Terms & Conditions

CONTRACT

1.1 The order for sale of a motor vehicle by Carsa Limited (Carsa); at the agreed price (“the Total Retail Price”) and any allowance in respect of a used motor vehicle offered by you (“the Customer”) incorporates the following clauses and only becomes binding after being accepted by Carsa.

1.2 The order (except where varied by an agreement between the parties which is recorded in writing and signed by an authorised representative of Carsa) shall constitute the entire contract between the parties.

THE PARTIES

2.1 Carsa Ltd (“Carsa”, “we”, “us”, or “our”) operates www.carsa.co.uk and our branches (the “Site”). We are registered in England and Wales under company number 12805624 and have our registered office at Unit 7 Barton Park, Chicken Hall Lane, Eastleigh, SO50 6RR. Our VAT number is 356789439.

2.2 You are the customer ("You" or “Your") who places an order on the Site or in our branches.

YOUR VEHICLE

3.1 Prior to delivery or collection, the Vehicle will have undergone a 204-point mechanical and specification inspection as part of our preparation of the Vehicle for sale. The Vehicle will also have an MOT.

3.2 Subject to section 3.3 below, Carsa provides You with a 90-day warranty and roadside assistance coverage for the Vehicle free of charge. Assuming the exclusions in 3.3 don’t apply to You, You will automatically be opted in for this 90-day warranty at the time of purchase. Your direct contractual relationship will be with Autoprotect for the 90-warranty and with our third-party roadside assistance provider for the roadside assistance coverage.

3.3 If you will be using the Vehicle for hire and reward, the warranty and roadside assistance coverage in section 3.2 will not apply to Your Order.

3.4 Carsa does not provide any manufacturer's guarantee for the Vehicle. If and to the extent that a manufacturer's guarantee and / or roadside assistance programme endures from a previous period of ownership of the Vehicle and You are entitled to receive the benefit of this, Carsa reserves the right to provide only the difference between the 90-day warranty / roadside assistance and that amount of coverage from which the Vehicle will continue to benefit from the point of Delivery or Collection (as defined below).

3.5 Customers are advised that any upgrade or conversion applied to a vehicle may change its original characteristics and may result in increased fuel consumption, firmer ride etc. Please note upgrades or conversions may breach the manufacturers’ warranties. A signed order form and part payment may be required for performance upgrades and conversion work. Customers are advised to inform their insurance companies of any changes.

3.6 The Vehicle may previously have been used as a lease or rental Vehicle or have had multiple users. It may also have been imported from another country. We will use reasonable endeavours to provide You with any additional information in our possession about the Vehicle on Your request. However, if You have any questions about the previous use of the Vehicle or have specific requirements You are advised to discuss these with us before placing Your Order.

3.7 Carsa shall not be considered liable in respect of any defect arising from fair wear and tear, wilful damage, or negligence.

3.8 The Customer agrees’ and recognises that all intellectual property rights in goods supplied by Carsa, remain with Carsa and do not pass to the Customer.

3.9 Unless otherwise affected by the terms of the Consumer Credit Act, any part payments paid to Carsa for the purchase of used vehicles or upgrades/conversions are not refundable unless an agreement is made in writing at the time of placing the order.

3.10 References to "Leather" on the Site may not be genuine or 100% leather but rather partial leather or an artificial substitute.

3.11 We check Your Vehicle for manufacturer recall notices at the point Your Vehicle arrives in our reconditioning centre. To the extent any recall notices are identified at that time we will endeavour to resolve the recall issue with the manufacturer. After this point we do not make any further recall checks.

3.12 We do not give or make any representation, warranty or undertaking that Your Vehicle will not be subject to a manufacturer's recall notice at the point of sale or at any time in the future.

3.13 Any vehicles consigned to Carsa for sale on the Customer’s behalf remain the property of the Customer under the terms and conditions of the Sale or Return agreement. Any work undertaken to the vehicle to ready it for sale is for the Customer’s account and this account must be settled prior to removal of the vehicle from the Companies premises in the event of it remaining unsold.

3.14 If Your Vehicle is subject to a manufacturer’s recall notice at the point of sale and we cannot resolve the recall issue with the manufacturer prior to Delivery or Collection, Carsa may cancel Your Order at any point before the Vehicle is delivered or collected. If we do this, we will refund all payments received for the Vehicle (including any amount You paid for Delivery).

3.15 If we identify a quality issue with Your Vehicle prior to Delivery or Collection and we are unable to fix this issue or it is not practical for us to do so (for example, if fixing the issue would be too expensive), Carsa may cancel Your Order at any point before the Vehicle is delivered or collected. If we do this, we will refund all payments received for the Vehicle (including any amount You paid for Delivery).

