Smart Car Specialist – Terms and conditions and legal notes.
1) Definitions In this contract the following expressions have the following meanings, a. “the company” means Smart Car Specialist Vat reg 977 1753 74 Company no 6760548 b. “the purchaser/buyer” means any person, partnership, sole trader, business, body corporate or other entity. Where a person deals and transacts entirely as a consumer, statutory rights shall not be affected. Where the term buyer appears within these terms it shall mean both trade and consumer purchaser/buyer unless specified as relating to a trade buyer or consumer buyer individually. c. “the goods” means the items/products/services detailed in the sales invoice/order form d. “price” shall mean the consideration due for purchase in GBP sterling unless notified in writing. The purchaser should note that prices quoted may vary (upwards or downwards) and current prices are quoted at the time of the order. In respect of orders placed via the Internet, these shall not be accepted by us until confirmed.
2) Web site information, publications and samples on display are indicative only and any weights, measurements, specifications and technical data (whether relating to performance or otherwise) have been prepared by the manufactures and are for guidance only and shall not form a description within the meaning of Sale of Goods Act (as amended). Buyers are therefore required to check current specification, colours, weights and measurements with manufactures, prior to order, as no liability shall be accepted by the company for any claim arising there from. Manufacturers also reserve the right to amend specification, without notice, where amendment becomes necessary or in order to improve products.
3) The company reserves the right to amend technical or clerical errors in any order without prior notice, in addition, the buyer shall ensure that all details contained within the order are correct and no liability for any error or inaccuracy shall lie with the company unless notified of such error within 3 days of receipt of any documentation containing the said error.
4) All guarantees for products are provided entirely by the manufacturers or the company and are subject to terms contained therein. Purchasers are reminded to complete all warranty cards/ documents upon receipt of goods where appropriate.
a. All work carried out by the company is warranted against failure due to defective work for a period of three months 3000 miles, whichever occurs first. This warranty extends only to repairs actually undertaken and does not cover progressive fault diagnoses. It does not affect any statutory rights.
Retention of title
5) The company retains legal and beneficial title to the goods until the company has received payment for the goods in full. The company reserve the right to deal with its property in any manner it thinks fit and shall be at liberty at any time to retake possession of the same or any part thereof and for that purpose, the buyer irrevocably authorises the company, its servants or agents to enter without notice into or upon any premises of the buyer or premises of which the buyer has possession or control, in addition the buyer irrevocably instructs all and any of its servants or agents to deliver up such property in their possession or under their control to the company or its servants or agents forthwith upon demand being made by the company.
a, All content including web, electronic images and text, printed or described – tangible or not are strictly copyright, no reproduction without express prior written consent, no copying, plagiarism or reproduction in full or part in any medium without express prior written consent.
6) All goods shall be paid for in full prior to collection/dispatch. The company reserve the right to claim back from the buyer any bank charges resulting from returned payments from the bank/ building society in addition if a buyer fails to make a payment then without prejudice to any other rights the company shall be entitled to charge the buyer interest (both before and after judgement) on the amount unpaid 2 % above NatWest bank plc. Base rate until the payment and interest has been paid in full.
a, The company shall have a general lien on all of the customers’ vehicles and all their contents for all monies owing to the company by the customer on any account whatsoever. The company shall be entitled to reasonable storage charges during any period in which the vehicle is retained by virtue of the lien.
b, If a vehicle is not collected and the companies’ charges not paid within 7 working days, the company shall be entitled to reasonable storage charges until collection or disposal.
c, If the customer indebtedness to the company is not satisfied within three months of the date of first invoice/completion of works notification, the company may without any notice, sell any vehicle owned by the customer and/or contents thereof by public auction or private treaty. The net proceeds of the sale shall be applied towards satisfying monies due from the customer to the company, and any balance shall be paid by the company to the customer on demand.
15) Suggested delivery dates and promises of delivery are made in good faith and every effort will be made to keep delivery dates given but time and place of delivery shall not be of the essence of this contract and the seller shall not be liable for any loss due to delay or failure to deliver.
16) The buyer is required to notify the company of any shortage, damaged goods, non-arrival or other discrepancy within 3 days.
17) Where delivery is affected to the buyers own delivery contractor, loss or damage in transit claims should be made directly to the carrier. The company shall assist purchasers in making their claims.
18) Goods ordered in error by the buyer may be returned within 7 days of the despatch date provided a. the goods are in saleable condition i.e. the goods are in their original packaging (without having been installed or used) and with all relevant seals and closures intact. b. the company is notified of the discrepancies within 3 days of the despatch date. c. Special orders will not be eligible for return.
