SUZUKI GB PLC
CONSUMER TERMS OF PURCHASE
| 1 | INTRODUCTION | ||||||||
| 1.1 | These terms of purchase set out the terms on which you may purchase products from us. Please read these terms of purchase carefully and make sure that you understand them before ordering any products from us. | ||||||||
| 1.2 | These terms of purchase are only available in the English language. | ||||||||
| 1.3 | Please note that the products sold on this website are specific to the United Kingdom, Channel Isles, and the Isle of Man. For products that can be used outside these territories, please contact us for assistance using the details set out in clause 2 below and provide your VIN number so that we can advise on applicability for your region. | ||||||||
| 2 | INFORMATION ABOUT US | ||||||||
| 2.1 | https://shopcars.suzuki.co.uk/ is provided to you by Suzuki GB PLC (“us”, “we” or “our”). | ||||||||
| 2.2 | Our registered office is Steinbeck Crescent, Snelshall West, Milton Keynes, Buckinghamshire, MK4 4AE and our registered number is 00768587. Our VAT no. is GB644310075. | ||||||||
| 2.3 | You can contact us by email at Suzukiwebstore@suzuki.co.uk or write to us at the above address. | ||||||||
| 3 | PLACING ORDERS | ||||||||
| 3.1 | You may only place orders from us if: a) you are over 18 years old, b) possess a valid debit or credit card (or are authorised to pay via another of our accepted methods of payment) and c) are located in a country that we are able to ship to, as specified during the check-out process at the time of your purchase (“Approved Delivery Location”). | ||||||||
| 3.2 | You may either place an order for products via our website or by telephone. | ||||||||
| 3.3 | When placing an order, please ensure you provide complete and accurate information. Information we may require includes your: title, first name, surname, phone number, email address, and delivery and invoicing addresses. It is your responsibility to ensure that the order is correct and accurately reflects your selection. If an order is not correct in any way, you must notify us immediately by contacting our customer services team by email using the email address provided above. | ||||||||
| 3.4 | For website orders, we shall on receipt of your order send you an e-mail acknowledging that the order has been received. However, this does not mean that your order has been accepted. Prior to accepting any order, we shall carry out standard pre-authorisation checks on your payment card to ensure there are sufficient funds to fulfil the transaction and that there is no fraudulent activity. | ||||||||
| 3.5 | We will communicate acceptance of your order by sending you an e-mail (“Confirmation”) at which point a contract will come into existence between you and us. We aim to dispatch all orders within 3 working days of Confirmation. | ||||||||
| 3.6 | If you place an order and we discover that the product is out of stock or no longer available prior to or following us giving you a Confirmation, we will promptly inform you of this fact via email. In these circumstances, we shall not be required to supply the relevant product but will refund you within 14 working days of such email. | ||||||||
| 3.7 | If you place an order for multiple products and some of those products are unavailable, we will contact you explaining which goods are unavailable and will offer you the choice of cancelling the whole order or only the part of the order that relates to the unavailable products. If you choose to cancel the whole order, we will refund you in accordance with clause. | ||||||||
| 3.6 | If you choose to cancel only the part of the order that relates to the unavailable products, we will put any such product on back order for later delivery for you and will process the order in respect of the available products. | ||||||||
| 3.8 | If you discover that you have made a mistake with your order after we have given you a Confirmation, please notify us immediately by contacting our customer services team by telephone or by email using the contact details provided above. Please be aware that we are generally unable to rectify mistakes after details of your order have been sent to our warehouse, although you may still have the right to cancel as described below. | ||||||||
| 4 | PAYMENT TERMS | ||||||||
| 4.1 | Prices for our products may change from time to time, but changes will not affect any order you have already placed. We reserve the right to promote the same or similar products with varying offers depending on the advertising route and/or time. | ||||||||
| 4.2 | All prices include any applicable VAT or other sales tax. Orders which are delivered outside of the UK may incur duties and taxes. You will be liable to pay any customs duties and/or sales taxes that are relevant to your order. Please consult your local customs office if your delivery is being delivered outside of the UK. | ||||||||
| 4.3 | The price of a product as stated on our website does not include delivery charges. Our delivery charges, if any, shall be made available to you on our website or during the check-out process if you place an order via our website. | ||||||||
| 4.4 | Our website contains a large number of products. It is always possible that, despite our best efforts, some of the products on our website may be incorrectly priced. If we discover an error in connection with the price of the products you have ordered, we will let you know as soon as possible after we become aware and we will give you the option of continuing to purchase the product at the correct price or cancelling your order in respect of that product. We will not process your order in respect of that product until we have received your instructions. If we are unable to contact you using the most up to date contact details that we have for you, we will treat the relevant part of the order as cancelled and notify you by email at the address provided to us. | ||||||||
| 4.5 | Our website sets out the method of payments that we are able to accept. | ||||||||