3.16 You acknowledge that in the case of the Goods being a second-hand vehicle the Goods will be sold:

3.16.1 subject to such wear and tear as is reasonable for a vehicle of its age, type, usage, and mileage; and

3.16.2 subject to paintwork and/or bodywork repairs that may have been carried out to it.

3.17 In the event that the Goods were not originally supplied via the manufacturer’s official distributor for the United Kingdom the Customer accepts that the specification may vary from the British specification.

EXAMINATION OF GOODS AND RELIANCE

4.1 Prior to signing the order form the Customer shall examine the Goods to be purchased (if such are available for inspection) and the Customer is reminded that the condition of satisfactory quality implied by legislation does not operate in relation to such defects which such an examination ought to reveal.

4.1.1 This would include but is not limited to bodywork defects, paint scratches, tyre or alloy wheel defects, dents, windscreen chips, interior scratches or cosmetic issues.

4.2 If the Goods are sold subject to defects and have been notified by Carsa to the Customer before the signing of the contract, the condition of satisfactory quality referred to above does not operate in relation to those defects.

4.3 The Customer confirms that it has satisfied itself as to the suitability of the Goods for its requirements and has not relied upon Carsa skill or knowledge regarding the Goods' fitness for any particular purpose or use.

4.4 The Vehicle may previously have been used as a lease or rental vehicle or have had multiple users. It may also have been imported from another country. We will provide you with any information about the Vehicle on request so if you have any questions about the previous use of the Vehicle or have specific requirements we advise you to discuss these with us before placing your Order.

4.5 The data displayed on www.carsa.co.uk or any affiliate sites such as Autotrader is provided without any guarantees, conditions or warranties as to its accuracy. The material displayed details the usual specification of the vehicle model. It is not the exact data for the actual vehicle being offered for sale and data for older or newer models may vary slightly. Whilst every effort has been made to ensure the accuracy of information on these sites, some errors may occur. It is important that you do not rely solely on this information but check with Carsa about any specifications or terms you feel will affect your decision to purchase a car. No liability is acceptable for loss or damage resulting from errors or omission on www.carsa.co.uk or any affiliate sites such as Autotrader.

DELIVERY

5.1 This section 5 applies only if you choose to have Your Vehicle delivered.

5.2 We offer home delivery to any UK postcode but may choose not to deliver to certain postcodes including in the Scottish Highlands, Scottish Islands, other remote parts of Scotland, the Isles of Scilly, Channel Islands, Guernsey, Jersey, the Isle of Man, Isle of Wight and Northern Ireland.

5.3 Delivery of Your Vehicle will take place on the date and time shown in Your Order ("Delivery") unless we tell You otherwise.

5.4 Carsa will use its best endeavours to secure a 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 Carsa.

5.5 The Goods as described on the face of the order form (“the Goods”) may be delivered by Carsa or its agent in advance of the estimated delivery date upon giving 14 days prior notice to the Customer.

5.6 If the Goods are not delivered within three calendar months of the estimated delivery date (if any) the Customer or Carsa may elect by notice in writing to the other party to cancel this contract. Upon such cancellation the Customer’s deposit shall be returned and Carsa shall be under no further liability to the Customer.

5.7 In the event that no estimated delivery date is given, Carsa will deliver the Goods within 1 month of the Goods being made available to it.

5.8 Only You are eligible to receive the Vehicle on Delivery.

5.9 We will charge you a fee for Delivery of Your Vehicle (the “Delivery Charge”). The Delivery Charge will be outlined in Your Order.

5.10 Your Vehicle will only be delivered to the location specified in Your Order.

5.11 Our vehicle transporters are roughly 3.5m high, 9.7m long and 2.8m wide and we need access to Your address to make Your Delivery. If we can't gain access, we may offer an alternative method of Delivery (for example, by driving the Vehicle to Your address), but we aren’t required to do so. Any such arrangements may be subject to additional cost which will be payable by You.

5.12 On Delivery of the Vehicle, You must show Your photographic UK driving licence to the Carsa Transport Specialist to verify Your identity and address. We may also accept a utility bill in Your name to verify Your address. We refuse to deliver, or permit the collection of, the Vehicle or any other product(s) if you don’t provide this identification when we ask.

5.13 On Delivery, You must confirm receipt to the Carsa Handover Specialist. You must sign our receipt to confirm that You have received the Vehicle, and that it meets the specification in Your Order.

