TERMS AND CONDITIONS OF SALE – USED VANS
These Terms and Conditions apply to the sale of used vans by Direct Van Choice (“we”, “us” or “the Seller”) to customers (“you” or “the Customer”).
1. The Vehicle
1.1 Each vehicle will be identified on the order/invoice by its registration number, make, model, VIN/chassis number, mileage and agreed purchase price.
1.2 The vehicle's condition, specification, mileage, service history, previous use and any known defects will be described to you before the sale.
1.3 You should inspect and, where appropriate, test-drive the vehicle before purchase. Any defects or issues specifically brought to your attention and agreed as part of the sale will be recorded on the sales invoice or vehicle order.
1.4 Any description, specification or representation made by us about the vehicle will form part of the contract where it has been relied upon by you.
1.5 Photographs and descriptions are intended to accurately represent the vehicle. Minor differences in appearance which do not materially affect the vehicle will not constitute a breach of contract.
2. Price
2.1 The agreed purchase price will be stated on the vehicle order or invoice.
2.2 Unless expressly stated otherwise, the price includes VAT where VAT is applicable.
2.3 Any additional products or services, including warranties, delivery, accessories or other charges, will only be added with your agreement.
2.4 We will not increase the agreed vehicle price after the contract has been concluded unless you expressly agree to the change.
3. Deposit
3.1 Where a deposit is required, the amount will be recorded on the vehicle order.
3.2 A deposit is normally applied towards the purchase price.
3.3 Deposits are non-refundable. When a deposit is placed on a vehicle and you choose to cancel the agreement, the deposit paid to Direct Van Choice associated with the transaction will be forfeited.
4. Payment
4.1 Unless otherwise agreed in writing, the balance of the purchase price must be paid in full before or upon collection/delivery of the vehicle.
4.2 We may accept payment by bank transfer, debit card, credit card or another agreed method.
4.3 We may require cleared funds before releasing the vehicle.
4.4 Where payment is made by a third party, the Customer remains responsible for ensuring that the full purchase price is paid.
5. Ownership and Risk
5.1 Ownership of the vehicle will pass to you once we have received payment of the full purchase price and any other sums properly due under the contract, unless otherwise agreed in writing.
5.2 Risk in the vehicle will pass to you upon delivery or collection, subject to your statutory rights.
5.3 We confirm that we have the right to sell the vehicle.
6. Collection and Delivery
6.1 The agreed collection or delivery arrangements will be recorded on the order or otherwise agreed with you.
6.2 If delivery is arranged by us, any agreed delivery charge will be stated before you enter into the contract.
6.3 If you arrange collection, you are responsible for ensuring that the vehicle can legally and safely be driven from the collection location.
6.4 We reserve the right to delay collection or delivery where this is reasonably necessary, including where payment has not cleared or where an issue affecting the vehicle's safety or legality has been identified.
6.5 An administrative charge of £450 will apply if the vehicle is to be collected by us after delivery has been made.
7. Vehicle Condition and Inspection
7.1 Used vans will naturally show signs of previous use, age and mileage. The condition of each vehicle will be assessed having regard to its age, mileage, price, description and other relevant circumstances.
7.2 Any significant known defects or damage will be disclosed to you before purchase where required by law.
7.3 You are encouraged to inspect the vehicle and raise any questions before completing the purchase.
7.4 Nothing in these Terms and Conditions removes or limits any statutory rights you have under applicable consumer law.
8. Statutory Rights
8.1 Where you are purchasing the vehicle as a consumer, the vehicle must comply with your statutory rights, including being:
as described;
of satisfactory quality, taking account of matters such as age, mileage, price and disclosed condition; and
fit for any particular purpose that you have made known to us where the law requires this.
8.2 Nothing in these Terms and Conditions excludes, restricts or limits any legal right or remedy that cannot lawfully be excluded or limited.
8.3 If the vehicle does not comply with your statutory rights, you may have legal remedies including, depending on the circumstances, repair, replacement, price reduction or rejection of the vehicle.
8.4 A manufacturer's warranty or any additional warranty supplied with the vehicle is separate from and does not replace your statutory rights.
9. Warranty
9.1 If an additional warranty is supplied with the vehicle, the details, duration and exclusions of that warranty will be provided separately.
