Showroom terms and conditions

These Terms, and any Contract between us, are only valid in the English language.

These Terms and Conditions of Sale (“Terms”) will apply to any contract between us for the sale of a Vehicle (defined at Condition 2.2) (“Contract”).

Please read these Terms carefully and make sure that you understand them, before placing an order to purchase a Vehicle from us.

Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to purchase a Vehicle from us.

You should print or keep a copy of these Terms or save them to your device for future reference.

We amend these Terms from time to time as set out in Condition 17. Every time you wish to place an Order, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 29 December 2023.

Your attention is drawn to Condition 11 which sets out your rights as a consumer and Condition 12 which explains the limits on our liability to you.

1. Information about us

1.1 We are Motorpoint Limited a company registered in England and Wales with company number 03482801 and with our registered office at Motorpoint Ltd, Champion House (formerly Salisbury House), Stephensons Way, Chaddesden, Derby, DE21 6LY (“we”, “us”, “our”). Our VAT number is 241 2346 43.

1.2 We operate the website www.motorpoint.co.uk (“Site”).

1.3 Contacting us:

(a) If you have any questions, complaints, or want help with an order, you can contact us by telephoning our Customer Services team on 01332 347357 or by e-mailing us at customercare@motorpoint.co.uk.

(b) To cancel a Contract before you collect the Vehicle in accordance with your right to do so as set out in Condition 7, you just need to let us know that you have decided to cancel.

The easiest way to do this is to contact your salesperson at the relevant showroom either by attending in person or contacting us using the details at Condition 1.3(a) above.

If you are e-mailing us please include details of your Order to help us to identify it. If you send us your cancellation notice by email, then your cancellation is effective from the date you send the e-mail to us.

You do not have the right to cancel your purchase after collection unless the Vehicle is faulty (see Condition 11 below). However, you may have a right to exchange the Vehicle (see Condition 8 below).

(c) If we have to contact you or give you notice in writing and we are not able to do so in person in one of our showrooms, we will do so by e-mail or by post to the address you provide to us in your Order.

2. How the Contract is formed between you and us

2.1 You may have reserved the Vehicle prior to visiting our showroom to inspect it by telephoning us or through our Site. This reservation will be governed by our Reservation Terms and Conditions and does not form part of our Contract with you to sell you the Vehicle.

2.2 When you inspect a vehicle in one of our showrooms and make an offer to purchase it (“Vehicle”) for the Price, you are placing an “Order” with us for the purchase of the Vehicle, which is subject to these Terms.

2.3 We will confirm in writing that we accept your Order (“Order Confirmation”). Please note that any other communication from us, including any verbal communication, is only an acknowledgement and not an acceptance of your Order and you will then be directed to our online portal to complete the purchase process.

2.4 These Terms and Conditions will become binding on you when:

(a) we confirm in writing that we have accepted your Order;

(b) you make payment of the Price to us; or

(c) we commence processing of the Order; whichever is the earlier, at which point a “Contract” shall come into existence between you and us.

2.5 Any Order placed by you is subject to acceptance by us. We may choose not to accept or to decline your Order for any reason and will not be liable to you or to anyone else in those circumstances.

2.6 If we are unable to provide the Vehicle, for example because it is no longer in stock, no longer available, because of a fault or defect which we have identified or because we have identified it will not meet any specific requirement which you have given us, we will inform you of this and we will not process your Order. We will refund you any sums you have already paid in accordance with Conditions 11.4 and 11.5.

3. Price of Vehicle and additional charges

3.1 The price of the Vehicle will be as quoted in our showroom, the Site, or otherwise notified to you at the time you place your Order.

3.2 Where noted on the Order Confirmation, the price of the Vehicle includes a deposit (“Deposit”).

3.3 Where applicable, the following additional charges will also be payable:

(a) an administration charge (“Admin Fee”), which will be confirmed to you by our sales team;

(b) vehicle tax;(b) vehicle insurance;

(d) the charges associated with any additional Motorpoint products which you have chosen.

