TERMS AND CONDITIONS
These terms and conditions, together with the documents referred to herein are available on request or accessible via www.totalvehicleleasing.co.uk and are the terms (“Terms”) on which Total Vehicle Leasing Limited (company number 9564032) and whose registered office is at 4 Adams Court, Adams Hill, Knutsford, Cheshire, WA16 6BA (“We”), (“Us”) and (“Our”) provides its services to you. This page tells you information about Us and the Terms on which We source, locate or otherwise identify any Vehicles for you. These Terms will apply to any contract with Us for the provision of Services. Please read these Terms carefully and make sure that you understand them, before placing an Order for any of the Vehicles listed on Our Site. By placing an Order with Us, you agree to be bound by these Terms. We amend these terms from time to time. Accordingly, please check these Terms before placing any Order to ensure that you understand which Terms will apply at the time. You should print a copy of these Terms or save them to your compute for future reference. Our services are to source a vehicle for you to lease and source the financial products and services available to enable you to do so. We are a licensed credit broker; our Financial Conduct Authority Firm Reference Number is 801761. We are also a member of the British Vehicle Renting and Leasing Association (‘BVRLA’) and operate in accordance with its code of conduct.
All the provisions contained in this document are important; however, if you are a consumer (‘Consumer’) as defined in the Consumer Contract (Information, Cancellation and Additional Charges) Regulations 2013 (‘the Regulations’), your special attention is drawn to clauses 3, 5, 6 and 7 below.
Cancellation Period: is defined in clause 9.2;
CAP: is the third-party company (CAP Automotive Limited) used by Us to provide current information on the Vehicles, with its registered office at Capital House, Bond Court, Leeds, LS1 5EZ.
Credit Check: your personal information may be passed on to credit reference agencies and finance providers to perform a credit search following receipt of your Order;
DPA: is defined as the Data Protection Act or GDPR regulations
Enquiry: is an enquiry for the services either via telephone or through the Website Event Outside Our Control: is defined as Force Majeure in clause 18;
Initial Payment: is the initial rental payable to your finance provider, which will be collected by Us and set out in the Order and/or Finance Agreement;
IDD: is the Initial Disclosure Document on our website
Finance Agreement: you may be introduced to a panel of finance providers following receipt of your Order and the completion of a Credit Check to enter into a finance agreement with a finance provider to purchase, hire or lease the Vehicle identified in your Order. We may receive a commission payment from these finance providers;
Manufacturer: is the relevant Vehicle manufacturer;
Order: is the proposal by Us to You to obtain the Vehicle at a price and specification like that displayed on Our Site;
Our Site: the images, applets, scripts, text and graphics forming the website operated by Us and registered under the domain name: www.totalvehicleleasing.co.uk
Processing Fee: is the fee charged by Us for Our Services and payable at the time of the Order;
Quotation: is a quotation for the finance of a vehicle
Services: to source, locate or otherwise identify the Vehicle at the price stated on your Order, the completion of a relevant Credit Check, the processing and/or procurement of a Finance Agreement (if required) and to arrange for delivery of the Vehicles from the relevant dealer or as otherwise communicated to you;
Terms: these terms and conditions on which We supply the Services to you;
VAT: means value added tax as provided for in the Value Added Tax Act 1994;
Vehicle(s): is the vehicle and/or vehicles matching the description and specification as displayed from time to time on Our Site and forming your Order to Us; and
1. Use of our site
Your use of Our site is governed by Our Terms of Website use, Website Acceptable Use Policy. Please take the time to read these, as they include important terms which apply to you including our Vehicles www.totalvehicleleasing.co.uk/...
3. If you are a consumer
This clause 3 only applies if you are a consumer.
3.1 If you are a consumer, you may only place an Order for Vehicles from Our Site if you are at least 18 years old and resident in the United Kingdom.
3.2 The prices stated in respect of the Vehicles may be shown inclusive or exclusive of VAT. Please note that you will be liable to pay VAT.
4. If you are a business customer
This clause 4 only applies if you are a business customer.
4.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use Our Site to place an Order for Vehicles.
4.2 The prices stated in respect of the Vehicles will be exclusive of VAT.
4.3 These Terms, any Order, Order Confirmation and any agreed amendments to the Order, constitutes the entire agreement between you and Us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between Us, whether written or oral, relating to its subject matter.
