PERSONAL AUTOMOTIVE LTD TERMS AND CONDITIONS OF BUSINESS
(Nothing in these Terms and Conditions shall affect the Customer’s statutory rights as a consumer, including those arising out of Sale and Supply of Goods to Consumers Regulations 2002 or any amendments thereto. For more information about your statutory rights, please contact the Citizens’ Advice Bureau)
In these terms and conditions:
“We/us/our” means Personal Automotive Ltd
“You/Your” means any individual, Customer, firm or corporate body requiring our services and the Customer/Purchaser and/or user of our online services
“Goods” means all vehicles as defined, or other components or parts to be sold by Personal Automotive Ltd to you
“Price/Cost” means the fee payable for the Work including parts, labour, VAT and any additional charges
“Vehicle” includes any car, van, motorcycle and generally each and every accessory to and component thereof
“Work” means any services carried out by us including, but not limited to Servicing, Repairs, Cosmetics, Tuning, MOT’s. Works that ARE not listed here will be discussed and agreed with you
These terms and conditions will be binding between Personal Automotive Ltd and the Customer upon the booking of any work.
If you place an order for work via the phone or internet you warrant that you are legally capable of entering into a contract, you are at least 18 years old and you reside in the UK.
1. GENERAL
1.1 Personal Automotive Ltd terms and conditions are intended to contain all the terms of the agreement between us (the vendor) and you (the customers/purchaser) relating to the sales, repair, servicing and/or other work defined (“Work”) to the identified vehicle (“Vehicle”) and/or the supply of Goods, parts or other components to be supplied by us, whether or not in conjunction with the Work, hereinafter the “Agreement”. If you wish to rely on any amendment or addition, you should ensure it is confirmed in writing by one of our duly authorised representatives. If we agree any variation in the price or work to be done or Goods to be supplied, this shall be deemed to be an amendment to this Agreement rather than a new agreement.
1.2 We reserve the right to alter these terms and conditions at any time and it is your responsibility to check if changes have been made. You may check our website www.personalautomotive.co.uk for any changes, amendments and updates regarding our Terms and conditions. Your use of www.personalautomotive.co.uk after changes are posted online shall constitute acceptance of the new terms and conditions.
1.3 A copy of our terms and conditions will also be available at Personal Automotive Ltd garage (a copy will be made available for you). Your use of Personal Automotive Ltd garage shall constitute acceptance of our terms and conditions, changes, amendments, and updates. You will be required to sign a copy of the terms and conditions before you make a purchase or use our services.
1.4 Work: You warrant that you legally own the vehicle or are duly authorised to enter into this Agreement for the Work to be done on it on these terms and conditions. Unless otherwise agreed in writing once you make the Vehicle available to us, this shall be regarded as express consent of the Work, if any, being started as soon as reasonably possible. Please see Section 8, paragraph 8.9 regarding Payment and Storage Fees.
2. TEST DRIVING A CAR – ELIGIBILITY
2.1 For insurance purposes, to take a car for a test drive you must be at least 21 years old and have held a valid driving licence for over a year, and must be accompanied by a staff member of Personal Automotive Ltd.
3. PURCHASING AND COLLECTING A VEHICLE – TERMS & CONDITIONS
3.1 A Date and time to collect your vehicle will be agreed at time of purchase. Please allow at least one hour to collect your vehicle. Our procedure for collecting your vehicle will be subjected to a pre-delivery inspection and any repairs that may arise from it. An email or text will be sent to you when the vehicle is ready for you to collect. If there's likely to be a delay, we will contact you as soon as possible to inform you of this delay.
3.2 Valid UK / EU Driving Licence including photo section OR Valid Passport AND 1 proofs of present address dated within the past 3 months are required for identification on every collection. (Bank Statement, Council Tax or Utility bills, excluding mobile phone).
3.3 We charge an administration fee to cover essential documentation and administration costs. To ensure we can offer all our customers the best value we have tailored our administration fee to our customers individual circumstances. This fee is a compulsory fee and applies to all our cars depending on your below circumstances:
(a) Retail customer Admin Fee £49.
