Terms & Conditions

The content on this site is intended for your personal information only. The content is not intended for trading purposes and is not appropriate for the purposes of making a decision to carry out a transaction or trade. Nor does it provide any form of advice (investment, tax, legal) amounting to investment advice, or make any recommendations regarding particular financial instruments, investments or products.

Drivewise shall not be liable for any errors, inaccuracies or delays in content, or for any actions taken in reliance thereon. This site may point to other Internet sites that may be of interest to you. Drivewise is not responsible for the content on such other sites. Drivewise expressly disclaims all warranties, expressed or implied, as to the accuracy of any of the content provided, or as to the fitness of the information for any purpose.

Privacy Statement

This Privacy Statement is provided by Drivewise Contracts Limited, (referred to as “Drivewise,  “us”, “our” or “we” in this statement) for the information of visitors (referred to as “you” or “your” in this statement) to our website.

We wish to demonstrate our firm commitment to your rights to privacy. This is why we have drawn up the privacy guidelines set out below. You will probably appreciate that these guidelines will need to change over time. We will post changes to this page when such changes are necessary.

Governing law

The information contained in this Privacy Statement shall be governed and constructed in accordance with English law and be subject to the exclusive jurisdiction of the English courts.

Who are we?

This website is owned and controlled by Drivewise Contracts Limited. The registered office of which is at:

AAA Drivewise Contracts Ltd
222 Moss Lane
Hesketh Bank
Preston
PR4 6AE

Tel: 08450 941444
Fax: 08450 941333

Drivewise is registered in England and Wales with the company registration number:  Drivewise Contracts Limited – 6604355

Data Protection Act

We have notified the Data Protection Commissioner under the terms of the Data Protection Act that it may obtain information about our data subjects.

Information gathered by us

You will appreciate that we need to gather some personal information from you when you wish to buy our products or services. The full details of the information we need is set out on the relevant forms throughout the site. Any information that is gathered from visitors to or customers of this website is not sold, made available to, or otherwise distributed to third parties for any purpose unless you give us express permission to do so. We may, on occasions, collect additional personal information from surveys and contests, which you will be under no obligation to fill in or return to us. The information you provide will enable us to provide information about our company to you and to contact you. We will only provide this information where you indicate that you wish to receive further information from us on a regular basis. We also collect demographic and profile data on our website. This information may be contained with other forms of information to permit us to bring together, in aggregate form, information about the people who use our web site. Such information will enable us to understand, in general terms, user preferences in relation to the content of the web site and the effectiveness of the advertising.

Information that is automatically logged

When you enter our web site, we use your Internet protocol (“IP”) address to help diagnose problems with our server, to administer our web site and to identify you. We also have the ability to know what type of operating system and browser software you use and to identify the geographical location of your browser. Your IP address is also used by us to gather broad demographic information and for purposes, such as monitoring visitor frequency.

Cookies

You may be aware that there is a technology called “cookies”. This is a file that is transferred from the web site to the hard drive of your computer. We use cookies to track your activities on our web site. A cookie will not allow a website operator to obtain information of a personal nature that will identify yourself to us, such as your name and address. We will only be aware of such information if you provide the information to us or you have set the preferences in your browser to provide this information automatically.

What we do with the information we collect

The information in aggregate form permits us to carry out an analysis of user behaviour in general. This allows us to measure overall interest in our web site and to help us develop the website to make it more interesting in general terms. We will also be able to inform advertisers how many users have clicked on the various advertisements displayed on our web site. The analysis we perform does not include personal information provided by you. We merely use the aggregate form of the information for these purposes. We will not provide any personal information to any third party unless you give us specific authority to do so. You have the option on relevant order form to indicate whether you wish to receive promotional email about the services that we and our advertisers offer. We will not send you any such promotional email if you do not indicate your agreement to receive such information.

Sharing Information

We share the information we gather with advertisers and other partners. The information we share comprises information in aggregate form only. We do not share personal information about anybody unless we have your specific permission to do so.