5 Enquiries, Credit Searches and Data Protection
Enquiries for the services can be made either via telephone or through the Website and you agree and acknowledge that where you make an Enquiry via telephone that we may record the conversation for quality, training and/or order monitoring purposes. In making an Enquiry you agree and acknowledge that you are instructing us to try and source finance for you to enable you to finance the vehicle and that a contract is formed with regards to these services alone. Unless you expressly request us not to do so, you agree and acknowledge that by making an Enquiry, we shall commence with the provision of our services of trying to source finance for you within the cancellation period.
When you are applying on behalf of a limited company or other form of corporate entity, then you warrant that by making the Enquiry you are authorised to do so. If you refuse to provide any information requested by us or a third party in relation to the proposed finance of a vehicle as set out in these Terms, it shall result in your application being declined and our services ceasing to be offered to you until you disclose the required information.
You will be asked to provide us with various personal data as part of the submission of the Enquiry, some of which may be deemed sensitive personal data for the purposes of the DPA. By making an Enquiry You are permitting and agree and acknowledge to Us that we can make enquiries with funders as to the products and services which are available to you. They and/or we may undertake or arrange credit searches as part of this process. Where you have disclosed to us personal information and for whom a credit search is carried out You agree and acknowledge that We shall not be liable to any of those individuals. A record of credit searches may be used by other lenders in assessing future applications by you either through us or otherwise.
6. Prices, the Quotation and Ordering
The prices displayed on the website are the consolidation of the best prices available at any given time for the vehicles displayed and the available funders we use. We use many leading vehicle funding suppliers to provide their pricing. Each funding provider will have its own specific financial and operational requirements. For clarity these may vary from one funder to the next.
The prices of the Vehicles will be as quoted on Our Site at the time you submit your Order. We always take reasonable care to ensure that the prices of Vehicles are correct at the time when the appropriate information was entered onto the system. Please see below for what happens if we discover an error in the price of any Vehicle ordered.
AS our Site contains many Vehicles it is always possible that, despite our reasonable efforts, some of the Vehicles listed on Our Site may be incorrectly priced. If We discover an error in the price of any Vehicle, We will contact you to inform you of this error and give you the option of continuing with the Order at the correct price or you may cancel. We will not process your Order until We have your instructions. If unable to contact you using the contact details you provided, We will treat the Order as cancelled and notify you in writing.
Unless otherwise communicated to you the prices advertised for the Vehicles include:
(a) the cost of delivery by the relevant dealer to be driven to your chosen UK mainland destination;
(b) the cost of number plates;
(c) the cost of any road fund licence for the term of the Finance Agreement (if applicable); and
(d) the cost of any vehicle registration charge.
Prices set out on the Website (and which shall subsequently be set out in the Quotation) shall be deemed to:
(a) exclude VAT for business finance, which shall for the avoidance of doubt be additionally charged;
(b) include VAT for personal finances, with VAT being set to the prevailing national rate from time to time. Should the rate of VAT be adjusted at any time prior to or once a contract is formed between you and us then the price may be adjusted accordingly.
Upon receipt of the Enquiry, We shall assess your requirements based on the information that you have provided to us. In doing so You warrant that the information that you provide us with is true and you agree and accept that we are only able to provide our services in reliance upon the information which you provide us on that basis.
Our processing fee of £165.83 + VAT (equating to £199 inclusive of VAT) or that otherwise notified to you, which shall become payable at the order stage.
We shall use reasonable endeavours to provide you with a Quotation for the finance of a vehicle within 1 Business Day (being any day which is not a Saturday, Sunday or public holiday in England) of receipt of the Enquiry but for the avoidance of doubt time is not of the essence. The Quotation is not a contractual offer.
As referred to in our IDD and as stated above, we are reliant on you divulging to us all relevant information and circumstances that may affect the suitability of the Quotation. We will not accept any liability to You if you fail to adequately describe to us or where you receive an inadequate vehicle because of the information which you have failed to provide to us. If you have any specific requirements in relation to any vehicle then you must notify these to Us as we cannot guarantee the specification of any given model.
We endeavour to always display the correct rate on Our Site at the time of Order, however rates fluctuate due to manufacturers pricing, adjustments in finance company’s residual values and dealer or manufacturer discount levels.
Whilst we make every effort to state or provide quotations, manufacturers standard and optional equipment details accurately, no responsibility can be accepted for fluctuations in interest rates, manufacturer’s prices and specification changes or otherwise. Quotations are subject to account and credit approval and vehicle availability. You agree and acknowledge that the requirements of one funding provider does not necessarily mean that you shall meet the requirements of them all. You are therefore not guaranteed to qualify for the funding which we notify to you in the Quotation. For clarity we do not advise on the respective terms and conditions of any funding offering being made available and you agree and accept that We shall have no responsibility or liability for your ultimate choice.
