Terms & Conditions

Last Updated: 16th October 2018

 

Consumer Terms and Conditions

Please read all these terms and conditions which apply to the supply of vehicle advertisements (the Goods) to you as a consumer by Prestige Motor Warehouse Ltd. If you are a business customer please refer to our Dealer Terms & Conditions.

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just email us at info@prestigemotorwarehouse.co.uk or phone us on 02039 308 318.

Application

1. These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are Prestige Motor Warehouse Ltd whose trading name is both Prestige Motor Warehouse and PMW, a company registered in England and Wales under number 11519222 whose registered office is at 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ with email address info@prestigemotorwarehouse.co.uk; telephone number 02039 308 318; (the Supplier or us or we).

2. These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. By ordering any of the Services, you agree to be bound by these Terms and Conditions. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.

Interpretation

3. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;

4. Contract means the legally-binding agreement between you and us for the supply of the Goods;

5. Delivery Location means by digital means;

6. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;

7. Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;

8. Order means the Customer's order for the Goods from the Supplier as submitted following the step by step process set out on the Website;

9. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;

10. Website means our website www.prestigemotorwarehouse.co.uk on which the Goods are advertised.

Goods

11. The description of the Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.

12. In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.

13. All Goods which appear on the Website are subject to service availability.

14. We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

Personal information and Registration

15. When registering to use the Website you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret.

16. We retain and use all information strictly under the Privacy Policy.

17. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.

Basis of Sale

18. The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.

19. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.

20. A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.

21. No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.

22. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.

Price and Payment

23. The price of the Goods is that set out on the Website at the date of the Order or such other price as we may agree in writing.

24. Prices and charges include VAT at the rate applicable at the time of the Order.

25. You must pay by submitting your credit or debit card details securely to our payment provider when placing your Order and they can take payment immediately before delivery of the Goods.

Delivery

26. We will deliver the Goods, to the Delivery Location immediately or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.

27. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:

  • a. we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
  • b. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.

28. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.

29. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods not already delivered, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled Goods. If the Goods have been delivered already, you cannot cancel the Order.

Withdrawal and cancellation

30. You agree that we supply the Goods to you as soon as you receive the Order Confirmation which forms the Contract. You can cancel under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. We may recoup the cost of any Goods provided upon cancellation.

31. This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods (with no others) in the following circumstances:

  • a. goods that are made to your specifications or are clearly personalised;
  • b. goods which are liable to deteriorate or expire rapidly.

32. Also, the Cancellation Rights for a Contract cease to be available in the following circumstances:

  • a. in the case of any sales contract, if the goods become mixed inseparably (according to their nature) with other items after delivery.
  • Right to cancel

    33. Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.

    34. The cancellation period will expire after 14 days from the day on which you acquire the Goods.

    35. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (by email).

    36. You can also electronically fill in and submit the contact form with your decision to cancel the Contract on our website www.prestigemotorwarehouse.co.uk. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation in a Durable Medium (by email) without delay.

    37. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

    Effects of cancellation in the cancellation period

    38. Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, for Goods which have not been delivered.

    Deduction for Goods supplied

    39. We will deduct 100% of the value of the Goods already delivered to you because those Goods are classified as used at the point of delivery.

    Timing of reimbursement

    40. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement if there is any due to you upon cancellation.

    For the purposes of these Cancellation Rights, these words have the following meanings:
    • a. distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
    • b. sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.
    Conformity

    41. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.

    42. Upon delivery, the Goods will:

    • a. be of satisfactory quality;
    • b. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
    • c. conform to their description.

    43. It is not a failure to conform if the failure has its origin in your materials.

    44. We will provide the following after-sales service: The supplier will support the customer in editing & amending their vehicle advert where assistance is needed.

    Successors and our sub-contractors

    45. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.

    Circumstances beyond the control of either party

    46. In the event of any failure by a party because of something beyond its reasonable control:

    • a. the party will advise the other party as soon as reasonably practicable; and
    • b. the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery and any right to cancel, below.
    Privacy Policy & General Website Terms

    47. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.

    48. These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy and cookie policy (https://www.prestigemotorwarehouse.co.uk/privacy-and-cookies) and general Website Terms & Conditions (https://www.prestigemotorwarehouse.co.uk/website-terms).

    49. For the purposes of these Terms and Conditions:

    • a. 'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
    • b. 'GDPR' means the General Data Protection Regulation (EU) 2016/679.
    • c. 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.

    50. We are a Data Controller of the Personal Data we Process in providing Goods to you.

    51. Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:

    • a. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
    • b. we will only Process Personal Data for the purposes identified;
    • c. we will respect your rights in relation to your Personal Data; and
    • d. we will implement technical and organisational measures to ensure your Personal Data is secure.

    52. For any enquiries or complaints regarding data privacy, you can contact our Data Protection Officer at the following e-mail address: info@prestigemotorwarehouse.co.uk.

    Excluding liability

    53. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer's business, trade, craft or profession which would not be suffered by a Consumer - because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.

    Governing law, jurisdiction and complaints

    54. The Contract (including any non-contractual matters) is governed by the law of England and Wales.

    55. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.

    56. We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs, customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 days.

     

    Dealer Terms and Conditions

    Please read all these terms and conditions which apply to the supply of services to business customers where we are providing access to the PMW platform (the Services) to generate vehicle advertisements (the Goods) to you as a business by Prestige Motor Warehouse Ltd. If you are a private customer (a consumer) please refer to our Consumer Terms & Conditions.

    Application and entire agreement

    1. These Terms and Conditions apply to the provision of the vehicle advertising services detailed on our website (Dealer Services) by Prestige Motor warehouse Ltd a company registered in England and Wales under number 11519222 whose registered office is at 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ (we or us) to the person buying the services (you).

    2. You are deemed to have accepted these Terms and Conditions when you accept our dealer services or from the date of any performance of the Services (whichever happens earlier) and these Terms and Conditions and our dealer services (the Contract) are the entire agreement between us.

    3. You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf. These Conditions apply to the Contract to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

    Interpretation

    4. The headings in these Terms and Conditions are for convenience only and do not affect their interpretation.

    5. Words imparting the singular number shall include the plural and vice-versa.

    Services

    6. We warrant that we will use reasonable care and skill in our performance of the Services which will comply with the dealer services outlined on our website. We can make any changes to the Services which are necessary to comply with any applicable law or safety requirement, and we will notify you if this is necessary.

    7. We will use our reasonable endeavours to supply the Services 24 hours a day, 7 days a week; however, there may be some times when the service can become unavailable, whether for maintenance purposes or conditions out of our own control.

    8. All of these Terms and Conditions apply to the supply of any goods as well as Services unless we specify otherwise.

    Your obligations

    9. You must obtain any permissions, consents, licences or otherwise that we need and must give us with access to any and all relevant information, materials, properties and any other matters which we need to provide the Services.

    10. If you do not comply with clause 9, we can terminate the Services.

    11. We are not liable for any delay or failure to provide the Services if this is caused by your failure to comply with the provisions of this section (Your obligations).

    Fees

    12. The fees (Fees) for the Services are set out in the dealer services outlined on our website and are true and correct at the time you take out the services.

    13. You must pay us for any additional services provided by us that are not specified in the quotation in accordance with our then current, applicable rate in effect at the time of performance or such other rate as may be agreed between us.

    14. The Fees are exclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.

    Cancellation and amendment

    15. If you want to amend any details of the Services you must tell us in writing as soon as possible. We will use reasonable endeavours to make any required changes and additional costs will be included in the Fees and invoiced to you.

    16. If, due to circumstances beyond our control, including those set out in the clause below (Circumstances beyond a party's control), we have to make any change in the Services or how they are provided, we will notify you immediately. We will use reasonable endeavours to keep any such changes to a minimum.

    Payment

    17. We will take payment of the Fees by Direct Debit either:

    • a. monthly; or
    • b. annually.
    via GoCardless unless an alternative method is agreed between us in writing. We will supply invoices for each Direct Debit Payment received within your online account, accessible on our website.

    18. You must pay the Fees due within 7 days of the date of your normal Direct Debit date if your payment should fail, is cancelled by you or otherwise in accordance with any credit terms agreed between us.

    19. Time for payment shall be of the essence of the Contract.

    20. Without limiting any other right or remedy we have for statutory interest, if you do not pay within the period set out above, we will charge you interest at the rate of 8% per annum above the base lending rate of the Bank of England from time to time on the amount outstanding until payment is received in full.

    21. All payments due under these Terms and Conditions must be made in full without any deduction or withholding except as required by law and neither of us can assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.

    22. If you do not pay within the period set out above, we can suspend any further provision of the Services and cancel any future services which have been ordered by, or otherwise arranged with, you.

    23. Receipts for payment will be issued by us only at your request.

    24. All payments must be made in British Pounds.

    Sub-Contracting and assignment

    25. We can at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights under these Terms and Conditions and can subcontract or delegate in any manner any or all of our obligations to any third party who may become the operator or new owner of the dealer services we provide on the website.

    26. You must not, without our prior written consent, assign, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations under these Terms and Conditions.

    Termination

    27. We can terminate the provision of the Services immediately if you:

    • a. commit a material breach of your obligations under these Terms and Conditions; or
    • b. fail to make pay any amount due under the Contract on the due date for payment; or
    • c. are or become or, in our reasonable opinion, are about to become, the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtor; or
    • d. enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with its creditors; or
    • e. convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertakings or any part of them, any documents are filed with the court for the appointment of an administrator in respect of you, notice of intention to appoint an administrator is given by you or any of your directors or by a qualifying floating charge holder (as defined in para. 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency.
    Intellectual property

    28. We reserve all copyright and any other intellectual property rights which may subsist in any goods supplied in connection with the provision of the Services. We reserve the right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights.

    Liability and indemnity

    29. Our liability under these Terms and Conditions, and in breach of statutory duty, and in tort or misrepresentation or otherwise, shall be limited as set out in this clause.

    30. The total amount of our liability is limited to the total amount of Fees payable by you under the Contract.

    31. We are not liable (whether caused by our employees, agents or otherwise) in connection with our provision of the Services or the performance of any of our other obligations under these Terms and Conditions or the dealer services for:

    • a. any indirect, special or consequential loss, damage, costs, or expenses or;
    • b. any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; or
    • c. any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; or
    • d. any losses caused directly or indirectly by any failure or your breach in relation to your obligations; or
    • e. any losses arising directly or indirectly from the choice of Services and how they will meet your requirements or your use of the Services or any goods supplied in connection with the Services.

    32. You must indemnify us against all damages, costs, claims and expenses suffered by us arising from any loss or damage to any equipment (including that belonging to third parties) caused by you or your agents or employees.

    33. Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability.

    Data Protection

    34. When supplying the Services to the Customer, the Service Provider may gain access to and/or acquire the ability to transfer, store or process personal data of employees of the Customer.

    35. The parties agree that where such processing of personal data takes place, the Customer shall be the 'data controller' and the Service Provider shall be the 'data processor' as defined in the General Data Protection Regulation (GDPR) as may be amended, extended and/or re-enacted from time to time.

    36. For the avoidance of doubt, 'Personal Data', 'Processing', 'Data Controller', 'Data Processor' and 'Data Subject' shall have the same meaning as in the GDPR.

    37. The Service Provider shall only Process Personal Data to the extent reasonably required to enable it to supply the Services as mentioned in these terms and conditions or as requested by and agreed with the Customer, shall not retain any Personal Data longer than necessary for the Processing and refrain from Processing any Personal Data for its own or for any third party's purposes.

    38. The Service Provider shall not disclose Personal Data to any third parties other than employees, directors, agents, sub-contractors or advisors on a strict need-to-know basis and only under the same (or more extensive) conditions as set out in these terms and conditions or to the extent required by applicable legislation and/or regulations.

    39. The Service Provider shall implement and maintain technical and organisational security measures as are required to protect Personal Data Processed by the Service Provider on behalf of the Customer.

    40. Further information about the Service Provider's approach to data protection are specified in its Privacy Policy, which can be found here: https://www.prestigemotorwarehouse.co.uk/privacy-and-cookies.

    For any enquiries or complaints regarding data privacy, you can contact our Data Protection Officer at the following e-mail address: info@prestigemotorwarehouse.co.uk.

    General Website Terms

    41. These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy and cookie policy (https://www.prestigemotorwarehouse.co.uk/privacy-and-cookies) and general Website Terms & Conditions (https://www.prestigemotorwarehouse.co.uk/website-terms).

    Circumstances beyond a party's control

    42. Neither of us is liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question. If the delay continues for a period of 90 days, either of us may terminate or cancel the Services to be carried out under these Terms and Conditions.

    Communications

    43. All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).

    44. Notices by us shall be deemed to have been duly given:

    • a. when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the customer;
    • b. when sent, if transmitted by fax or email and a successful transmission report or return receipt is generated;
    • c. on the fifth business day following mailing, if mailed by national ordinary mail; or
    • d. on the tenth business day following mailing, if mailed by airmail.

    45. All notices under these Terms and Conditions must be addressed to the most recent address, email address or fax number notified to the other party.

    46. With regards to notice provided by the customer to us, notice must be provided to us via email to info@prestigemotorwarehouse.co.uk only and will be deemed duly given when sent where a successful transmission report or return receipt is generated.

    No waiver

    47. No delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy nor stop further exercise of any other right, or remedy.

    Severance

    48. If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions will be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).

    Law and jurisdiction

    49. This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.