(b) Retail Customer using a finance broker outside our official panel of lenders will include the Retail Customer Fee of £49 plus a further fee to cover the cost of the third party and finance broker fees which may be subjected to additional charges and will be notified to you at the time of arranging finance.
(c) Motor Trade Customers Admin Fee £499.
(d) Your statutory rights are not affected.
3.4 We do not give or make any representation, warranty or undertaking that your Vehicle will not be subject to a manufacturer's recall notice at the point of sale or at any time thereafter.
3.5 If your vehicle is subject to a manufacturer’s recall notice at the point of sale and we cannot resolve the recall issue with the manufacturer prior to delivery or collection, Personal Automotive Ltd may cancel your purchase at any point before the vehicle is delivered or collected. If we do this, we will refund all payments received for the vehicle (including any amount you paid for Administration and delivery).
3.6 If we identify a quality issue with your vehicle prior to delivery or collection and we are unable to fix this issue or it is not practical for us to do so (for example, if fixing the issue would be too expensive), we may cancel your purchase at any point before the vehicle is delivered or collected. If we do this, we will refund all payments received for the vehicle (including any amount you paid for Administration and delivery).
4. PART EXCHANGE
4.1 Here at Personal Automotive Ltd we offer a Part Exchange, where you may be able to part exchange your vehicle as part of payment, when you are purchasing one of ours. Please note it is our decision whether we agree the Part Exchange. Quotes for the part exchange vehicle is only valid at time of appraisal, if you take the vehicle away after appraisal, it could be subjected to reappraisal.
4.2 If we agree to allow you to take part in the Part Exchange and agreed to accept your Part Exchange Vehicle at an agreed value in part payment of the purchase price. You hereby agreed to following conditions and agree that:
(a) You have full title to the part exchange vehicle (such used Vehicle is the absolute property of you and is free from all financial or legal encumbrances).
(b) Free from any hire purchase agreements, charges, or other encumbrances (together “Encumbrances”) which you did not disclose to us before the date of purchase.
(c) Delivered to our place of business before you collect/we deliver the vehicle to you.
(d) In the same condition (subject to only wear and tear and reasonable increase of mileage) on delivery to us as it was when we examined it before agreeing the Part Exchange Allowance and Free from any problems or difficulties except those specifically brought to our attention when we agreed to accept the Part Exchange Vehicle.
4.3 Please note if you fail to comply with any of our conditions that we have stated above, we will not be obligated to accept your part exchange vehicle or allow you to participate in our Part Exchange Scheme. Therefore, you will be liable to pay the full purchase price before you can take the Vehicle.
4.4 If payment is required to release the part exchange vehicle from any Encumbrances and this amount is greater than the amount you previously informed us about before the purchase date, or if the part exchange vehicle is delivered to us in a worse condition or with an unreasonable increase in mileage, we may nevertheless in our discretion agree with you in a reduced part exchange payment and accept the Part Exchange Vehicle.
5. £250 RESERVATION FEE
5.1 By paying the Reservation fee to come in to purchase a vehicle, you are expressing your intention to purchase. The £250 is non-refundable if you do not turn up at the agreed appointment time to view/test drive the vehicle or change your mind.
5.2 Upon receipt of the reservation fee of £250, we will contact you as soon as possible to guide you through the next steps of purchasing your vehicle. On completion of purchase, the reservation fee will be included against the final purchase price.
6. FIANANCE AGREEMENT
6.1 You may be eligible to pay for your vehicle on finance through our third-party finance providers.
6.2 Personal Automotive Ltd acts as a credit broker and an intermediary for general insurance products but not as a lender.
6.3 Any contractual agreement made between you and the third-party finance provider are your personal responsibility and Personal Automotive & its representatives accept no liability for any issues arising from said agreement.
7. ESTIMATES OF WORKS TO BE CARRIED OUT
7.1 An Estimate from us is considered an approximation of the likely cost of the work and/or Goods. This estimation is generally valid for 7 days from when we send it to you.