3.4 The sums payable in accordance with Condition 3.1, and (as applicable) Condition 3.2 and Condition 3.3, shall together constitute the full price payable by you (“Price”).

3.5 You will be required to register and pay vehicle tax with the Driver and Vehicle Licensing Agency at the point of collection, which we will assist you with. You will also need to have vehicle insurance in place before you are able to drive the Vehicle.

3.6 The Price includes VAT (where applicable) at the applicable current rate chargeable in the United Kingdom for the time being. However, if the rate of VAT changes between the date of your Order and the date of collection, we will adjust the VAT you pay, unless you have already paid for the Vehicle in full before the change in VAT takes effect.

3.7 The Price may change from time to time, but, other than where identified in Condition 3.8, changes will not affect any Order that you have already placed.

3.8 We take all reasonable care to ensure that the Price advised to you is correct. However, it is possible that, despite our reasonable efforts, the Price we provide may be incorrect.

3.9 In the event that we have advertised the wrong Price we will ask you whether you wish to proceed at the correct Price.

3.10 If you agree to proceed at the correct Price we will refund you or charge you the difference between any amount you have paid and the correct Price.

3.11 If you are not happy to proceed, or we are unable to obtain your instructions, we will cancel the Contract and refund you any amount of the Price you have already paid.

3.12 Orders placed by members of the motor trade will include a trade administration fee of £499 in addition to the Price.

4. Payment

4.1 Where applicable, you will need to pay the Deposit when you place your Order for the Vehicle. We cannot process your Order until we have received the Deposit in full cleared funds. The Deposit can be paid by debit or credit card.

4.2 Once you have inspected the Vehicle and wish to proceed with your purchase you will need to pay the Price. The outstanding Price can be paid by either:

(a) credit or debit card

(b) electronic transfer where we have agreed to this in advance; or

4.3 Where we have agreed in advance, you may pay part or all of the Price by providing us with another vehicle as a part-exchange. Please see Condition 5 for what happens if you would like to make a part-exchange.

4.4 Unless otherwise stated in the Order Confirmation or any finance agreement which you have entered and we have accepted as your means of payment, payment of the Price is due by no later than when you collect the Vehicle from our premises (“Due Date”).

4.5 If you do not make payment to us by the Due Date, we may:

(a) not allow you to collect the Vehicle until we have received payment of the Price in full and cleared funds;

(b) charge you for reasonable administration, storage and insurance charges;

(c) charge you interest on the Price at the rate of 2% above the annual base lending rate of Santander UK Plc from time to time. Where we charge you interest this shall accrue on a daily basis from the Due Date until the date of actual payment of the overdue amount, whether before or after judgement; or

(d) cancel the Contract to sell you the Vehicle immediately in accordance with Condition 13.

5. Part-Exchange

5.1 If you have a vehicle you wish to part-exchange (“Part-Exchange Vehicle”) you must:

(a) notify us in advance of placing an Order;

(b) provide us with any information regarding the Part-Exchange Vehicle which we
may reasonably request; and

(c) bring the Part-Exchange Vehicle to a showroom agreed by us at a time which is convenient to us in order for us to examine it.

5.2 If we agree to consider your Part-Exchange Vehicle, we will examine it at a pre-agreed time and may, at our discretion, then offer a part-exchange option.

5.3 If we are willing to accept a Part-Exchange Vehicle as part of the Price, we will provide you with a valuation for the Part-Exchange Vehicle (“Part-Exchange Valuation”).

5.4 You have no obligation to accept any Part-Exchange Valuation and can change your mind about a part-exchange at any point until you deliver the Part-Exchange Vehicle to us and collect the Vehicle as long as you notify us of your decision.

