EV Sales – Customer Terms and Conditions
Introduction and Definitions
1.1. EV Sales offers to sell goods, perform services and accept orders for such goods or services on the terms and conditions set out below.
1.2. These terms and conditions shall apply to any agreement between EV Sales and The Customer.
1.3. “EV Sales” refers to the trading company EV Sales Limited, its Holding Companies, its agent’s Representatives or its Assignees.
1.4. “The Customer” refers to any person, persons or company enquiring to or placing orders with EV Sales.
1.5. By placing an order with EV Sales, The Customer shall be deemed to have agreed to these terms and conditions.
1.6. Headings used in these terms and conditions are for convenience only and shall not affect their interpretation.
1.7. The masculine shall include all genders and the singular shall include the plural; any reference to statutory provisions is a reference to such statutory provisions as amended or re-enacted from time to time.
1.8. These terms are the only terms of the Contract. No variation to the Contract is effective unless agreed in writing by an authorised representative of the EV Sales.
Vehicles on the EV Sales Website
2.1. All prices advertised on the EV Sales website constitute an invitation to treat and not an offer.
2.2. Whilst EV Sales endeavours to make sure the prices on the website are accurate, price changes are implemented from time to time and may not have been updated on the website at the time of viewing. The Customer should ensure the correct price when making any enquiry.
2.3. All prices on the EV Sales website are inclusive of VAT.
2.4. All enquiries relating to vehicles advertised on the EV Sales website must be made either by telephone to an EV Sales Representative or via the website enquiry form where available.
3.1. Unless otherwise specifically agreed in writing ‘delivery’ means EV Sales making the vehicle available at EV Sales premises for collection by The Customer. Risk in the vehicle shall pass on delivery. In the event of cancellation, for any reason, The Customer agrees to return the vehicle or vehicles to EV Sales premises.
3.2. The Customer shall be liable to pay for the vehicle upon delivery. EV Sales may ask for a deposit at the time when the order is placed by The Customer and shall not be obliged to progress the order or otherwise implement the Contract until full deposit is paid.
3.3. The “Estimated Delivery Date” is an estimate only and not essential. EV Sales shall endeavour to deliver the vehicle by the Estimated Delivery Date but shall not be liable for any loss, damage or delay occasioned by failure to deliver on the date specified on the order.
3.4. As soon as the vehicle is ready for delivery, EV Sales shall inform The Customer who shall then have 7 days in which to pay the purchase price (less the allowance, if any) and take delivery of the vehicle.
3.5. The Customer shall not be entitled to take delivery of the vehicle unless the purchase price has been paid in full in cleared funds, and if he fails to pay, EV Sales shall be entitled to treat the Contract as repudiated by The Customer. Until the Contract is terminated the Dealer may store the vehicle itself or have it stored by third parties on such terms as EV Sales in its absolute discretion thinks fit. If EV Sales treats the Contract as repudiated by The Customer, EV Sales may (without prejudice to its other rights and remedies under the Contract) retain any deposit paid by The Customer and sell the vehicle and retain the proceeds of the sale. Release of the vehicle by EV Sales to The Customer is not confirmation by EV Sales that the purchase price has been paid in full.
3.6. If EV Sales fails to deliver the vehicle within 21 days after the Estimated delivery Date stated on the order The Customer may give 7 days’ notice to EV Sales requiring delivery. Failing such delivery The Customer may cancel the Contract.
Title of Goods
4.1 Notwithstanding delivery, the vehicle shall remain the sole and absolute property of EV Sales as legal owner until such times as The Customer shall have paid to EV Sales the full purchase price together with any additional costs that may be due to EV Sales under this Contract.
Finance / Payment
5.1 The vehicle shall remain the property of EV Sales and The Customer shall not collect the vehicle until such time as the Payment has been discharged in full.
5.2 In the event that The Customer arranges for a finance company to purchase the vehicle from EV Sales at the total vehicle price payable, EV Sales will not release the vehicle until the total vehicle price is discharged in full, including receipt of cleared funds from the finance company.
6.1 EV Sales reserves the right to vary the Purchase Price by any amount attributable to a variation in the cost or rate of road fund licence, car tax or VAT between the date of the Order and the date of delivery and The Customer shall be bound to pay the price as so varied.
Rights of Access
7.1 If for any reason payment, in part or in full, is withdrawn or becomes incomplete, the vehicle will revert back to the ownership of EV Sales.