9.2 Any warranty provided by us is in addition to your statutory rights and does not restrict those rights.
9.3 Warranty claims should be reported to us as soon as reasonably practicable after a problem is discovered.
9.4 We may require the vehicle to be inspected before authorising warranty repairs.
10. Faults and Repairs
10.1 If you believe the vehicle has a fault or does not comply with the contract, please contact us promptly and provide details of the problem.
10.2 We will assess the complaint and, where appropriate, discuss the remedies available to you.
10.3 You should not arrange significant repairs at your own expense and expect reimbursement without first giving us a reasonable opportunity to inspect and, where appropriate, remedy the issue, except where the law provides otherwise.
11. Roadworthiness and Use
11.1 We will not knowingly sell or supply a vehicle in an unsafe or unroadworthy condition for use on the road.
11.2 Where a vehicle is sold specifically for repair, restoration, dismantling or parts, this will be clearly stated in the sales documentation and the vehicle must not be represented as suitable for ordinary road use.
11.3 You are responsible for ensuring that the vehicle is appropriately insured, taxed where applicable and legally used after delivery or collection.
12. Mileage and Vehicle History
12.1 The mileage displayed or recorded for the vehicle will be stated to the best of our knowledge and belief.
12.2 Where the mileage is known or reasonably suspected to be incorrect, this will be disclosed to you.
12.3 Any information provided concerning previous ownership, accident damage, servicing, MOT history or vehicle history will be provided honestly and accurately based on information reasonably available to us.
12.4 Any information regarding the vehicle and its servicing will be provided to the customer. If this information is not provided that will due to the fact this information has not been passed to Direct Van Choice. In this instance, we are unable to retrieve this information.
13. Part Exchange
13.1 Where a part-exchange vehicle is accepted, its agreed value will be recorded on the vehicle order.
13.2 You confirm that you are entitled to sell or transfer the part-exchange vehicle to us.
13.3 You must disclose any outstanding finance, known major defects, material damage or other circumstances affecting ownership or value.
13.4 If information provided about the part-exchange vehicle is materially inaccurate, we reserve the right to review the agreed part-exchange value or cancel the transaction where legally permitted.
14. Finance
14.1 If the vehicle is purchased using finance, the finance arrangements will be subject to the terms of the relevant finance provider.
14.2 Where we introduce you to a finance provider, any required finance documentation must be completed before the finance-funded portion of the purchase price is treated as paid.
14.3 Where applicable, finance arrangements may be subject to separate regulatory requirements and terms.
15. Cancellation and Distance Sales
15.1 If you purchase a vehicle at our premises, your statutory cancellation rights will depend on the circumstances and the applicable law.
15.2 If the contract is entered into at a distance or away from our business premises, you may have additional cancellation rights under applicable consumer legislation.
15.3 Where a statutory cancellation right applies, we will provide the information required by law concerning that right and how it may be exercised.
15.4 Nothing in these Terms and Conditions removes or restricts a statutory cancellation right.
16. Complaints
16.1 If you have a complaint, please contact:
Kuldeep Shounta
Email: directvanchoice@gmail.com
16.2 We will investigate complaints fairly and aim to resolve them promptly.
16.3 You should provide reasonable information about the issue, including the vehicle registration number and details of the problem.
17. Limitation of Liability
17.1 Nothing in these Terms and Conditions excludes or limits liability where doing so would be unlawful.
17.2 In particular, nothing in these Terms and Conditions limits your statutory rights or our liability for matters that cannot legally be excluded or limited.
17.3 Any limitation of liability applicable to business-to-business sales will be subject to applicable law and will not apply where prohibited.
18. Data Protection
18.1 We will process your personal information in accordance with applicable data-protection legislation and our Privacy Policy.
18.2 Your information may be used for purposes connected with the sale, administration, servicing, warranty and legal obligations relating to the vehicle.
19. General
19.1 If any provision of these Terms and Conditions is found to be unlawful or unenforceable, the remaining provisions will continue to apply to the extent permitted by law.
19.2 Any failure by us to enforce a provision immediately does not mean that we waive our right to enforce it later.
19.3 These Terms and Conditions, together with the vehicle order/invoice and any documents expressly incorporated into the contract, form the agreement between the parties.
20. Governing Law
20.1 These Terms and Conditions are governed by the law of England and Wales, unless applicable law requires otherwise.
20.2 Nothing in this clause prevents a consumer from relying on mandatory consumer protections that apply to them in their country or jurisdiction.
