TERMS AND CONDITIONS

BACKGROUND:

Please read these Terms and Conditions carefully before placing an order with Us. These Terms and Conditions, together with any other documents referred to herein (unless otherwise stated), set out the terms under which Emotive Car Sourcing (the trading name of P2F Trading Limited) provides vehicle sourcing services and sells vehicles sold by Us to consumers and businesses through this website, https://www.emotivecarsourcing.co.uk  (“Our Site”).

These Terms and Conditions explain who We are, how vehicles will be provided to you, how you or We may change, cancel, or otherwise end the Contract, what to do in the event of problems, and other important information.

Schedule 1 sets out the specific rights for consumers.

Schedule 2 sets out the specific rights for businesses. We draw your attention if a business customer to Clause 30.2 regarding limitations on liability.

Business customers are referred to Clause 30.2 in Schedule 2 regarding liability.

You will be required to read and accept these Terms and Conditions when ordering services and/or vehicles from us when signing the Agreement. If you do not agree to comply with and be bound by these Terms and Conditions, you will not be able to order services or vehicles from Us. These Terms of Sale, as well as all documents, are in the English language only.

The following documents may also apply to your use of Our Site:

 

  1. Definitions and Interpretation
    • In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Agreement”

 

 

 

“Vehicles”

 

 

 means the Agreement entered into between You and Us which initiates the provision of Services and/or vehicle purchase;

 

means the vehicles sold by Us to you;

 

 

 
“Contract” means a contract for the purchase and sale of Vehicles and/or Services, and Contract includes and means these Terms and Conditions and the Agreement;

 
“Contact Tools” means any online communications facility that We make available on Our Site enabling you to contact Us including, but not limited to, contact forms;
“Order” means your order for Services and/or Vehicles made on entering into the Agreement;
“Order Confirmation” means Our acceptance and confirmation of your Order set out in the Agreement;
“Services”

 

 

“We/Us/Our”

 Means the vehicle sourcing services detailed in the Agreement;

 

means P2F Trading Limited trading as Emotive Car Sourcing.

 

  • Unless the context otherwise requires, each reference in these Terms of Sale to:
    • “writing”, and any similar term, includes a reference to any communication effected by electronic or facsimile transmission or similar means;
    • a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
    • a Part or paragraph is a reference to a section, part, or clause of these Terms of Sale.

 

  1. Information About Us
    • Our Site is operated by P2F Trading Limited. We are a limited company registered in England and Wales under company number 12335262. Our registered address is 201Haverstock Hill 2nd Floor London NW3 4QG.
    • Our VAT number is 339 5949 46.
    • We are regulated by the Financial Conduct Authority FRN 959142

 

  1. How to Contact Us
    • To contact Us for any reason by email, please email Us at info@emotivecarsourcing.co.uk ,to contact Us by telephone, please call Us on 0203 1501507, and to contact Us by post, please write to Us at Emotive Car Sourcing c/o P2F Trading Limited 201Haverstock Hill 2nd Floor London NW3 4QG.
    • We provide the following Contact Tools for you to contact Us:

 

  1. Access to Our Site and Use of Our Site
    • Access to Our Site is free of charge.
    • It is your responsibility to make the arrangements necessary in order to access Our Site.
    • Use of Our Site is subject to Our Website Terms and Conditions of Use. Please ensure that you have read them carefully, that you understand them, and that you agree to them.

 

  1. Changes to these Terms of Sale
    • We may alter these Terms and Conditions from time to time, for example, to reflect changes in relevant laws and regulatory requirements. If We do so, details will be highlighted at the top of this page.
    • If any part of the current version of these Terms and Conditions conflicts with any previous version(s), the current version shall prevail unless We explicitly state otherwise.

 

  1. Business Customers

These Terms and Conditions apply to customers purchasing Vehicles and/or Vehicles in the course of business including the provisions of Schedule 2 which are incorporated herein. Schedule 1 does not apply to Business customers.

 

7          Consumer Customers

These Terms and Conditions apply to customers purchasing Vehicles and/or Vehicles as consumers including the provisions of Schedule 1 which are incorporated herein. Schedule 2 does not apply to consumer customers.

 

8          International Customers

Please note that We only deliver within the United Kingdom. Any charges for delivery are set out in the Agreement.