5.14 Where You pay for the Vehicle, ownership of the Vehicle will pass to You once:

5.14.1 we have received full payment of the purchase price (and any other amounts due) in cleared funds;

5.14.2 we have accepted Your Part Exchange Car as partial payment of the purchase price (if applicable); and

5.14.3 You have accepted Delivery by signing our pro-forma invoice (in accordance with section 5.13 above).

5.14.4 Where You have entered into a third-party finance agreement You should be aware that ownership of the Vehicle will remain with the finance provider and the finance agreement will set out when and if title to the Vehicle will pass to You.

5.15 We will own the Vehicle until each of the conditions set out in section 5 has been satisfied, at which point we will notify the DVLA of the change in ownership. You should contact the DVLA if You do not receive Your V5 log book within 7 days after Delivery.

5.16 Carsa may at any time cancel the contract if the manufacturer ceases to make the Goods or if the manufacturer ceases to supply the Goods to the UK market. If Carsa is unable to supply any option or accessory, whether factory fitted or otherwise, Carsa may at its discretion either substitute a reasonable equivalent or delete the option or accessory from the contract. If any accessory is deleted the purchase price shall be adjusted by the price thereof. The inability of Carsa to supply an option or accessory shall not constitute a breach of contract or entitle the Customer to reject the Goods.

COLLECTION

6.1 This section 6 applies only if you choose to Collect Your Vehicle.

6.2 We offer Collection of the Vehicle at a Carsa Branch of your choice.

6.3 Collection of Your Vehicle will take place on the date and time shown in Your Order (“Collection”), unless we tell You otherwise.

6.4 Only You are eligible to Collect the Vehicle.

6.5 When You Collect the Vehicle, You must show Your photographic UK driving licence to the Carsa to verify Your identity and a utility bill to verify Your address. You may also show Your passport to verify Your identity. We may refuse to allow You to Collect the Vehicle or any other product(s) if You don’t provide this identification when we ask.

6.6 If You cannot make your scheduled Collection time, You must contact Carsa Customer Service by telephone on 0300 303 4794. If You do this at least 24 hours before the scheduled Collection time, we will rearrange Collection at no extra cost to You. If You do this less than 24 hours before the scheduled Collection time, we may charge You £250 to rearrange Your Collection.

6.7 On Collection, You must confirm receipt to the Carsa Associate. You must sign our receipt to confirm that You have received the Vehicle, and that it meets the specification in Your Order.

6.8 Where You pay for the Vehicle, ownership of the Vehicle will pass to You once:

6.8.1 we have received full payment of the purchase price (and any other amounts due) in cleared funds;

6.8.2 we have accepted Your Part Exchange Car as partial payment of the purchase price (if applicable); and

6.8.3 You have accepted Your Vehicle by signing our pro-forma invoice (in accordance with section 6.7 above).

6.8.4 Where You have entered into a third-party finance agreement You should be aware that ownership of the Vehicle will remain with the finance provider and the finance agreement will set out when and if title to the Vehicle will pass to You.

6.9 If the Customer shall fail to collect and/or pay for the Goods within 72 hours of delivery then Carsa may at its option either store the Goods at the Customer’s cost or, upon giving the Customer 7 days’ notice of its intention to do so, elect to treat the contract as repudiated by the Customer and thereupon any sums paid by the Customer shall be returned less a sum equivalent to a reasonable administration fee, any damages, loss or expenses which Carsa may have suffered or incurred by reason of the Customer’s default (including as a result of selling such vehicle at a lower value) and/or storage costs and Carsa shall be under no further liability to the Customer. Carsa may, at its option following such repudiation elect to return any part-exchange vehicle or to retain it at any agreed trade-in price (in which case the agreed trade-in price shall be treated as part of the sums paid for the purpose of this clause).

6.10 We will own the Vehicle until each of the conditions set out in section 6 have been satisfied, at which point we will notify the DVLA of the change in ownership. You should contact the DVLA if You do not receive Your V5 log book within 7 days after Collection.

PRICE, PAYMENT & FINANCE

7.1 All orders are subject to the acceptance of Carsa which is dependent upon the availability of the vehicle being ordered, price changes and cleared funds of your deposit which is non-refundable.

7.2 The vehicle prices quoted include VAT.

7.3 Carsa reserves the right to change the price either before or after Carsa accepts any order. Carsa shall notify you of such a change and you have the right to cancel your order if the change is not acceptable, in which case your deposit will be returned in full.

7.4 Prices on the web site are for information purposes only and do not constitute an offer by Carsa capable of an acceptance by you.

