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1.1 These are the terms and conditions on which we supply vehicles ordered on the steveneagell.co.uk website (defined below).
1.2 Please read these terms carefully before you submit your order to us. They tell you about us, how we will provide vehicles to you, how you and we may end the contract and other important information. If you do not wish to order your vehicle online and accept these terms, you can alternatively contact us.
1.3 In these terms:
2.1 We use the Website to sell vehicles to you under these terms and conditions.
2.2 The Website is operated by Steven Eagell Ltd. You can use the Website to select, configure (if applicable) and order a vehicle from us.
2.3 You can also arrange to part-exchange your existing vehicle and could deduct any agreed part-exchange value from the total price of your ordered vehicle or, a part exchange value will be applied directly to any financial deposit that may be required if you enter into a finance arrangement with TFSUK/LFSUK to purchase your ordered vehicle.
2.4 When you order a vehicle through the Website, you can either pay for your vehicle by cash or through a finance arrangement such as the finance options provided by TFSUK/LFSUK that are available on the Website.
2.5 Your contract for the purchase of the vehicle will be with us, not Toyota or Lexus, and you will collect the vehicle from us.
3.Information about us and how to contact us
We may change the vehicle to reflect changes in relevant laws and regulatory requirements and to implement minor technical adjustments and improvements, for example to address a safety defect. These changes will not affect your use of the vehicle.
6. RESERVATION FEE AND DEPOSIT6.1If you place an order for a vehicle through the Website, you must pay:You must make the applicable payment via one of the payment methods required by the Website.
6.2 We will contact you by email when payment is due.
6.3 You will be required to pay for the vehicle in accordance with section 13.
7. PART EXCHANGE
7.1 You may use the Website to arrange the part exchange of your existing vehicle. Any agreed part-exchange value will be deducted from the total price of your purchased vehicle or, the part exchange value will be applied directly to any financial deposit that may be required if you enter into a finance arrangement with TFSUK/LFSUK to purchase your ordered vehicle.
7.2 Our valuation for your existing vehicle will be based on the information you have provided about it and the estimated collection date of your ordered vehicle. If either of these assumptions changes, then we reserve the right to alter the valuation of your part-exchange vehicle. Our part exchange terms and conditions will apply in this regard. You will be informed by us as soon as reasonably possible if any changes are made.
7.3 If there is finance outstanding on your vehicle, we may settle this, and any remaining value will be put towards your deposit. If the outstanding finance is more than the value of your car, you will need to settle it yourself before handover.
7.4 You will need to hand over your part exchange vehicle on delivery or collection of your new car. At the same time, you must give us the logbook (V5 registration certificate), service history, MOT certificate (if applicable) and all sets of keys. You will be notified prior to part-exchanging your vehicle if we require anything in addition to the aforementioned items. When you hand over your vehicle, the title to it will pass to us.
7.5 Our representative will inspect the vehicle before handover. If the condition, mileage or another valuation parameter of the vehicle is not as described by you upon valuation, we will have the right to adjust the value of the vehicle. If this results in a deficit of the amount due to us for your new vehicle, you will be required to make up the shortfall before your new vehicle is handed over to you. We will discuss available options, which may include payment by debit or credit card, or adding the shortfall to your finance (if applicable). Please note, some payment methods can be completed immediately to secure the vehicle (credit or debit card payment). If you choose to add any financial shortfall to a finance agreement, the modified finance agreement may not be reaccepted immediately and could require further underwriting by our lender. This could result in a delay in taking delivery of your purchased vehicle and could incur additional delivery charges if our representative has to return to delivery on an alternative date.
7.6 If you cancel your purchase, your part-exchanged vehicle can be returned to you as long as it has (a) not already been sold/ disposed of and/or (b) would not cause financial detriment to Steven Eagell Ltd
7.7 If you cancel your purchase, Steven Eagell Ltd also reserve the right to return your part-exchanged vehicle to you as long as it has (a) not already been sold/ disposed of and/or (b) retaining the vehicle would cause financial detriment to Steven Eagell Ltd
7.8 In the event of cancellation, we will repay to you the value we assigned to the part-exchanged vehicle as part of your purchase, less any payments we have had to make to clear any outstanding finance. If you originally chose to have the new vehicle delivered to you, rather than to collect it from us, we will not reimburse any delivery costs.
8. Providing the vehicle
8.1 We make no guarantee or commitment as any any handover/collection dates. Such dates will be provided to you at the earliest opportunity after you place your order and are estimates only, subject to our amendment at any time. If our supply of the vehicle is delayed by an event outside 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
8.2 We will contact you to arrange a suitable date and time for collection of your vehicle. We require photographic proof of your identity and address when you collect your vehicle. We will verify these documents on our behalf before your vehicle is released to you.