Registration and order forms, surveys and contests

Our order forms, surveys and contests ask you to provide to us with your contact details, such as name, postal and email addresses. The information you provide will enable us to provide information about our company to you and to contact you. We will only provide this information where you indicate that you wish to receive further information from us on a regular basis.

Telling you what information we hold about you

If you wish to know what information we hold on you, please contact us. We will only send this information to the address we have on file.

Removing and correcting information

If you request the removal of your personal information from our database or you wish us to amend or change the information we hold about you on our database, we will remove or amend any such information on your contacting us to request such a change.

Data Quality

You may change and modify the information you have previously provided to us by contacting us.

Contact us

If you have any questions about this privacy statement, about how we run the web site or concerning your dealings with our web site, please send an email to us at info@drivewisecontracts.co.uk

Vehicle Order Form

1. Contract

This order and any allowance in respect of a used motor vehicle offered by the Purchaser are subject to acceptance and confirmation by the Seller and a contract (“Contract”) will only come into being upon such acceptance and confirmation and the following clauses shall be incorporated in the Contract.

2. Delivery

a.      The Seller will use his best endeavours to secure delivery date or dates but shall be under no liability whatsoever for loss occasioned by delay in delivery arising out of any cause beyond the control of the Seller.

b.      The goods may be delivered by the Seller in advance of the estimated delivery upon giving 14 days prior notice to the purchaser.

c.      If the goods are not delivered within three calendar months of the estimated delivery date the Purchaser or Seller may elect by notice in writing to the other party to cancel this Contract. Upon such cancellation the Purchaser’s deposit shall be returned and the Seller shall be under no further liability to the Purchaser.

d.      Delivery shall be deemed to have been made on the date that the Goods are made available for collection by the Purchaser and the Seller has given notice to the Purchaser that the Goods are ready for collection.

3. Price and Payment

a. The Purchaser shall not be permitted to collect and take away the Goods until the Total Retail Price of the Goods has been discharged in full unless this condition has been expressly excluded in writing by an authorised representative of the Seller.

b. If the price of any part of the price of the Goods is to be paid by cheque whether bank or building society then the cheque must be paid to the Seller at least ten banking days in advance of the estimated delivery date. A cheque given in payment or part payment shall not be treated as a discharge until the same has been cleared.

c. If the price or any part of the price for the Goods is to be paid in cash or bankers draft then such payment or part payment may be made on the day of collection provided that the Goods shall be collected within 14 days of delivery.

4 Failure to Collect Goods

If the Purchaser shall fail to collect and pay for the goods within 14 days of delivery as provided for in clause 2 (a) then the Seller may elect to treat the Contract as repudiated by the Purchaser and thereupon the Purchaser’s deposit shall be returned less a sum equivalent to any damages loss or expenses which the Seller may have incurred by reason of the Purchaser’s default and the Seller shall be under no further liability to the Purchaser.

5. Ownership of Goods

Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these terms and conditions, the property in the Goods shall not pass to the Purchaser until the Total Retail Price has been discharged in full.

6. Part Exchange

In the event that the Seller agrees to accept a used motor vehicle from the Purchaser as partial payment for the price of the Goods (“Allowance”) such agreement shall be subject to the following conditions.

a. The Purchaser warrants that

i. The Purchaser has good title to the used motor vehicle and it is unencumbered by any third party interest whatsoever;

Or

ii. The Purchaser has declared all interests to which the used motor vehicle is subject and whether (if known) the used motor vehicle was when new supplied via the manufacturers official distributor for Great Britain.

iii. The particulars of the used motor vehicle given by the Purchaser are correct and that so far as the Purchaser is aware the mileometer reading is accurate.

iv. So far as the Purchaser is aware the motor vehicle has not been the subject of any accident or any other damage of whatsoever nature and howsoever caused or any insurance claims or total loss claims.

b. And if any interests declared pursuant to clause ((A)) ((ii)) are capable of cash settlement the Seller may elect to discharge such interest and deduct expenditure from the exchange value offered.