7.5 All vehicles are subject to an administration fee. The administration fee covers vehicle inspection, vehicle transportation, HPI check certificate, DVLA Online Registration, warranted mileage & 3 months RAC Warranty. The HPI inspection checks if a car has finance owing, is stolen, cloned, written off or clocked giving you real confidence in our cars. Our vehicle checks carried out during preparation include a rigorous assessment of each vehicle. Administrations Fees Retail Customers £99.00. Retail Customers using a finance broker outside our official panel of lenders paying funds direct to Carsa £495.00 Customers exporting a car the fee is £995.00. Trade Sale to the motoring trade the fee is £595.00.

7.6 In the event that any of our vehicles are listed at an incorrect price or are no longer available Carsa shall have the right to refuse to accept any order from you or to cancel any order received from you based on the incorrect price, whether or not the order has been accepted.

7.7 A non-refundable deposit of £200 will be required by Carsa to secure a car when placing an order at one of our showrooms. If your order is not accepted by Carsa your deposit will be refunded by cheque/credited to your card within 7 days.

7.8 Payments against a vehicle up to £200 can be made by debit card or credit card. All payments above £200 against a vehicle, if not financing the purchase of the vehicle with Carsa, must be made by bank transfer (CHAPS or BACS transfers are accepted. Please note however a BACS transfer will take 2 days to clear delaying the collection of your vehicle). Cash is no longer accepted due to Money Laundering Regulations and no payments over £200 will be accepted by debit/credit card.

7.9 If the Total Retail Price or any part of the price for the Goods is to be paid by bank transfer then such payment or part payment may be made on the day of collection (subject to Carsa being given an opportunity to confirm the validity of such payment) provided that the Goods shall be collected within 14 days of delivery.

7.10 The Customer shall not be permitted to collect and take away the Goods until the Total Retail Price of the Goods as stated overleaf has been discharged in full (without set-off or counterclaim) unless this condition has been expressly excluded in writing by an authorised representative of Carsa. Time of payment shall be of the essence.

7.11 If You finance Your Vehicle from a third-party finance provider, You must understand that:

7.11.1 we will no longer sell Your Vehicle to You. We will sell it to the finance provider who will supply it to You on the terms of the finance agreement. The finance provider will own it until You get title to it under the terms of the finance agreement.

7.11.2 Use of a third party finance broker, outside our official panel of lenders paying funds directly to Carsa incurs a non-refundable charge of £495.

7.12 Customers exporting a car are subject to a non-refundable fee of £495.

7.13 Trade Sales to the motoring trade are subject to a non-refundable fee of £550.

7.14 Payment of the balance due on the vehicle must be made in the manner as agreed with Carsa. Title will only transfer to you when cleared funds have been received.

7.15 Permission must be given if we are to accept final payment from third parties. For example, finance/leasing companies.

SALE TO INTERMEDIARIES OR THIRD PARTIES

8.1 The Customer confirms that it is not purchasing the Goods as an intermediary or reseller unless specifically agreed by Carsa to the contrary. Carsa may, at its discretion refuse to change the Customer’s details or identity on the order or register the Goods to anybody other than the Customer.

PAINT & INTERIOR/FABRIC PROTECTION

9.1 If You select and purchase Paint & Interior/Fabric Protection, we will apply a one-time protective coating to Your Vehicle before Delivery or Collection.

CLAIMS

10.1 Without prejudice to the terms of the manufacturer’s warranty, where any valid claim in respect of the Goods which is based on any defect in the quality or condition of the Goods based on materials or workmanship or their failure to meet the specification is notified to Carsa, Carsa 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 to the Customer the price of the Goods (or a proportion part of the price), but Carsa shall have no further liability to the Customer. Carsa will not be liable where any defect results from or is worsened by one of the following circumstances:

10.1.1 after discovering the defect the Customer has failed either to inform Carsa or to have the defect examined by a Dealer without reasonable delay;

10.1.2 has failed to give a Dealer the option to repair the Goods without reasonable delay;

10.1.3 the Goods or any part thereof have been subject to misuse, negligence, or accident or use for racing or similar sports;

10.1.4 the Goods have been repaired or maintained and that repair or maintenance has not been carried out by or through a Dealer and/or to the manufacturer’s recommendations;

10.1.5 parts have been installed into the Goods the use of which have not been approved by the manufacturer or if the vehicle has been altered or modified in a manner not approved by the manufacturer;

10.1.6 instructions concerning the treatment, maintenance and care of the Goods have not been adhered to;

10.1.7 wear and tear.

