LOOKERS STANDARD TERMS AND CONDITIONS OF CONTRACT (“Conditions”)
In these Conditions, the following definitions apply:
“Company” means the legal entity identified on the relevant completed Order Summary as the contracting party and which in all cases is a member of the Lookers Group of companies. Where policies and processes of the Company are referenced, it shall mean the policies and processes of the Lookers Group of companies. Any memberships/accreditations referenced include those of Lookers Motor Group Limited and/or Lookers Limited. References to “we”, “us” and “our” shall mean the member of the Lookers Group with which the Customer is contracting.
“Customer” means the person or persons whose details have been entered as the Customer and are shown on the relevant completed Order Summary or application for finance, as the case may be, and references to “you” and “your” shall mean the Customer.
“Finance Check” Means a credit check, hire purchase investigation check or any other check related to the Customer’s access to funding for the purchase of a Vehicle or sale of a Used Vehicle where there is Outstanding Finance.
“Inspection” in the case of vehicles acquired by Lookers, our physical inspection of a Customer’s Vehicle in accordance with Condition 2.2.
“Lookers Group” means Lookers Motor Group Limited, any subsidiary of Lookers Motor Group Limited, any holding company of Lookers Motor Group Limited and any subsidiary of any holding company of Lookers Motor Group Limited, in each case for the time being, and “member of the Group” shall be construed accordingly.
“Offer” our offer to purchase a Customer’s vehicle in accordance with these Conditions.
“Order Summary” the summary of your order placed via your account on our website setting out the details of the relevant transaction including full description of the relevant Vehicle, goods and/or services to be purchased and/or sold. No contract is formed between the Customer and the Company until the Order Summary has been accepted and securely confirmed in writing by you and the Company.
“Outstanding Finance” means any outstanding finance, loan or funding provided by a third party in respect of a Vehicle.
“Total Price” means the price of a Vehicle together with any ancillary goods or services as set out in the relevant Order Summary.
“Used Vehicle” means a Vehicle that has had at least one previous registered keeper prior to its sale to the Customer. This includes pre-registration (i.e., Vehicles previously registered to the Company), demonstrator or “nearly new” Vehicles. It also includes a vehicle previously registered to the Customer or a third party for whom the Customer is acting that is sold to Lookers.
“Valuation” our estimate of the value of a Vehicle generated via the Valuation Tool in accordance with Condition 2.1
“Vehicle” means a vehicle sold by the Company to the Customer as specified in the Order Summary or, as the case may be, a vehicle acquired from the Customer by Lookers as specified in the Order Summary. This may be a new vehicle or a Used Vehicle.
“in writing” includes by secure electronic communications, and shall include by secure/authenticated electronic means, facsimile signature, signature on a laptop or hand held device or by click-through acceptance recorded on a website or relevant online platform. Confirmation in writing by Lookers shall include by email to the Customer’s given email address and/or message/notification sent via the Customer’s authenticated online account.
IMPORTANT NOTICE – RESTRICTION WHEN ORDERING NEW VEHICLES
We are not able to sell a new Vehicle to any person or business who intends to sell the Vehicle for commercial resale purposes. By signing the Order for a new Vehicle, you confirm that you are ordering that Vehicle for your own use only.
Section 1 - where you (as the Customer) are purchasing a Vehicle from us: -
1. Price and Payment
1.1 The price of the Vehicle will be the Total Price as set out in the Order Summary, subject to clause 1.2 below. Unless otherwise stated, all prices exclude VAT and assume that delivery to the Customer will be made at the Company’s premises as stated in the Order.
1.2 The Company reserves the right at any time to increase the Total Price if a price increase is imposed on the Company by a manufacturer or supplier, or to change the specification of the Vehicle where the manufacturer or supplier imposes such a change on the Company. In such circumstances the Customer has the right to cancel under Condition 6.3 below.