| 4.6 | We will only take payment or pre-authorisation of payment once the order has been accepted by us. Products that are the subject of an order will not be dispatched until payment for all of the products that are the subject of that order has been received in full by us. If we have only taken pre-authorisation for payment of an order on accepting that order, we will process that payment before we deliver the products to you. | ||||||||
| 4.7 | Payments for all products must be paid in Pound Sterling or such other currency as stated on our website from time to time. | ||||||||
| 4.8 | Ownership of products that are the subject of an order will only pass to you when we receive full payment of all sums due in respect of that order, including delivery charges (if applicable). | ||||||||
| 5 | DELIVERY | ||||||||
| 5.1 | We only deliver products to an Approved Delivery Location (see above). | ||||||||
| 5.2 | We offer free delivery for all orders with a total value of over seventy-five pounds (£75). | ||||||||
| 5.3 | Items under two (2) kilograms that qualify for free delivery pursuant to clause 5.2 may be delivered via an untracked service. | ||||||||
| 5.4 | We will arrange for delivery of the products using our chosen delivery partner. | ||||||||
| 5.5 | We aim to deliver products to you as soon as we can and will contact you with an estimated delivery date once your order has been accepted. Please note that the estimated delivery date is just that and we cannot guarantee delivery by the estimated delivery date. If we are unable to deliver your order within thirty (30) days of Confirmation, we will let you know this. At that point you will have the option to cancel your order or to agree to continue with it, and we will then dispatch the item if and when it becomes available. | ||||||||
| 5.6 | We reserve the right to charge you for any extra costs or expenses incurred by us in connection with changes you make to the delivery address after you submit an order. | ||||||||
| 5.7 | We may deliver products in several consignments but will not charge you any extra delivery charges for this. Where we do so, any defect in any one consignment shall not entitle you to repudiate the contract as a whole nor to cancel any subsequent instalment (subject to your Right to Cancel referred to in clause 7.1 ). | ||||||||
| 5.8 | Risk of any damage to or loss of the products shall pass to you at the time of delivery. | ||||||||
| 5.9 | If no one is available at your address to take delivery, the carrier may attempt to redeliver the products and/or leave a note explaining that the products have been returned to the depot, in which case, please contact them to re-arrange delivery or where they have been left. | ||||||||
| 6 | PRODUCTS | ||||||||
| 6.1 | The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that the display of the colours on your computer or device accurately reflects the true colour of the products. Your products may vary slightly from those images. | ||||||||
| 6.2 | The packaging of the products may vary from that shown on the images on our website. | ||||||||
| 7 | RIGHT TO CANCEL FOR CONVENIENCE FOR PURCHASES MADE FROM THE EUROPEAN UNION | ||||||||
| 7.1 | You have the right to cancel an order any time up to Confirmation. Further and in addition to your other legal rights, if you place your order from [a country in the European Union] which is accepted by us, you have (subject to certain exceptions) the right to cancel that order for convenience in respect of one or more products if you change your mind about those products and to get your money back in accordance with the terms set out below (“Right to Cancel”). | ||||||||
| 7.2 | Your Right to Cancel (if you are so entitled) starts from the date of the Confirmation relating to the order and ends 14 days after the date on which you have received all of the products that are the subject of the relevant order. | ||||||||
| 7.3 | Unfortunately, you do not have a Right to Cancel in respect of any products that have been made to your specification or are clearly personalised. | ||||||||
| 7.4 | If you wish to exercise your Right to Cancel, you must notify us prior to the expiry of the 14 day cancellation period referred to above. You may (but are not obliged to) do this by completing the cancellation form set out below and sending it to us by email or by post using the contact details provided above. To: [insert name of Company], I hereby give notice that I cancel my contract of sale of the following products: [insert name of Products to be returned] Ordered on [insert date of Order] Order No: [insert relevant Order no] Your name (or the customer’s name if different): Your address (or the customer’s address if different): Date: |
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| 7.5 | If you exercise your Right to Cancel, you must return the products to us in accordance with our Return Policy (see further below) as soon as reasonably possible and in any event within 14 days of you notifying us that you are cancelling part or all of the order. | ||||||||
| 7.6 | If you exercise your Right to Cancel in accordance with these terms of purchase, we will refund you all payments received from you in respect of the cancelled products including the costs (if any) of outbound delivery paid by you (except for any supplementary costs arising if you chose a type of delivery other than standard delivery (e.g. if you select for your order to be priority processed or requested delivery on a specific day)). We may make a deduction for use from any refund payable to you to take into account the loss in value of the rejected products if the loss is the result of unnecessary handling by you. If you only cancel part of an order, we shall only be obliged to refund to you a proportionate part of the standard outbound delivery charges. | ||||||||
| 7.7 | Except where products supplied to you are faulty or not as described, you are responsible for the costs of returning the products, unless we have notified you that we offer a free returns service. | ||||||||