5.5 You must notify us if you wish to accept the Part-Exchange Valuation we have provided. We will then recalculate the Price to take into account the Part-Exchange Valuation in exchange for you transferring the Part-Exchange Vehicle and ownership of the Part-Exchange Vehicle to us.

5.6 For the avoidance of doubt, we are entitled to reject a Part-Exchange Vehicle which is delivered to us for any reason, including but not limited to circumstances where:

(a) the condition of the Part-Exchange Vehicle has changed since we provided the Part-Exchange Valuation;

(b) the condition of the Part-Exchange Vehicle is not as stated in the description given by you;

(d) the Part-Exchange Vehicle has been subject to a total loss claim;

(e) any other issue is identified by a HPI check or equivalent vehicle history check on the Part-Exchange Vehicle;

(f) the Part-Exchange Vehicle is not your property to dispose of or you do not have the right to sell it;

(g) the V5c registration documentation and any associated documentation (such as service books and MOT certificates) for the Part-Exchange Vehicle is missing, incomplete or is not in your name; or

(h) you have not provided all sets of keys, locking wheel nuts and other accessories to the Part-Exchange Vehicle.

5.7 In the event that we reject a Part-Exchange Vehicle in accordance with Condition 5.6 above we are entitled at our option to:

(a) reject the Part-Exchange Vehicle entirely and require payment of the Price by another means; or

(b) provide a new Part-Exchange Valuation in relation to the Part-Exchange Vehicle.

5.8 When delivering a Part-Exchange Vehicle to us you must provide:

(a) all sets of keys to the Part-Exchange Vehicle; and

(b) the V5c registration documentation in your name and any associated documentation (such as service books) for the Part-Exchange Vehicle,

without which we will not accept the Part-Exchange Vehicle.

6. Collection

6.1 Subject to Condition 3.3(a), we will deliver the Vehicle to the showroom agreed by you and us in the Order and we will contact you once the Vehicle is ready for collection.

6.2 Collection of the Vehicle may only take place once:

(a) you have signed our pro-forma invoice (or other such written confirmation as we may require from time to time);

(b) subject to any finance agreement that you may have in place, we have received payment of the Price in full and cleared funds; and

(c) we have accepted delivery of any Part-Exchange Vehicle we have agreed to accept as part payment of the Price in accordance with Condition 5, at which point, ownership of the Vehicle will pass to you and ownership of any Part-Exchange Vehicle will pass to us. Collection shall subsequently be completed on your physical collection of the Vehicle at our premises. We own the Vehicle until payment of the Price has been made.

6.3 If you have notified us in writing or we have agreed in the Order Confirmation that you need to collect the Vehicle by a specific date and we do not have the Vehicle ready for collection on that date, you can:

(a) request a new collection date which we will use reasonable endeavours to agree to and meet; or

(b) cancel your Order and we will refund you in accordance with Conditions 11.4 and 11.5.

6.4 If we have agreed to a new collection date in accordance with Condition 6.3, but the Vehicle is not ready for collection on that date, then you can cancel your Order and we will refund you in accordance with Conditions 11.4 and 11.5.

7. Cancellation

7.1 You have the right to cancel your Order at any time before Collection by contacting us as set out in Condition 1.3. Please see Conditions 11.4 and 11.5 for details of amounts that will we refunded.

7.2 We may cancel the Order for any reason, including but not limited to circumstances where:

(a) we have reason to believe you do not intend to or are unable to, purchase the Vehicle; or

(b) you have reserved or attempted to reserve a number of vehicles which we believe to be unreasonable at the same time or have done so in the past;

(d) we believe that the Vehicle will not be suitable for sale.

8. Exchanges

8.1 As you have had the right to inspect the Vehicle at our premises before you have purchased it, you do not have the right to cancel your purchase unless the Vehicle is faulty (see Condition 11 below). However, so long as the Vehicle is not a commercial vehicle, you have a right to request an exchange of the Vehicle in accordance with this Condition 8.

