Terms & Conditions of Sale (When you buy a car from us)
Car Purchase Terms and Conditions
1. These terms
1.1 These are the terms and conditions (Terms) that apply when you buy a car from Avid Motors and other products related to the purchase of your Car using our website www.avidmotors.co.uk (Site). You can access our Terms of Use which apply when you browse the Site (or any other Avid Motors webpages or applications). These Terms may change from time to time so make sure you check these Terms each time you buy a Car from Avid Motors.
1.2 Please make sure you read these Terms carefully before you place an order. We suggest that you also keep a copy of these Terms for the future. These Terms will explain how we will sell cars, how you may cancel the Agreement with us, additional products which you may choose to purchase and what to do if you have an issue with your Car.
2. Who are we?
2.1 The Site is operated by Avid Motors Limited a company registered in England and Wales (Company Number 13002816). Our registered office is at 483 Greens Lane, London, N134BS. If you would like to get in touch, you can find our contact details on our website.
3. Who is selling you the car?
Avid Motors will be the supplier of the Car and will sell the Car to you.
4. The agreement between you and us
4.1 When you confirm that you wish to buy a car on www.avidmotors.co.uk, you are placing an order with us to buy that Car (Order). The Order will confirm the order details including your personal details, the make and model of the car, the delivery or collection date, the delivery or collection location, the Purchase Price (as defined in section 6 below) and the amount payable for any other optional products relating to the purchase of your Car.
4.2 We may accept the Order by emailing you to confirm the Order. When we send this email confirmation, a legally binding agreement will be made between you and us (Agreement). The Agreement will consist of the Order and these Terms. If you choose to pay for the Order using a Finance Agreement (as defined in section 11 below) with a Lender (as defined in section 11 below) then you will be required to enter into an agreement with the Lender and we will sell the Car to the Lender. Please refer to section 11 for more details.
4.3 If there is any inconsistency between the Order and these Terms, then the Order will take priority.
4.4 Occasionally, we may become aware after accepting your Order that we are unable to proceed with the Agreement, in which case we will notify you by email. Some examples of reasons why we may do this include:
4.4.1 the Car you have chosen has already been sold;
4.4.2 there is an error in the price or description of the Car;
4.4.3 you have previously purchased and returned a car to us in the 12 months prior to your Order or if we notice an unusual pattern of ordering or returns activity (such as ordering and returning more cars than a typical Avid Motors customer);
4.4.4 where you are part exchanging your current car (Part Exchange Car) with us and you have provided incorrect details in relation to the Part Exchange Car or any of the circumstances set out in section 10.3 below apply to the Part Exchange Car; or
4.4.5 you have outstanding finance on your Part Exchange Car and:
a) you fail to provide a valid settlement letter to us as explained in section 10 below;
b) the outstanding balance of the finance on your Part Exchange Car is different to the outstanding balance which you told us about when placing the Order; or
c) the outstanding finance relates to more than one finance provider.
You should be aware that there may be reasons other than those reasons mentioned in section 4.4 above why we do not accept your Order.
4.5 If we are not able to proceed with your Order, you will not be charged the Purchase Price for the Car.
4.6 You may cancel the Order without giving a reason before the Car is delivered before 12pm on the day before your agreed delivery or collection date, by emailing our customer service team at hello@avidmotors.co.uk
4.7 You may not buy a car from us if you are doing so in the course of business. You must also be resident in the United Kingdom to purchase a Car from us. Delivery or collection restrictions may apply, see section 5 below for further information.
5 Delivery and Collection
A: Delivery
Sections 5.1 to 5.8 (inclusive) only apply if you choose for us to deliver the Car to you when you place your Order.
5.1 We will deliver the Car to you at the delivery location on the delivery date set out in the Order (Delivery). You may change the time and date of Delivery by calling our customer service team whose number is 01482 637539 at any time before 12pm on the day before your agreed delivery date. We will rearrange the date and time of your Delivery at no extra cost to you once. If you need to rearrange the date and time of your Delivery more than once or you ask to change the date and time of your Delivery after 12pm on the day before your agreed delivery date, we may charge you a fee of £150.
