Terms & Conditions

Online Purchase Terms and Conditions – April 2019

(Accessories and merchandise)

 

These terms and conditions shall apply exclusively to all orders placed on the Lancaster Jaguar Shop (the “Terms”). These terms and conditions shall also apply where the Customer places an order for goods via the Lancaster Jaguar Shop and subsequently places an order for the purchase of services in relation to those goods, where such an order is not placed via the Lancaster Jaguar Shop

These Terms set out:

  • your legal rights and responsibilities;
  • our legal rights and responsibilities; and
  • certain key information required by law.

In these Terms:

  • ‘we’, ‘us’ or ‘our’ means Lancaster Motor Company Limited t/a Lancaster Jaguar Reading;
  • ‘you’ or ‘your’ means the person using our site to buy goods from us; and
  • website’ means Lancaster Jaguar Shop (landrovershop.jardinemotors.co.uk)

Who are we?

We are Lancaster Motor Company Limited t/a Lancaster Jaguar Reading registered in England and Wales under company number: 153658.

Our registered office is at: 770 The Crescent, Colchester Business Park, Colchester CO4 9YQ

Our VAT number is: 406974629.

Introduction


  • The website is operated by us, the sale of goods and services shall be completed between us via an applicable retail location (“Retailer Location”) and the contract shall be between us and you.
  • If you buy goods or services on the website you agree to be legally bound by these Terms. Any other general terms and conditions supplied by you are hereby expressly rejected. If you are a business customer you acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms.
  • These Terms are only available in English. No other languages will apply to these Terms.
  • When buying any goods you also agree to be legally bound by:
    • our Terms and any documents referred to in them;
    • extra terms which may add to, or replace some of, these Terms. This may happen for security, legal, regulatory or commercial reasons at any time without prejudice to the purchase orders already submitted.; and
    • specific terms which apply to certain goods. If you want to see these specific terms, please visit the relevant webpage for the goods.
  • All of the above documents form part of these Terms as though set out in full here.

Information we give you

  • By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. If you want to see this key information, please:
    • read the acknowledgement email (see clause 4.2.1); or
    • contact us using the contact details at the top of this page.
  • The key information we give you by law forms part of these Terms (as though it is set out in full here).
  • If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.

Your privacy and personal information

  • Our Privacy Policy is available at jardinemotors.co.uk/site/privacy-policy/.
  • 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.

Ordering goods and/or services from us

  • We set out below how a legally binding contract between you and us is made.
  • You can place an order on the website. Please read and check your order carefully before submitting it. However, if you need to correct any errors you can do so before submitting it to us.
    • When you place your order at the end of the online checkout process we will acknowledge your order by email. This acknowledgement does not, however, mean that your order has been accepted by us.
    • We may contact you to say that we do not accept your order.  This is typically for the following reasons:
      • the goods are unavailable;
      • we cannot authorise your payment;
      • you are not allowed to buy the goods from us;
      • we are not allowed to sell the goods to you;
      • you have ordered too many goods; or
      • there has been a mistake on the pricing or description of the goods.

 

  • We will only accept your order when we email you to confirm this (Confirmation Email). At this point:
    • a legally binding contract will be in place between you and us; and
    • we will dispatch the goods to you.

Right to cancel these Terms

  • You have the right to cancel your order for goods and/or services within 14days without giving any reason.
  • The cancellation period will expire after 14days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
  • Once we have completed the services, you cannot withdraw from the agreement, even if the cancellation period is still running. If you withdraw after we have started the services, you must pay us for the services provided up until the time you tell us that you wish to cancel the agreement.
  • To exercise the right to cancel, you must inform us of your decision to cancel your agreement by a clear statement (eg a letter sent by post, fax, email or contact us form). You can use the model cancellation form at http://campaigns.lancasterplc.com/pdf/1100.pdf, but it is not obligatory.
  • 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.