| 7.8 | Any refunds payable by us to you shall be paid to you using the same method used to pay as soon as possible and in any case within 14 days of the earlier of the date that:
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| 7.9 | If you exercise your Right to Cancel in accordance with these terms of purchase prior to the products being dispatched, we will refund you within 30 days of the date on which you notified us of your decision to cancel the order. | ||||||||
| 8 | FAULTY GOODS | ||||||||
| 8.1 | We are under a legal obligation to supply products in conformity with the contract. | ||||||||
| 8.2 | As a consumer, you have legal rights in relation to products that are faulty or not as described. Under the Consumer Rights Act 2015, goods must, among other things, be as described, of satisfactory quality and fit for any particular purpose made known to us. Where our products do not conform with the contract (for example, because they do not meet their description or they are faulty or have arrived in a damaged condition), then, subject to certain exceptions, you may be entitled to a refund, replacement, repair or price reduction. These legal rights are not affected by your right of cancellation for convenience, or anything else in these terms of purchase. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. | ||||||||
| 8.3 | If a product is faulty or not as described, please notify us as soon as reasonably practicable and promptly return it to us in accordance with our Returns Policy (see below). | ||||||||
| 9 | RETURNS POLICY | ||||||||
| 9.1 | You may only return Products in accordance with your Right to Cancel (see above) or if we have supplied you products that are faulty or not as described. | ||||||||
| 9.2 | You will be responsible for the costs of returning products to us unless you can demonstrate that the product being returned was faulty or not as described. | ||||||||
| 9.3 | Unless we tell you otherwise, if you wish to return products to us, please ensure that you:
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| 9.4 | Please return all products to us at the address set out at clause 2 above or such other address specified by us in writing. | ||||||||
| 9.5 | If we are unable to accept a returned product, we will contact you using the most up to date contact details provided to us and shall, at your request, return the product to you at your cost or make it available for collection. | ||||||||
| 10 | LIMITATION OF LIABILITY | ||||||||
| 10.1 | If we fail to comply with these terms of purchase, we are only responsible for loss or damage you suffer that is a foreseeable result of our breach. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process. | ||||||||
| 10.2 | We only supply products for domestic and private use. Accordingly, if you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. | ||||||||
| 10.3 | We will not be responsible for any delay or failure to comply with our obligations if the delay or failure arises from any cause which is beyond our reasonable control (“Force Majeure Event”). This does not affect your statutory rights. | ||||||||
| 10.4 | If a Force Majeure Event takes place that affects the performance of our obligations: | ||||||||
| a) | we will contact you as soon as reasonably possible; and | ||||||||
| b) | our obligations under these terms of purchase will be suspended and the time for performance will be extended for the duration of the Force Majeure Event. | ||||||||
| 10.5 | Nothing in these terms of purchase is intended to exclude or limit in any way our liability for any matter for which it would be illegal for us to exclude or to attempt to exclude or liability including:
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| 11 | USE OF YOUR PERSONAL INFORMATION | ||||||||
| Please refer to our privacy policy for ways in which we may use your personal information. | |||||||||
| 12 | OTHER IMPORTANT TERMS | ||||||||
| 12.1 | Any contract between you and us is binding on you and us and on our respective successors and assigns. | ||||||||
| 12.2 | You may not transfer, assign or otherwise dispose of any part or all of this contract. | ||||||||
| 12.3 | We may transfer, assign, charge, sub-contract and/or otherwise dispose of part or all of a contract at any time. | ||||||||
| 12.4 | Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. | ||||||||
| 12.5 | If we do not insist immediately that you do anything you are required to do under these terms of purchase, or if we delay in taking steps against you in respect of your breach of contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. | ||||||||
| 12.6 | We have the right to amend these terms of purchase from time to time. However, each contract will be subject to the terms of purchase that were in force at the time of your order, except to the extent that any change is required by law, regulation or governmental body (whether before or after we give you a Confirmation), or we notify you of any changes to these terms of purchase before we give you a Confirmation. | ||||||||
| 12.7 | These terms of purchase shall be governed by and construed in accordance with English Law and shall be subject to the non-exclusive jurisdiction of the English courts. | ||||||||
| 13 | OUR COMPLAINT HANDLING PROCEDURE | ||||||||
| 13.1 | If you have a complaint relating to these terms of purchase or a product, we will attempt to resolve the complaint through our customer services team available at 08085 011959. | ||||||||
| 13.2 | However if you are not happy with the outcome of our internal complaints-handling procedure and wish to take the issue further without going to court, you prior to taking court proceedings refer your case to Alternative Dispute Resolution (ADR). Your local Citizens Advice Bureau can identify an independent ADR adjudicator or you may refer to the EU Commission’s Platform at ec.europa.eu/odr. | ||||||||
| 13.3 | In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform although we are not obliged to accept the jurisdiction of the relevant ADR provider. |