5.2 We will only deliver the Car to you at the delivery location stated in the Order which must be your residential address. You must show us a valid photocard UK driving licence at Delivery. If the address on your driving licence is different to your residential address, you must also provide us with either a utility bill or bank statement addressed to your residential address and which is dated in the three months prior to Delivery. If you do not have your driving licence, you must show us your passport and a utility bill or bank statement addressed to your residential address and which is dated in the three months prior to Delivery. We may also require you to show us the payment card(s) used to pay for your Car. The person stated on the Order must be present at Delivery as we will not deliver the Car to any other person.
5.3 Please ensure that you bring the correct identification documents and payment card(s) (if applicable) to your delivery appointment as we will not be able to hand the Car over to you without these. If you have any questions on what identification documents you will require please call our customer experience team whose number is 01482 637539.
5.4 We will need a safe place to park the Car (for example, a driveway or safe on-road parking) whilst we complete our delivery checks with you. If you are selling a Part Exchange Car to us, then you should also make sure that is parked safely and is accessible by us. You are responsible for giving us details of a safe location and will be responsible for any costs, penalties or fines we incur as a result of parking in the safe location provided by you.
5.5 You will own the Car once (i) you have accepted Delivery of the Car by signing the delivery note; (ii) if you are part exchanging your car in part payment of the Purchase Price, we have accepted and received the Part Exchange Car; (please see section 10 for more information); and (iii) we have received full payment of the Purchase Price and any other money you owe to us.
5.6 If you are purchasing the Car using a Finance Agreement then the third-party finance provider will own the Car once the conditions in section 5.5 have been met.
5.7 You are responsible for the Car from Delivery.
5.8 If we attempt to deliver the Car to you and we are unable to do so and we are unable to contact you to rearrange your Delivery, we may treat the Agreement as ended. We will notify you by e-mail that we are treating the Agreement as ended and we will refund any money paid by you to us.
B: Collection
Sections 5.9 to 5.15 (inclusive) only apply if you choose to collect the Car from one of our collection locations when you place your Order.
5.9 We will hand over the Car to you at the specified collection location on the collection date and time set out in the Order (Collection). You may change the time and date of Collection by calling our customer experience team whose number is 01482 637539 at any time before 12pm on the day before your agreed collection date. We will rearrange the date and time of your Collection at no extra cost to you once. If you need to rearrange the date and time of your Collection more than once or you ask to change the date and time of your Collection after 12pm on the day before your agreed collection date, we may charge you a fee of £150.
5.10 You will only be able to collect the Car from the collection location set out in the Order. You must show us a valid photocard UK driving licence at Collection. If the address on your driving licence is different to your residential address stated on the Order, you must also provide us with either a utility bill or bank statement addressed to your residential address and which is dated in the three months prior to Collection. If you do not have your driving licence, you must show us your passport and a utility bill or bank statement addressed to your residential address and which is dated in the three months prior to Collection. We may also require you to show us the payment card(s) used to pay for your Car. The person stated on the Order must be present at Collection as we will not hand over the Car to any other person.
5.11 Please ensure that you bring the correct identification documents and payment card(s) (if applicable) to your collection appointment as we will not be able to hand the Car over to you without these. If you have any questions on what identification documents you will require please call our customer experience team whose number is 01482 637539 prior to Collection.
5.12 You will own the Car once (i) you have accepted Collection of the Car by signing the delivery note; (ii) if you are part exchanging your car in part payment of the Purchase Price, we have accepted and received the Part Exchange Car (please see section 10 for more information); and (iii) we have received full payment of the Purchase Price and any other money you owe to us.
5.13 If you are purchasing the Car using a Finance Agreement then the third-party finance provider will own the Car once the conditions in section 5.12 have been met.
5.14 You are responsible for the Car from Collection.
5.15 If you fail to collect the Car from us on your arranged collection date and we are unable to contact you regarding your Collection to rearrange your collection appointment, we may treat the Agreement as ended. We will notify you by e-mail that we are treating the Agreement as ended and we will refund any money paid by you to us.