 

  1. Vehicles, Descriptions, and Changes
    • We make all reasonable efforts to ensure that all descriptions and images of Vehicles and Vehicles available from Us on Our Site match the actual Vehicles and Vehicles. Please note:
      1. Images of Vehicles are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product due to differences in computer or device displays and lighting conditions and, in the case of Vehicles, variations resulting from your specific requirements;
      2. Images or descriptions of packaging are for illustrative purposes only and the actual packaging may vary, and
      3. Due to the nature of Vehicles, there may be a variance between the actual Vehicles and the description. Details provided detail usual specification of the model of vehicle and is not the exact data for the actual vehicle being offered for sale. Always satisfy yourself before purchase.
    • Please note that Clause 7.1 does not exclude Our responsibility for mistakes due to Our gross negligence.

 

  1. Pricing
    • All prices include VAT. If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
    • All prices are checked before We accept your Order. If We have shown incorrect pricing information, We will inform you of the mistake in writing.
    • If We mistakenly accept and process an Order where an obvious and unmistakeable pricing error has been made, which you could have reasonably recognised as mispricing, We have the right to end the Contract, refund any sums paid, and require you to return the affected Vehicles to Us.
    • Delivery charges are not included in the price of Vehicles unless set out in the Agreement. Delivery options and related charges will be presented to you as part of the order process.

 

  1. Orders and How Contracts Are Formed
    • Before submitting your Order, by signing or otherwise accepting the Agreement you will be given the opportunity to review and amend it. Please ensure that you check you’re the Agreement carefully before submitting it.
    • When placing an Order for Vehicles, please ensure that all information that you provide to Us is correct, accurate, and complete. We cannot accept the return of any Vehicles if that return is due to incorrect information provided by you. Please note that this does not affect your legal rights.
    • If you provide Us with incorrect or incomplete information during the order process, please contact Us as soon as possible.

9.3.1 If We cannot process your Order due to incorrect or incomplete information, We will contact you to ask you to correct it or provide the missing information required for Us to supply the Vehicles to you.

9.3.2 If you do not provide the required information within a reasonable period of Us asking for it, or if the information is inaccurate or incomplete, We may either end the Contract or charge you a reasonable sum as compensation for the extra work required as a result.

9.3.3 We will not be responsible for supplying the affected Vehicles late or for not supplying Vehicles if this is due to you not providing Us with the required information within a reasonable period of Us asking for it.

  • No part of Our Site constitutes a contractual offer capable of acceptance.

9.4.1 Your Order comprising the signed Agreement constitutes a contractual offer. Our acceptance of that offer is indicated by Us sending you Our part signed or otherwise an Order Confirmation by email or message.

9.4.2 Only once we have sent exchanged signed Agreements and/or an Order Confirmation by email or message will there be a legally binding Contract between Us and you for the supply of Services or sale of the Vehicles and/or Vehicles.

  • In the unlikely event that We cannot accept your Order, We will inform you in writing by email or message. We do not have to explain why. No payment will be taken under normal circumstances. If We have taken payment, any such sums will be refunded.

 

  1. Payment
    • Payment for Vehicles and/or Vehicles and related delivery charges must always be made in advance. (You will be prompted to provide payment during the ordering process.)
    • We accept the following methods of payment:

Direct bank transfer

We do not accept cash, credit cards cheques or bank drafts.

  • We may charge you interest if you pay late. If a payment to Us is not made by the due date, We may charge you interest on the overdue sum at the rate of 4% per annum above the base lending rate of the Bank of England from time to time. Interest shall accrue on a daily basis from the due date until the actual date of payment, whether before or after judgment. You must pay Us any interest due together with the overdue sum.
  • If you believe that We have charged you an incorrect amount, please contact Us as soon as possible to let Us know. You will not be charged interest on any sums disputed in good faith.

 

  1. When You Own the Vehicles and/or Vehicles

Ownership of the Vehicle and/or Vehicles passes to you once We have received payment in full of all sums due. We will not deliver vehicles until payment.