7.2 EV Sales reserves the right for its servants or agents to enter upon any land or premises owned, occupied or controlled by The Customer where EV Sales knows or reasonably suspects the vehicle to be held for the purpose of obtaining possession of the vehicle.
Failure to Collect Goods
8.1 If The Customer fails to collect or pay for the vehicle or vehicles within 14 days of written confirmation that the vehicle or vehicles is/are ready for delivery, EV Sales shall treat the Contract as repudiated. Any deposit will be retained by EV Sales and any other money paid will be returned to The Customer.
8.2 Where the Contract is repudiated under clause 8.1, EV Sales reserves the right to put the vehicle or vehicles back on sale.
EV Sales Warranty
9.1 EV Sales warrants that any EV Sales vehicle shall be supplied free of defect at the time of delivery.
9.2 EV Sales warrants that we will repair or replace any material defect to the vehicle within 3 months from the date of delivery being made.
9.3 The defects stated in 9.2 shall apply only to major components. It does not cover perishable items such as tyres, lightbulbs and fuses.
9.4 This warranty does not apply to any damage or defect caused after the time of delivery to The Customer.
9.5 The vehicles or vehicles will be rectified under this warranty provided that:
i.The vehicle has been maintained only in accordance with EV Sales instructions and recommendations.
ii. The vehicle has not been misused.
iii. The vehicle has not been altered or adapted in any way.
9.6 The Customer shall notify EV Sales of any defects as soon as they become apparent.
Rights of Cancellation
10.1 Where a vehicle is viewed and inspected in person, there is no right to cancel the Contract once delivery has been made.
10.2 Where a vehicle is purchased online or by telephone, The Customer has the right to cancel the Contract for any reason 7 working days starting the day after delivery, as per the Consumer Protection (Distance Selling) Regulations 2000.
10.3 The Customer has a period of 30 days from the date of delivery to report any damage or defects on the vehicle to EV Sales in order to receive a full refund as per the Consumer Rights Act 2015.
10.4 The rights in clause 10.3 apply to damage or defects that were in existence at the time of delivery.
10.5 The rights in clause 10.3 do not apply to any damage caused by The Customer.
10.6 EV Sales accepts no liability for loss, theft or damage once delivery has been made.
11.1 EV Sales shall not be liable to The Customer if unable to carry out any provision of the Contract for any reason beyond its control including (without limitation) Acts of God, legislation, war, civil commotion, fire, flood, drought, failure of power supply, lock-out, strike, stoppage or other action by employees or third parties in contemplation or furtherance of any dispute or owing to the inability to procure parts or any vehicle required for the performance of the Contract.
12.1 This Contract is governed by the laws of England and Wales and any claims must go through a court in England or Wales.
12.2 If any provision of this Contract is held to be illegal, or becomes illegal due to the implementation of new legal provisions, all other provisions in this Contract shall remain in force.
12.3 In the event of any dispute or disagreement arising out of or in connection with this Contract, EV Sales and The Customer shall first use their reasonable endeavours to negotiate in good faith a settlement of such dispute by mediation.
12.4 Any notice or letter in connection with this Contract shall be delivered in writing either by email, or by letter.
12.5 Notices or letters under clause 12.4 are deemed to have been received:
i. Once the email has been sent;
ii. At the point of delivery if made by hand;
iii. 2 days after being sent if by recorded delivery.
13.1 EV Sales are aware of our responsibility to protect your personal data. We act in accordance with the principles introduced by applicable legal regulations and the general principle of good faith in the processing of personal data.
We determine clearly and precisely its legitimate and lawful purpose for processing personal data and process personal data to the extent necessary and in connection with the products and services we offer.
EV Sales will only transfer your personal data in compliance with applicable laws and only when it is necessary.
13.2 The Customer has a legal right to access the information we hold about them, and, if justified, they may ask for this information to be corrected, modified, blocked or removed. The data controller is H.E. GROUP Ltd.
13.3 EV Sales will provide The Customer’s personal information, to the extent the law allows and, if necessary, with your express consent, to:
(a) Law enforcement, local authorities and parking companies if they have the right to your information and it is required by law, including to make any necessary checks to verify the validity of The Customer’s driving licence.
(b) To third parties who act on our behalf in claims administration, in collecting monies that The Customer owes to EV Sales.
(c) Any party that EV Sales is required to provide The Customer’s information to by law.
Date in Force
These Terms and Conditions are in force from 4th October 2023 and supersede any previous Terms and Conditions.