c. The used motor vehicle will be delivered in the same condition as the date it was examined by the Seller (fair wear and tear excepted);

d. That the used motor vehicle shall be delivered upon collection of the Goods together with any spare key sets spare alarm remotes registration documents service documentation MOT certificate service invoices warranty documentation and all other appropriate documentation and with the registration book completed and for the avoidance of doubt the Purchaser shall not be permitted to collect the Goods until the used motor vehicle shall have been delivered to the Seller.

e. Title to the used motor vehicle shall pass absolutely on delivery to the Seller;

f. The exchange value quoted by the Seller shall be binding on the Seller for one calendar month from  the estimated date of delivery of the Goods and thereafter, on giving notice to the Purchaser, may be reduced at a rate of 2.5% per month PROVIDED THAT nothing in this clause shall affect the rights of the Purchaser under clause 2 ((c)).

In the event that any of the warranties in clause 6((a)) prove to be untrue or a breach of clause 6 ((c)), the Seller shall be entitled to revise the Allowance to take account of such breach and where there is a reduction in the Allowance the Purchaser shall be liable to pay the difference between the original and reduced Allowances to ensure payment of the Total Retail Price of the Goods in accordance with clause 3 of these Terms and Conditions.

7. New Goods/Used Goods

a. Where the Goods to be supplied by the Seller are new, then the following conditions shall apply:

i. the Purchaser shall be bound to pay any amount of car tax and value added tax or other tax or duty that the Seller has legally become bound to pay, notwithstanding any amount specified on the order form;

ii. if before delivery of the Goods the Manufacturer/Concessionaire’s recommended retail price for the Goods shall be increased the Seller shall give notice of the increase to the Purchaser whereupon the Purchaser shall be entitled by notice in writing to the Seller to cancel the contract within 21 days of the date of the Notice. Upon such cancellation any deposit paid by the Purchaser shall be returned and the Seller shall be under no further liability to the Purchaser. If no notice is received within such period then the Purchaser shall be bound to purchase the Goods at the increased price;

iii. in the event that the Manufacturer is unable to accept the order for the Goods then the Seller may by notice in writing to the Purchaser cancel the Contract. Upon such cancellation any deposit paid by the Purchaser shall be returned and the Seller shall be under no further liability to the Purchaser.

b. In the event that the Goods supplied by the seller are notified to the Purchaser as having been not originally supplied via the Manufacturer’s official distributor for Great Britain the Purchaser accepts that the specification may vary from British specification. The Seller will supply the appropriate manual for the Goods and the vehicle log book and shall make the Goods available for inspection by the Purchaser but shall not be liable to the Purchaser for any variation from the British specification.

8. Examination Of Goods

Prior to signing this order form the Purchaser shall examine the Goods to be purchased (if such are available for inspection) and the Purchaser is reminded that the condition of satisfactory quality implied by the Sale of Goods Act 1979 does not operate in relation to such defects which such an examination ought to reveal. If the Goods are sold subject to defects that have been notified by the Seller to the Purchaser before the signing of the Contract, the condition of satisfactory quality referred to above does not operate in relation to those defects.

9. Claims

Where any valid claim in respect of any of the Goods which is based on any defect in quality or condition of the Goods or their failure to meet the specification is notified to the Seller, the Seller shall be entitled at its sole discretion either to replace or repair the Goods (or the part in question) free of charge or to refund the Purchaser the price of the Goods (or a proportionate part of the price), but the Seller shall have no further liability to the Purchaser.

10. Delay In Performance

Neither party shall be liable to the other or be deemed to be in breach of the Contract for reason of any delay in performing or any failure to perform any of their obligations under this Contract, if the delay or failure was due to any causes beyond their Seller’s reasonable control.

11. Consumer Transactions

Where the Goods are sold under a consumer transaction (as defined by the Consumer Transactions (restriction on statements) Order 1976) the statutory rights of the Purchaser are not affected by these Terms & Conditions.