6 Payment
A: Price and payment methods
6.1 The purchase price for the Car is the price stated when you placed your Order on Avid Motors (Purchase Price). The price stated includes VAT.
6.2 The Purchase Price, any applicable admin fees and the amount payable for any other optional products relating to the purchase of your Car (such as our maintenance plan) will be payable when you place your Order and the amount payable for any other optional products relating to the purchase of your Car.
6.3 You may make payments to us by open banking payment (Pay by Bank), bank transfer or, in respect of the Purchase Price only, by arranging finance from a Lender in relation to the purchase of your Car. We do not accept any other form of payment.
6.4 We use a third-party payment provider to process payments on the Site. The processing of these payments will be governed by the third-party provider’s terms and conditions.
6.5 You are responsible for the payment of vehicle tax. The V5C reference number will be provided to you prior to Delivery or Collection so that you can arrange vehicle tax for the Car with the DVLA to start on Delivery or Collection. We will notify the DVLA of the change in ownership
B: Promotions
6.6 We may sometimes offer a discount on certain cars listed on the Site. Qualifying cars and the amount of discount will be identified by relevant signposting on the Site, including on the individual car’s details page.
6.7 Promotions will be offered on selected cars only at our discretion. We reserve the right to cancel, amend, withdraw, terminate or suspend a promotional offer at any time. Offers cannot be used in conjunction with any other offers unless otherwise stated and are not transferable. No cash alternative is available. Certain promotions may have additional terms and conditions which will also apply and these will be specified on the Site where applicable.
7. Your Car
7.1 The Car may have been used previously for lease or rental and may have had multiple users. It may also have been imported from the Republic of Ireland.
7.2 Each Car undergoes a thorough inspection prior to being advertised for sale.. As part of the inspection, we check each Car for a manufacturer recall notice. We do not give or make any representation, warranty or undertaking that the Car will not be subject to a manufacturer recall notice at the point of sale or at any time in the future.
7.3 The images of Cars on our website uses high resolution images. We make every effort to display the Car accurately, including damage (which is beyond the ordinary wear and tear of a used car), but we cannot guarantee that the pictures of the Car on Avid Motors will show every part of the Car or colour of the Car. We will not be responsible if the images of the Car do not display correctly on the device on which you view them. If you are not satisfied with the actual appearance of your Car you may cancel the purchase using our 14 day money back guarantee (see section 12 for more information).
7.4 The mileage of a Car stated on Avid Motors website may vary slightly to the actual mileage of the Car because of delivering the Car to you. The increase in mileage will be no more than 200 miles.
7.5 Please contact us before placing the Order to ask any questions you have about the Car. You can contact customer services at hello@avidmotors.co.uk
8. Car Warranty
8.1 Avid Motors offers its own in-house 30 day warranty which covers all major mechanical and electrical faults.
8.2 The warranty does not include breakdown cover. For the avoidance of doubt it is your responsibility to purchase your own breakdown cover and arrange transport of your vehicle to any garage in order to carry out repair work under warranty.
8.3 To make a warranty claim please contact customer service on 01482 637539.
8.4 Should we agree to any claim made under the warranty, we reserve the right to request that you transport the vehicle to one of our appointed garages if you are not able to source a satisfactory quote for repair from your own local garage.
8.5 You are not entitled to approve any warranty repair work on behalf of Avid Motors unless this is expressly authorised in writing by us.
9. Insurance
You will be required to provide your own fully comprehensive insurance for the Car from the date of Delivery or Collection in order to drive the Car lawfully.
10. Our 14-day money back guarantee
10.1 You may return the Car to us within 14 days from the day after the date of Delivery or Collection without giving us any reason using our 14-day money back guarantee (the Guarantee).
10.2 If you wish to return the Car in accordance with the Guarantee, you may notify us by calling our customer experience team whose number is 01482 241753. You will need to return the car to our office at your own cost. If you would prefer we collect the car, we will provide you a quote for collection and the customer service team will arrange a date on which we will collect the Car from you at your residential address.
