Contactless collection 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 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 16. 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 1 February 2021.

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, 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 support@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 9, 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.

(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 pre-paid 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. 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 11.6 and 11.7.

3. Price of Vehicle and additional charges

3.1 The price of the Vehicle will be as quoted on our Site at the time you place your Order, unless we have agreed another price in writing.

3.2 Where noted on the Order Confirmation, the price of the Vehicle includes a deposit of £99 (“Deposit”).

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

(a) a £99 charge for moving the Vehicle (at your request and where we are able to do so) from its existing showroom to another showroom located closer to you (“Moving Fee”);

(b) vehicle tax;

(c) vehicle first registration fees (where these will be applicable to the Vehicle); and

(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.

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

(b) a separate finance agreement with one of our approved panel of lenders.

We will not invoice or accept payment from third party lenders or brokers who have not been approved by our panel approval process.

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 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 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;

(c) there is a discrepancy in the recorded mileage of the Part-Exchange Vehicle;

(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.

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

(j) require payment of the Price by another means; or

(k) provide a new Part-Exchange Valuation in relation to 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 11.6 and 11.7.

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 11.6 and 11.7.

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. Your Deposit will be refunded in accordance with the Reservation Terms.

7.2 Once the Vehicle has been collected, you have the right to cancel the contract within 14 days from collection (“Cancellation Period”) without giving any reason. The last date of your Cancellation Period will be set out in your Order.

7.3 To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement (e.g. by e-mail to support@motorpoint.co.uk or call 01332 921009). You may use the model cancellation form set out below.

Model Cancellation Form

Complete and return this form only if you wish to withdraw from the contract:

To: Motorpoint Limited, Sales Support Team, Chartwell Drive, Derby, DE21 6BZ

Email: support@motorpoint.co.uk

Tel: 01332 921009

I hereby give notice that I cancel my contract of sale of the following vehicle:

Registration Make Model Mileage Trim

Collected on:………………………………………………………………………….
Name of customer:…………………………………………………………………..
Address of customer:………………………………………………………………..
Signature of customer:………………………………… Date:…………………….

7.4 To meet the cancellation deadline send your communication concerning your exercise of the right to cancel as soon as possible before 5pm on the last day of the Cancellation Period and return the Vehicle within the next 14 days and in accordance with Condition 8.3.

7.5 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;

(c) we believe the Vehicle does not meet any of the specific requirements which you may have notified us of; or

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

8. Effects of Cancellation

8.1 If you cancel this Order, we will refund to you any part of the Price/Deposit which you have already paid using the payment method used by you to pay (unless you have expressly agreed otherwise), and subject to Condition 7.1.

8.2 If you cancel the Contract after collection, we may make a deduction from the amount we refund to you for loss in value of the Vehicle, and you are liable for any diminished value of the Vehicle resulting from the handling other than which is necessary to establish the nature, characteristics and functioning of the Vehicle. The Vehicle must be in the same condition it was (except for reasonable wear and tear for the period it is under your control), free from damage, correctly fueled and not have been in any accident from the point of collection. If the Vehicle has travelled more than 50 miles since collection (as noted by an increase in the
Vehicle’s mileage as set out in the Order), we will charge you an excess of 50 pence per mile for each mile after the first 50 miles and this amount will be deducted from the amount we refund to you.

8.3 The Vehicle and its V5c registration document with keys and any extras as provided by us (such as service history, MOT certificates, locking wheel nut) must be returned to us within 14 days after the day you cancel the contract and can be done
as follows by you bringing the vehicle to your nearest Motorpoint showroom at your own cost within 14 days of cancellation . The deadline is met if you return the Vehicle and these items before the end of 14 days from the date you cancelled.

8.4 We will make the refund within 14 days of Condition 8.3 being complied with.

8.5 If you cancel your Order after collection and have partly funded your purchase with a Part-Exchange Vehicle which we have taken away, where possible we will make your Part-Exchange Vehicle available for collection, but in the event that we are no
longer able to, we will refund the Part-Exchange Valuation amount to you in cash by bank transfer under Condition 8.1.

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 so 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 Vehicle is provided with the manufacturer’s guarantee to the extent that this is still valid and has not expired. We offer additional warranty or guarantee products at extra cost, please speak to your salesperson for details. Except where you
purchase an additional warranty or guarantee product, we do not offer any warranty or guarantee other than as stated in the Terms or implied by law.

11. Your rights of cancellation, return and refund

Changing your mind

11.1 You can cancel your Contract with us at any point before you collect the Vehicle by contacting us as set out in Condition 1.3.

11.2 Where you decide to cancel the Contract in accordance with Condition 7.2, we will refund you in accordance with Conditions 11.6 and 11.7.

Faulty Vehicles

11.3 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.

11.4 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 14 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.

Refunds

11.5 If you cancel your Order prior to viewing the Vehicle after it has been moved from another showroom to accommodate your Order, you will be charged the Moving Fee. If possible, the Moving Fee will be deducted from the Deposit and the remaining balance (if any) will be returned to you in accordance with Conditions 11.6 and 11.7.

11.6 Subject to Condition 11.5 and Condition 13, if your Order is cancelled in accordance with these Terms (including the exercise any legal rights to reject the Vehicle), we will refund you as follows:

(a) where you have paid a Deposit, we will refund you the Deposit;

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

(c) 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;(d) subject to any deductions we are permitted by law to reduce your refund to reflect any reduction in the value of the Vehicle; and

(e) 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.

11.7 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 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 we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business
opportunity.

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: nonpayment 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

(c) we believe that the Vehicle may not be suitable for sale.

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 11.6 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 Moving 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. Our right to vary these Terms

16.1 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.

16.2 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.

16.3 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 11.6 and 11.7.

17. Other important terms

17.1 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.

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

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

17.4 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.

17.5 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.

17.6 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.

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

17.8 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.