7.2 Any estimate is based on the published price for the Goods involved at the date of the estimate. If the manufacturer or other supplier of the Goods changes the published price after the date of the estimate, we will notify you of any consequent increase in the estimate. If the increase will be more than ten per cent (10%) of the total estimate, you may give notice in writing via email personalautomotive@outlook.com within 14 days cancelling this Agreement. If we do not receive your notice of cancellation within this period, the estimate will be amended as proposed and an updated Estimate sent to you via agreed communication methods.
7.3 Special Order Parts: Any special order parts ordered in advance must be paid for in full prior to ordering and shall be non-returnable or refundable in any circumstances. Such parts may also be subject to a handling charge and this will be advised to you in advance of any orders being placed.
7.4 Customer Supplied Parts: We will not warrant or be held responsible for any parts supplied by the Customer, whether new or used. Should such parts cause any damage to the Vehicle, we shall be entitled to charge for any costs incurred, including any labour for their installation and / or removal, and will not be held responsible for any consequential loss or damage whatsoever.
7.5 Unless otherwise agreed in writing, if it appears during progress of the Work that the estimate will be exceeded by more than ten per cent (10%) of the total, we will notify you and will not continue with the Work unless you expressly authorise us to do so in writing.
7.6 If you have left the Vehicle with us for an estimate but have not accepted the estimate or have refused it but have failed to collect the Vehicle, within 48 hours of the date of the estimate or (if later) the date of cancellation, we will charge you £10 per day for the storage of the Vehicle from the end of that period.
8. COMPLETION OF WORK AND PAYMENT
8.1 We will use our best efforts to complete the work or supply your Goods within the time estimate we have given you If, due to circumstances beyond our control, including non-availability of parts or a delay in delivery, it will not be possible for the Work to be completed or Goods supplied as arranged, we will contact you as soon as is reasonably possible to inform you accordingly.
8.2 We will provide written details of the cost of any work required before it is carried out and this shall be agreed prior to commencement of the Work. During the course of the Work, it may become evident that additional parts and / or labour is required. In this event no additional Work will be carried out nor parts ordered without the prior written consent of the Customer. We will inform you immediately and provide an estimate for the additional parts and labour.
8.3 We shall be free to sub-contract all or any part of our obligations under these Terms and Conditions provided that any and all sub-contractors are reasonably skilled in the relevant practices and provided that no additional charges are passed on to the Customer without your prior authorisation. We will be accountable for the quality of the sub-contractors’ work.
8.4 If for any reason we do not carry out the Work in full, we will charge you only for Goods actually supplied or fitted and the labour for any Work actually done.
8.5 We will notify you when the Work is complete and the Goods are ready for collection, and you must pay for the Work and/ or Goods in full upon collection and presentation of our invoice.
8.6 Our invoice shall provide a comprehensive summary of all work done and shall provide full details of all parts and labour including the Price payable therefore
8.7 All work carried out, including any additional work, will be inclusive of VAT
8.8 All payments must be received in cleared funds on or before the date agreed for delivery or collection of the Goods. Please refer to the accepted methods of payment (Bank transfer or debit cards) available from one of our duly authorised representatives. We are entitled to retain the Goods until you have paid for the Work and/or Goods in full.
8.9 If you fail to pay the full amount due and collect the Goods within 48 hours of being notified that the Work is complete and/or that the Goods are ready for collection, you will incur a charge of £10 per day for the storage of the Goods from the end of that period, unless prior agreement has been given in writing by an authorised representative of Personal Automotive Ltd.
8.10 If you fail pay the full amount and collect the Goods after 14 days, then legal action will be taken against you to pay (This would be done in the small claims court) and all costs incurred to do so will be upon you.
8.11 From the due date of payment until the taking of actions set out above any outstanding sums shall incur the statutory late payments interest rate (The Late Payment of Commercial Debts Regulations 2013) until payment in full is made.
8.12 We will retain all parts replaced during any Work done, except for any to be returned under warranty or service exchange arrangements, until the Goods are collected and will be free to dispose of them as we see fit if you do not specifically ask for them when collecting the Goods.
