 7, you have the right to cancel the contract if you have just changed your mind about the vehicle. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of the vehicle;
Exercising your right to change your mind (Consumer Contracts Regulations 2013). Where you purchase the vehicle via distance means, you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
How long do I have to change my mind? You have 14 days after the day you (or someone you nominate) receives the vehicle. This will begin to be calculated on the date you (or your nominee) collect the vehicle from us.

How to end the contract with us (including if you have changed your mind)

Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:

Phone or email. Call customer services on 01932 640113 or email us at phil@pm-antiques.co.uk. Please provide your name, home address, details of the order and, where available, your phone number and email address. The model cancellation form can be found in the schedule to these terms and conditions

Returning the vehicle after ending the contract. If you are ending the contract because you are exercising your legal rights to end the contract because of something we have done wrong then we will collect the vehicle. Please call customer services on 01932 640113 or email us at phil@pm-antiques.co.uk to arrange collection. If you are ending the contract for any other reason, then you are required to return the vehicle to the place of collection at your own cost and within 14 days of notifying us that you are cancelling the contract. You must take reasonable care of the vehicle when returning the vehicle to us and other than returning the vehicle to us, you must not make any further use of the vehicle after notifying us that you wish to end the contract.
What we charge for collection. If you are responsible for returning the vehicle and we offer to collect the vehicle from you (and we are under no obligation to do so) and you agree to us collecting the vehicle (and you are under no obligation to do so) then, we will charge you the direct cost to us of collection.
How we will refund you. We will refund you the price you paid for the vehicle, by the method you used for payment. However, we may make deductions from the price, as described below.
Deductions from refunds if you are exercising your right to change your mind or where we are not at fault. If you are exercising your right to change your mind or end the contract where we are not at fault:

We may reduce your refund of the price to reflect any reduction in the value of the vehicle. There will be an inherent reduction in the value of the vehicle from the moment you drive it away due to the change in ownership and the increased mileage on the vehicle. We may also reduce the value of the refund for other reasons including any reduction in value as a result of any damage caused to the vehicle whilst it is returned to us. If we refund you the price paid before we are able to inspect the vehicle and later discover you have handled the vehicle in an unacceptable way, or caused any damage to the vehicle you must pay us an appropriate amount.
We may also deduct from any refund (or charge an amount equal to) our reasonable costs of collecting the vehicle as described in clause 9.3 above if we agree to do so (and we are not obliged to do so.
If you agreed to purchase the vehicle via distance means and you exercise your right to change your mind as described in clause 8 then the refund will include the amount of any deposit less any deductions described above.
If you agreed to purchase the vehicle at our premises and you are exercising your right under clause 8 to change your mind then we will deduct from any refund the value of the deposit.

When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:

Your refund will be made within 14 days from the day on which we receive the vehicle back from you. For information about how to return a vehicle to us, see clause 9.2.

Our rights to end the contract

We may end the contract for certain reasons. We may end the contract for a vehicle at any time by writing to you if:

you do not make any payment to us within 14 days of it becoming due (the deposit is due when we agree to sell you the vehicle and issue you the order confirmation document and the balance is due on or before the date we and you agree that you can collect the vehicle);
you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the vehicle, for example, you do not provide your personal details in order for us to register your vehicle with the DVLA in accordance with clause 6.6;
you do not collect the vehicle within 2 weeks of the date on which we and you agreed you would collect the vehicle;
you do not have the lawful right to purchase the vehicle;
if any of the information you provide us proves to be inaccurate or misleading such that we are unable to register you as the registered keeper, or such that it would be unlawful for you to be registered as the registered keeper; or
you commit any fraudulent or other criminal act during our dealings or in respect of your purchase or attempt to purchase the vehicle

You must compensate us if you break the contract or if we have the right to end the contract.

If we end the contract in the situations set out in clause 10.1 we will (unless it would be unlawful for us to do so) refund any money you have paid in advance for vehicles we have not provided but we will retain the deposit as a result of the net costs we will incur as a result of your breaking the contract.

If there is a problem with the vehicle

How to tell us about problems. If you have any questions or complaints about the vehicle, please contact us. You can telephone our customer service team at 01932 640113 or write to us at phil@pm-antiques.co.uk. Alternatively, please speak to one of our staff at our premises.
Summary of your legal rights. We are under a legal duty to supply vehicles that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the vehicle. Nothing in these terms will affect your legal rights. If you have any questions about your legal rights, we recommend you discuss them with the citizens advice bureau.

Your obligation to return rejected vehicles. If you wish to exercise your legal rights to reject the vehicle you must allow us to collect them from you. We will pay the costs of collection. Please call customer services on 01932 640113 or email us at phil@pm-antiques.co.uk to arrange collection.
Use of vehicle once an issue is identified. If you notify us that you wish to return the vehicle due to a fault in it which entitles you to return it then you must not continue to use the vehicle other than to return it to us (where applicable).

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

The Consumer Rights Act 2015 says goods (which includes vehicles) must be as described, fit for purpose and of satisfactory quality (see clause 4 above for further information on what this means) but this does not apply in relation to any faults or damage of which we notify you prior to your purchase of the vehicle or which would have been apparent on a reasonable inspection. During the expected lifespan of your vehicle your legal rights entitle you to the following:

a) Up to 30 days: if the vehicle is not as described, fit for purpose or of reasonable quality (subject to any faults or damage of which we notify you prior to your purchase of the vehicle or which would have been apparent on a reasonable inspection), then you can get an immediate refund including the deposit but less any depreciation in value of the vehicle as a result of any damage caused after you collect the vehicle and which is caused to the vehicle which is not as a result of a fault in the vehicle when you purchased it.
b) Up to six months: if the vehicle can't be repaired (and you have a right to request that we repair it so long as it wouldn’t be unreasonable or overly onerous to require us to do so), then you're entitled to a full refund including the deposit (less any depreciation in value of the vehicle as a result of any damage caused after you collect the vehicle and which is caused to the vehicle which is not caused by a fault in the vehicle prior to when you purchased it and less a reasonable amount based on the value you received from using the vehicle, in most cases).
c) Up to six years: if your vehicle does not last a reasonable length of time you may be entitled to some money back.