Terms and Conditions of Evans Halshaw WeBeatAnySale guarantee Pendragon PLC 2016. Nothing in these terms and conditions will affect or limit the statutory rights of the Customer.
In these terms, unless the context requires otherwise, the following definitions apply:-
1.1 Customer is the retail consumer who has made an enquiry to purchase the Vehicle.
1.2 Company means Pendragon PLC or any subsidiary of the same as defined by section 1159 of the Companies Act 2006 and as identifiable as the Seller on the Order.
1.3 Day or Days means any day including a Saturday or Sunday or Bank Holiday (as defined in the Banking and Financial Dealings Act 1971).
1.4 Evans Halshaw Dealership means the motor vehicle dealership owned and operated by the Pendragon PLC group of companies, including but not limited to those trading as Evans Halshaw, Evans Halshaw Motorhouse or Evans Halshaw Car Store at which the Vehicle is advertised for retail sale.
1.5. Similar Car is a passenger car advertised for general retail sale on the website of a Competitor Dealer which matches the Vehicle on a Like-for-Like Basis.
1.6 Like-for-Like Basis means a passenger car of the same make, model, specification, model year, registration plate year, on any applicable vehicle manufacturer approved used scheme or status, with a minimum of 6 months MOT (where applicable), having a verified mileage within 2000 miles of the Vehicle, available for sale and capable of being purchased without costs additional to the advertised price, at a Competitor Dealer within the Radius.
1.7 Competitor Dealer shall mean any motor vehicle dealership not owned and operated by the Pendragon PLC group of companies which has sales premises within the Radius and is of a similar size to the Evans Halshaw Dealerships;
1.8 Radius means 40 miles from the Evans Halshaw Dealership.
1.9 Order Form means the standard order form used at the Evans Halshaw Dealership.
1.10 Price shall mean the publically displayed and advertised retail price of the Vehicle inclusive of VAT available to all retail customers, excluding any sale prices, discounted prices, reduced prices available in connection with any available promotional offers or prices which arise as a result of an administration, receivership, liquidation, insolvency or possible insolvency, bankruptcy, winding up or other similar event.
1.13 Vehicle is a privately owned used passenger car (excluding those branded as Runabouts) advertised on the website of an Evans Halshaw Dealership.
2. Terms and Conditions
2.1 Where a Customer identifies a Similar Car priced lower than the Vehicle, they must submit a claim via the online form found at www.evanshalshaw.com/used-cars (“the Claim”).
2.2 All Claims must include a screen shot of, and a hyperlink to, the Similar Car on the Competitor Dealers website.
2.3 The Company will examine the Claim and determine in its absolute discretion whether the Claim is supported and valid.
2.4 If a Claim is validated, the Customer will be emailed a verification email to confirm that they may purchase the Vehicle for £50 less than the Similar Car (“the Verification”).
2.5 If a Claim is rejected, the customer will be emailed a rejection email (“the Rejection”).
2.6 If the Customer receives a Verification, to claim the reduced price, they must sign an Order Form for the Vehicle and pay a minimum of £200 deposit at the Evans Halshaw Dealership.
2.7 Any price reduction will be shown as a discount on the Order and not a reduction in the advertised Price of the Vehicle.
2.8 The decision of the Company to issue either a Rejection or a Verification is save for manifest error final.
2.9 The Company reserves the right to vary the terms and conditions of the Webeatanysale guarantee at any time. In the event of any dispute as to the interpretation of these terms and conditions, the application of the same or otherwise, the decision of the Evans Halshaw Dealership shall be final.
2.10 This promotion shall run until 31st January 2017.
2.11 Only one claim leading to a Verification may be submitted by a Customer.
2.12 Save for the price reduction set out in the Verification, the Company and/or the Evans Halshaw Dealership shall not be liable for any claims, demands, damages, expenses or costs (including, without limitation, legal costs) incurred or made against it howsoever arising, whether directly or indirectly.
2.13 A person who is not a party to the Webeatanysale guarantee 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.
2.14 These terms and conditions are governed by the laws of England and Wales