8.13 We have the right to pass on any personal information provided by the Customer to relevant authorities (Data Protection Act 2018) including, but not limited to the DVLA and the police. In the event that the Customer is in breach of these Terms and Conditions, we may also pass on any such information to credit reference agencies and debt recovery agencies.
9. TRANSFER OF OWNERSHIP AND RISK
9.1 The Goods will continue to belong to us until you have paid for them in full. However, you will be responsible for any loss or damage from when the Goods are delivered to you and should take out the requisite insurance accordingly. Payments can be made via bank transfer or debit card.
9.2 Change of Ownership: In accordance with The Roads (Registration and Licencing) Regulations 2002, each of the Vendor (Us) and the Purchaser (You) undertakes to submit or arrange to be submitted the necessary forms to the relevant local authority (DVLA) to notify the local authority of the change of ownership.
10.LOSS, DAMAGE, AND LIABILITY
10.1 We will carry out all works with reasonable care and skill and warrant it will remain free of defects in workmanship for a period of 30 days or 500 miles, whichever occurs sooner, from the date the Work is completed. However, this warranty will not apply if the Vehicle is involved in an accident or if and to the extent that a defect is caused or worsened by your; (a) Failure to promptly inform us of the defect, thus not allowing us to promptly examine the Vehicle and attempt to resolve the defect. (b) Neglecting or Misusing the Vehicle or using or permitting it to be used for Racing, Rallying or Similar Sports. (c) Failing to comply with manufacturer instructions or instructions from us concerning the treatment, maintenance, and care of the Goods or to have it/them serviced in accordance with the manufacturer’s instructions. (d) If you fit the vehicle, or permit it to be fitted, with parts or accessories which have not been approved by the manufacturer or alter the Goods, or permit it/them to be altered, in any manner which has not been approved by the manufacturer.
10.2 Painting work and rust; If the vehicle metal to be painted is rusted, we will take all reasonable precautions to prevent penetrating the paint after completion of the Work but cannot guarantee this will not happen or that the new paintwork will match existing paintwork exactly.
10.3 You must observe the instructions for use, cautionary notices and other technical notices and information we supply you with the Goods.
10.4 Unless set out otherwise below, we limit our liability for any breach or this Agreement (and for any other liability arising out of connected to this Agreement) to the amount you have paid for the Work and/or Goods. We expressly exclude all liability for loss of profit, goodwill, or contracts and for indirect, consequential, or economic loss. The limitations of liability in this section do not apply in cases of fraud, death, or personal injury.
10.5 We will not accept liability for loss or damage to any personal items or items of value not related to the vehicle. You are advised to remove all personal items from the Vehicle prior to the start of the Work.
11.WARRANTY
11.1 Please refer to your warranty documents for terms and conditions.
12.7 DAYS MONEY BACK GUARANTEE
12.1 In addition to your statutory cancellation rights, Personal Automotive Ltd will provide you with a 7-Day Money Back Guarantee from the date of delivery or collection of the vehicle for a period until 17:00pm 7 calendar days later.
12.2 During this 7-Day Money Back Guarantee Period, you may request to cancel your purchase and return the vehicle to us, provided you have not damaged the vehicle or driven more than 80 miles during the 7-Day Money Back Guarantee Period. If you have, we have discretion as to whether to allow the 7-Day Money Back Guarantee or not and we may reject your vehicle return. If you have paid for the vehicle via a third-party finance agreement, you will be responsible for contacting the finance provider directly and inform them that you wish to withdraw from your finance agreement with them.
12.3 If you have paid for the vehicle yourself and not entered into a finance agreement and you wish to exercise the 7-Day Money Back Guarantee, we will refund the purchase price of the vehicle as specified in on your invoice, (excluding the Admin Fee). If you have exceeded the 80 miles drive limit then it is at our discretion to accept the return, or you may be charged £1 for each mile you have driven above the 80 miles limit (calculated against the vehicle’s mileage noted on your invoice receipt or delivery receipt); and the cost to repair any damage to the vehicle while it was in your possession.
