Home delivery reservation terms and conditions
This pre-contract information and Reservation Terms and Conditions (“Terms”) will apply to any reservation of a Vehicle you make with us over the telephone or on our Site (“Contract”). Please read these Terms carefully and make sure that you understand them before making your reservation. If you refuse to accept these Terms, you will not be able to reserve a vehicle with us.
These Terms relate to the reservation of a Vehicle only and no obligation to purchase or sell the Vehicle is created by entering into a Contract based on them.
You should print or keep a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time and the latest version will be available on our Site. Each time you wish to reserve a vehicle, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 1 November 2023.
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 241 234 643. We operate from 13 retail sites across the country and also have a dedicated contact centre. Details of our stores are on our website.
1.2 We operate the website www.motorpoint.co.uk (“Site”).
1.3 For cancellations, queries or complaints we can be contacted via the salesperson who handles your enquiry, or our Home Delivery team on 01332 921009 or by emailing customercare@motorpoint.co.uk.
1.4 If we have to contact you or give you notice in writing we will do so by e-mail or by pre-paid post to the address you provide to us in your reservation.
2. How the Contract is formed between you and us
2.1 When you request a reservation either via our Site or over the telephone you are offering to reserve the specific vehicle described in your request (the “Vehicle”) in exchange for the Deposit, subject to these Terms.
2.2 We may acknowledge your reservation has been received but this does not constitute acceptance of your reservation. We will confirm by email that we accept your reservation once we have received the Deposit in cleared funds and the confirmation email will include full particulars of the Vehicle to be purchased, delivery preference and details of the total price. We may also follow this up with a telephone call.
2.3 These Terms shall become binding on you when:
(a) we confirm we have accepted your reservation; or
(b) you make payment of the Deposit to us; whichever is the earlier, at which point a “Contract” shall come into existence between you and us.
2.4 We may choose not to accept a reservation for any reason and will not be liable to you or anyone else in those circumstances.
2.5 All reservations will be subject to the stock that we hold and are made on a first-come first-served basis. Whilst we endeavour to keep the Site as up-to-date as possible, we cannot guarantee that all vehicles displayed on the Site or in our showrooms will be available for reservation.
3. Deposit
3.1 In order to make a reservation you are required to pay a deposit (the “Deposit”). We will not make your reservation until we have received the Deposit in cleared funds.
3.2 All payments can be made by either debit card or credit card. We do not accept cash payments.
3.3 If you decide not to purchase the Vehicle with more than 24 hours notice from a scheduled delivery slot we will refund you the Deposit in the same way that it was paid within 7 days of you informing us of your decision. If you fail to notify us of a cancellation with more than 24 hours of a scheduled delivery slot, you will be charged a “Cancellation Fee” of £149 and this will be deducted from the Deposit.
3.4 If you decide to purchase the Vehicle, you agree that we will retain the Deposit as a part payment towards the purchase price of the Vehicle.
3.5 The Deposit may change from time to time, but changes will not affect any reservation you have already made.
4. Reservations
4.1 You may only make a reservation if you hold a valid driving licence which permits you to drive in the UK.
4.2 Subject to Condition 5.4, we will reserve the Vehicle for you for you to inspect at Delivery unless you cancel the reservation or inform us that you do not wish to purchase the Vehicle at least 24 hours before the date of Delivery, at which point we will stop reserving the Vehicle for you and refund you the Deposit, subject to Condition 3.3.
4.3 Once we have accepted your reservation in accordance with Condition 2.2 above, the Vehicle will not be displayed on the Site or in a showroom or used in any demonstration or test-drive, other than on the Delivery Date (the date of handover of the Vehicle to you as set out in your sales invoice) or where requested by you in advance, unless the reservation is cancelled or you notify us
4.4 The images on our Site are for illustrative purposes only. Although we have made every effort to ensure the images are an accurate representation of the Vehicle, we cannot guarantee that your computer's display accurately reflects the appearance of the Vehicle.
4.5 This Contract is not a contract for the sale of the Vehicle or an offer to sell you the Vehicle at a specific price. You are not obliged to purchase the Vehicle and we are not obliged to accept any offer you make to purchase the Vehicle.
5. Cancellation
5.1 You have the right to cancel this reservation at any time before the Vehicle is delivered to you by contacting us as set out in Condition 1.3. Your Deposit will be refunded in accordance with Condition 3.3 subject to deduction of any Cancellation Fee if you have cancelled with less than 24 hours of an agreed Delivery.
5.2 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 homedelivery@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, Home Delivery Team, Chartwell Drive, Derby, DE21 6BZ
Email: customercare@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:
Ordered/received [*] on: _______________
Reservation number: _______________
Name of customer: _______________
Address of customer: _____________________________________________
Signature of customer: _______________ Date: _______________
[*] Delete as appropriate
5.3 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
5.4 We may cancel the reservation 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;
(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.
6. Effects of Cancellation
6.1 If you cancel this reservation, 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 3.3.
6.2 If you cancel the Contract after Delivery, this will be dealt with under the Home Delivery Sales Terms and Conditions.
6.3 We will make the refund within 14 days of receipt of a notice under Condition 5.2.
7. Our liability to you
7.1 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.
7.2 If you are reserving 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).
7.3 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); or
(d) for defective goods under the Consumer Protection Act 1987.
8. Dispute Resolution
8.1 If you have any complaints, you can contact us by telephoning our Customer Care team on 01332 347357 or by e-mailing us at support@motorpoint.co.uk.
8.2 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.
8.3 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.
9. Events outside of our control
9.1 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”).
9.2 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 our delivery of the Vehicle, we will arrange a new Delivery Date with you after the Event Outside Our Control is over.
9.3 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 14 days. To cancel please contact us as set out in Condition 1.3. If you opt to cancel, we will refund any part of the Price which you have already paid, subject to these Terms.
10. Other important terms
10.1These Terms (and any documents we expressly refer to within them) constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to the subject matter.
10.2 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms (and any documents we expressly refer to within them).
10.3 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
10.4 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. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
10.5 Where we refer to “in writing” in these Terms, this includes email.
10.6 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.
10.7 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.
10.8 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.
10.9 We may amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated. Every time you reserve a Vehicle, the Terms in force at the time of your order will apply to the Contract between you and us.
10.10 Please note that these Terms are governed by English law. This means these Terms 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.