Terms and Conditions of Evans Halshaw Reservation Fee © Pendragon PLC 2018
1. Definitions In these terms, unless the context requires otherwise, the following definitions apply:-
a. "Appointment" means the appointment to view the Vehicle in accordance with Clause 7;
b. "Evans Halshaw Dealership" means one of the motor vehicle dealerships owned and operated by the Pendragon PLC group of companies, including but not limited to those trading as Evans Halshaw, which are listed on www.evanshalshaw.com/dealers/ and advertising the Vehicle for sale;
c. "Customer" means an individual who wishes to inspect a Vehicle at the Evans Halshaw Dealership;
d. "Reservation" means the process by which a Vehicle is reserved at a retail Customers request in accordance with these terms and conditions;
e. "Order Form" means the standard form used by the Evans Halshaw Dealership;
f. "Purchase" means the entering into a contract by the completion and signing of an Order Form;
g. "Reservation Fee" means the sum of £99 payable by a Customer in respect of a Vehicle;
h. "Vehicle" means the passenger car (being a car intended for the carriage of passengers) and light commercial vehicles (such as small vans and pick-up trucks and commercial vehicles) that a Customer wishes to be reserve;
i. "Working Day" means any day except Saturday, Sunday or any bank or customary public or statutory holiday in England and Wales;
2. These are the terms and conditions that apply to the exclusion of all others (including any verbal statement or representation) in respect of the Reservation Fee.
3. Reservation is only available to Vehicles advertised on www.evanshalshaw.com where the Vehicle is advertised with the Reservation Fee option.
4. A Reservation Fee can only be paid online at www.evanshalshaw.com.
5. To secure a Vehicle reservation, the Reservation Fee must be paid by debit or credit card in the name of the Customer. The Customer must also provide their:
b. full postal address;
c. telephone number;
d. email address;
e. chosen method of contact;
6. Once the Reservation Fee is confirmed as paid, Evans Halshaw will reserve the Vehicle at the Evans Halshaw Dealership for 48 hours, unless extended under Clause 7;
7. Within 48 hours of the Reservation being confirmed as being paid, the Customer must make an Appointment to view the Vehicle. An Appointment shall be either of:
(a) attending the Evans Halshaw Dealership to view the Vehicle; or
(b) making an appointment to view the Vehicle within 7 days from the confirmation of the payment of the Reservation Fee.
8. Where a Customer attends the Evans Halshaw Dealership and decides to Purchase the Vehicle by completing an Order Form, the Reservation Fee will be applied to the purchase price of that Vehicle as shown on the Order Form;
9. Where a Customer attends an Appointment and notifies Evans Halshaw, on the day of the Appointment, that they do not want to Purchase the Vehicle, the Reservation Fee will be refunded by way of credit to the payment card used in accordance with Clause 5 within five Working Days.
10. Where a Customer does not comply with the requirement of Clauses 7 or 9, the Reservation is forfeit and will not be refunded.
11. Customers may only make one Reservation at any one time.
12. The Reservation Fee is not a deposit, and shall not constitute a contract for the sale or purchase of the Vehicle.
13. A person who is not a party to the terms herein shall not have any rights under or in connection with it and the provisions of the Contracts (Rights of Third Parties) Act 1999 are expressly excluded.
14. These terms and conditions are governed by the laws of England and Wales.
15. The Parties submit to the exclusive jurisdiction of the English Courts.
16. Nothing in these terms and conditions will affect or limit the statutory rights of a consumer.