13.RETURNED GOODS: PERSONAL AUTOMOTIVE DEDUCTION POLICY
13.1 Money Back Guarantee: In the event that your purchase qualifies for the 7 Days Money back guarantee (Please refer to Section 12 ‘7 Days Money Back Guarantee’). You have an 80-mile test drive limit or 7 days (whichever comes first) which a full refund (Less admin Fee and Additional Expenses) will still be issued if the vehicle is returned. If you have exceeded the 80 miles drive limit within the 7 days, then it will be (at our discretion) to accept the return of the vehicle or subsequent mileage added to the vehicle will be subject to a £1 deduction per mile above the stated 80 miles*.
13.2 Consumer rights return: In the event that you have a valid reason to return the vehicle under your consumers rights, we reserve the right to deduct a reasonable amount of money to cover for fair usage of the vehicle and any failure to keep it in good repair and condition. Our policy is to charge 55 pence per mile (if the mileage is within the 80-mile limit) for each mile covered since the date of sale, along with the cost of any estimate for repairs required due to any damage to the vehicle (e.g., interior, and exterior) that was caused whilst in your possession/ownership. *The 55p is for milage within the 80mile limit, if you exceed the 80mile limit then it £1 per mile above this 80mile limit.
14.CANCELLATION RIGHTS:
14.1 You can cancel your purchase with us at any point before the vehicle is delivered or collected by emailing Personal Automotive Ltd personalautomotive@outlook.com. Please see ‘Section 5’ regarding `Reservation Fees’.
14.2 Distance Sales Agreement (you have not had the opportunity to view, or test drive the vehicle). To cancel your distance sales agreement, you must inform us of your decision to cancel by 17:00pm on the 14th day after delivery or collection of the vehicle was accepted by you. This must be done by by emailing Personal Automotive Ltd personalautomotive@outlook.com.
14.3 Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you have the right to cancel your distance sale agreement within 14 days after delivery or collection of the vehicle without giving any reason.
14.4 If the vehicle value diminished as a result of your use or negligence, we may recover such diminished value from you either directly or we will reduce the value of any refund due by that amount. You are lawfully required to handle and take reasonable care of the vehicle while it is in your possession. If you fail to comply with this obligation, you will be liable to pay for any reimbursement and we may have a right to claim compensation from you.
14.5 If you cancel your Distance Sales Agreement within the 14-day cancellation period from when the vehicle was received and accepted by you, we will refund all payments received for the vehicle (excluding the Admin Fee). However, we are permitted by law to reduce your refund to reflect any reduction in the value of the vehicle, for example, costs associated with mileage you have incurred on the vehicle and the costs to repair any damage that may have occurred during the period in which you were responsible for the vehicle.
14.6 Cancellation is only successful from when the vehicle is returned back to us with all relevant service and legal documentation. When you return the vehicle, it should (a) be without damage or been in an accident, (b) be in the same clean condition you received and accepted in (except reasonable wear and tear, or any mechanical faults that was not cause by yourself), (c) you have not exceeded the 80 miles limit. If you have exceeded the 80 miles drive limit then it is at our discretion to accept the return, or £1 will be deducted for each mile you have driven above the 80 miles limit (calculated against the vehicle’s mileage noted on your invoice receipt or delivery receipt).
15.DISTANCE SELLING AND OFF-PREMISES AGREEMENTS
15.1 If you are a customer of Personal Automotive Ltd and this Agreement has been concluded (a) under an organised distance sales or service-provision scheme without the simultaneous physical presence of you and us, with the exclusive use of one or more means of distance communication up to and including the time at which the Agreement is concluded or (b) in the simultaneous physical presence of you and us, in a place which is not the business premises of us, you have the right to cancel this Agreement within 14 days without giving any reason.
15.2 The cancellation period will expire after at 17:01pm 14 days from the day on which you, or a third party other than the carrier and indicated by you, acquires physical possession of the Goods or in case of a service 14 days from the day of the conclusion of this Agreement. To exercise your right, and cancel your Agreement, you must inform us of your decision to cancel by 17:00pm on the 14th day after delivery or collection of the vehicle was accepted by you. This must be done by emailing personalautomotive@outlook.com.