1.3 Unless otherwise agreed in writing, the Customer must pay the Total Price in full before delivery of the Vehicle, and in any event within 14 days of notice from the Company that the Vehicle is ready for delivery. Non-payment of the Total Price shall entitle the Company, in addition to any other legal remedies, at its option, to:
(a) retain the Vehicle until payment is received in full and charge a storage charge of £36 (including VAT) per day (to reflect the reasonable cost of insurance, administration, and any reduction in amenity) during such period where the Vehicle is retained; and/or
(b) cancel this agreement or to treat the same as being repudiated and (subject to the Company being obliged to reasonably mitigate its loss) recover from the Customer all resulting loss and damage arising from non-payment of the Total Price, for example depreciation and loss of profits; and/or
(c) charge the Customer interest at 2.5% p.a. (calculated on a daily basis) over NatWest Bank’s base rate from the date on which payment becomes overdue until the date on which payment is made in full; and/or
(d) recover from the Customer the Total Price and the interest referred to in clause 1.3 (c) even though the Vehicle has not been delivered or title to the Vehicle passed to the Customer (provided that the Vehicle shall be delivered once the Total Price and interest has been recovered).
1.4 The deposit specified in the Order Summary must be paid or settled before or when the Customer places the relevant order with the Company. The Company will confirm the details in the Order Summary but will not be bound by any order submitted without the deposit having been paid and whether or not an Order Summary has been issued and confirmed, the relevant order may be cancelled at any time before the deposit is paid.
1.5 Any amounts owing and/or recoverable from the Customer under Condition 1.3 may at the Company’s discretion be deducted from any deposit paid by the Customer.
1.6 The Customer always has primary responsibility for paying the Total Price of the Vehicle (subject to Condition 2.5 below where the Vehicle is obtained on finance).
1.6 All reference to payment means cleared funds in the Company’s bank account.
1.7 if the Company has agreed to buy your Used Vehicle and it is not being part-exchanged for a new Vehicle, the Company will pay the agreed Offer price by transfer to the bank account nominated by you, normally within 3 days of the day on which you provide those bank details. The Company is not liable for any delay or failure to make such payment caused by (a) events outside our control; (b) your breach of any Condition or the specific conditions set out in an Order Summary, (c) any inaccuracy in the bank details you have provided.
Section 2. Where you are selling your Used Vehicle to us and/or funding part of the Total Price of a Vehicle by part exchange of your Used Vehicle
2.1 Using the Valuation Tool
2.1.1 You may use our online Valuation Tool to obtain an estimate of the likely value of your Used Vehicle and the value that we may offer for that vehicle.
2.1.2 In using the Valuation Tool you acknowledge and agree as follows: -
(a) the Valuation is an estimate only and does not constitute an offer from the Company to purchase or part exchange your Used Vehicle.
(b) the Valuation is valid for up to 7 days.
(c) the Valuation Tool relies on the information in relation to your Used Vehicle that you provide to us, in particular the age, manufacturer, date of manufacture, version, trim, specification, mileage, service history, current condition, and any modifications to the Used Vehicle, being true, accurate and complete.
(d) the Valuation will assume that you are the sole owner of the Used Vehicle and have been the sole owner for a minimum of 6 months, that you have the unrestricted right and title to sell the Used Vehicle and that, unless you include details as set out in Condition 2.5 of any existing third party funding arrangements, no third party has any right, title to or interest in your Used Vehicle.
(e) the Valuation assumes that the Used Vehicle to be sold/part-exchanged satisfies the following conditions: -
(i) it has a valid MOT certificate with at least 6 months before expiry.
(ii) it is in good condition with no major damage to exterior or interior beyond reasonable wear and tear commensurate with its age and mileage.
(iii) it is in good working order with a functioning engine that can start and runs without difficulty and that there are no major mechanical faults or damage.
(iv) it is right-hand drive and has non-personalised UK registration number plates (or if it has personalised number plates, that those plates will not be removed before the vehicle is transferred to us);
(v) it includes a full service history.
(vi) it has never been written off as a total insurance loss by any insurance provider; (vi) it has not been used for private hire, rental or other commercial purposes.
(vii) two sets of original working keys will be provided with the Used Vehicle if it is purchased by us.
2.1.3 any data provided by you to us using the Valuation Tool may be shared with third parties and other members of our Group to determine the market value of the Used Vehicle and/or for carrying out a Finance Check or other relevant searches. By providing data, you consent to our using your data for such purposes.
2.1.4 any Valuation provided via the Valuation Tool is our estimate of the value of your Used Vehicle based on the information you have provided in the context of a transaction or potential transaction between you and us. We do not warrant that the Valuation is an accurate estimation of the market value of your Vehicle.