Effects of cancellation

  • If you cancel these Terms, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
  • We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
  • We will make the reimbursement without undue delay, and not later than:
    • 14 days after the day we received back from you any goods supplied; or
    • (if earlier) 14 days after the day you provide evidence that you have returned the goods; or
    • if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel these Terms.
  • We will make the reimbursement using the same means of payment as you used for the initial transaction.
  • If you have received goods:
  • you shall send back the goods or bring them back to us at Lancaster Motor Company Limited t/a Lancaster Jaguar Reading (Parts Dept. Webshop Returns), Bennet Road, Reading, Berkshire RG2 0QX, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from these Terms to us. The deadline is met if you send back the goods before the period of 14 days has expired;
  • you will have to bear the direct cost of returning the goods; and
  • you are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Delivery

  • We will use our nominated carrier to deliver our goods. If you want to see your delivery options, visit our webpage and select the relevant option before you place your
  • The estimated shipping time of the goods is set out in the Confirmation Email (see Clause 4.2.3).
  • If something happens which:
    • is outside of our control; and
    • affects the estimated date of delivery,
  • we will let you have a revised estimated date for delivery of the goods as soon as reasonably practicable.
  • Delivery of the goods will take place when we deliver them to the address that you gave to us or upon your collection of the goods from our premises.
  • We may not be able to deliver the goods if we are unable to properly identify you. We may ask you to provide us with a form of ID (passport or photocard driving licence). We will let you know if this is required.
  • Unless you and we agree otherwise, if we cannot deliver your goods within 30 days, we will:
    • let you know;
    • cancel your order; and
    • give you a refund.
  • If nobody is available to take delivery, please contact us using the contact details (at the top of this page).
  • You are responsible for the goods when delivery has taken place. In other words, the risk in the goods passes to you when you take possession of the goods.
  • We may deliver your goods to addresses outside of the UK and we will let you know if this is applicable to your goods.
  • We may deliver your goods in instalments and we will let you know if this is applicable to your goods.

Payment

  • We only accept payment PayPal.
  • We will do all that we reasonably can to ensure that all of the information you give us when paying for the goods is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with these Terms or ourPrivacy Policy (see clause 3) or breach by us of our duties under applicable laws we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
  • If your payment is not received by us and you have already received the goods, you:
    • must pay for such goods within 7 days; or
    • must return them to us as soon as possible. Until you have returned the goods to us you must keep the goods in your possession, take reasonable care of them (including ensuring that you follow any instructions or manuals given with the goods) and not use them before you return them to
  • If you do not return any goods (such as where you have not paid for them) we may collect the goods from you at your We will try to contact you to let you know if we intend to do this.
  • Nothing in this clause affects your legal rights to cancel the contract during the ‘cooling off’ period under clauses 5 and 6.
  • The price of the goods:
    • is in pounds sterling (£)(GBP);
    • includes VAT at the applicable rate; and
    • does not include the cost of delivering the goods. If you want delivery options and costs, visit our webpage before you place your order.
  • All price information shown on the websites, catalogues, brochures and in the order confirmation shall be understood to be revocable and nonbinding and could contain possible typos, printing errors or calculation errors.
  • It may be necessary during the provision of services for us to increase the price payable for the services due to us only becoming aware of information that requires an increase in the amount of time it will take to complete the services during the provision of the services, which you ought reasonably have been aware of at the time of placing the order for services and failed to notify us. Where this is necessary we will contact you in advance of any additional cost being incurred and agree the increased price for the services. Should we be unable to agree to the price increase with you, we shall be entitled to terminate the agreement for the delivery of the goods and services and shall reimburse you all payments received from you minus costs in relation to services that have been completed up to the point of termination or goods that have become inseparably mixed into your vehicle. Should you decline to proceed with the additional services required following assessment by us and we incur any additional costs in re-instating your vehicle, we may charge you for such additional work.

