In these terms and conditions (“Conditions”): “Seller”, “we”, “our” or “us” means Ignition Imports Ltd. “Buyer”, “you” or “your” means the buyer of the vehicle or other goods (together defined as “Goods”) . “Consumer” means a Buyer who is a consumer within the meaning of the Consumer Rights Act 2015. 

1.         CONTRACT

1.1.      The Conditions set out the basis on which you will purchase the Goods that you have selected, and which is further described in the order form referred to in clause 1.2.1.

1.2.      The Conditions should be read in conjunction with the following documents:

1.2.1.       the order form describing the Goods ("Order Form");

1.2.2.       our Privacy Policy.

1.3.      Please read the Conditions and Order Form carefully before you agree to be bound by them. If you think there is a mistake in the Conditions or Order Form or you otherwise require a change to any of the provisions, please contact us before you sign the Order Form.

2.         RESERVATION

2.1.      A vehicle may be reserved from sale for your benefit for a £250 fee. 

2.2.      Payment of the fee set out in clause 2.1 shall reserve the vehicle from sale for a maximum period of 72 hours (the “Reservation Period”). The Reservation Period can only be extended with our written authorisation and this extended period will be subject to payment of an increased fee amount to be agreed.  Any such increased time period shall be deemed to be the Reservation Period.

2.3.      If no order for the purchase of the vehicle has been completed by you prior to the end of the Reservation Period:

2.3.1.       the vehicle shall no longer be reserved from sale and you acknowledge that the vehicle may be sold to other customers; and

2.3.2.       the Reservation Fee shall be returned to you in full.

2.4.      The Reservation Fee is not a deposit or partial payment for either the vehicle reserved or any other vehicle.

2.5.      If you chose to purchase the vehicle prior to the end of the Reservation Period you can elect to either:

2.5.1.       have the Reservation Fee be treated as a partial payment for the Vehicle and the Reservation Fee shall be deducted from the balance due; or

2.5.2.       have the Reservation Fee returned to you.

2.6.      You may only reserve one vehicle at any given time unless otherwise agreed by us.

3.         COLLECTION

3.1.      A maximum period of 5 days from the date of the contract for collection will apply unless otherwise agreed.

3.2.      If you do not collect the Goods from us as arranged or if, after a failed collection by you, you do not re-arrange collection of the Goods from us, we will contact you for further instructions and may charge you for storage costs (£10 per day plus VAT). If, despite our reasonable efforts, we are unable to contact you or re-arrange collection we may end the contract.

3.3.      Collection dates are estimated on vehicles in transit from Japan and are subject to change by Suppliers and as such are not guaranteed by us and cannot be relied upon.

4.         LIMITATION OF LIABILITY

4.1.      We will not be liable to you for losses that were not in the reasonable contemplation of both parties when the contract was formed.

4.2.      Nothing in this clause shall operate to restrict or exclude our liability or limit your rights in any way that cannot be restricted, excluded or limited by law.

5.         PART EXCHANGE

5.1.      Where we agree to allow part of the price of the Goods to be discharged by you delivering a used motor vehicle to us, the following conditions will apply:

5.1.1.       that such used vehicle is your absolute property and is free from all encumbrances or that such used vehicle is the subject of a hire purchase agreement or other encumbrance capable of cash settlement by us, in which case the allowance shall be reduced by the amount required to be paid by us in settlement thereof;

5.1.2.       that if we have examined the said used vehicle prior to confirmation and acceptance of this order, the said used vehicle shall be delivered to us in the same condition as at the date of such examination;

5.1.3.       that such used vehicle shall be delivered to us on or before collection of the goods to be supplied by us under this agreement, and the property in the said used vehicle shall thereupon pass to us absolutely;

5.1.4.       that, so far as you are aware, such used vehicle has not been used for rental/hire purposes whether private or commercial;

5.1.5.       that you will indemnify us in respect of any encumbrance on such used vehicle to ensure good title is transferred;

5.1.6.       that such used vehicle is as described herein with all known mechanical defects declared;

5.1.7.       that, so far as you are aware, such used vehicle has not been in any major accidents, stolen and recovered or the subject of a total loss claim;

5.1.8.     that, so far as you are aware, the milometer of such used vehicle is correct, if not a written record of the approximate true mileage has been supplied by you to us.