8.3 If you do not collect the vehicle as arranged we will contact you for further instructions and may charge you for storage costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange collection we may end the contract and section 10.3 will apply.
8.4 A vehicle will be your responsibility from the time when you collect it from us. If you enter into a finance arrangement, you should refer to your finance agreement for your responsibilities for the vehicle such as permitted mileage and servicing.
8.5 If you are paying by any other means you will own the vehicle once we have received payment in full. If you enter into a finance arrangement you may not own the vehicle until you have made all payments under the finance agreement in full including any optional final payment. You should refer to your finance agreement for further details.
8.6 We may need certain information from you so that we can supply the vehicle to you. We will ask you for this information. We will not be responsible for supplying the vehicle late if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
8.7 We may have to suspend the supply of a vehicle t0:
8.8 We will contact you in advance to tell you we will be suspending supply of the vehicle unless the problem is urgent or an emergency. You may contact us to end the contract for a vehicle if we suspend it or tell you we are going to suspend it and we will refund any sums you have paid in advance for the vehicle.
8.9 If you do not pay us any amounts due for the vehicle when you are supposed to and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the vehicle until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the vehicle. We will not suspend the vehicle where you dispute the unpaid invoice. We will not charge you for the vehicle during the period for which they are suspended. As well as suspending the vehicle we can also charge you interest on your overdue payments.
9. Our rights to end the contract
9.1 If you enter into a finance arrangement your finance provider will have rights to terminate the finance agreement. You should refer to your finance agreement for your finance provider’s rights to terminate it and the impact on your order.
9.2 We may end the contract for a vehicle at any time by writing to you if:
10. Your rights to end the contract
10.1 Your rights when you end the contract will depend on whether there is anything wrong with the vehicle, whether we have done anything wrong, when you decide to end the contract and whether you have entered into a finance agreement.
10.2 Ending the contract if you have entered into a finance agreement.
10.2.1 If you change your mind about an order for a vehicle that you have placed online in respect of which you had agreed to enter into a finance agreement, you can cancel your order at any time before you sign the finance agreement. Please contact us as soon as you change your mind about the vehicle or finance agreement. You will not be charged for the vehicle and any money that you have paid by way of reservation fee will be refunded (as further described in section 7 above).
10.2.2 If you cancel the contract for a vehicle, any ancillary consumer credit finance agreement that you may have entered into with TFSUK/LFSUK may end automatically under the Consumer Contracts Regulations 2013.
10.2.3 If you enter into a finance arrangement you should refer to your finance agreement for your rights to withdraw from the finance agreement and the impact on your order.
10.3 Ending the contract if you have not entered into a finance agreement.
If you are ending a contract for a reason set out at sections 10.3 to 10.5 below the contract will end immediately and we will refund you in full for any vehicles which have not been provided. The reasons are:
10.4 Exercising your right to change your mind, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
10.5 If you have not entered into a finance agreement, ending the contract where we are not at fault and there is no right to change your mind.
Even if we are not at fault and you do not have a right to change your mind, you can still end the contract before it is completed, but you may have to pay us compensation. The contract is completed when the vehicle is collected. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us in accordance with section 11 and to let us know. The contract will end immediately on receipt of your cancellation request, and we will refund any sums paid by you for the vehicle 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 your ending the contract.
10.6 Our Goodwill Guarantee
Some of the vehicles we sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the vehicle. Our manufacturer's guarantee is in addition to, and does not affect, your legal rights and remedies in relation to vehicles that are faulty or not as described.
11. How to end the contract with us (including if you have changed your mind)
11.1 This section 11 applies if you have not entered into a finance agreement. If you enter into a finance arrangement your contract to purchase the vehicle is likely to be with the finance provider. You should refer to your finance agreement for how to withdraw from the finance agreement.
11.2 To end the contract with us, you must inform us of your decision to cancel the contract by a clear statement including your details, vehicle registration and supplying dealership location (sent by email) within 14 days. Please email us at vehiclereturn@steveneagell.co.uk to formally notify the return.
11.3 If you end the contract for any reason after a vehicle has been collected from us, you must return it to us at your cost. If you are exercising your right to change your mind you must return the vehicle to us within 3 days of telling us you wish to end the contract..
11.4 The return is conditional upon any outstanding finance being settled by you.
11.5 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.
11.6 If you are exercising your right to change your mind, we may reduce your refund of the price to reflect any reduction in the value of the vehicle, if this has been caused by your handling of it. Additionally, a charge of £1.00 per mile will be charged over the first 100 miles covered. If we refund you the price paid before we are able to inspect the vehicle and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount. Further, we reserve the right to charge the actual costs for undoing any modifications or customisations to the vehicle that you have requested.
11.7 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 or, if earlier, the day on which you provide us with evidence that you have provided the vehicle back to us.