10.2 Without prejudice to clause 10.1 above any claim by the Customer which is based on any defect in the quality or condition of the Goods on delivery or their failure to correspond with specification shall (whether or not delivery is refused by the Customer) be notified to Carsa 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 or 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 Customer does not notify Carsa as above the Customer shall be deemed to have accepted the Goods.

YOUR CANCELLATION RIGHTS: WHERE YOU HAVE PAID FOR THE VEHICLE

11.1 You can cancel Your Order with us at any point before the Vehicle is delivered or collected by contacting Carsa Handover at handover@carsa.co.uk or on 0300 303 4794.

11.2 Where You have paid for the Vehicle on the Site Yourself, You have the cancellation rights set out in this section. Where You have entered into a third-party finance agreement through the Site, Your rights are slightly different because we are no longer supplying the Vehicle to You and instead the Vehicle is being provided to You by the finance provider.

11.3 After Delivery of the Vehicle, where this has been purchased on the website and you have not physically viewed the Vehicle, under the Consumer Contract (Information, Cancellation and Additional Charges) Regulations 2013 You have the right to cancel Your Contract within 14 days.

11.4 If You cancel Your Contract within the 14-day cancellation period, we will refund all payments received for the Vehicle (including the Admin Fee). However, we are permitted by law to reduce Your refund to reflect any reduction in the value of the Vehicle, for example, costs associated with mileage You have incurred on the Vehicle and the costs to repair any damage that may have occurred during the period in which You were responsible for the Vehicle, in addition to any non-refundable products that have been installed or applied to the vehicle.

11.5 You have a legal obligation to handle and take reasonable care of the Vehicle while it is in Your possession. If You fail to comply with this obligation, we may have a right of action against You for compensation. If the value of the Vehicle is diminished as a result of Your use, we may recover such diminished value from You either directly or by reducing the value of any refund due by that amount.

11.6 To cancel Your Contract under this section 11, You must inform us of Your decision to cancel by 5pm on the 14th day after Delivery of Your Vehicle was accepted by You. This must be done by telephone by calling Carsa Customer Care on 0300 303 4794,or by email at customercare@carsa.co.uk.

11.7 You will need to provide us with Your name, postal address, and where available, Your telephone number and email address.

11.8 In the event that You wish to claim a refund (if applicable), You will be liable for returning the vehicle to the supplying dealership, including any costs incurred in doing so.

11.9 Your cancellation will be effective from the point at which the Vehicle is returned to a Carsa branch or we pick up the Vehicle at a cost of £250.

11.10 We will aim to contact You within three working days of receiving Your cancellation request, including to arrange pickup of Your Vehicle. If You have not heard from us within this time, please contact Carsa Customer Care on 0300 303 4794,or customercare@carsa.co.uk. You will be charged £250 for the pickup of Your Vehicle.

11.11 If You will not be present at the address for pickup, You must contact Carsa Customer Care by telephone on 0300 303 4794 at least 24 hours prior to pickup to rearrange Your time at no additional cost.

11.12 If You need to rearrange pickup less than 24 hours prior to any scheduled pickup time, You will incur a further charge of £250.

11.13 Upon cancellation, the Vehicle must:

11.13.1 be free of all financial charges other than the one created by this Contract;

11.13.2 be in the same condition You received it except for any mechanical problem that becomes evident after Delivery or Collection that was not caused by You;

11.13.3 be without damage or having been in an accident (otherwise we will be entitled to recover from You any loss in value of the Vehicle as set out in sections 11.4 and 11.5 above); and

11.13.4 not have incurred more than 100 miles since Delivery or Collection otherwise we will charge You an excess mileage charge of £2.00 per mile for each mile covered.

11.14 If You exercise Your legal right to cancel, You must promptly return the Vehicle’s V5 log book to us. We will issue the refund as soon as possible once we receive the Vehicle, but we may withhold £250 from Your refund until we receive the Vehicle’s V5 log book.

11.15 We will issue Your refund, in accordance with Section 11, using the payment method which You used to pay for the Vehicle save that any refunds for Part Exchange Cars (defined in section 12 below) will be undertaken via bank transfer. In the event that Your payment is refunded but we subsequently discover a defect sustained during Your period of ownership we reserve the right to debit a compensatory amount from Your credit or debit card.

11.16 The customer will be responsible for the cost of returning goods to the supplying dealership in the event that they have to be returned for any reason whatsoever, including but not limited to cancellation. The vehicle will accrue storage charges after 3 working days after notification that it is ready to collect unless otherwise agreed.

11.17 In the event that you wish to cancel your order you acknowledge that Carsa will claim the cost of unrecoverable extras fitted to the vehicle, and any reduction in the value of the vehicle.