5.2.      If we accept the part exchange vehicle, you must give us:

5.2.1.       all copies of the part exchange vehicle's keys;

5.2.2.       the part exchange vehicle's most recent V5C registration document (together with appropriate proof of purchase if requested by us);

5.2.3.       the part exchange vehicle’s service history (if any);

5.2.4.       the part exchange vehicle's MOT certificate (if any);

5.2.5.       the part exchange vehicle's user manuals (if any); and

5.2.6.       any accessories there may be such as a locking wheel nut, radio fascia, remote controls, SD card and/or charging cables (if you have a plug-in car).

5.2.7.       You must remove any personal possessions from the part exchange vehicle before we take possession of it. We will not be responsible for any personal items lost once the part exchange vehicle is in our possession.

5.2.8.       You are responsible for removal, deletion or redaction of your personal information contained in the part exchange vehicle prior to handover of the part exchange vehicle, including as follows:

5.2.8.1.        if the part exchange vehicle has a satnav, phone interface or any other device capable of storing data, you will ensure that you have removed all personal data from these devices prior to handing the part exchange vehicle over to us. This includes contacts (names and numbers), previous or favourite destinations in your trip history and default “home” address; and

5.2.8.2.        you will ensure that your name and address are removed or redacted from any service or maintenance records that you hand over with the part exchange vehicle.

5.3.      The V5C registration document (which includes your name and address and is an official DVLA document) will remain with the part exchange vehicle until it is sold and re-registered by a new registered keeper or scrapped. Please note that before being re-registered by a new keeper, the part exchange vehicle may be sold to one or more motor traders who will not be obliged to register as the new keeper of the part exchange vehicle and remove your name and address from the V5C registration document. We do not accept any liability in respect of your personal information contained on the V5C registration document.

5.4.      In the event of the non-fulfilment of any of the foregoing conditions, either:

5.4.1.       we shall be discharged from any obligation to accept said used vehicle or to make any allowance in respect thereof and you shall discharge in cash the full price of the goods to be supplied by us and collect said used vehicle from us; or

5.4.2.       if required by us, pay our costs of any repairs of any mechanical defaults under clause 5.1.6 or replacement of any items missing under clause 5.2 and following receipt of such payment we shall accept said used vehicle and make allowance in respect of thereof.  Such payment under this clause may be satisfied by the reduction in the value originally allowed in respect of said used vehicle.

6.         CANCELLATION

6.1.      Where you:

6.1.1.       cancel the Order (other than where you are entitled to do so by law, or where the price is increased and you are given the opportunity to cancel); or

6.1.2.       otherwise fail to collect the Goods; or

6.1.3.       breach the contract so that it is ended,

we shall be entitled to be compensated and paid a sum equivalent to the sum total of the costs of any products ordered and applied to the vehicle in anticipation of the completion of the purchase, including, but not limited to, any paint protection and/or underseal and (c) any damages, loss or expenses which we may have suffered or incurred by reason of your cancellation or default (including as a result of selling the goods at a lower value) and storage costs.

6.2.      Any amount to be paid to us in accordance with 6.1 above, may be deducted from any deposit or other money paid by you and the balance (if any) shall be returned to you.

6.3.      If the losses we have suffered exceed the deposit paid then you shall be liable to us for the excess amount. We may, at our option elect to return any part-exchange vehicle or to retain it (in which case the agreed part-exchange allowance, after deduction of the sums paid by us to settle any finance or other interests affecting the part-exchange vehicle, shall be treated as part of the sums paid by you for the purpose of this clause). If the amount paid to settle any finance or other interest exceeds the part-exchange value of the Goods you shall immediately reimburse us on demand.

7.         OWNERSHIP AND RISK

7.1.      We shall remain the full and absolute owner of the Goods until such time as your total indebtedness to us (whether due under this contract and whether paid in money or money and ownership of a vehicle which is free from encumbrances if part exchange has been agreed) shall have been paid to us by you in full and cleared funds following our confirmation to you that such funds should be paid.

7.2.      We accept no responsibility for errors or mis-information supplied or provided by the DVLA or other agencies.

7.3.      We do not guarantee ownership of/or accept responsibility for any loss of/or transfer refusal by DVLA of a cherished registration number.

