TERMS AND CONDITIONS OF PURCHASE

1. These Terms and Conditions

1.1 The following terms (“Terms”) and conditions apply when you buy a car from https://www.twelvelondonroad.co.uk (the Site). Please read these Terms carefully before you place an order with us on the Site and check that they contain everything which you want and nothing that you are not willing to agree to.

1.2 Use of the Site is governed by our Terms of Use which you can find here.

1.3 These Terms are only available in English. No other languages will apply to this contract.

1.4 If you would like this contract in another format (for example: audio, large print, braille) please contact us using the contact details below.

1.5 If you don’t understand any of these Terms and want to talk to us about it, please contact us by: email sales@twelvelondonroad.co.uk (e-mails will be responded to Monday to Friday 9am to 5pm); or telephone (our telephone lines are open Monday to Friday 9am to 5pm on (01276) 473359.

1.6 These Terms may change from time to time, so please ensure that you check these Terms each time you buy a car from Twelve London Road. We recommend that you keep a copy of these Terms should you need to reference them at any time in the future.

1.7 These Terms are intended for consumers only. You may not purchase a car from us if you are doing so in the course of a business. You must also be a resident of the United Kingdom to purchase a car from us. We do not deliver to addresses outside of the United Kingdom mainland.

2. About Twelve London Road

2.1 The Site is operated by London Road Retail Limited, trading as Twelve London Road (“Twelve London Road”, “we”, “us” or “our”). We are a limited company registered in England and Wales under company number 09502434. Our registered office is at Hamilton Court, Carthouse Lane, Horsell, Woking, Surrey, GU21 4XS. We are registered for VAT and our VAT number is 360909784.

2.2 We are a seller of pre-owned cars. For further information on Twelve London Road please see our About Us page and please see the cars we sell in section 4 below.

3. Your Privacy and Personal Information

3.1 Please click here to read our Privacy Policy.

3.2 Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.

4. The Cars we Sell

The cars we sell have been previously owned and may have been used by multiple users. We purchase cars for re-sale from private owners and business owners, such as car rental companies, car dealerships and companies that lease cars to businesses and business employees.

5. Ordering a Car from us

5.1 Below, we set out how a legally binding contract between you and us is made.

5.2 When you confirm that you wish to buy a car on the Site, you are placing an order with us to buy that car (“Order”). The Order will include details such as your name, address, the make and model of the car, delivery location and the purchase price for the car. No binding contact will come into place until we have e-mailed you to confirm the Order in accordance with clause 5.3 below.

5.3 We may accept the Order by emailing you to confirm the Order, which will include a delivery date, at which point a legally binding contract (“Contract”) will be made between you and us.

5.4 There are some occasions when we may have to cancel the contract after accepting your order. For example (though there may be other reasons), the car that you have chosen has already been sold, there is an error in the price stated for the car on the Site, there is an error in the information on the site regarding the car. In which case, we will endeavour to let you know by e-mail as soon as we can. If we are not able to continue with the Contract then you will not be charged for the car and any payments you have made for the car (including any deposit) will be refunded in full. This will be our only liability to you should we have to cancel the Order in accordance with this clause.

5.5 Subject to clause 5.6 and 5.7, you may cancel the Contract at any time prior to the date of delivery by contacting our customer services team on the following number (01276) 473359.

5.6 To the extent that we have undertaken any bespoke work on the car prior to the delivery date in accordance with your request and/or instructions, you shall not be entitled to cancel the Contract.

5.7 In the event you cancel the Contract prior to the delivery date in accordance with these terms, we reserve the right to deduct from the deposit all reasonable costs that we have incurred relating to the preparation of your car prior to delivery, including, but not limited to, MOT and cleaning costs.

6. Delivery

6.1 We offer two different delivery options. You may either have the car delivered to the address stated in the Order or you may use our click and collect service, whereby you collect your car from our showroom at the date and time stated in the Order confirmation that we e-mail to you. We deliver to the UK mainland only. Delivery charges may be applicable. The Place of Delivery shall be either the address stated in the Order or our showroom, as applicable. Delivery will occur when we have handed over the car to you at the Place of Delivery.

6.2 We will only deliver to the address stated on the Order, which must be a mainland UK residential address. We reserve the right to cancel an Order in the event we discover at any time that the address you have provided is a business address or that the Order has been placed on behalf of a business. In which case, our liability to you will only extend to refunding you in full any deposit or payment you have made for the car in accordance with clause 5.4 of these Terms.

6.4 You must show us one of the following identification documents: driver’s license; the purchase invoice; and/or bills/statements with your residential address, which includes the residential address stated in the Order, before the car is handed over to you at the Place of Delivery. Subject to clause 6.5, ownership of the car shall be transferred to you when (1) we have checked your identification document; (2) when we have received full payment from you for the car and any applicable delivery charges; (3) if part of the payment for the car is funded by the part exchange of another vehicle we have received the other vehicle from you and accepted it in accordance with section 7 of these Terms; and when you have signed the delivery note which shall indicate you have accepted the car.