11.18 Where, at any time during the period of 21 days beginning with the day notice of cancellation was given, the consumer receives such a request, and unreasonably refuses or unreasonably fails to comply with it, his duty to retain possession and take reasonable care of the goods continues until the consumer returns the goods.

11.19 Please note that this section 11 is not intended to be a full description of all Your legal rights. Full details of Your rights can be obtained, in the UK, from Your local Citizens’ Advice Bureau or Your Local Authority’s Trading Standards Office.

PART EXCHANGE

12.1 Where you choose to use a Part Exchange Car in partial payment of the Purchase Price, you must provide details of the Part Exchange Car on Carsa as part of your Order including whether the Part Exchange Car is subject to an existing finance agreement.

12.2 We may ask you for additional information about the Part Exchange Car at any time prior to Delivery or Collection.

12.3 If we agree to consider Your Part Exchange Car, we require that You make the Part Exchange Car available for our inspection on the Delivery or Collection of Your Vehicle. We are not obliged to provide a part exchange option when selling the Vehicle to You and our decision to examine and value a Part Exchange Car, including the valuation we give, is solely at our discretion.

12.4 We will give you a valuation for the Part Exchange Car when you place your Order. You must provide true, accurate and up-to-date information to us about the Part Exchange Car.

12.5 The Part Exchange Car will be inspected on Delivery or Collection to ensure the information provided when you placed your Order was true and accurate. We will also need to ensure that the Part Exchange Car is roadworthy and has not sustained any damage you have not disclosed to us.

12.6 We may reject a Part Exchange Car at any time, either before or after Delivery or Collection, if ,but not limited to:

12.6.1 you are not legally capable of entering into a binding contract to sell the Part Exchange Car;

12.6.2 you are not the sole owner of the Part Exchange Car (including, if relevant, the electric car battery);

12.6.3 another person has any claim to the Part Exchange Car or there is outstanding finance on the Part Exchange Car which you have not told us about as part of the order process;

12.6.4 you are not named as the registered keeper of the Part Exchange Car on the V5C registration document;

12.6.5 you have owned the Part Exchange Car for less than 90 days;

12.6.6 any information given to us about the Part Exchange Car is not true and accurate;

12.6.7 the Part Exchange Car has sustained damage that is not disclosed to us when you placed the Order;

12.6.8 there is a material discrepancy in the information and documents supplied by you in respect of the Part Exchange Car or a material document is missing, inaccurate or incomplete (for example, the V5C registration document is missing or incomplete);

12.6.9 the Part Exchange Car has any fault which may affect the value of the Part Exchange Car or is not roadworthy;

12.6.10 the Part Exchange Car is not registered in the UK or was not first registered in the UK;

12.6.11 there is a finance marker on the Part Exchange Car or any other issue is identified by a HPI check which you have not told us about as part of the order process;

12.6.12 the Part Exchange Car does not have a valid MOT;

12.6.13 the Part Exchange Car has been in a major accident or has been subject to a total loss claim;

12.6.14 the Part Exchange Car does not bear its legal registration and chassis number;

12.6.15 the Part Exchange Car is an import (that is, it is not a right-hand drive car with UK registration plates or was not first registered in the UK);

12.6.16 the Part Exchange Car has been modified for appearance or performance purposes;

12.6.17 the mileage of the Part Exchange Car is more than 500 miles above the mileage stated in the Order; or

12.6.18 the Part Exchange Car has been used for commercial purposes, private hire, rental, driving tuition, as an emergency services vehicle or by a local authority: or

12.6.19 has any mechanical or electrical fault (including or not limited to problems with steering, transmission, clutch, gearbox, suspension or brakes).

12.7 To use Your Part Exchange Car with outstanding finance to contribute towards the purchase of Your Vehicle:

12.7.1 You must have a settlement letter from Your finance provider that is valid for not less than 7 days after the date of Delivery or Collection of Your Vehicle; and

12.7.2 if the amount of the outstanding finance exceeds our valuation of Your Part Exchange Car, You must pay Us the difference (the “Negative Equity Amount”), or if You are buying with finance, Your Deposit will need to be greater than the Negative Equity Amount.

12.8 We don’t have existing relationships with all vehicle finance providers. So, if Your Part Exchange Car has outstanding finance, we might need Your help contacting your finance provider to clear the outstanding finance on Your Part Exchange Car, both before and after you hand over Your Part Exchange Car to us. You agree to provide any information and assistance that we reasonably request to do this. If your finance provider refuses or otherwise fails to clear the outstanding finance on Your Part Exchange Car, we may require you to make an additional cash payment equal to the outstanding finance amount or to return Your Vehicle to us. We will contact you if this happens.