 

  1. Delivery
    • We will contact you to notify when your vehicle or vehicles are available for collection or delivery. This is typically 2 working days after notification.
    • You are responsible to have the vehicle road taxed and insured prior to delivery and We will ask for evidence.
    • We will not be responsible for delays that are outside of our reasonable control. If delivery is delayed for such a reason, We will inform you as soon as possible and will take steps to minimise the impact of the delay.
    • If you are collecting the Vehicles and/or Vehicles from Us instead of having them delivered to you, they can be collected during Our business hours of 08:00 to 18:00 on Monday to Friday.
    • Save where otherwise set out in the Agreement, delivery is free of charge within 50 miles of Our storage address of Smug Oak Stables, Smug Oak Lane, Bricket Wood, Hertfordshire, AL2 3PN and thereafter  there is a charge per mile as set out in the Agreement and if not then at £1 per mile plus vat.
    • If you do not arrange to have the Vehicles and/or Vehicles re-delivered or do not collect them, We will contact you to ask for further instructions.

12.6.1 We may charge you for storage and for further delivery costs. If, despite Our reasonable efforts, We cannot contact you We may charge a reasonable sum in compensation for any net costs incurred by Us as a result.

  • Responsibility for the Vehicles and/or Vehicles passes to you on payment of Our invoice which must be in advance regardless of if We have delivered the Vehicles and/or Vehicles to the address you have provided or once you (or a carrier organised by you, if applicable) collect the Vehicles and/or Vehicles from Us. We will not deliver the vehicle/s until payment of all sums including any additional interest or other charges has been made in full as cleared funds.
  • We will not be responsible for delivering Vehicles late or for not delivering Vehicles if this is due to you not providing Us with required information within a reasonable period of Us asking for it.

 

  1. Faulty, Damaged, or Incorrect Vehicles and/or Vehicles
    • Refer to Schedule 1 for consumer customers and Schedule 2 for business customers.
  2. Complaints and Feedback
    • We always welcome feedback from Our customers and, whilst We always use reasonable efforts to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
    • If you wish to complain about any aspect of your dealings with Us, please contact Us using the contact details provided above or using Our complaints form, available at https://www.emotivecarsourcing.co.uk/contact-us/

 

  1. How We Use Your Personal Information

We will only use your personal information as set out in Our Privacy Policy, available from https://www.emotivecarsourcing.co.uk/privacy-policy/ and Our Cookie Policy.

 

  1. What Happens if We Transfer this Agreement to Another Party

We may transfer (assign) Our obligations and rights under these Terms of Sale (and the Contract) to a third party (this may happen, for example, if We sell Our business). If this Occurs, We will inform you in writing. We will ensure that your rights under these Terms of Sale (and the Contract) will not be affected and Our obligations under these Terms of Sale (and the Contract) will be transferred to the third party who will remain bound by them.

 

  1. Events Outside of Our Control (Force Majeure)
    • We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
    • If any event described under this Clause 17 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:
      • We will inform you as soon as is reasonably possible;
      • We will take all reasonable steps to minimise the delay;
      • To the extent that We cannot minimise the delay, Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
      • We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of the vehicle/s as necessary;
      • If the event outside of Our control continues for more than 3 months We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 14 days of the date on which the Contract is cancelled and will be made using the same payment method that you used when ordering the Vehicle/s;

 

  1. Other Important Terms
    • You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
    • The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.
    • If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
    • No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.

 

  1. Alternative Dispute Resolution
    • Alternative dispute resolution or ‘ADR’ refers to ways of resolving disputes between a consumer and a customer without going to court.
    • Our ADR provider is Motor Ombudsman. If you are unhappy with how We have handled your complaint, you may wish to contact them https://www.themotorombudsman.org/ .
    • Complaints can be submitted to them via https://www.themotorombudsman.org/

 

  1. Law and Jurisdiction
    • These Terms of Sale, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
    • If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Schedule 1 takes away from or reduces your legal rights as a consumer.
    • If you are a consumer, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms of Sale or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
    • If you are a business user, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms of Sale or to the relationship between you and Us (whether contractual or otherwise) shall be subject to Clause 19 subject to the exclusive jurisdiction of the courts of England and Wales.

 

SCHEDULE 1

          CONSUMER SCHEDULE

  1. When You Own the Vehicles

Ownership of the Vehicles passes to you once We have received payment in full of all sums due.