12. Finance

Notwithstanding the provisions of this Contract the Purchaser may arrange for a Finance Company to purchase the Goods from the Seller at the price payable hereunder and the Goods shall be delivered to or to the order of the Finance Company.

13.Notices

Any notice that is given hereunder by the Seller may be given in writing or communicated verbally. Notices in writing shall be posted or faxed to the residence or place of business of the person whom it is addressed and shall be deemed to have been received, in the case of facsimile or electronic mail on the day of transmission and in the case of notice given by post, within two days of posting.

14. Waiver

Any waiver by the Seller or the Purchaser of any breach of Contract by the other shall be in writing and shall be considered as a waiver of any subsequent breach of the same or of any other provision. Without prejudice to the generality of the foregoing, failure by either party to enforce or at any time or for any period any one or more of the conditions shall not be a waiver of them or of them or of the right at any time subsequently to enforce all of them.

15. Variation to These Terms

Any variation of these Terms & Conditions shall not be effective unless made in writing and signed by an authorised representative of the Seller and the Purchaser.

16. Invalidity Of These Terms

If any provisions of these Terms & Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the remaining provisions of these Terms & Conditions and the remainder of the provision in question shall not be affected thereby.

17. Applicable Law

This Contract shall be governed by the Laws of England and the Parties shall submit to the jurisdiction of the English Courts.

18. Third Party Rights

No person who is not a party to the Contract may in its own right enforce any terms of the Contract provided that this clause shall not affect any right or action of any person to whom this Contract is lawfully assigned. Where the Purchaser is not dealing as a consumer as defined in the Unfair Terms in Consumer Contract Regulations 1999 as amended or replaced from time to time then the following conditions will apply to the Contract in addition to conditions 1-18.

19. Retention Of Title.

a. Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these terms and conditions, the property in the Goods shall not pass to the Purchaser until the Total Retail Price has been discharged in full.;

b. until such time as the property in the Goods passes to the Purchaser shall keep the Goods properly stored, protected and insured and identified as the Seller’s property;

c. until such time as the property in the Goods passes to the Purchaser, the Seller shall be entitled at any time to require the Purchaser to deliver up the Goods to the Seller and if the Purchaser fails to do so forthwith, to enter upon any premises of the Purchaser or any third party where the Goods are stored and repossess the Goods;

d. the Purchaser shall not be entitled to sell, pledge or in any way charge by way of security for any indebtedness any Goods which remain the property of the Seller, but if the Purchaser does so all monies owing by the Purchaser to the Seller shall (without prejudice to any other right or remedy of the seller) forthwith become due and payable.

20. New Goods

Where the Goods to be supplied by the Seller are new, then this Contract and the provisions for delivery of the Goods shall be subject to any terms and conditions which the Manufacturer/Concessionaire may lawfully have imposed on the supply of Goods or the resale of such Goods by the Seller. The Seller shall not be liable for any failure or delay in delivering the Goods caused by or resulting from the Seller’s compliance with the Manufacturer/Concessionaires terms and conditions.

21. Cancellation

Except as provided for in these Terms and Conditions, no order which has been accepted by the seller may be cancelled by the Purchaser except with the agreement in writing of the seller and on terms that the Purchaser’s deposit shall be forfeit and further that the Purchaser shall indemnify the Seller in full against all loss (including loss of profit), costs (including the cost of all labour and material used), damages, charges and expenses incurred by the Seller as a result of cancellation.

22. Defective Goods

Without prejudice to clause 8 above any claim by the Purchaser which is based on any defect in quality or condition of the Goods or their failure to correspond with specification shall (whether or not delivery is refused by the Purchaser) be notified to the Seller within 14 days from the date of collection of the Goods or the date of refusal of delivery as the case may be or (where the defect of failure is not apparent upon reasonable inspection) within a reasonable time after the discovery of the defect or failure. If delivery is not refused and the Purchaser does not notify the Seller