15.3 If you cancel this Agreement subject to ‘Section 13 and Section 14.1, 14.2’, we will refund you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us), (Please note Admin Fee will also be excluded from the refund).
15.4 If the Goods value is diminished as a result of your use or unnecessary handling by you, we may recover such diminished value from you either directly or by reducing the value of any refund due by that amount.
15.5 We will attempt to make the refund no later than (a) 14 days after the day we receive back from you any Goods supplied, or (b) (if earlier) 14 days after the day you provide evidence that you have returned the Goods, or (c) if there were no Goods supplied, 14 days after transaction, unless you have expressly agreed otherwise; in this case, you will not incur any fees as a result of the refund.
15.6 We may withhold the refund until we have received the Goods back from you.
15.7 If you requested us to begin the work or services during the cancellation period (Section 13 and 14), you will be liable to pay us an amount which is in proportion to what has been performed until you have informed us of your cancellation from this Agreement, in comparison with the full coverage of the Agreement.
15.8 You shall return back the Goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this Agreement to us. The deadline is met if you return the goods before the period of 14 days has expired, or by 17:00pm on the 14th day (Please refer to ‘Section 14.2).
15.9 You will have to bear the direct cost of returning Goods. The cost is estimated at a maximum of approximately £500. You are only liable for any diminished value of Goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of Goods.
16.NOTICES
16.1 Unless stated otherwise in this Agreement. All notices (legal, dispute resolutions), requests, consents, demands and other communications under this Agreement must be given in writing and sent via email to personalautomotive@outlook.com. We will endeavour to acknowledge receipt within 48 hours or the next business day as proof of delivery/receipt. Any notices to us will be written in English and sent via email for the attention of the person to whom it is addressed.
16.2 If sent by post to our registered address, documentation must be sent by Recorded Delivery (signed for) – to ensure proof of delivery and receipt.
17.GOVERNING LAW AND JURISDICTION
17.1 This Agreement shall be governed by the laws of England & Wales and the parties submit to the exclusive jurisdiction of the Courts of England & Wales.
17.2 We may use this information about you now and in the future: (i) to provide you with information on products and services for marketing purposes; (ii) for market research and (iii) tracking of sales data. We may also disclose this information to companies’ collaborating with Personal Automotive Ltd, but we will never sell your information to third party organisations.
18.COMPLAINT AND FEEDBACK PROCEDURE
18.1 Personal Automotive Ltd are committed to providing a high standard of service to you and all our customers. Occasionally we may not live up to our expectations and if this happens, or you are unhappy with the services’ you have received, it is important to let us know so we can improve. We value your feedback and thank you for helping us treat all our valued customers fairly.
18.2 If you wish to give feedback regarding the service you received from Personal Automotive Ltd or make a complaint, please contact us via email: personalautomotive@outlook.com within 28 days of the work being completed.
18.3 The Customer shall give us the opportunity to investigate or resolve any issues before corresponding with any other party. We will not be liable for resolving any mistakes, issues or problems unless all correspondence remains with us until this investigation has been carried out.
18.4 Upon receipt of your complaint, we will:
· Acknowledge receipt of your complaint within 48 hours or the next available business day.
· We will endeavour to resolve all disputes amicably and professionally within a further 15 working days. Should the dispute take longer, we will notify you accordingly.
· Gather information relevant to your complaint to support our investigation.
· Investigate all circumstances of your complaint during the designated period.
After the investigation, if you are still not satisfied, you have the right to contact the Motor Codes’ Code Advisory and Conciliation Service. Please visit AA Cars via ‘https://www.theaa.com/cars/site/complaints’, AA Cars can provide impartial Alternative Dispute Resolution (ADR) service.
All correspondence relating to Personal Automotive Ltd should be sent to our registered address:
Personal Automotive Ltd
Unit 1
Midlands Structure
Bedford, MK42 9JJ
Email: personalautomotive@outlook.com
Telephone: 01923 963733 / 0333 300 2977
Registered in England with Company number 12825521
Updated 01/12/2022