TERMS AND CONDITIONS
1. Where the Customer is a Consumer, nothing in these terms and conditions will reduce your statutory rights relating to faulty or misdescribed goods. For further information about your statutory rights contact your local authority Trading Standards Department or Citizens' Advice Bureau.
2. Where the Customer is acting otherwise than as a consumer then these terms and conditions form the entire agreement between the Dealer and the Customer. Any other terms or conditions are excluded to the maximum extent permitted by law.
3. This website is an invitation to treat, and nothing on this website shall be construed as a unilateral offer by Freeborn Motor Group to enter into any contractual obligations.
4. Freeborn Motor Group cannot be considered liable for any recommendation made by any third party, or external source of information. The Customer must check with the sales team if there are any aspects of the specification which may particularly influence their decision to purchase.
5. Any order and any allowance in respect of a motor vehicle offered in part exchange by the Customer is subject to written acceptance by the Dealer.
6. The Customer must take and pay for the goods within 7 days of being notified that they are available. If the Customer fails to do so then the Dealer will be entitled to keep the deposit, and recover damages for all reasonable resulting losses (including loss of profit), costs (including labour and materials at usual retail rate), charges and expenses directly flowing from the breach of contract.
7. The Dealer will retain ownership of the goods until they have been paid for. Responsibility for looking after the goods becomes the customer’s responsibility on delivery or payment, whichever is the sooner.
8. Any estimated date quoted for delivery of the goods is only approximate. The Dealer shall not be liable for delay or failure in delivery of the goods which is beyond its control.
9. In the event that Freeborn Motor Group is unable to fulfil the order, it will be entitled to cancel the order. In such instances any liability will be limited to refunding the customer for all payments received.
10. If the Dealer fails to deliver the goods within 21 days of the estimated date of delivery stated in this contract the Customer may by notice in writing to the Dealer, require delivery of the goods within 7 days of receipt of such notice. If the goods are not delivered to the Customer within the 7 days the contract shall be cancelled. If the contract is cancelled any deposit paid shall be returned and the Dealer shall be under no further liability.
11. Where required Delivery will be to an address within the UK nominated by the Customer subject to reasonable security and identification checks. It is the customer’s responsibility to provide adequate information for the carrier to find the address. The customer agrees to indemnify Freeborn Motor Group against any costs that it may incur as a result of non-delivery as a result of inaccurate or inadequate instructions.
12. Confirmation of delivery from the carrier will be presumed to constitute conclusive proof of delivery
13. Freeborn Motor Group shall not be considered liable in respect of any defect arising from fair wear and tear, wilful damage, negligence or abnormal working conditions (including track use).
14. Where the Consumer Protection (Distance Selling) Regulations 2000 apply, the customer may cancel the contract within seven days of the goods being delivered and receive a full refund, provided that the goods remain in a good condition. In such instances it is the customer’s responsibility to pay for and arrange for the return of the goods, and to keep Freeborn Motor Group indemnified against all such costs.
15. Any notice of cancellation must be addressed to Freeborn Motor Group at ADDRESS or by fax to NUMBER or by e-mail to E-MAIL ADDRESS.
16. In all other circumstances, cancellation will only be accepted at the discretion of Freeborn Motor Group, and subject to payment of all reasonably resulting costs and/or losses.
17. Any agreement for the Dealer to purchase a vehicle or other goods in part exchange is subject to the following;
a) The part exchange goods must be the sole property of the Customer, and the Customer must be entitled to sell them.
b) The part exchange goods must be delivered in the same condition and with the same features, as when they were examined by the Dealer.
18. If these conditions are not met, the Dealer will not accept the Customers used motor vehicle and the Customer will pay the full price for the vehicle ordered.
19. If delivery of the goods is delayed through no fault of the Dealer they will deduct an amount for depreciation of the part exchange goods. This amount will not exceed 2.5% of the agreed value of the part exchange goods for each complete 30 day period.
20. If the goods to be supplied by the seller are new the following provisions shall have effect:
a) The goods supplied will comply with the description or model designation assigned by the manufacturer. Any aspects of the detailed model specification which are particularly important must be recorded on the Order form.
b) If after the date of this order and before the delivery of the goods to the purchaser the recommended price for the goods increases, the Customer will be notified of the amount of the increase the Dealer intends to pass on to the Customer. The customer can cancel the contract within 14 days of receipt by him of such notice, failing which such increase shall be added to the contract price for the goods.
21. These terms and conditions govern the entire contract between Freeborn Motor Group and the customer. All other rights are excluded to the maximum extent permitted by law.
22. Should any of these terms and conditions be held to be unenforceable in whole, or in part, then the remainder will remain valid.
23. This contract is governed by the prevailing law in England & Wales.