Accepting a Quotation
When you are happy with the options detailed in Our Quotation, then you must inform us by accepting your Quotation online within 10 Business Days of the date of the Quotation to notify us as such and instruct us to proceed with the Order.
At this stage We reserve the right to require you to provide us with such further information as we may require including contacting the funding providers to try and obtain the required funding for you. You agree and acknowledge that failure to provide us with any further information required by us within 10 Business Days of the Quotation will mean that the Quotation no longer remains valid.
Upon receipt of the Order and such additional information as we may require, We shall liaise directly with the carefully selected finance (from whom you acknowledge that We may receive a commission following from you entering into a contract with them) and vehicle providers with a view to securing the products and services for you as described in the Quotation. However, where we are required to contact funding providers on more than one occasion or where we are required to contact different funding providers than those detailed in the Quotation then you agree and acknowledge that We may contact you again to obtain further information.
Ordering and Accepting an Order
If we are successful in securing an offer of funding for you and a vehicle then we shall revert to you with an Order proposal which sets out details of the contract. The Order shall contain details of all charges due to be paid to us including any processing and/or processing fees, which shall in any event already have been outlined to you on the website prior to receiving the Order. Unfortunately, you will not be able to place an Order from outside the UK. Any processing and/or processing fee which we charge is done so in consideration for our arrangement of any finance agreement which you are required to enter as per the paragraph below.
If you are willing to proceed then a contract shall be formed between you and us once we have received the signed Order from you within 10 Business Days of the date of the Order PROVIDED ONLY THAT you have entered into a financial agreement with the finance company enabling you to finance the vehicle and you have provided us with evidence that this has been done. If you sign the Order prior to entering into a contract with the finance company, then the contract between you and us shall not come into force until there is a valid contract in force between you and the finance company.
Please be aware that you do not own the vehicle at the end of the contract. On a contract hire agreement the finance company is the registered owner and keeper of the vehicle.
We reserve the right at our absolute discretion and without liability to you to withdraw or re-issue a Quotation or Order at any time before a contract is formed and may do so for reasons including but not limited to changes in our standard scale of charges and/or vehicle or funding provider costs and/or changes in legislation. Subject to your statutory rights (specifically those as a Consumer set out below), where you fail to enter into a contract with us, We reserve the right to charge you for up to 5% of the proposed cost of the vehicle (as set out in the Quotation) in respect of the services provided to date.
7. Changes, Cancellations and Termination
Once a contract has been formed between you and us, you agree and acknowledge that you will be unable to change or cancel the Order and as such you will not be entitled to a refund for any payment. It is therefore important that you provide us with accurate information in relation to your requirements and circumstances at all stages as we accept no responsibility where the vehicle provided to you does not meet your actual requirements where these differ from those notified to us.
Save where you exercise your rights (where applicable) afforded under:
(a) the Consumer Credit Act 1974;
(b) the Regulations;
(c) the Financial Services (Distance Selling) Regulations 2004; and
(d) such other applicable legislation in force from time to time,
If you wish to cancel a contract between you and us for the finance of the vehicle then you must notify us in writing prior to delivery of the vehicle taking place. Such cancellation may result in loss of any monies paid by you to us subject to our discretion.
The Following Additional Rights Shall Apply Only if you are a Consumer:
You have the right to cancel any contract between you and us within 14 calendar days without giving any reason. The cancellation period will expire after 14 calendar days from the date of the signing of the relevant contract. To exercise the right to cancel, you must inform us of your decision to cancel by a clear statement in writing. 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.
If you cancel a contract between you and us, we will (save where set out below) reimburse to you all payments received from you. We will make the reimbursement without undue delay, and not later than 14 calendar days after the day on which we are informed about your decision to cancel. Where possible, we will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise, or we are unable to do so in which case we shall contact you to agree a suitable method of payment. In any event, you will not incur any fees because of the reimbursement.
If you requested us to begin the performance of any obligations under a contract between you and us during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated to us your cancellation, in comparison with the full coverage of the contract. You agree and acknowledge that we may, at our absolute discretion, deduct such sums as we deem reasonable and in proportion from the deposit which we hold from you to satisfy your obligations in this respect including but not limited to any costs which we have incurred in reliance on your request.