12.9 We are not responsible for any underpayment or overpayment of the finance agreement in relation to your Part Exchange Car. You must speak to your existing lender with any queries in relation to the existing finance agreement.

12.10 If, for any reason, after you have handed over the Part Exchange Car to us, the amount required to settle the outstanding balance of the finance agreement on the Part Exchange Car is more than the amount you disclosed to us or there are other finance arrangements which mean we have to pay money to another person ("Shortfall Amount"), then you must pay us the Shortfall Amount within 30 days of us requesting that from you.

12.11 If, for any reason, your existing lender does not accept our settlement of the outstanding finance on the Part Exchange Car, then we may ask you to pay us an amount equal to the outstanding balance of the finance to us within 30 days of us requesting that from you.

12.12 For the avoidance of doubt we are entitled to amend any valuation for, or reject, a Part Exchange Car for any reason, including but not limited to circumstances where a Part Exchange Car:

12.12.1 has changed condition since we provided the Part Exchange Car valuation or the condition of the Part Exchange Car does not match the description given by You; or

12.12.2 has a discrepancy in the recorded mileage or the legal registration or chassis number; or

12.12.3 has been in a major accident or is categorised as insurance category C or D, or has been subject to a total loss claim; or

12.12.4 any other issue is identified by an HPI check or car history check on the Part Exchange Car; or

12.12.5 is not Your property to dispose of or You do not have the right to sell it; or

12.12.6 is missing or has an incomplete V5 registration document or such documentation is not in Your name; or

12.12.7 still has a finance marker on it at the point of pickup or the amount of outstanding finance is different from the amount You Subscribed; or

12.12.8 is an imported vehicle (e.g. left-hand drive) or was not first registered in the UK; or

12.12.9 has been used for taxi, private hire, chauffeur or rental purposes, driving tuition or as a police vehicle or used by a local authority; or

12.12.10 does not have a valid MOT or is due for a service in the next 100 miles; or

12.12.11 has any mechanical or electrical fault (including or not limited to problems with steering, transmission, clutch, gearbox, suspension or brakes).

12.13 When handing over a Part Exchange Car to us You must provide:

12.13.1 all sets of keys to the Part Exchange Car;

12.13.2 the V5 registration documentation and, where available, any associated documentation (such as service books, service history, MOT certificates, user manuals etc) for the Part Exchange Car without which we will not accept the Part Exchange Car; and

12.13.3 any accessories there may be such as the locking wheel nut for the alloy wheels, radio fascia, remote controls, SD card and/or charging cables (if you have a plug-in car); and

12.13.4 any extras that we will need such any security codes associated with the Part Exchange Car.

12.14 You must remove any personal possessions from the Part Exchange Car before we collect it. We will not be responsible for any personal items lost once the Part Exchange Car is in our possession.

12.15 You are responsible for removal, deletion or redaction of your personal information contained in the Part Exchange Car prior to handover of the Part Exchange Car, including as follows:

12.15.1 if the Part Exchange Car has a satnav, phone interface or any other device capable of storing data, you will ensure that you have removed all personal data from these devices prior to handing the Part Exchange Car over to us. This includes contacts (names and numbers), previous or favourite destinations in your trip history and default “home” address; and

12.15.2 you will ensure that your name and address are removed or redacted from any service or maintenance records that you hand over with the Part Exchange Car.

12.16 You permit Carsa to transfer from You to Carsa the “registered keeper” title in the V5 documentation for the Part Exchange Car.

12.17 The V5C registration document (which includes your name and address and is an official DVLA document) will remain with the Part Exchange Car until it is sold and re-registered by a new registered keeper or scrapped. Please note that before being re-registered by a new keeper, the Part Exchange Car may be sold to one or more motor traders who will not be obliged to register as the new keeper of the Part Exchange Car and remove your name and address from the V5C registration document. We do not accept any liability in respect of your personal information contained on the V5C registration document.

12.18 In the event that you fail to comply with these hand-over requirements, you agree that we have the right to withdraw any offer to buy the Part Exchange Car with immediate effect and/or to indicate a revised valuation at which we will be prepared to purchase the Part Exchange Car and/or cancel the Order in accordance with section 12.6 and 12.12 of these Terms. If we take the Part Exchange Car at Delivery or Collection and discover later that the Part Exchange Car did not meet the requirements set out in this section 12 we may take action against you to recover the reduction in value of the Part Exchange Car as a result of the Part Exchange Car not meeting the requirements in this section (Recovery Claim).