2.2 Vehicle Inspection, Offer and Acceptance
2.2.1 Once you have obtained a Valuation we will contact you to arrange a physical Inspection. This will normally be at a designated dealership operated by the Company or, if prearranged and subject to your reimbursing our reasonable attendance costs, at your own premises.
2.2.2 If, following Inspection, the Company agrees (a) to purchase your Used Vehicle and/or (b) to part of the Total Price for a new Vehicle that you are buying being paid by way of a part exchange the Company will confirm the price or part exchange allowance value, as the case may be, that it is willing to pay by sending you a written Offer. The Offer is calculated at our discretion and may differ from the Valuation. The Offer will remain open and capable of acceptance for 1 hour starting from the time at which it is communicated to you (whether via email, or via your account on our website or in person at one of our dealerships) and shall, unless accepted in accordance with this Condition 2.2 automatically expire at the end of that hour. The Offer may be revoked at any time before it is accepted in writing by the Customer or has expired. The Offer is subject to these Conditions and any specific additional conditions agreed at the time of the Offer and/or contained in the Order Summary.
2.2.3 Acceptance of the Offer must be in writing (which includes by means of the confirmation mechanism on our website or by email or delivered by hand at one of our dealerships). An Order Summary will be issued setting out any specific terms and incorporating these Conditions, to be accepted by each of the Customer and the Company. The agreement between us is not formed until an Order Summary has been issued and accepted by both parties (and, where a deposit is payable, that the deposit has been paid).
2.2.4 if the sale of your Used Vehicle is not completed (which in normal circumstances means the date on which we take possession of your Vehicle and/or title to your Vehicle passes unconditionally to us) within 30 days of acceptance of the Offer, we reserve the right to reduce the Offer Price for your Used Vehicle or to cancel the agreement if there is a material adverse change to the market value of your Used Vehicle for whatever reason. In such circumstances, we will notify you in writing of the reduction and if applicable of any revised Offer. You may accept the revised Offer in accordance with Clause 2.2.2 and 2.2.3 or you may, within 7 days of receiving notice of the change, cancel the agreement to sell your Used Vehicle to us provided you notify us of the cancellation in writing.
2.3 Delivery of your part-exchange/Used Vehicle to us.
2.3.1 Once the Offer is accepted in accordance with Condition 2.2 the Used Vehicle must be delivered to the Company together with: -
(a) its service history, ownership form logbook (V5C) and current MOT test certificate;
(b) all sets of keys and
(c) any spare tyre, locking wheel nut and other accessories.
The Customer is responsible for removing all personal possessions from the Used Vehicle before delivery and the Company has no liability for any items left in the Used Vehicle once it has taken possession of it.
2.3.2 The Customer represents and warrants as at the date of delivery of the Used Vehicle to the Company that the details and statements made by the Customer in the information submitted via the Valuation Tool and/or the Order remain true and accurate and that the Used Vehicle is in substantially the same condition and substantially of the same mileage as at the date of its Inspection.
2.3.3 Title to the Used Vehicle passes on delivery of the Used Vehicle to the Company or on payment of the agreed Offer price, whichever is earlier. Risk in the Used Vehicle passes on delivery to the Company at its nominated premises, subject to Condition 4.3. If it is a part-exchange, the Used Vehicle must be delivered to the Company on or before the Customer collects or takes delivery of any new Vehicle for which it has been offered in part-exchange.
2.3.4 If the Customer is unable to fulfil Conditions 2.3.1 and 2.3.2, the Company shall be entitled (but not obliged) to cancel this agreement and to recover all resulting loss and damages (including depreciation and lost profits) from the Customer. The Company shall be entitled to deduct such loss and damage from any deposit paid by the Customer for a new Vehicle.
2.4.1 Where a Used Vehicle has been provided in part exchange for a new Vehicle and this agreement is cancelled, whether under Conditions 3, 5 or 6 or under any other rights that the Customer (or the Company) has to cancel the agreement, then by way of refund of the part of the value paid by providing the part exchange Used Vehicle the Company will at its discretion either:-
(a) return the Used Vehicle to the Customer; or
(b) pay the amount of the part exchange allowance (being the value of the part exchange Used Vehicle less any part of that value already paid out to the Customer (or another party on the Customer’s behalf)) to the Customer as part of the refund.