19) This agreement shall be interpreted in accordance with English law and industry and custom practice, English courts shall have sole jurisdiction in respect of any dispute arising there from. In respect of internet sales, jurisdiction or the agreement shall be with English law
SMART CAR SPECIALIST recommends that all customers seek advice and agreement from their insurance company before they add any SMART CAR SPECIALIST products or services etcetera to their cars that will affect the cars handling or performance in any way. Failure to do this will be the customer’s responsibility.
We have a certificate of PCI compliance concerning any of your bank details, for your and our security, this is on-going system of training and systems checking to ensure best practice for security for streamline card payment users.
(TrustKeeper is a certified remote assessment and compliance solution created by Trustwave and designed to help merchants meet the PCI DSS and achieve compliance with the associated programs of Visa®, MasterCard®, American Express®, Discover®, and other credit card associations) Automatic information: We receive and store certain types of information whenever you interact with us. We obtain certain types of information when your Web browser accesses Smart car Specialist. A number of companies offer utilities designed to help you visit Web sites anonymously
Email communications: If you do not want to receive email or other mail from us, please let us know so we can adjust your details accordingly.
What about cookies? Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your web browser to enable our systems to recognise your browser and to provide features such as recognition of your chosen vehicle between visits. The “help” portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. We recommend that you leave them turned on.
Does SMART CAR SPECIALIST share the information it receives? Information about our customers is an important part of our business, and we do not sell it to others.
Protection of SMART CAR SPECIALIST and Others: We release account and other personal information when we believe release is appropriate to comply with law; enforce or apply our Conditions of Use and other agreements; or protect the rights, property, or safety of SMART CAR SPECIALIST, our users, or others. This includes exchanging information with other companies and organisations for fraud protection and credit risk reduction.
With your consent: Other than as set out above, you will receive notice when information about you might go to third parties, and you will have an opportunity to choose not to share the information.
SMART CAR SPECIALIST does not sell products for purchase by children. If you are under 18, you may use SMART CAR SPECIALIST only with involvement of a parent or guardian.
Conditions of use, notices, and revisions
If you choose to visit SMART CAR SPECIALIST, your visit and any dispute over privacy is subject to this Notice and our Conditions of Use, including limitations on damages, arbitration of disputes, and application of the United Kingdom law. If you have any concern about privacy at SMART CAR SPECIALIST, please send us a thorough description to SMART CAR SPECIALIST Unit 8-9 Foundation Units, Slyfield industrial state, Guildford, Surrey, GU1 1SF and we will try to resolve it. This Notice and the Conditions of Use will change also, and use of information that we gather now is subject to the Privacy Notice in effect at the time of use. You should check our Web site frequently to see recent changes.
Examples of the information we collect and analyse include the Internet protocol (IP) address used to connect your computer to the Internet; login; email address; connection information such as browser type and version, operating system, and platform; the full Uniform Resource Locators (URL) clickstream to, though, and from our Web site, including date and time; cookie number; and products you viewed or searched for.
Only subject to availability and prior booking
You are responsible for the vehicle until the vehicle is received back by Smart Car Specialist or their representative.
You are responsible for any speeding fines or road traffic endorsements incurred during the duration of the car loan.
You are responsible for the first £500 of any damage note inclusions below
This includes breakdowns, punctures and damage to glass, incorrect fuel and electrical problems
Fuel/usage will be charged at the rate of 25 pence per mile (mileage recorded below) and invoiced as required
No eating, drinking or smoking in the car, the car must be returned as you picked it up (you will be responsible for any valeting/repair/repalcement costs if deemed appropriate by Smart Car Specialist)
No pets or animals allowed in the car
Not to be used for the conveyance of anything other than personal items (E.g. No going to the tip)
You are responsible for the car for the duration of your usage including any breakdown/emergency and must cover in full any costs to get the car recovered back to our address. Recovery must be within normal working hours
You must obey the directions of Smart Car Specialist or their representative at all times – failure to do so will result in a chargeable fee
In the event of a problem please call 01484 578748/07738247233
The car is only to be used on the general highway and any racing, rallying, time trails, competitive or non-competitive driving are strictly prohibited and specifically excluded from the insurance.
Please notify us immediately of any Customer returns in writing
You can return an item to us if the item was not what you wanted or it is faulty, damaged, the wrong item or for any other reason provided the item is unused and in original condition. Returns must be made within 7 days from the day you receive your order. For International Returns, please mark parcel as “Customer Return”. Failure to do so may result in import duties chargeable to the customer.