7.4.      We do not provide any guarantee or accept any liability for any modification made to the vehicle after we have sold it to you, including but not limited to the engine, outside of the manufacturer’s specification save where such modification is made by us.

7.5.      Where the purchased vehicle includes a diesel particulate filter (“DPF”), you agree and understand that you will need to maintain such DPF in accordance with the vehicle’s manual.

8.       TRADE CUSTOMERS

8.1.    The Conditions shall not apply to Trade Customers. Vehicles sold to Trade Customers shall be subject of separate terms and conditions.

8.2.    For the purposes of this clause 8, Trade Customers shall be defined as any person who is not a Consumer.

9.       DISTANCE SALES

9.1.   We do not operate an organised distance selling scheme.

9.2.   We do not offer delivery.

9.3.   We request that all vehicles are viewed, trialled and inspected in-person by the prospective buyer at our place of business.

10.       DATA

10.1.    We shall keep and use any data relating to you in accordance with the provisions of all relevant data protection legislation to process the Order and payment and (unless you request us not do so), to inform you about similar products that we provide. You may stop receiving this information at any time by contacting us.

11.       YOUR RIGHTS

11.1.    Under the Consumer Rights Act 2015 you are entitled to exercise your statutory rights if the goods are faulty. Your rights and burden of proof vary under prescribed time scales.

11.2.    If you believe there is a fault with the vehicle you should contact us as soon as possible

11.3.    Your key legal rights Under the Consumer Rights Act 2015 if the Goods are not as described or, because of a fault that was present at the time we delivered the Goods to you which caused the Goods not to be of satisfactory quality or fit for purpose are:

11.3.1.     Within the first 30 days, if the consumer can show a fault with the vehicle that was there at the time of delivery, they will be entitled to either: -

11.3.1.1.      A free repair

11.3.1.2.      Replacement

11.3.1.3.      Full refund

11.3.2.     After 30 days and up to 6 months after delivery it will be assumed the fault was present at time of delivery unless the trader can rebut this. If your vehicle is found to have a fault you are entitled from us either: -

11.3.2.1.      A repair

11.3.2.2.      Replace the goods

If neither (1) or (2) can be provided you will be entitled to a refund. In these circumstances we are entitled to make a fair deduction from the refund to reflect the value of the use you had from the Goods. 

11.3.3.     After 6 months of delivery, it is the consumer who has the burden of proof to show the fault exists.

11.4.    This is only a summary of some of the key rights of a consumer customer. For detailed information from Citizens Advice please visit your local Citizens Advice centre or www.citizensadvice.org.uk.

12.      STATUTORY RETURNS OR REPAIR

12.1.   In the event you wish to exercise your statutory right to a return or repair, it is your responsibility both financial and otherwise to return the vehicle to us.

12.2.   In the event you wish to exercise your statutory right to a return

12.2.1.   you are obliged to retain possession of the vehicle and take reasonable care of it until returned to us. You will be required to provide the mileage of the vehicle and agree not to drive the vehicle other than to return it to us. We will not be obliged to refund the purchase price of any Vehicles damaged by you, but may at our election offer to refund the purchase price subject to a deduction for the damage sustained.

12.2.2.    We may make a reasonable deduction from the reimbursement for loss in value of any vehicles supplied, based on any additional mileage on the vehicle after receipt and/or any missing keys or documentation including but not limited to the most recent V5C registration document showing you as the registered keeper (for which we will retain £500 until the V5 is produced to us).  We will make the reimbursement no later than 14 days after the day we receive back from you any vehicles supplied or, if earlier, the date you supply evidence to us that you have sent the vehicle, together with all keys and documentation including but not limited to the most recent V5C registration document showing you as the registered keeper, back to us. Refunds will be made by direct bank transfer to the same account as the purchase price was paid from. Refunds will not be paid in cash.

12.2.3   We may at our discretion either refund the sum attributed to the part exchange vehicle at the time the agreement was entered into, or return the part exchange vehicle to you, if it remains available. Where the part exchange vehicle has been subject to repairs by us, you will be required to pay to us the cost of the repairs if you wish to retain the part exchange vehicle.