2.4.2 Where the Company has carried out work on the part exchange Used Vehicle between receiving it and the cancellation of the agreement the part exchange Used Vehicle will not be returned unless (a) the Company opts to do so, (b) the Customer agrees to the Company exercising this option and (c) the Customer agrees to pay the Company’s reasonable charges for the work carried out (and any parts fitted) in full. In any other case the refund method described in Condition 2.4.1 will be used.
2.5 Finance Purchases
2.5.1 If the Customer wishes to obtain finance for and/or purchase a Vehicle through a third party (i.e., a finance company) then, unless Condition 2.5.4 below applies, such an arrangement will not affect the Customer’s obligations under this agreement even if the Company acts as the third party’s agent in respect of such arrangements.
2.5.2 When using the Valuation Tool, you as the Customer must inform us if your Used Vehicle is subject to any Outstanding Finance and provide details of the settlement amount. We may settle any Outstanding Finance as part of our Offer (from the amount set out in the Offer). Where we agree to settle Outstanding Finance you will: -
(a) remain fully liable to the relevant third-party funder until the Outstanding Finance has been settled by us and the related credit/finance agreement has been terminated; and
(b) sign, execute and provide all documents, deeds and assistance necessary to enable the Company to settle the Outstanding Finance, including providing us with authority to liaise and deal directly with the relevant third-party funder.
2.5.3 The Company may accept a part exchange Used Vehicle subject to any financial charge or lien disclosed by the Customer. The part exchange allowance shall take into account any payment necessary to release the part exchange Used Vehicle from such charge or lien provided that if the outstanding liability exceeds that disclosed to the Company, the part exchange allowance shall be so reduced and/or the amount of the excess shall immediately become due and payable to the Company.
2.5.4 If any finance to purchase a Vehicle consists of a conditional sale agreement, hire purchase agreement or other finance agreement where the title to the Vehicle is transferred to the finance company then the Company shall, at the request of the Customer and upon entering into a sale agreement with the finance company, transfer the title to the Vehicle to such finance company PROVIDED THAT, if required by the finance company, the Customer has obtained fully comprehensive insurance for the Vehicle. The Company shall, on the Customer’s behalf, account for the part exchange allowance and any deposit paid under this agreement to the order of the finance company. In such circumstances, the Customer’s contract for the purchase of the Vehicle shall be with the finance company, and regard should be had to that contract for the terms applicable to the sale.
2.5.5 In return for the Company agreeing to sell a Vehicle to the finance company the Customer agrees that Conditions 3.1, 4.1, 4.2, 5, 6, 7, 8 and 9 of this agreement shall remain applicable (save that reference to the agreement are references to the agreement as contained in and amended by this Condition). Any withdrawal from or cancellation of the finance agreement shall not affect this agreement unless expressly agreed in writing at the time of withdrawal or cancellation.
3.1 Specification and Warranty
3.1.1 Subject to Condition 2.1, the specification of the Vehicle shall be as set out in the Order Summary. The Company is under a legal obligation to supply the Vehicle and any other goods in conformity with this agreement.
3.1.2 A new Vehicle is sold with such warranty and/or guarantee as is provided by the manufacturer of the Vehicle, and the Customer hereby agrees to be bound by any conditions attaching to such warranty and/or guarantee. Details about the warranty and/or guarantee will be provided to the Customer before entry into the agreement.
3.1.3 The Customer may purchase additional guarantees and/or warranties with their Vehicle as set out in the Order Summary. The Company will provide the Customer with details of any purchased guarantees or warranties before entry into the agreement.
3.1.4 Where the Customer deals as a consumer or is a consumer (as defined in applicable legislation), the Customer may have the benefit of any additional protection under such legislation. Subject to this and to Condition 3.1.6, the Company makes no other warranty or representation regarding the Vehicle, including without limitation its suitability for the Customer, its quality, performance or characteristics, its insurance status and/or whether it qualifies for third party financing. All other conditions, warranties, stipulations, representations and statements whether express or implied by statute at common law or otherwise howsoever relating to the Vehicle are hereby excluded to the fullest extent permitted by law.
3.1.5 Except as set out in Condition 3.1.6 the Company shall not be liable to the Customer or any third party for any direct or indirect loss whatsoever arising out of or in connection with the supply of the Vehicle or its use by the Customer or any third party. In particular but without limitation the Company shall not be liable for claims for loss of amenity, loss of profit, loss of opportunity, loss of earnings or any consequential loss. The Company shall not be liable to the Customer or be deemed to be in breach of this agreement by reason of any delay or failure to perform any of the Company’s obligations in relation to the Vehicle, if such delay was due to any cause beyond the Company’s control.