12. If there is a problem with the vehicle
12.1 If you have any questions or complaints about the vehicle, please contact us. You can telephone our customer service team at the dealership or write to us at feedback@steveneagell.co.uk to request a copy of our complaint procedure. If you enter into a finance arrangement, we may involve or refer your question or complaint to your finance provider.
13. Price and payment
13.1 When you order a vehicle through the Website, you will be provided with information about the price of your vehicle (which includes VAT) at different stages of the order process. If, through the course of ordering your vehicle, you add certain optional features to your selected vehicle, the price of such optional features will be added to the vehicle price.
13.2 Where you order a vehicle through the Website, you may pay for your vehicle by cash or through a finance arrangement such as any finance package available through the Website.
13.3 If the rate of VAT changes between your order date and the date we supply the vehicle, we will adjust the rate of VAT that you pay, unless you have already paid for the vehicle in full before the change in the rate of VAT takes effect.
13.4 The price displayed on the website is for information only. Despite our best efforts, some of the vehicles on the Website may be incorrectly priced. We will check prices before accepting your order so that, where the vehicle’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the vehicle’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
13.5 If you are paying:
13.5.1 by cash, we accept payment with the methods specified on the Website. You must pay for the full purchase price in cleared funds by the date specified by us; or
13.5.2 by means of a finance arrangement, you must comply with all applicable pre-collection terms of the finance agreement such as any requirement for the payment of a deposit, by the date specified by us
14. Our responsibility for loss or damage suffered by you
14.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
14.2 We are not liable for business losses. We only supply the vehicles for domestic and private use. If you use the vehicles for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15. Distance Selling
15.1 If, and only if, the Customer has acted as an individual (including sole traders) acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession and this Agreement has been completed without any face-to-face contact between us and you, or anyone acting on your or our respective behalf, you may give notice to cancel this Agreement within 14 days without giving any reason.
15.2 This cancellation period will expire 14 days after the day on which you, or a third party on your behalf, takes delivery or otherwise acquires physical possession of the Goods. To exercise this right to cancel, you must inform us of your decision to cancel this Agreement in writing by clear statement (e.g. a letter sent by post, fax or email) to our address as set out overleaf. You may use the attached model cancellation form if you wish.
15.3 To meet the cancellation deadline, it is sufficient for you to send your communication confirming your exercise of the right to cancel before the cancellation period has expired.
15.4 If you cancel this Agreement, we will reimburse to you all payments received from you under this Agreement, without undue delay, and not later than 14 days after the day on which the we receive the Goods back; or (if earlier) 14 days after the day you provide evidence that you have returned the Goods; or If there were no Goods supplied, 14 days after the day on which we are informed about your decision to cancel this Agreement.
15.5 We will make the reimbursement using the same means of payment as you have used for the initial transaction, unless you have expressly agreed otherwise, but in any event, you will not incur any fees as a result of the reimbursement.
15.6 We may withhold reimbursement until we have received the Goods back or you have sent evidence of having sent back the Goods to us, whichever is the earliest. You should send back the Goods or deliver them back to us at the address shown overleaf, without undue delay and in any event not later than 14 days after the day on which you communicate your cancellation of this Agreement to us.
15.7 This deadline is met if you send back the Goods before the period of 14 days has expired. We will require that you bear the cost of returning the Goods to us.
15.8 You must take reasonable care of the Goods and will be responsible for any loss or damage from when they are delivered to you until when they are returned to us.
15.9 You are liable for any diminished value of the Goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Goods.
16. How we will use your personal information
16.1 We will collect personal information from you for the provision of this contract. Such personal information will only be shared with third parties in connection with the provision of this contract, including Toyota and Lexus. This information will be stored for 15 years from when you collect the vehicle. For further details on how we use personal information and your rights, please see our Privacy Policy at https://www.steveneagell.co.uk/privacy
16.2 If you apply for and enter into a finance arrangement with TFSUK/LFSUK, TFSUK will use your personal information as set out in its Privacy Notice. TFSUK’s Privacy Notice will be provided to you during your application and sale transaction process for its finance package.
17. Other Important Terms
17.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
17.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, you may transfer our guarantee to a person who has acquired the vehicle. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the vehicle.
17.3 Nobodyelse has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
17.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
17.5Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the vehicles, we can still require you to make the payment at a later date.
17.6Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the vehicles in the English courts. If you live in Scotland you can bring legal proceedings in respect of the vehicles in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the vehicles in either the Northern Irish or the English courts.
17.7Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled anycomplaint, you may want to contact the alternative dispute resolution provider we use.
ANNEx -Cancellation form
To: Steven Eagell Ltd.
Email to: vehiclereturns@steveneagell.co.uk
I/we hereby give notice that I/we cancel my/our contract of sale of the following goods,
Ordered on:
Received on:
Supplier Branch Location:
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date