These terms and conditions were updated on 08 April 2020.
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://www.pennyhillmotors.co.uk/ website operated by Auto Trading + Logistics LTD trading as Penny Hill Motors (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
All vehicles are sold with a compulsory additional admin fee of £145 unless stated otherwise. You are encouraged to familiarise yourself with your rights contained within the Sale of Goods Act 1979, Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contracts Regulations 1999. If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that:
(i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase and that
(ii) the information you supply to us is true, correct and complete.
You expressly agree that Penny Hill Motors is not responsible for any loss or damage arising from the submission of false or inaccurate information. By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases. We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. You expressly agree that Penny Hill Motors cannot accept any liability for loss or damage arising out of such cancellation. We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.
1.0 Subject to paragraph 1.1 ALL HOLDING DEPOSITS ARE NON REFUNDABLE. 1.2 below, Penny Hill Motors provides You with 90-day warranty for the Car free of charge in house. 1.2 Cars received to us through part exchanges do not come with any warranty, nor can be refunded They are to be cleared and sold as seen. This will be stated on the invoice. 1.3 Penny Hill Motors does not provide any manufacturer’s guarantee for the Car. If and to the extent that a manufacturer’s guarantee endures from a previous period of ownership of the Car and You are entitled to receive the benefit of this, Penny Hill Motors reserves the right to provide only the difference between the 90 day warranty and that amount of coverage from which the Car will continue to benefit from the point of purchase. 1.4 The Car may previously have been used as a lease or rental Car or have had multiple users. It may also have been imported from another country. We will use reasonable endeavours to provide You with any additional information in our possession about the Car on Your request. However, if You have any questions about the previous use of the Car or have specific requirements You are advised to discuss these with us before placing Your Order. 1.5 The mileage on the Car may vary by a minor amount to that stated on the Site as a result of, for example, transport to our refurbishment facility and delivery to You. 1.5 References to “Leather” on the Site may not be genuine or 100% leather but rather partial leather or an artificial substitute.
Vehicle Purchases (continued)
1.6 The images of the Car on our Site are for illustrative purposes only. Although we make every effort to display the Car accurately, we do not guarantee that the images of the Car on the Site exactly reflect the actual appearance of the Car. In addition, although we make every effort to describe the colour of the Car accurately, You may consider that the colour description of the Car differs from the actual appearance of the Car. We do not guarantee that the colour of the Car exactly reflects the description. If You believe that the Car You purchased differs from the way it is depicted on our Site, You have the right to refuse to accept Delivery of the Car or return the Car and seek a refund in accordance with these Terms. 1.7 We check Your Car for manufacturer recall notices at the point Your Car arrives in our reconditioning centre. To the extent any recall notices are identified at that time we will endeavor to resolve the recall issue with the manufacturer. After this point we do not make any further recall checks. 1.8 We do not give or make any representation, warranty or undertaking that Your Car will not be subject to a manufacturer’s recall notice at the point of sale or at any time in the future.
1. Penny Hill Motors, may either reject your car return if it has been driven more than 250 miles or deduct from the purchase price of the Car specified in your purchase, the following: 1. £1.00 for every mile recorded in addition to the Car’s mileage on Your Order plus 250 miles and 2. the reasonable cost of repair to fix any damage caused to the Car during the ownership period. 2. In order to be eligible for a return, you must email us within 30 days of purchase. You must have the V5 logbook for the Car that you wish to return in Your possession. a. Upon return you will receive the refund within 12 working days. 3. Admin fees and warranties are non-refundable, due to it being from a third party. If at the time of purchasing the car, you have been made aware of any faults or the car was part of clearance. We will not be liable for any further issues that occur.
Availability, errors and inaccuracies
We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites. You expressly agree that any such offer of a product or service does not constitute a legal offer capable of attracting legal consequences. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. Section “Availability, Errors and Inaccuracies” is without prejudice to existing statutory rights.
The Service and its original content, features and functionality are and will remain the exclusive property of Penny Hill Motors and its licensors. The Service is protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Penny Hill Motors.
Links to other websites
Our Service may contain links to third-party websites or services that are not owned or controlled by Penny Hill Motors. Penny Hill Motors has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Penny Hill Motors shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
You agree to defend, indemnify and hold harmless Penny Hill Motors and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
Limitation of liability
In no event shall Penny Hill Motors, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service (ii) any conduct or content of any third party on the Service (iii) any content obtained from the Service and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Penny Hill Motors, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location b) any errors or defects will be corrected c) the Service is free of viruses or other harmful components or d) the results of using the Service will meet your requirements.
Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will Penny Hill Motors ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by Penny Hill Motors or any person for whom Penny Hill Motors Ltd is responsible, and even if Penny Hill Motors has been advised of the possibility of such loss or damage being incurred.
These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.
Contact us If you have any questions about these terms and conditions, please contact us: • by phone: +44 1276475166 • by email: adminpennyhillmotors.co.uk
This policy was updated on 08 April 2020
INFORMATION COLLECTION AND USE
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to, your email address, name, phone number (“Personal Information”).
We may also collect information that your browser sends whenever you visit our Service (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages and other statistics. In addition, we may use third-party services such as Google Analytics that collect, monitor and analyse this type of information in order to increase our Service’s functionality. These third-party service providers have their own privacy policies addressing how they use such information.
Cookies are files with a small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your computer’s hard drive. We use “cookies” to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
We may employ third-party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Service-related services or to assist us in analysing how our Service is used. These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
We may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
COMPLIANCE WITH LAW
We will disclose your Personal Information where required to do so by law or in accordance with an order of a court of competent jurisdiction, or if we believe that such action is necessary to comply with the law and the reasonable requests of law enforcement or to protect the security or integrity of our Service.
The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security. As such we make no warranties as to the level of security afforded to your data, except that we will always act in accordance with the relevant UK and EU legislation.
Our Service does not address anyone under the age of 13 (“Children”). We do not knowingly collect personally identifiable information from children under 13. If you are a parent or guardian and you are aware that your Children have provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from a child under age 13 without verification of parental consent, we take steps to remove that information from our servers.
This Policy shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.
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