8.2 To complete an exchange, you must:

(a) contact us and have returned the Vehicle to us (“Collection Date”) within 7 days of collecting the Vehicle (the “Returned Vehicle”) from us;

(b) identify which vehicle you wish to exchange the Returned Vehicle for (the “Exchange Vehicle”);

(c) unless we expressly agree otherwise in writing, comply, and ensure the Returned Vehicle complies, with this Condition 8; and

(d) not have exchanged a vehicle under this contract or any other contract between you and us in the 30 days preceding the date you contact us in accordance with Condition 8.2(a).

8.3 The Exchange Vehicle you identify must be:

(a) in stock and for sale at a Motorpoint showroom; and

(b) in our opinion, in materially the same condition as the Returned Vehicle.

8.4 The Returned Vehicle must:

(a) not have previously been subject to an exchange with us;

(b) be in materially the condition (with no modifications or alternations having been made to the Returned Vehicle) it was on the date of collection;

(d) not be subject to a finance or other credit arrangement which we were not expressly aware of at the time of its collection;

(e) not be subject to any of the circumstances described in Condition 5.6 (with references to the Part-Exchange Vehicle being replaced with references to the Returned Vehicle); and

(f) be returned within 7 days of the Collection Date.

8.5 Motorpoint may make the exchange subject to:

(a) payment of a charge for mileage incurred on the Returned Vehicle since its collection at 50 pence per mile after the first 200 miles;

(b) completion of satisfactory finance and credit checks;

(d) payment of any costs incurred by us in: (i) repairing any cosmetic damage to the Returned Vehicle; and/or (ii) returning the Returned Vehicle to the same standard as it was when it was purchased by you;

(e) payment of an Admin Fee in respect of the Exchange Vehicle; and

(f) the rights and requirements set out in these Conditions in respect of the original Order for and purchase of a Vehicle.

8.6 You will not be entitled to a refund of the Admin Fee or Transportation Fee paid in respect of the Returned Vehicle.

9. Your obligations

9.1 By entering the Contract with us you agree that you will co-operate with us and provide us with any information we may request in order to perform our obligations under the Contract.

9.2 You must hold a valid driving licence which allows you to drive in the UK in order to place an Order with us.

9.3 You are responsible for ensuring that the Vehicle is fully insured, taxed and maintained from the point at which you collect the Vehicle. The risk of damage to, loss of, or deterioration of, the Vehicle passes to you at this point.

10. The Vehicle

10.1 The Vehicle may previously have been used as a hire, lease or rental vehicle or have had multiple users. We do not obtain details of the Vehicle’s previous use, but the majority of our vehicles have been used for business purposes. We will provide you with any additional information about the Vehicle that we can on request but make no guarantee that the Vehicle will be provided with a full service history. If you have any questions about the previous use of the Vehicle or have specific requirements we advise you to discuss these with us before placing your Order.

10.2 The images of the Vehicle on our Site are for illustrative purposes only. Although we have made every effort to display the Vehicle accurately, we cannot guarantee that a device’s display accurately reflects the appearance of the Vehicle.

10.3 The specification of the Vehicle is as provided by the manufacturer of the Vehicle when it is new. As such, we do not guarantee the accuracy of such information as it is provided to us by third parties.

10.4 The tax payable by you in respect of the Vehicle is based on information provided to us by third parties. We cannot guarantee its accuracy. The amount of tax payable by you may change from time to time in line with current legislation.

10.5 The Vehicle will be provided with the following:

(a) to the extent that it is still valid and has not expired, any manufacturer’s warranty; or

(b) if at the point of sale any such manufacturer’s warranty is no longer valid (owing to a missing or incomplete service history), a warranty to cover the period that would have otherwise been warranted but for the missing or incomplete service history up to a maximum of 12 months. Full details of this warranty will be provided to you separately, and may be provided by a third party.