10.3 You may also use the cancellation form set out below to return the Car. If you use the cancellation form we will acknowledge receipt of your form by email without delay and we will call you within 3 days to arrange collection of the Car. To meet the Guarantee deadline you should notify us that you are exercising the right to cancel by 8pm on the day the Guarantee period expires (or if this day is a bank holiday, New Year’s Day, Easter Sunday, Christmas Day or Boxing Day, 8pm on the next day that is not included on this list).
10.4 If you choose to return the Car under the Guarantee:
10.5 If you paid for the Car in full by using Pay by Bank, we will repay to you the Purchase Price of the Car to the same bank account originally used to pay for the Car (except for any deductions described in section 12.4.5 below); or
a). any amounts which we are permitted to charge you under section 12.5 because of the condition in which you returned the Car to us; and
b) £250, which we will hold pending you returning the most recent V5C registration document to us in accordance with section 12.6. We need the V5C to be returned because the value of the Car will reduce without it; and
c) we will repay any money owed to you under this section 12.4 within 14 days of you informing us that you wish to return the Car. We will repay you using the same means of payment as you used to pay us and we will not charge you any fees in relation to the repayment.
10.6 You are entitled to use the Car to determine the nature, characteristics and functioning of the Car. We consider this use to be similar to a couple of test drives which you would receive if you were buying a Car from a dealer face to face. You must not use the Car after notifying us that you are cancelling the Agreement and you must keep the Car in good condition from the date of Delivery or Collection. We are entitled to charge you if the value of the Car has reduced as a result of excessive use by you or any damage to the Car. We may charge you:
10.6.1 if the Car has been driven for more than 30 miles since Delivery or Collection, a fee equal to £1.00 for each mile driven in excess of 30 miles (Excess Mileage Payment); and/or
10.6.2 if the value of the Car has been reduced because it is not in the condition it was in at Delivery or Collection, our reasonable costs to repair the Car so that it is in the condition it was in at Delivery or Collection (Damage Payment).
10.7 For the purposes of this section, we will record the mileage on the Car at Delivery or Collection and this mileage will be conclusive in determining whether you have driven the Car more than 30 miles since Delivery or Collection.
10.8 You must send the most recent V5C registration document showing you as the registered keeper to us by recorded delivery within 14 days of you informing us that you wish to return the Car. You will bear the cost of the recorded delivery.
10.9 The V5C registration document (which includes your name and address and is an official DVLA document) will remain linked with the Car until it is sold and re-registered by a new registered keeper or scrapped. Please note that before being re-registered by a new keeper, the Car may be sold to one or more motor traders who will not be obliged to register as the new keeper of the Car and remove your name and address from the V5C registration document. We do not accept any liability in respect of your personal information contained on the V5C registration document.
10.10 Subject to the V5C being received within 14 days of you informing us that you wish to return the Car, we will repay you the £250 we retained as described in section 12.4.5(b) within 14 days of us receiving the V5C.
10.11 If you fail to return the V5C registration document, we may charge you a fee of £250 as the value of the Car will reduce without the V5C registration document (V5C Fee) and we will retain the £250 referred to in section 12.4.5(b) as payment by you to us for the V5C Fee.
10.12 If the total of the Excess Mileage Payment, the Damage Payment and/or the V5C Fee is more than the amount payable to you in section 12.4 then we will tell you how much you owe us (Outstanding Amount) and you must pay the Outstanding Amount to us within 30 days of us notifying you of the Outstanding Amount.
10.13 If you use the Guarantee we will collect the Car from you on the date agreed with you. You must also give to us:
- all copies of the Car's keys;
- the Car's service history (if any);
- the Car's MOT certificate (if any);
- the Car's user manuals (if any);
- any accessories there may be such as a locking wheel nut, radio fascia or remote controls, SD card and/or charging cables (if you have a plug-in car); and
- any other documents or items which we gave to you at Delivery or Collection in relation to the Car.
10.14 You are responsible for the removal of your personal belongings or the deletion of personal data from the Car prior to collection in the same manner as for a Part Exchange Car (see section 10.16 and section 10.17).