We may immediately terminate (or suspend the performance of our obligations under) a contract between you and us at our absolute discretion and without liability to you if:
(a) you commit a material breach of any term of these Terms which breach is irremediable or (if such breach is remediable) fail to remedy that breach within a period of 10 Business Days after being notified in writing to do so;
(b) you commit a breach of any finance agreement entered in connection with the finance of a vehicle;
(c) you suspend, or threaten to suspend, payment of your debts or are unable to pay your debts as they fall due or admit inability to pay your debts or are deemed unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986;
(d) you commence negotiations with all or any class of your creditors with a view to rescheduling any of your debts, or make a proposal for or enter into any compromise or arrangement with your creditors other than for the sole purpose of a scheme for a solvent amalgamation with one or more other companies or your solvent reconstruction;
(e) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with your winding up other than for the sole purpose of a scheme for a solvent amalgamation with one or more other companies or your solvent reconstruction;
(f) an application is made to court, or an order is made, for the appointment of an administrator, or if a notice of intention to appoint an administrator is given or if an administrator is appointed, over you;
(g) the holder of a qualifying floating charge over your assets has become entitled to appoint or has appointed an administrative receiver;
(h) a person becomes entitled to appoint a receiver over your assets or a receiver is appointed over your assets;
(i) a creditor or encumbrancer of you attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of your assets and such attachment or process is not discharged within 10 Business Days;
(j) you, being an individual, are declared bankrupt or make any arrangement with or for the benefit of your creditors or have a county court administration order made against you under the County Court Act 1984;
(k) any event occurs, or proceeding is taken, with respect to you in any jurisdiction to which it is subject that has an effect equivalent or like any of the events mentioned in this section;
(l) you, being an individual die; or
(m) you suspend or cease, or threaten to suspend or cease, carrying on all or a substantial part of your business.
Any provision of these Terms that expressly or by implication are intended to come into or continue in force on or after termination or expiry of a contract between you and us shall remain in full force and effect. Any such termination shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the Terms which existed at or before the date of termination or expiry. You are aware that the provision of finance by the finance provider shall be made under a separate contract and that termination of these Terms are without prejudice to the rights and obligations set out thereunder save where expressly set out. It shall be the responsibility of the finance company to deal with the collection of the vehicle upon termination of your contract with them.
8. Delivery, Documentation and Warranty
Unless we otherwise agree in writing we shall not arrange for delivery of the vehicle to be made until:
(a) a contract has been entered between you and Us for the finance of the vehicle as set out in section 4 above;
(b) We are satisfied that you hold valid insurance for the vehicle;
(c) all outstanding charges have been paid by you to Us; and
(d) (where applicable), any statutory cooling off periods have expired.
Delivery timescales are provided to you by us as an indication only and for the avoidance of doubt time for delivery is not of the essence. Whilst we will use reasonable endeavours to ensure that any timescales for delivery are met, we will not be liable to you for any Loss arising out of late delivery. If we are unable to deliver the vehicle including but not limited to where the delivery driver reasonably considers the means of access to your address to be unsafe the vehicle will not be delivered until the means of access is safe.
If you are unable, for whatever reason to take delivery of the vehicle or where means of access is unsafe we reserve the right to charge you an additional delivery charge for each subsequent attempted delivery. Such additional charges shall be payable in advance of any further attempts.
Once delivery of the vehicle has been made, it is your responsibility to:
(a) read and ensure that you understand any handbooks, warning lights or indicators, instructions or other documentation provided to you with the vehicle;
(b) check that the vehicle meets that detailed in the Order; and
(c) inspect the vehicle for any damages or imperfections, and inform us immediately by signing the delivery note containing sufficient details and by failing to do so you shall be deemed to have accepted the vehicle. Refusal to sign the delivery note may be treated as refusal to take delivery and you may incur additional charges.
For details of the applicable terms and conditions, please refer to the Manufacturer's warranty provided with the Vehicles.
If you are a consumer, a Manufacturer's warranty is in addition to, and does not affect, your legal rights in relation to any Vehicles that are faulty or not as reasonably described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office
9. Liability and Indemnity
Except in respect of death or personal injury caused by our negligence, and subject to your statutory rights, we shall not be liable for any representation (unless fraudulent), implied warranty, condition or other term, or legal duty for loss suffered by you whether in contract, tort (including negligence), breach of statutory duty, or otherwise (even if foreseeable) arising out of or in connection with the provision of our services. In any event, our entire liability under or in connection with these Terms shall not exceed the charges paid by you to us in accordance with these Terms, except as expressly provided for in these Terms. You agree to indemnify us, keep us indemnified and hold us harmless against any loss suffered by us in connection with these Terms because of your breach of the Terms.