3.1.6 The Company does not exclude or limit in any way our liability when it would be unlawful to do so. This includes liability for death or personal injury caused by the Company’s negligence, for fraud or fraudulent misrepresentation.
3.2 Prohibition on commercial resellers
This Condition 3.2 applies in circumstances where the Vehicle being ordered by the Customer is a new Vehicle. The parties acknowledge and agree to the following:
3.2.1 the Company is not able to sell a new vehicle to any person or business who intends to sell the new vehicle for commercial resale purposes. Accordingly, by placing the order and confirming the Order Summary the Customer confirms that they are not a commercial reseller and are ordering the Vehicle for their own use only.
3.2.2 if, before the Customer takes possession of the Vehicle, the Company, acting reasonably, either believes or becomes aware that the Customer is a commercial reseller or has ordered the Vehicle with the intention of reselling commercially within the first 6 months following delivery of the Vehicle, the Company will be entitled to cancel the agreement (this right to cancellation is without prejudice to any other right the Company may have to cancel the agreement) without incurring any liability to the Customer. In these circumstances, the Company will no longer be under any obligation to supply the Vehicle to the Customer, any deposit or other sum paid by the Customer to the Company shall be refunded and, if a part exchange Used Vehicle has been provided, Condition 2.4 will apply.
3.2.3 If after the Customer has taken possession of the Vehicle the Company has evidence that the Customer has ordered the Vehicle for commercial resale purposes or with the intention of reselling commercially within the first 6 months following delivery of the Vehicle, the Customer will fully indemnify the Company on demand for all losses, liabilities, fines, costs, expenses, claims and proceedings that the Company suffers or incurs as a consequence of the Customer’s breach of the customer restrictions on commercial resale. For the avoidance of doubt, this will include, but is not limited to, all losses, liabilities, fines, costs, expenses, claims and proceedings that the Company suffers or incurs as a result of the Company being in breach of any contractual obligations it owes to any manufacturer or supplier as a direct or indirect result of the Customer ordering the Vehicle for commercial resale purposes.
4. Delivery/ Risk/ Title to new Vehicles
4.1 Unless we have expressly agreed with you that delivery shall be to your residential address or other designated location, the Company shall make the Vehicle available for collection at the Company’s premises indicated on the Order Summary. Any dates/times quoted for delivery/collection are approximate only, but the Company will seek to make the Vehicle available for collection or deliver the Vehicle on the quoted collection/delivery dates and times or within a reasonable time after that date and time. The Company will notify the Customer if there is a delay in collection/delivery or if there are issues with delivery to the agreed location. Any delivery charges will be as stated in the Order Summary, provided that the Company may make an additional charge to cover the reasonable cost of changes to delivery, location or method requested by the Customer after the Order Summary has been confirmed or due to events beyond the Company’s control not known at the date of issue and confirmation of the Order Summary.
4.2 In addition to any other remedy contained in this agreement, the Company may levy storage charges of £36 (including VAT) per day (to reflect the reasonable cost of insurance, administration and any reduction in amenity) after having given reasonable notice to the Customer that the Vehicle is ready for collection if the Customer fails to collect the Vehicle or if, having taken delivery or collected the Vehicle, the Customer returns it to the Company’s premises in circumstances where they are not exercising a legal right to do so under these Conditions or by law.
4.3 Ownership of the Vehicle will pass to the Customer upon the Total Price being paid in full to the Company for the Vehicle in cleared funds. Risk in the Vehicle shall pass to the Customer on payment of the Total Price and will remain with the Customer for any period during which the Vehicle remains at the Company’s premises after ownership has passed and/or for any period in which the Vehicle has been returned without cause or is awaiting collection or return following a cancellation. The Company accepts no liability for such Vehicle unless any loss or damage is a direct result of the Company’s negligence.
5. Cancellation where there is a change of Price or other manufacturer/supplier issues
5.1 The Company or the Customer has the right to cancel this agreement within 14 days of receipt of notification from a manufacturer or supplier of:
(a) any price increase of the Vehicle; and/or
(b) any change in the specification of the Vehicle to the detriment of the Customer; and/or
(c) any expected delay in delivery of more than 30 days from the estimated or quoted collection or delivery date.