12.2.4.    Upon return of the vehicle, you confirm to us that, the vehicle:

12.2.4.1     is free from all charges or claims from any third party (subject to any finance used to purchase the vehicle) and is owned by you;

12.2.4.2.     is in the same condition as on Delivery and has not been involved in an accident since Delivery; and

12.2.4.3.     no alterations or modifications whatsoever have been made to the vehicle.

12.2.5.  You must also give to us:

12.2.5.1.   all copies of the vehicle's keys;

12.2.5.2.   the vehicle's service history (if any);

12.2.5.3.   the vehicle's MOT certificate (if any);

12.2.5.4.   the vehicle's user manuals (if any);

12.2.5.5.   any accessories there may be such as a locking wheel nut, radio fascia, remote controls, SD card and/or charging cables (if you have a plug-in car).

12.2.5.6.   and any other documents or items which we gave to you at Delivery in relation to the vehicle.

12.2.6.   You are responsible for the removal of your personal belongings or the deletion of personal data from the vehicle prior to collection in the same manner as for a part exchange vehicle.

12.2.7.  You remain responsible for the Car until it is returned to us. You must ensure that the Car is insured with a fully comprehensive insurance policy until collection.

13.       WARRANTIES

13.1.    We will provide an in-house mechanical warranty covering the sales vehicle for 3-months or 3000-miles (whichever comes first) from the point of collection except where the sales vehicle has been sold to a trade customer in accordance with clause 8 above.

13.1.1.   In the event you wish to exercise your right to a repair under the terms of this warranty, it is your responsibility both financial and otherwise to return the vehicle to us.

13.2.   This warranty is only applicable to the buyer and vehicle as listed on the Order and is not transferrable to any other person or vehicle.

13.3.   This warranty covers the failure of all mechanical and electric components of the vehicle including, but not necessarily limited to, the engine, transmission, differential, alternator, starter motor, driveshafts, power steering, suspension, exhaust system and stereo.

13.4.   This warranty does not cover any cosmetic aspects of the vehicle, inside or out. It is the buyers responsibility to satisfy themself with the appearance of the vehicle in its entirety prior to signing the Order Form.

13.5.   This warranty will be deemed void if

13.5.1.   the Goods have been modified or altered beyond the specification that we supplied them in;

13.5.2.   after discovering the defect you failed to inform us without reasonable delay; 

13.5.3.     you failed to give us the option to repair the Goods without reasonable delay;

13.6.3.     the Goods or any part thereof have been subject to misuse, negligence, or accident or use for racing or similar sports;

13.6.4.     the Goods have been repaired or maintained post sale and that repair or maintenance has not been carried out by a VAT registered garage using original quality parts detailed on an accompanying invoice.

13.6.5.     instructions concerning the treatment, maintenance and care of the Goods have not been adhered to.

13.6.6.     The Goods have continued to be used despite a fault being present and that has led to further damage.

14.       GENERAL

14.1.    Prior to any remedial or repair work to be undertaken on the vehicle you must seek authorisation from us.  We retain the right to investigate and inspect the vehicle prior to any work commencing.

14.2.    14 days should be allowed for refunds of retainers for V5 / MOT / Service History.

14.3.    Any refund amount for a vehicle will exclude any modifications or enhancements made to the vehicle at the Buyer’s request where we cannot reasonably recover the cost of those modifications or enhancements.

14.4.    Any notice required or permitted to be given by one of the parties to the other under these Conditions shall be in writing and shall be sent by recorded delivery post to the address of the addressee set out in the Order or validly served by electronic mail.

14.5    The headings in these Conditions are for convenience only and shall not affect their interpretation.

14.6.    No waiver by either party of any breach of the Contract shall be considered as a waiver for any subsequent breach of the same or any other provision.

14.7.  If any provision or part of any provision of these conditions is found by a court or other competent authority to be void or unenforceable, such provision or part of a provision shall be deleted from these conditions and the remaining provisions or parts or the provision shall continue to full force and effect.

14.8.  A person who is not party to these terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.

14.9.  This contract shall be governed by and construed in accordance with the laws of England & Wales and any dispute shall be subject to the exclusive jurisdiction of the English courts.