10. OTHER IMPORTANT ITEMS
We always aim to provide you with the highest standard of service but if there is any occasion where for whatever reason you are disappointed with the services which we have provided or have a specific query in relation to or arising out of any contract between you and us then you may contact us via:
(a) write to us at; FAO Customer Services Manager, 4 Adams Court, Adams Hill, Knutsford, Cheshire, WA16 6BA citing ‘Queries’ as the reference;
(b) email us at firstname.lastname@example.org or
(c) call us on 01565 65 66 66
Complaints, Dispute Resolution and Expert Determination
If you consider that your query has not adequately been dealt with in accordance with the ‘Queries’ section above, you may contact us to request a copy of Our complaints procedure and:
(a) write to Us at; FAO Customer Services Manager, 4 Adams Court, Adams Hill, Knutsford, Cheshire, WA16 6BA citing ‘Complaints’ as the reference;
(b) email us at email@example.com; or
(c) call us on 01565 65 66 66.
If you remain dissatisfied following completion of our complaints procedure, then you may refer to the BVRLA’s conciliation service. Details of your complaint should be submitted in writing to the BVRLA, using its complaint form which may be accessed via http://www.bvrla.co.uk/advice/guidance/using-bvrlas-conciliation-service. The complaint form should be sent to the BVRLA via email to firstname.lastname@example.org; post to BVRLA, River Lodge, Badminton Court, Amersham, HP7 0DD; or fax to 01494 434499.
If a dispute remains that is of a technical nature relating to the functions or capabilities of the vehicle or any similar or related matter, then such a dispute shall be referred for final settlement to an expert nominated jointly by the parties or failing to agree to a nomination within 10 Business Days after either party's request to the other nominated at the request of either party by the BVRLA. Such expert shall be deemed to act as an expert and not as an arbitrator. The expert's decision shall (in the absence of clerical or manifest error) be final and binding on the parties and his costs shall be borne between the parties in equal shares unless he determines that the conduct of either party is such that such party should bear a greater proportion of such fees.
Consumer credit customers also have the legal right to refer unresolved disputes to the Financial Ombudsman Service (‘FOS’) within 6 months from the date of the final decision provided to You http://www.financial-ombudsman.org.uk/consumer/complaints.htm and furthermore, as a Consumer, you are entitled to resort to the European Commission’s online dispute resolution procedure which can be accessed via http://ec.europa.eu/consumers/odr/.
(a) All notices and communications required to be sent by you shall be made and sent by e-mail to email@example.com or first-class post or hand delivered to our address as first set out above.
(b) All notices and communications required to be sent by us shall be made and sent by e-mail to the e-mail address or post to the postal address provided to us by you.
(c) If notice is sent in one of the above ways it shall be deemed to have reached the party to whom it is addressed on the next Business Day following the day of posting.
Events outside our Control
Both parties will be released from their respective obligations in the event of national emergency, war, prohibitive governmental regulations, import or export regulations or embargoes, strikes, lock-outs or other industrial actions or trade disputes (whether involving our employees or a third party), difficulties in obtaining raw materials, labour, fuel, parts or machinery, power failure or breakdown in machinery or any other cause beyond the reasonable control of the parties rendering performance of the contract for the provision of Our services impossible provided that this condition shall only have effect at Our discretion except when such event renders performance impossible for a continuous period of 2 (two) calendar months.
This agreement is between You and Us. Except as otherwise specified in the Terms, it is the intention of the parties that no person not a party to the Terms shall have any rights in relation to it under the Contracts (Rights of Third Parties) Act 1999.
These Terms set out the entire agreement between the parties in connection with its subject matter and neither party has entered these Terms in reliance on any warranty, representation or statement made by the other (which for the avoidance of any doubt includes but is not limited to any verbal discussions between the parties) which is not set out in these Terms. Nothing in these Terms purports to exclude liability for any fraudulent statement or act.
If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce our rights against you, or if we delay in doing so, that will not mean that We have waived our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
Governing Law and Jurisdiction
These Terms are governed by the English law in every including formation and interpretation and shall be deemed to have been made in England. Any proceedings arising out of or in connection with the Website or the Order may be brought in any court of competent jurisdiction in England and Wales.