 

  1. Faulty, Damaged, or Incorrect Vehicles
    • This Clause 22 provides a summary of your legal rights as a consumer. These rights may be subject to certain exceptions. For full details please refer to the Citizens Advice website or contact them on 0808 223 1133. Nothing in these Terms of Sale will affect your legal rights.
    • The Consumer Rights Act 2015 requires that vehicles must be as described, fit for purpose, and of satisfactory quality.
      1. Beginning on the day that you receive the Vehicles (and ownership of them), you have a 30-calendar day right to reject them and to receive a full refund if they do not conform as stated above. It is up to you to prove beyond reasonable doubt that this is the case and this right only arises provided that the process was completed online and not in person. But please note this right is lost if you drove the vehicle more than 30 miles within 14 days and you are liable for any wear tear and damage to the vehicle at all times.
      2. If you do not wish to reject the Vehicles, or if the 30-calendar day rejection period has expired, you may request a repair or a replacement in the period of 6 months from delivery. We will cover any associated costs and will carry out the repair or replacement within a reasonable time and without significant inconvenience to you. In certain circumstances, where a repair or replacement is impossible or otherwise disproportionate, We may instead offer you the alternative (i.e. a replacement instead of a repair or vice versa) or a full refund (subject to any wear tear or damage caused by you.) If you request a repair or replacement during the 30-calendar day rejection period, that period will be suspended while We carry out the repair or replacement and will resume on the day that you receive the replacement or repaired Vehicles and/or Bespoke Vehicles. If less than 7 calendar days remain out of the original rejection period, the time remaining will be extended to 7 calendar days.
      3. If, after a repair or replacement, the Vehicles still do not conform (or if We cannot repair or replace them, as described above, or have failed to act within a reasonable time or without significant inconvenience to you), you may ask Us to attempt the repair or replacement again (you do not have to give Us multiple opportunities to do so if you do not want to), or you have the right either to keep the Vehicles at a reduced price, or to reject them in exchange for a refund.
      4. Please be aware that you must prove that the defect or non-conformity existed at the time of delivery.
    • Please note that you will not be eligible to claim under this Clause 22 if:
      1. We informed you of the problem(s) with the Vehicles before you purchased them or you had the opportunity to examine them before purchase and the problem(s) should have been obvious to you; or
      2. You have caused the problem(s) yourself, for example, through misuse or intentional or careless damage; or
      3. You have purchased the Vehicles for an unsuitable purpose that is neither obvious nor made known to Us and the problem(s) has/have resulted from your use of the Vehicles for that purpose; or
      4. The problem(s) is/are a result of your provision of incorrect information, rather than the Vehicles not being as described, fit for purpose, or of satisfactory quality for reasons that would otherwise entitle you to claim;
      5. The problem(s) is/are the result of normal wear and tear; or
      6. You have changed your mind.
    • If there is a problem with the Vehicles and/or Bespoke Vehicles, please contact Us.
    • If you exercise your legal right to reject the Vehicles you must return them to Us.

 

  1. Your Rights to Cancel and End the Contract
    • Only if the Vehicles are faulty or misdescribed, you may have a legal right to end the Contract, to have the Vehicles and/or repaired, or to get a full or partial refund. Please refer to Clause 2, above, for more information.
    • If you are a consumer and have changed your mind, you may have a legal right to a 14 day “cooling-off period” within which you can end the Contract for any reason as set out below.

 

  1. Cancelling and Ending the Contract if You Change Your Mind
    • If you are a consumer, the Consumer Contracts Regulations 2013 give you the legal right to change your mind and end the Contract for any reason, subject to the exceptions stated below in Clause 24.4. This 14-calendar day “cooling-off period” begins once you sign or otherwise accept the Agreement with Us and we send you the confirmation, i.e. when the Contract is formed, and ends as set out below. You may also cancel for any reason before We send the Order Confirmation.
    • If you wish to end the Contract for this reason, you must inform Us within the cooling-off period. You may inform Us in any way you wish (including by email, post, or telephone). Please state that you want to cancel and end the Contract, providing your name, address, details of your Order and, where possible, your email address and telephone number. For your convenience, We also offer a cancellation form on request.
    • Your cancellation notice is effective from the date on which you send it. Provided you send your cancellation notice or contact Us directly by 23:59:59 on the final day of the cooling-off period, your cancellation will be valid and accepted.
    • Please note that this right to cancel may not apply in the following circumstances:
      1. If the vehicles has been personalised or customised for you;
      2. Upon delivery and your acceptance of the vehicle/s;
      3. After the 14 days has expired;

 