6.5 If you are purchasing the car by entering into a Finance Agreement ownership of the car will transfer to the Finance Provider when the conditions have been met in clause 6.4 instead of you and the Finance Agreement will stipulate the terms on which the car will transfer to you at a later date. Please see the section below on Finance Agreements.

6.6 Risk in the car will be transferred to you on delivery, which means you will become fully responsible for the car at this point and will be required to have insurance in place in accordance with section 13 of these Terms.

6.7 Subject to clause 13, you will be responsible for insuring the car from delivery and will be responsible for the payment of vehicle tax for the car. We will provide you with the V5 vehicle registration number and document reference number from the V5C/2 new keeper slip before delivery so you can arrange for tax to be put in place.

7. Condition of Car on Delivery

7.1 When you purchase a car from us you accept that the car is not brand new, that it has been used previously and may have had many previous owners and users. Whilst we will seek to inform you of any damage to the car prior to the delivery of the car to you and will provide you with a Vehicle Appraisal Report on delivery, it is your responsibility to thoroughly check the car before you accept the car from us and to report any issues to us following your inspection and prior to acceptance.

7.2 Our site contains pictures of the car, though we cannot guarantee that all aspects of the car will be captured by images on the Site. Additionally, dependant on the device that you use to view the car, it may not always be possible to view pictures of the car clearly. We highly recommend that you arrange an onsite appointment at our showroom to view and test drive the car or Arrange a Home Visit so that we can bring the car to you to view or Set Up a Virtual Tour so that you can view the car online.

7.2 Every car that we sell goes through an inspection. We will carry out our Twelve Assured Multi-Point Inspection on the car.

7.3 We will take all reasonable steps to verify the car’s recorded mileage. You accept, however that, where the car is delivered to you, there will be an increase in the number of the miles stated to you at the point you made the Order to reflect the distance to the place of delivery.

7.4 Whilst we take every care to ensure that the description that we provide of the car is correct and carry out the inspection stated in clause 7.2, we do not give any warranty that the car will not be subject to a manufacturer recall notice after it has been delivered to you.

7.5 We agree to provide you with a car of satisfactory quality, taking into consideration the car’s age, value, history and mileage, details of which will be provided to you.

7.6 We agree that the car shall be fit for purpose and shall be provided as described by us to you, though you agree to check the car in accordance with clause 7.1 above.

8 Your Rights Regarding the Car

8.1 You have the right to cancel the Contract within 14 days of the date on which we deliver your car without giving us any reason.

8.2 To exercise the right to cancel, you must inform us of your decision by a clear statement (e.g. a letter sent by post or email) using our contact details: email sales@twelvelondonroad.co.uk (e-mails will be responded to Monday to Friday 9am to 5pm); or telephone (our telephone lines are open Monday to Friday 9am to 5pm on (01276) 473359. You may use the model cancellation form available here https://www.legislation.gov.uk/uksi/2013/3134/schedule/3/made, but it is not obligatory.

8.3 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. We will then call you to arrange collection of the car from you at your home address. Once you have informed us that you wish to cancel the contract you must stop using the car.

8.4 If you choose to cancel the contract in accordance with clauses 8.1 to 8.3 above, we will arrange for our third party payment processer to refund the price you paid for the car to the payment method you used to purchase it, or we will arrange to refund the price you paid for the car by bank transfer, less any deduction we may make in accordance with clause 8.5. If you used a finance agreement to purchase the car then our third party payment processor will refund the deposit to the same payment method you used to pay the deposit less any deduction we may make in accordance with clause 8.5 and we will arrange to repay the lender the remainder of the sum. If you part exchanged a car towards the payment of the price of the car we will not be able to return the part exchange car to you. We will instead pay you the valuation sum that was applied to the car you exchanged in addition to refunding your deposit and the remainder of the price for the car after deducting the part exchange valuation less any deduction we may make in accordance with clause 8.5.

8.5 In the event you are entitled to return to us your car in accordance with these terms, we reserve the right to deduct from the price you paid for the car: (i) all reasonable costs that we have incurred relating to the preparation of your car prior to delivery, including, but not limited to, MOT and cleaning costs; and (ii) a reasonable sum to cover the fair wear and tear of the car during the period of time from delivery of the car to you up until return of the car to us.

8.6 The Consumer Rights Act 2015 states that you may be entitled to a refund up to 30 days after delivery if your car is faulty (where such fault was present on delivery) or a refund in most cases up to six months after delivery if your car is faulty (where such fault was present on delivery) and we cannot repair or replace it. This is a summary of some of your key rights. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call 03454 04 05 06. The information in clause 8 is a summary of some of your key rights. It is not intended to replace these Terms which you should read carefully. Nothing in these Terms (including the warranty set out below) affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.