Nature of the goods

  • The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example, the goods:
    • are of satisfactory quality;
    • are fit for purpose;
    • match the description, sample or model; and
    • are installed properly (if we install any goods).
  • We must provide you with goods that comply with your legal rights.
  • The packaging of the goods may be different from that shown on the site.
  • While we try to make sure that:
    • all weights, sizes and measurements set out on the site are as accurate as possible, there may be a small tolerance in such weights, sizes and measurements in the goods; and
    • goods may vary slightly from their pictures. The images of the goods on the website[ are for illustrative purposes only. we cannot always guarantee that the colour of the goods displayed accurately reflects the colour of the goods ordered.
  • We may change the goods at its reasonable discretion for reasons including, but not limited to, the following:
    • to reflect changes in relevant laws and regulatory requirements; or
    • to implement technical adjustments and improvements, for example to address a safety issue.
  • If we cannot supply certain goods we may need to substitute them with alternative goods of equal or better standard and value. In this case:
    • we will let you know if we intend to do this but this may not always be possible; and
    • you can refuse to accept such substitutes, in which case we will offer you a refund or a replacement and let you know for how long such an offer remains open.

Faulty goods

  • Nothing in these Terms affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
  • Please contact us using the contact details at the top of this page, if you want:
    • us to repair the goods; or
    • us to replace the goods.

Liability

  • You are a consumer
    • Our responsibility for loss or damage suffered by you where you a consumer:
    • If we fail to comply with these Terms, we may be responsible for loss or damage that you suffer that is a foreseeable result of us breaching a term of the agreement or if we fail to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable.
    • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the goods and for defective goods under the Consumer Protection Act 1987.
    • We are not liable for business losses. If you are a consumer we only supply the goods or services to you for domestic and private use. If you use the goods or obtain the services for any commercial, business or re-sale purpose our liability will be limited as set out below.
  • You are a business customer
    • Nothing in these terms shall limit or exclude our liability for:
      • death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);
      • fraud or fraudulent misrepresentation;
      • 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; or
      • any matter in respect of which it would be unlawful for us to exclude or restrict liability.
    • All terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
  • Subject to clause 11.1, we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any agreement between us and you. Our total liability to you for all other losses arising under or in connection with any agreement between the parties, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to one hundred per cent (100%) of the total sums paid by you for goods and, where applicable, services under such agreement.

Services

  • Where we provide you with any services under these Terms we will use our reasonable endeavours to begin the services on the estimated date agreed with you during the order process. The date for commencement of the services and the date for completion of the services provided by us shall be an estimate only but we will keep you informed of any changes to the date for commencement of the services.

End of the contract

  • If you withdraw from the agreement we shall retain our right to receive any money which you owe to us under these Terms.

Limit on our responsibility to you

  • 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:
    • losses that:
      • were not foreseeable to you and us when the contract was formed; or
      • that were not caused by any breach on our part;
    • business losses; and
    • losses to non-consumers.

Disputes

  • We will try to resolve any disputes with you quickly and efficiently.
  • If you are unhappy with:
    • the goods;
    • our service to you; or
    • any other matter,
  • please contact us as soon as possible.
  • If you are a consumer and we have been unable to resolve your complaint you are advised to ask the Motor Ombudsman to review the complaint. For details of this service you can call their dedicated Code Advisory and Conciliation Service Consumer Advice Line on 0345 241 3008, submit an enquiry or complaint via the website www.TheMotorOmbudsman.org or write to The Motor Ombudsman Ltd, 71 Great Peter Street, London, SW1P 2BN.

Assignment

  • We may transfer our rights and obligations under these Terms to another organisation.
  • You will need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.

Third party rights

  • No one other than a party to this agreement has any right to enforce any term of these Terms.

Waiver

  • Even if we delay in enforcing this agreement, we shall still be entitled to enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of a breach of the terms of this agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

Governing Law

  • The laws of England and Wales will apply to these Terms and the courts of the United Kingdom in which you live will have exclusive jurisdiction in relation to these Terms.
  • If a court finds part of this agreement illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Website Usage

  • Our Website Usage Terms & Conditions is available at jardinemotors.co.uk/site/terms-and-conditions/.
  • If you continue to browse and use this website, you are agreeing to comply with and be bound by the Website Usage Terms & Conditions, which together with these Online Purchase Terms and Conditions and our Privacy Policy governs our relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.