10.6 Save as expressly set out within these Terms, or the conditions of any additional warranty or guarantee product you purchase with the Vehicle, we do not offer any warranty or guarantee in respect of the Vehicle. This does not affect any legal rights you may have as a consumer purchasing a Vehicle.

11. Returns and Refunds

Faulty Vehicles

11.1 We are under a legal duty to supply the Vehicle in conformity with this Contract. As a consumer, you have legal rights in relation to a Vehicle that is faulty, not of satisfactory quality, not fit for their usual purpose or not as described. These legal rights are not affected by your right of return and refund in this Condition 11 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. More details about your legal rights can be found at
https://www.motorpoint.co.uk/your-legal-rights. Any Deposit you have paid in respect of the Vehicle that does not meet these requirements will be repaid to you in full.

11.2 If you wish to exercise your legal rights to reject a faulty Vehicle:

(a) you should contact us as set out in Condition 1.3; and

(b) where requested by us, you must return the Vehicle (along with its V5c document, any keys and any extras provided by us (such as service history, MOT certificates, locking wheel nut, etc.)) within 7 days after the day you reject the Vehicle. Return of the Vehicle can be effected by either:

(i) contacting us to arrange a date for us to collect the Vehicle from you; or

(ii) bringing the Vehicle to your nearest Motorpoint showroom.

11.3 If you have not received a new V5c document following your purchase of the Vehicle, we may require a deposit of £250. We will release this on receipt of the new V5c document provided that you supply this to us within 14 days of returning the Vehicle to us.

Refunds

11.4 If you cancel your Order prior to viewing the Vehicle after it has been transported from another showroom to accommodate your Order, you will be charged a £149 charge for transporting the Vehicle (“Transportation Fee”). If possible, the Transportation Fee will be deducted from the Deposit and the remaining balance (if any) will be returned to you in accordance with Conditions 11.4 and 11.5.

11.5 Subject to Condition 11.1 and Condition 13, if your Order is cancelled in accordance with these Terms, we will not refund any Deposit or Admin Fee paid. However, we will refund remaining sums to you as follows:

(a) where you have paid the Price (or any part of it) for the Vehicle, we will refund the amount you have paid;

(b) where you have partly funded your purchase with a Part-Exchange Vehicle, we will:

(i) where possible, make the Part-Exchange Vehicle available for collection and refund you any sums you have paid; or

(ii) in the event that we are not able to return the Part-Exchange Vehicle, refund you the Part-Exchange Valuation amount plus any amount you have paid;

(c) subject to any deductions we are permitted by law to reduce your refund to reflect any reduction in the value of the Vehicle (this may include, but is not limited to (i) payment of a charge for mileage incurred on the Vehicle since its collection at 50 pence per mile after the first 200 miles, (ii) payment of any costs incurred by us in repairing any cosmetic damage to the Vehicle; and (iii) payment of any costs incurred by us in returning the Vehicle to the same standard as it was when it was purchased by you); and

(d) if you are exercising any legal right to reject the Vehicle, we will cover your reasonable costs of return where you have brought the Vehicle back to us.

11.6 Refunds will be made promptly by the method you used for payment and in any event within 28 days of becoming due.

12. Our liability to you

12.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.

12.2 If you are purchasing a Vehicle as:

(a) a consumer, we only supply the Vehicle for domestic and private use. You agree not to use the Vehicle for any commercial, business or resale purposes; and

(b) a business, we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity (including any investment costs incurred in relation to the conversion or modification of the Vehicle of any kind).

12.3 We do not in any way exclude or limit our liability for:

(a) death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation;

(c) breach of your legal rights under The Consumer Rights Act 2015 (which include the right to receive goods that match any description given, are of satisfactory quality, fit for their usual purpose and any particular purpose which you have made known to us); and

(d) defective goods under the Consumer Protection Act 1987.