  1. Returning Vehicles and/or Bespoke Vehicles After Cancelling and Ending the Contract
    • If you cancel and end the Contract for any reason after Vehicles have been dispatched or delivered to you, you must return the Vehicles to Us or arrange for their collection.
    • If you are exercising your right to change your mind under the cooling-off period, you must return the Vehicles to Us no more than 14 calendar days after the day on which you informed Us that you wish to cancel.
    • We will cover the costs of returning the Vehicles and/or Bespoke Vehicles to Us in the following circumstances:
      1. The Vehicles are faulty or misdescribed;
      2. You are cancelling and ending the Contract because you have a legal right to do so because We have done something wrong giving you the right to do so.
    • In all other circumstances including where you are exercising your right to change your mind under the cooling-off period, you must cover the costs of returning the Vehicles to Us.
    • If you are responsible for the costs of returning the Vehicles to Us and We are collecting them, the cost charged to you will only be the direct cost to Us of collecting the Vehicles.

 

  1. Refunds
    • All refunds due to you will be made using the same method used by you when paying for the Vehicles and/or Bespoke Vehicles . You will be refunded the price paid for the Vehicles and/or Bespoke Vehicles and for delivery, subject to the following limitations and deductions:
      1. If you are exercising your right to change your mind under the cooling-off period, We may reduce your refund to reflect any reduction in the value of the Vehicles if that reduction has been caused by your handling of the Vehicles in a way that would not be permitted in a shop. If We issue the refund before inspecting the Vehicles and subsequently discover that you have handled them in this way, We may charge you an appropriate sum.
      2. Standard delivery charges (i.e. the cheapest option available for your Order) will be refunded, but we do not reimburse premium delivery charges.
    • All refunds due to you will be made as soon as possible. If you are exercising your right to change your mind under the cooling-off period, We will issue your refund within 14 calendar days of:
      1. The day on which We receive the returned Vehicles;
      2. The day on which you inform Us (supplying evidence) that you have sent the Vehicles back (if this is earlier);
      3. If We are collecting the Vehicles, the day on which you inform Us that you wish to cancel and end the Contract; or
      4. If We have not yet provided an Order Confirmation or have not yet dispatched the Vehicles, the day on which you inform Us that you wish to cancel and end the Contract.

 

  1. Our Liability to Consumers
    • We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
    • Where you are a consumer We only supply vehicles for domestic and private use by consumers. We make no warranty or representation that the Vehicles are fit for commercial, business or industrial use of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
    • Nothing in these Terms and Conditions seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
    • Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer.

 

     SCHEDULE 2

     BUSINESS CUSTOMER SCHEDULE

 

  1. Business Customers and Consumers
    • This Schedule 2 applies to business customers only. These Terms and Conditions do not apply to individual consumers purchasing Vehicles for personal use (that is, not in connection with, or for use in, their trade, business, craft, or profession).  If you are a consumer, please consult Schedule 1.
    • Regarding matters set out in this Schedule 2 you acknowledge that you read and accepted them before forming a Contract with Us and had the opportunity to negotiate the provsions below. You further acknowledge that you have not relied upon any statement, representation, warranty, assurance, or promise made by or on behalf of Us that is not set out in the Terms and Conditions and the Schedules (excepting Schedule 1) and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based upon any statement herein.

 

  1. Faulty, Damaged or Incorrect Vehicles
    • With used Vehicles We cannot warrant they are free from defects and you are responsible to inspect the Vehicle/s before taking delivery
    • We will not be liable for any defect with or on the Vehicles if any of the following apply:
      • You have made use of the Vehicles after delivery;
      • You have made any unauthorised alterations or repairs to the Vehicles; or
      • The defect is the result of normal wear and tear, deliberate damage, negligence, or abnormal or unsuitable working conditions.
    • Save for your Statutory rights which are paramount (and subject to your proving defects existed before delivery) We shall have no further liability to you with respect to Vehicles after delivery.

 

  1. Our Liability
    • Subject to sub-Clause 30.4 We will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, interruption to business, for any loss of business opportunity, or for any indirect or consequential loss arising out of or in connection with any contract between you and Us.
    • Subject to sub-Clause 30.4, Our total liability to you for all other losses arising out of or in connection with any contract between you and Us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be the Contract price.
    • Except to the extent expressly set out above the terms implied by Sections 13 to 15 of the Sale of Vehicles Act 1979 and by Sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
    • Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); for fraud or fraudulent misrepresentation; for breach of the terms implied by Section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982; for defective products under the Consumer Protection Act 1987; or for any other matter in respect of which liability cannot be excluded or restricted by law.