5.2 The Company shall have the right to cancel this agreement within 14 days of receipt of notification from a manufacturer or supplier that the manufacturer or supplier is not able to supply the Vehicle, in which event it shall notify the Customer in writing of such cancellation.
5.3 The Customer has the right to cancel this agreement within 14 days of receipt of notification from the Company that any of the circumstances described in Condition 5.1 have occurred.
5.4 Where the Customer has purchased the Vehicle as a consumer via a distance contract, the Customer may have additional cancellation rights. Further details are set out in Condition 6.
5.5 The rights of cancellation set out in this Condition 5 and Condition 6 are cumulative. Customers may therefore have more than one right to cancel.
5.6 If the agreement is cancelled under Condition 5 before delivery of the Vehicle, any deposit or other sum paid by the Customer to the Company shall be refunded. If a part exchange Used Vehicle was provided, Condition 2.4 will apply. The Company shall not otherwise be liable to the Customer for any cancellation.
6. Additional Right of Cancellation where the sale is a “distance sale”
6.1 The law provides certain Customers with additional rights if the following conditions are met:
(a) the Customer is an individual (i.e., not a company or a partnership)
(b) the Customer is acting for purposes which are wholly or mainly outside of the Customer’s trade, business, craft or profession (i.e., not acting wholly or mainly for business purposes)
(c) the Customer has not entered into this agreement in the presence of an employee or representative of the Company (e.g., it is entered into over the telephone, online or by email) and without there having been a prior face-to- face meeting with an employee/representative of the Company (other than a meeting which occurred at a dealership/business premises which the Customer visited purely for information gathering purposes and where there was no negotiation about a sale); and
(d) Condition 2.5 (Finance Purchases) does not apply.
If the Customer is in any doubt as to whether this Condition 6 applies, please contact the Company – contact details are shown at the end of these Conditions.
6.2 If these conditions are met the Customer has the legal right to cancel this agreement for any reason within 14 days from the day on which the Customer (or a third party, other than the carrier, identified by the Customer as entitled to take possession of the Vehicle) acquires physical possession of the Vehicle.
6.3 To exercise this cancellation right the Customer must clearly inform the Company of their decision to cancel by writing to, emailing, or telephoning the Company using the contact details provided in these Conditions. To be effective the communication must be sent or made before the end of the 14-day cancellation period, but it does not have to be received before the end of the cancellation period. If you are exercising your right of cancellation as a consumer in accordance with Condition 6 you may (but do not have to) use the form below.
To: Customer Service and Complaint Resolution Team, Lookers House, 3 Etchells Road, West Timperley, Altrincham, WA14 5XS,
Tel: 0191 298 1425
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*] / for the supply of the following service [*],
Ordered on [*]/received on [*],
Name and address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate.
6.4 If the Customer exercises the right to cancel the Company will reimburse all payments received for the relevant cancelled goods or services. The Company may make a deduction from the reimbursement for any loss in value of the Vehicle or other goods supplied if the loss is because of unnecessary handling by the Customer (see Condition 6.10).
6.5 Any reimbursement will be made not later than 14 days after the day the Company receives back from the Customer any Vehicle supplied or (if earlier) 14 days after the day the Customer provides evidence that the Customer has returned the Vehicle.
6.6 The Company will make reimbursement using the same means of payment as the Customer used for the initial transaction unless the Customer has expressly agreed otherwise.
6.7 The Customer will not incur any fees as a result of any reimbursement (other than any deduction as referred to in Conditions 6.4 and 6.10).
6.8 Where the Customer has partly paid for the Vehicle by way of a part exchange Used Vehicle and this agreement is cancelled Condition 2.4 applies.
6.9 Where the Customer cancels this agreement after taking possession of the Vehicle the Customer must arrange to return the Vehicle to the Company. The Customer shall send back the Vehicle or hand it over to the Company without undue delay and in any event not later than 14 days from the day on which the Customer communicates its cancellation of this agreement to the Company. The deadline is met if the Customer sends back the Vehicle before the period of 14 days has expired, even if the Company does not receive it within that period. If the Customer drives the Vehicle back to the Company, the only cost to the Customer shall be the cost of any fuel put in the Vehicle to be able to return it.