13. Our rights to cancel

13.1 Without prejudice to any other remedies or rights under the Contract or otherwise, we may cancel the Contract with you at any time by giving you written notice if:

(a) you commit a material breach of any of the Terms, which shall include: non-payment of the Price; failure to collect the Vehicle within 7 days of us notifying you that it is ready for collection; and (if the breach is remediable), failure to remedy the breach within such time period as we deem appropriate at the time;

(b) you are the subject of a bankruptcy petition or order or we believe it reasonably likely that you will be the subject of a bankruptcy petition or order; or

13.2 Notwithstanding anything otherwise stated in these Terms, upon termination of the Contract for any reason set out in Condition 13.1, we may at our discretion and without any further liability to you (whether under Condition 11.4 or otherwise):

(a) if you have made full payment for the Vehicle we may either:

(i) deliver it to you; or

(ii) refund you the Price; or

(b) if you have not made full payment we may either:

(i) take possession of the Vehicle and refund you the Deposit and any other part of the Price which you have paid less any Transportation Fee and our reasonable administrative costs; or

(ii) require immediate payment of the remaining balance of the Price.

13.3 The accrued rights and remedies of each party as at the cancellation of the Contract and the continuation of any provision expressly stated to survive or implicitly surviving cancellation, shall not be affected.

13.4 For the avoidance of doubt, where:

(a) we take possession of the Vehicle as a result of our cancellation of the Contract; or

(b) you cancel the Contract, we may then immediately: display the Vehicle for sale on our Site or in a showroom; use it in any demonstration or test-drive; and sell the Vehicle to another customer.

14. Dispute Resolution

14.1 If you have any complaints, you can contact us by telephoning our Customer Services team on 01332 347357 or by e-mailing us at support@motorpoint.co.uk.

14.2 Alternative dispute resolution (“ADR”) is a process by which an independent body will consider the facts of a dispute and seek to resolve them without the need for a court.

14.3 Where at the conclusion of our complaints handling process you are still dissatisfied, you may use the South Yorkshire Trading Standards Services’ ADR Scheme to seek a resolution. For the avoidance of doubt, we do not undertake to take any part in any ADR process and will notify you on a case-by-case basis of our agreement or otherwise to take part in any ADR process. For details about the application process you can email adr@doncaster.gov.uk or telephone 01302 737573.

15. How we use your personal data

15.1 We will collect your personal data as part of our Contract with you. We only use your personal data in accordance with the Privacy Policy available on our Site. Please ensure you read the Privacy Policy as it includes important terms which will apply to you.

16. Events outside of our control

16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by any event or event which is beyond our reasonable control (an “Event Outside Our Control”).

16.2 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

(a) we will contact you as soon as reasonably possible to notify you; and

(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects your collection of the Vehicle, we will arrange a new collection date with you after the Event Outside Our Control is over.

16.3 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, we will refund any part of the Price which you have already paid, subject to these terms.

17. Our right to vary these Terms

17.1 We amend these Terms from time to time. We state at the beginning of the Terms when they were last updated. Every time you place an Order with us, the Terms in force at the time of your Order will apply to the Contract between you and us.

17.2 We may revise these Terms as they apply to your Order from time to time to reflect any changes in relevant laws and regulatory requirements.

17.3 If we have to revise these Terms as they apply to your Order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. If you opt to cancel, we will refund you in accordance with Conditions 11.4 and 11.5.

18. Other important terms

18.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.

18.2 Where we refer to “in writing” in these Terms, this includes email.

18.3 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

18.4 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

18.5 The average market value of any given car is calculated using retail market valuation data supplied daily by AutoTrader. Motorpoint then compares the price of its vehicles to calculate the saving off the average market valuation.

18.6 Each of the Conditions of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining Conditions will remain in full force and effect.

18.7 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

18.8 These Terms, and any Contract between us, are only valid in the English language.

18.9 Please note that these Terms are governed by English law. This means a Contract for the purchase of a Vehicle and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.