8.7 In the event you are entitled to return to us your car in accordance with these terms you must send to us (by recorded delivery and at your cost) the most recent V5C registration document showing you as the registered keeper of the car within 14 days of the return date. We reserve the right to retain £1,000 of the deposit sum until we have safely received the V5C registration document from you. You must also provide us with all copies of the car’s keys, any spare parts (such as a spare wheel) and accessories for the car, any MOT certificate for the car, any user manuals for the car and any service history for the car.

9. Warranty

All our cars come with a Twelve Assured 3 months standard care warranty free of charge. For an additional charge you may upgrade your warranty cover to our 12 month, 24 month or monthly rolling Protection & Care Warranty. Details of our warranty cover can be viewed at www.twelveassured.co.uk

10. Part Exchange

10.1 Subject to these Terms you may choose to part exchange a car in part payment towards the car you are purchasing from us.

10.2 We will provide you with a valuation for the car that you wish to part exchange, however the valuation may only be applied against part of the cost of the car you are purchasing from us if (1) you are the sole owner of the car you wish to exchange; (2) you have settled any outstanding finance relating to the car at the point you are exchanging the car (other than in circumstances where we have agreed with you that we will settle any outstanding finance relating to the car as part of our agreement with you, in which case an in-date settlement letter must be provided); (3) no third party has any claim to the car you wish to part exchange; (4) upon our inspection of the car at the Place of Delivery we consider that the information you have provided to us about the car is correct; and (5) upon our inspection of the car at the Place of Delivery we do not discover any damage to the car that you had not previously informed us of and which we consider causes the car to be unroadworthy or alters the valuation of the car. If we are not satisfied that the above conditions have been met at any time prior to or at the point of delivery of the car you are purchasing from us then we reserve the right to refuse to accept the vehicle in part exchange and we may either (i) cancel the Order or (ii) amend the Order so that the full purchase price is payable for the car you wish to purchase or (iii) amend the valuation of the car you wish to exchange and adjust the remainder of the purchase price payable to us accordingly. If, in our discretion, we apply (ii) or (iii) above then you shall have the right to cancel the Order, in which case our only liability to you shall be to refund you any deposit paid and any other sum that you have paid towards the purchase of the car.

10.3 We shall be entitled to ask you to provide all information as is reasonably required about the car you wish to exchange at any time prior to delivery.

10.4 To the extent that the car that you wish to part exchange has a personalised registration plate, prior to the delivery date, it is your responsibility to ensure that all requirements relating to the retention and transfer of that personalised registration plate are dealt with and satisfied. We will have no responsibility in respect of the retention and transfer of the said personalised registration plate, which must de dealt with by you prior to the delivery date. You should be aware that should you fail to deal with this appropriately you may risk losing your rights in respect of the relevant personalised registration plate. Please contact us to arrange for the personalised registration plate to be affixed to the car you are purchasing from us.

11. Payment

11.1 The price payable for the car is the price stated in the Order. The price includes VAT and is the price before any sum is deducted reflecting the value of any car that you and us agree you will part exchange.

11.2 We require that a deposit is paid for the car which is payable when you place the Order. The balance is payable within 3 working days of the payment of the deposit. The deposit will be deducted from the final price payable and is payable even if you enter into a finance agreement to pay for the car. Finance under the finance agreement will cover the remainder of the price for the car.

11.3 We use a third party payment provider to process payments on the Site. Details of the third party payment processor we use and the methods of payment accepted by the third party payment processor can be found at www.stripe.co.uk

11.4 Failure by you to pay the deposit or any other payment due for the car shall entitle us to cancel the Order.

12. Finance Agreements

We offer broker finance to assist customers with the purchase of our cars. We are not a lender and do not guarantee that any finance offered to you will meet your requirements. If you have any doubts or queries as to whether to proceed with finance do not do so before taking professional advice. Details of our broker finance can be viewed here.

13. Insurance

It is your responsibility to insure and tax the car from the delivery date.

14. Limit on Our Responsibility to You

14.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any losses that:

(i) were not foreseeable to you and us when the contract was formed;
(ii) that were not caused by any breach on our part.

14.2 These Terms are intended for consumers only. However, for clarity, we are not legally responsible for any business losses and losses to non-consumers.

15. Disputes

15.1 We will try to resolve any disputes with you quickly and efficiently.

15.1.1 If you are unhappy with your car or our service to you or any other matter please contact us as soon us possible.

15.3 If you and we cannot resolve a dispute using our internal complaint handling
procedure, we will:

(i) let you know that we cannot settle the dispute with you; and
(ii) give you certain information required by law about our alternative dispute resolution provider which is run by Law Data https://lawdata.co.uk. You may also use the online dispute resolution (ODR) platform to resolve the dispute with us. For more details, please visit the website on the ‘Your Europe’ portal: https://webgate.ec.europa.eu/odr.

15.4 If you want to take court proceedings, the courts of the part of the United Kingdom in which you live will have non-exclusive jurisdiction in relation to this contract.

15.5 The laws of England and Wales will apply to this contract.

16. Third party rights

No one other than a party to this contract has any right to enforce any term of this contract.