6.10 The Customer is entitled, having received the Vehicle, to handle it to the extent reasonably necessary to establish its nature, characteristics, and functioning (for example, the Customer may handle the Vehicle to the extent that would be regarded as reasonable if examining goods in a shop or showroom). The Company will inspect the Vehicle on its return. There will be no deduction from a refund under this Condition 6 for loss of value caused by handling that is reasonable. If the Customer handles the Vehicle in a way that goes beyond what is reasonable (“excess handling”), the Company is entitled to recover from the Customer by way of a deduction from any refund the amount by which the value of the Vehicle has been reduced by that excess handling. As a guideline, once the Vehicle is delivered to the Customer the Company will normally consider driving a Vehicle further than 230 miles in total, or any changes to the interior or exterior appearance or condition of the Vehicle that are visible from an Inspection, as excess handling.
7.1 We may update these Conditions at any time and from time to time to take account of changes in law, regulation and/or good practice or to incorporate any additional features or services. You are responsible for ensuring that you have read, considered and understand the Conditions applicable to any agreement between any member of the Lookers Group and yourself. We remind you that if, while accessing our online services and/or our website, there is a delay between your first being invited to review these Conditions and the completion of any agreement with the Company, these Conditions may have been updated. In such circumstances the most recent version in force at the date and time of the agreement (which you will be invited to review and accept before the relevant order is confirmed) will apply.
7.2 Even if we delay enforcing these Conditions, or waive our rights or remedies on any occasion, this will not stop us relying on the relevant Condition in future or release you from your obligations. No waiver is effective unless it is confirmed by us in writing.
7.3 A person who is not a party to this agreement shall not have any rights under or in connection with it.
7.4 Any variation to the agreement formed by these Conditions and the Order Summary, including the introduction of any additional terms and conditions, shall only be binding when agreed in writing and signed by a director or senior manager of the Company.
7.5 Each Condition operates separately. If any court or other competent authority decides that any part of this agreement is void or unenforceable the rest will continue in force.
7.6 If the Customer is resident in England or Wales (or any other country except Scotland or Northern Ireland), the construction validity and performance of this agreement and all matters pertaining thereto shall be governed in all respects by English law. This means this agreement and any dispute or claim arising out of or in connection with it will be governed by English law and the Company and the Customer both agree that the courts of England and Wales will have non-exclusive jurisdiction. If the Customer is a consumer and is resident in Northern Ireland, the laws of Northern Ireland apply and the Customer or the Company may bring proceedings in Northern Ireland. If the Customer is a consumer and is resident in Scotland, the laws of Scotland apply, and the Customer or the Company may bring proceedings in Scotland.
8. Use of Lookers’ websites and Lookers Privacy Notice
9. Complaints and Codes of Conduct
9.1 If you have any complaints about the service that you have received, or any goods (including any Vehicle) that you have purchased from the Company, please contact the Lookers Customer Service and Complaint Resolution Team, at Lookers House, 3 Etchells Road, West Timperley, Altrincham, WA14 5XS; Tel: 0191 298 1425; E-Mail: .
It will help us if you provide details of your vehicle registration, where and when the relevant goods and/or services were bought by you and a brief description of the reason for the complaint. We may ask you for copies of your Order and/or any other supporting documents or records.
The Company will endeavour to respond to the complaint and seek to resolve it as soon as reasonably practicable. The Company’s complaints handling policy can be found on our website (www.lookers.co.uk/complaints) or we can provide a copy on request.
9.2 If you have a complaint in relation to something that you say the Company did or did not do when introducing you to a finance company, or anything ancillary in relation to your having accessed third party funding to finance your Vehicle, you may be able to complain to the Financial Ombudsman Service. You should make your complaint to the Company in the first instance, but if we do not resolve that complaint within 8 weeks or if you are not satisfied that we have handled your complaint appropriately, you may complain to the Financial Ombudsman Service. They may be contacted by phoning them on 0800 023 4587 or by email to . The website address is for further information on making complaints to the service.
9.3 The Company is a member of the British Vehicle Rental & Leasing Association and the Motor Ombudsman scheme. These organisations publish Codes of Conduct which can be found on their websites. The Motor Ombudsman also offers an alternative dispute resolution mechanism to resolve complaints. Website details are below: -