10.15 If you need to rearrange the date and time of your return collection, you must contact the customer experience team before 12pm on the day before your agreed return collection date. If you rearrange your return collection day more than once or you ask to change the date and time of your return collection after 12pm on the day before your agreed return collection date, we may charge you a fee of £150. You must allow us to collect the Car as soon as possible and at the latest within 14 days of you giving notice to cancel.
10.16 You remain responsible for the Car until we have collected it from you. You must ensure that the Car is insured with a fully comprehensive insurance policy until collection. If we fail to collect the Car on the agreed date and this is not caused by you, then we will reimburse you for the additional days’ insurance costs you have had to incur until we collect the Car. We will require proof of the additional insurance costs before we can reimburse you.
11. Summary of your legal rights.
We are under a legal duty to supply cars that are in conformity with this Agreement. Nothing in this Agreement will affect your legal rights. If you would like more information on your rights you should contact your local Citizens Advice Bureau.
12. Data Protection
A summary of how we will use your personal information is set out in our privacy policy which can be found on our website.
13. Liability
13.1 Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.
13.2 To the extent we are able to restrict our responsibility by law, we will not be responsible to you for any indirect or consequential losses or loss of income or revenue, loss of business, loss of profit, or loss of anticipated savings (whether direct or indirect).
13.3 To the extent we are able to exclude our responsibility by law, we exclude all implied representations, warranties, terms and conditions from the Agreement.
13.4 Subject to the above, our maximum total liability to you under or in connection with the Order and the Agreement with you shall not exceed the Purchase Price of the Car.
14. Circumstances outside of our control
14.1 We will not be responsible for any failure by us to perform the Agreement or any delay in performing the Agreement which is caused by a circumstance or event outside of our control (Circumstance Outside of Our Control). Circumstances or events which may be included in this section are riots, acts of terrorism or war, civil disruption, strikes, fire, flood, other natural disasters, pandemics and accidents relating to the Car. Other circumstances or events may also be included if they are outside of our control.
14.2 If our supply of the Car is delayed by a Circumstance Outside of Our Control, then we will contact you as soon as possible to let you know and we will do what we can to reduce the delay. If we do this, we will not be responsible for delays. If there is a delay you may contact us to end the Agreement and receive a refund of the deposit or the Purchase Price you have paid at that time for the Car.
14.3 If a Circumstance Outside of Our Control occurs which affects us performing the Agreement after we have supplied the Car to you we will notify you as soon as possible. Our responsibilities to you under the Agreement will be temporarily delayed and the agreed date by which we must perform our responsibilities will be extended until the Circumstance Outside of Our Control has ended.
15. Miscellaneous
15.1 If a court finds part of the Agreement is illegal, invalid or otherwise unenforceable, the remaining parts of the Agreement will continue in full force and effect.
15.2 You may not transfer any of your rights or obligations under the Agreement to any other person. We may transfer our rights or obligations under the Agreement to another person provided that this will not affect your rights under the Agreement.
15.3 The Agreement does not give rise to rights that are enforceable by any person who is not party to the Agreement.
15.4 If we do not exercise or enforce a right under these Terms against you at any time, this does not prevent us from doing so at a later date.
15.5 The Agreement sets out the entire agreement between you and us relating to the purchase of the Car. The Agreement will replace any prior discussions or agreement between you and us relating to the purchase of the Car.
15.6 These Terms and the Agreement are governed by English law and you and we both agree that we will issue any legal proceedings in connection with any dispute or claim arising in relation to these Terms and the Agreement in the courts of England and Wales.
15.7 If you live in Scotland or Northern Ireland at Delivery or Collection, we or you may issue any legal proceedings in connection with any dispute or claim arising in relation to these Terms and the Agreement in the courts of Scotland or Northern Ireland respectively.
Cancellation form
To: Avid Motors Limited, Cherry Tree Court, 36 Ferensway, Hull, HU28LP, email address: hello@avidmotors.co.uk:
I hereby give notice that I cancel my contract of sale of the following goods
Car manufacturer:
Car model:
Registration number:
Received on:
Name of consumer(s):
Address of consumer(s):
Contact number of consumer:
Date: