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Heycar Purchase Terms

Introduction

These are the terms of supply for vehicles purchased via heycar.co.uk (Site). The Site is operated by or on behalf of Mobility Trader UK Limited trading as "heycar" (we, us and our). We are a limited company, registered in England. Our registered company number is 12016686, and our registered office is at 5 New Street Square, London, United Kingdom, EC4A 3TW. Mobility Trader UK Limited is an appointed representative of Volkswagen Financial Services (UK) Limited, which is authorised and regulated by the Financial Conduct Authority with firm reference number 311988. Our VAT registration number is 326461802. 

Except as set out below in relation to financed purchases, your purchase of any of the vehicles offered on the Site (Vehicles) is subject to these terms and by purchasing any Vehicle through us you agree to be bound by them. You should print a copy of these terms for future reference. Use of the Site itself is subject to our Website Terms of Use. Use of your personal information submitted to or via the Site is governed by our Privacy Policy.

Please note that if you wish to purchase a Vehicle on finance through our third-party finance providers we will pass on your enquiry to the relevant third party finance provider(s) and any such arrangement will be governed by a separate agreement between you and the relevant finance provider.

We reserve the right to change these terms from time to time by changing them on the Site, although no such change will affect any purchase you have already made with us. These terms were last updated on 4 May 2021.

Dealers and the role of the Site

The Site brings together a range of Vehicles offered for sale by certain third party brand Dealers who we feature on the Site (Dealers) to help users who visit the Site browse, locate and purchase those Vehicles. On each Vehicle page, you can see clearly the name of the relevant Dealer by whom that Vehicle is offered for sale and view the Dealer's contact details. 

When you purchase any Vehicle, you will buy directly from the relevant Dealer through the Site and the contractual relationship in relation to the sale will be only between you and that Dealer. The relevant Dealer will be responsible for the sale, the delivery and other after-sale care. 

Our role is limited to acting as a commercial agent to conclude the sale by accepting your offer to purchase and collecting your payment on behalf of that Dealer. Our receipt of full payment from you will discharge your debt to the relevant Dealer in respect of that purchase. While we may assist with certain practical issues on behalf of that Dealer, we do not have any contractual obligations to you and you do not have any contractual rights against us regarding any Vehicle sold on the Site by that third party Dealer.

Purchase and availability

To purchase any Vehicle, you must be at least 18 years of age. By doing so, you confirm that you meet this requirement.

You may submit a request to purchase a Vehicle by clicking on the listing for the Vehicle you wish to purchase and then following the prompts that will appear on-screen. 

After you submit such a request, you will receive an acknowledgment from or on behalf of the relevant Dealer that your request has been received and we will contact you to confirm availability, address any queries you may have about the Vehicle, and to exchange the necessary details to enable us to finalise your purchase and arrange for payment. Please note that this does not mean that your purchase request has been accepted. Your purchase request constitutes an offer to the relevant Dealer to buy the relevant Vehicle. All purchase requests are subject to acceptance by us on behalf of the relevant Dealer. We are not obliged to accept your purchase request and may, at our discretion, decline to accept any purchase request. You do, however, acknowledge that by submitting a purchase request over the phone, you enter into an obligation to pay for the Vehicle. Where your purchase request is accepted, such acceptance will be confirmed by sending you a confirmation that your Vehicle has been despatched or, if you opt (where available) to collect, when it will be ready for collection (Purchase Confirmation). The contract between you and the relevant Dealer in relation to the Vehicle purchased (Contract) will only be formed when the Purchase Confirmation is sent to you. 

After entering into the Contract, the relevant Dealer will be under a legal duty to supply you with the Vehicle in conformity with the Contract. The Contract will relate only to the Vehicle which has been confirmed in the Purchase Confirmation. 

Delivery or collection

Your purchase will be fulfilled by the delivery date set out in the Purchase Confirmation or, if no delivery date is specified, then within 30 days after the date of the Purchase Confirmation, unless there are exceptional circumstances. 

The Vehicle will be delivered to the delivery address, within mainland United Kingdom, you specify when placing your purchase request, unless you opt (where available) to collect it from the dealership. If you opt for collection, the Vehicle will be available for collection by you at the date and time specified in the Purchase Confirmation. When collecting a Vehicle, you should take with you the Purchase Confirmation, along with some form of identification (such as a credit card or driving licence).

If your delivery address is geographically remote or in an isolated location, it is possible that the relevant Dealer may not be able to deliver there. If that is the case, you will be notified before your purchase request is accepted. Vehicles cannot be delivered to PO Box or similar addresses. 

Delivery timings will be as agreed during the purchase process. Please note that only you, as the person specified in your Purchase Confirmation, are eligible to take receipt of the Vehicle on delivery. When taking delivery of the Vehicle, you will need to show the Purchase Confirmation, along with some form of identification (such as a credit card or driving licence).

If you will not be present to accept the delivery, you must contact us by telephone on  020 3936 1257 at least 24 hours prior to the scheduled delivery time to rearrange your delivery.

Only you, are eligible to collect your Vehicle which will only be available to collect from the collection location specified in your Purchase Confirmation.

When you collect a Vehicle, you must provide your photographic UK driving licence to the Dealer to verify your identity. We reserve the right not to allow you to collect a Vehicle if this identification is not provided when requested.

If you can't make your scheduled collection time, you must contact us by telephone on 020 3936 1257 at least 24 hours before the scheduled collection time to rearrange your collection.

Risk and ownership

Upon delivery or collection, you will be asked to confirm receipt of the Vehicle and that it conforms to your order at which point the Vehicle will be your responsibility.

Ownership of the Vehicle will pass to you once: (i) we have received full payment of the purchase price (and any other amounts due) in cleared funds; and (ii) you have accepted the Vehicle at the point of delivery or collection (as applicable). Where you have entered into a third-party finance agreement you should be aware that ownership of the Vehicle may remain with the finance provider and the pre-contract information and finance agreement will highlight this, and set out when and if title to the Vehicle will pass to you.

The Dealer will own the Vehicle until each of these conditions has been satisfied, at which point the relevant Dealer will notify the DVLA of the change in ownership. You should contact the DVLA if you do not receive the V5 log book within 7 days after delivery.

You will be required to register and pay for vehicle tax and arrange for insurance from the point that you accept delivery of or collect the Vehicle. You can pay for vehicle tax online at www.gov.uk/vehicle-tax.

Price and payment

The price of Vehicles is as quoted on the Site.

 We do not currently charge for delivery. Prices and delivery costs are liable to change at any time, but changes will not affect purchases in respect of which you have already been sent a Purchase Confirmation.

The Site contains a large number of Vehicles and it is always possible that, despite best efforts, some of the Vehicles listed on the Site may be incorrectly priced. Prices charged will be verified as part of the purchase procedures so that, where a Vehicle's correct price is less than the stated price, we will tell you as soon as possible and give you the option of proceeding with your purchase at the correct price or cancelling it. 

Payment for all purchases must be made by bank transfer. We will provide you with the necessary details for making payment as part of the purchase process.

Money back guarantee

In addition to your consumer cancellation rights set out below, Vehicle purchases made via the Site may be eligible for our money back guarantee. The terms and conditions applicable to the heycar money back guarantee can be found at https://heycar.co.uk/money-back-guarantee/terms

Consumer cancellation rights 

You may cancel a Contract at any time before your Vehicle is delivered or collected (as applicable) and up to 14 days afterwards, beginning on the day after your Vehicle is delivered to you or, if you opt (where available) to collect it from the Dealer. 

If you cancel, you will receive a full refund of the price paid for the Vehicle(s) in accordance with the refunds policy (see below).

To cancel a Contract, you must clearly inform us, preferably by email to hey@heycar.co.uk, giving your name, address and purchase reference.

You must also return the Vehicle or arrange for it to be collected within 14 days after the day you notify your cancellation (Return Period), in the same condition in which you received it (which does not interfere with your right to take any reasonable steps to examine the Vehicle and make sure it conforms to your order). You have a legal obligation to take reasonable care of the Vehicle while in your possession. If you fail to comply with this obligation, the relevant Dealer may have a right to deduct the cost of any deterioration (due, for example, to your having used the Vehicle), up to the price of the Vehicle, from the refund to which you are otherwise entitled.

If you cancel a Contract we will contact you to arrange for collection or return of the Vehicle within the Return Period. 

Where you purchase a Vehicle under a finance arrangement, cancellation rights and refunds will be dealt with under the applicable agreement between you and the relevant finance provider.

Nothing in this section affects your legal rights.

Refunds policy

If you cancel a Contract within the 14-day cooling-off period (see above), any refund due to you will be processed as soon as possible and, in any case, within 14 days after the day on which the relevant Dealer receives the Vehicle back. You will be refunded the price paid in full (subject to any deduction the relevant Dealer is entitled to make due to your use of or damage to the Vehicle). 

Refunds are made by transfer to the same account originally used by you to pay for your purchase, unless agreed otherwise.

Where you purchase a Vehicle under a finance arrangement, cancellation rights and refunds will be dealt with under the applicable agreement between you and the relevant finance provider.

Faulty Vehicles

If any Vehicle you purchase is damaged or faulty when delivered to you or has developed a fault, you may have one or more legal remedies available to you, depending on when you make the relevant Dealer aware of the problem, in accordance with your legal rights. If you believe a Vehicle was delivered damaged or faulty or has developed a fault, you should inform us as soon as possible, preferably in writing, giving your name, address and purchase reference. 

Please note that we have no control over any Dealer or the quality of any of the Vehicles or service it provides, we do not give any commitment (whether on our own behalf or on behalf of any other Dealer) regarding them, and we are not able to provide, and have no responsibility or liability for providing, any compensation to you on behalf of any Dealer.

Nothing in this section affects your legal rights.

Vehicle Information

We take reasonable steps to copy the item names, descriptions, prices, special offer information, warnings and other details ("Vehicle Information") from the information that is provided to us by the relevant Dealer. However, it is the relevant Dealer that is responsible for providing this Vehicle Information and ensuring that it is factually accurate and up-to-date, and we do not undertake any such responsibility. If you are in doubt about any Vehicle Information, you should confirm with the relevant Dealer directly before purchasing.

Whilst reasonable steps have been taken to depict Vehicles as accurately as possible through the photographs and other images featured on the Site, the detailing (such as colour, interior patterns and textures, etc.) you see on-screen will depend on your monitor and, as such, may not exactly reflect the actual detailing of a Vehicle when you receive it. The mileage on the Vehicle may vary by a minor amount to that stated on the Site as a result of, for example, delivery to you or transport to the collection location.

Liability

Nothing in these terms shall limit or exclude any liability to you:

  • for death or personal injury caused by negligence;
  • for fraudulent misrepresentation;
  • for breach of any term implied by the Consumer Rights Act 2015 and which, by law, may not be limited or excluded;
  • under Part I of the Consumer Protection Act 1987; or
  • for any other liability that, by law, may not be limited or excluded. 

Subject to this, if you are a consumer and not a business customer, in no event shall we or the relevant Dealer be liable to you for any business losses, and if you are a business customer, in no event shall we or the relevant Dealer be liable to you for any indirect or consequential losses, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses, and any liability we or the relevant Dealer do have for losses you suffer arising from any Contract shall not exceed the purchase price of the relevant Vehicle and is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated at the time your purchase is accepted.

Neither we nor the relevant Dealer will be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under any Contract that is caused by events outside our or the Dealer's reasonable control.

General

You may not transfer or assign any or all of your rights or obligations under any Contract. 

If the relevant Dealer fails to enforce any of its rights, that does not result in a waiver of that right. 

If any provision of these terms is found to be unenforceable, all other provisions shall remain unaffected.

These terms may not be varied except with our express written consent.

These terms and any document expressly referred to in them represent the entire agreement between you and the relevant Dealer in relation to the subject matter of any Contract. We are required by law to advise you that Contracts may be concluded in the English language only and that no public filing requirements apply.

These terms shall be governed by English law, except that (if you are a consumer and not a business user) and if you live in Scotland or Northern Ireland, there may be certain mandatory applicable laws of your country which apply for your benefit and protection in addition to or instead of certain provisions of English law.

You agree that any dispute between you and the relevant Dealer regarding these terms or any Contract will only be dealt with by the English courts, except that (if you are a consumer and not a business user) and if you live in Scotland or Northern Ireland, you can choose to bring legal proceedings either in your country or in England, but if the Dealer brings legal proceedings, it may only do so in your country.

We take all complaints seriously. Please let us know if you’re not happy with our site or if we’ve made a mistake so that we can try to put things right. You can do this by contacting us using the details in the section below entitled "Contacting us". We will investigate your complaint straight away and will provide a written response.

If your complaint relates to finance and we cannot resolve your complaint within one business day, we will refer your complaint to our principal firm, Volkswagen Financial Services (UK) Limited, to complete and communicate the outcome of the investigation to you.

If you’re not happy with how we’ve handled your complaint, or you have not heard from us (or our principal firm) within eight weeks of us receiving your complaint, and you are an eligible complainant as defined by the Financial Conduct Authority, you can contact the Financial Ombudsman Service.   The Financial Ombudsman Service is an independent organisation that helps to resolve complaints. You can contact them:

Online: financial-ombudsman.org.uk
By phone: 0800 023 4567
By post: Financial Ombudsman Service, Exchange Tower, Harbour Exchange, London E14 9SR.

Contacting us

Please submit any questions you have about these terms or any purchase you have made or purchasing in general by email to hey@heycar.co.uk, by telephone on 020 3936 1257 between the hours of 9.30am to 6pm, Monday to Friday or write to us at: 5 New Street Square, London, United Kingdom, EC4A 3TW.