You will also have to pay to us on demand all reasonable costs and expenses incurred by us in pursuing a Recovery Claim.

12.19 Carsa does not store any Part Exchange Cars. If You exercise Your rights under the 7-Day Exchange Guarantee under section 10 or Your right of cancellation under section 11, or if You exercise Your withdrawal or cancellation rights under section 12, Carsa may not be able to return the Part Exchange Car and will instead refund to You the monetary value of the Part Exchange Car (less any appropriate deductions that Carsa are permitted to make in accordance with sections 11 and 12 and less any deductions and Negative Equity Amount made to settle any outstanding finance on Your Part Exchange Car). The return of the Part Exchange Car will be solely at Carsa’s discretion.

CHERISHED NUMBER PLATE

13.1 Where the Goods have a personalised or cherished number plate, unless stated on the face of the order, the Customer shall not be entitled to assume that such number plate is available with the Goods and the Customer will provide all reasonable assistance to Carsa to facilitate transfer of the registration.

RETENTION OF TITLE

14.1 Notwithstanding delivery, collection and/or 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 Customer until the Total Retail Price has been discharged in full and, in the case of a payment by cheque, the cheque has been cleared.

14.2 Until such time as the property in the Goods passes, the Customer shall keep the Goods properly stored, protected and insured and identified as Carsa property.

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

14.4 The Customer 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 Carsa, but if the Customer does so all monies owing by the Customer to Carsa shall (without prejudice to any other right or remedy of Carsa) forthwith, become due and payable.

CANCELLATION, TERMINATION/SUSPENSION

15.1 Except as provided by law, or under these terms and conditions, no order which has been accepted by Carsa may be cancelled by the Customer except with the agreement in writing of Carsa and on terms that the Customer’s deposit shall be forfeit and further that the Customer shall indemnify Carsa in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by Carsa as a result of cancellation.

15.2 This clause applies if:

15.2.1 the Customer (being a company) makes any voluntary arrangement with its creditors or becomes subject to an administration order or has an administrative receiver appointed or goes into insolvent liquidation or (being a partnership) becomes wound-up or a receiver is appointed or enters into an individual voluntary arrangement; or

15.2.2 the Customer (being an individual) enters into an arrangement, compromise or composition in satisfaction of debts with his creditors or a bankruptcy;

15.2.3 an encumbrancer takes possession of any of the property or assets of the Customer;

15.2.4 Carsa reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer accordingly;

15.2.5 Carsa has reasonable cause to believe that the Customer will be unable to meets its financial obligations in respect of this agreement.

15.2.6 Carsa becomes aware that the Customer is in breach of clause 8;

15.2.7 the Customer is in material breach of any obligations under the contract.

15.3 If this clause applies, without prejudice to any other right or remedy available to Carsa, Carsa shall be entitled to cancel this contract or suspend delivery under this contract and forfeit any deposit paid by the Customer without any liability to the Customer, and if the Goods shall have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.

OUR LIABILITY

16.1 Nothing in these Terms will restrict our liability for death or personal injury resulting from our negligence, fraud or fraudulent misrepresentation or any other liability that cannot be restricted by law, nor will anything in these Terms restrict Your statutory rights. For further information about Your statutory rights, contact Your local authority Trading Standards Department or Citizens Advice Bureau.

16.2 Except in respect of death or personal injury caused by Carsa negligence, or any loss caused by the fraud of Carsa, Carsa shall not be liable to the Customer by reason of any representation, or any implied warranty, condition or other terms, or any duty at common law, or under the express terms of this contract, (whether implied by statute, common law or otherwise) to the fullest extent permitted by law for any:

16.2.1 loss of actual or anticipated profits or revenue;

16.2.2 loss of business or business opportunity;

16.2.3 loss of anticipated savings;

16.2.4 loss of goodwill;

16.2.5 injury to reputation;

16.2.6 loss of or damage to data;

16.2.7 any indirect, special or consequential loss or damage howsoever caused, even if Carsa was advised of the possibility of them in advance; or

16.2.8 any direct or indirect loss or disappointment caused by the cancellation of the contract, which arise out of or in connection with the supply of the Vehicle or their resale by the Customer, except as expressly provided in these terms and conditions;

16.2.9 loss or damage incurred by the Customer as a result of third party claims;

16.3 Nothing in this clause shall operate to restrict or exclude Carsa liability or limit the Customer’s rights in any way that cannot be restricted, excluded or limited by law.

16.4 Other than as set out in section 16.1 above, our maximum aggregate liability to You under or in connection with Your Order, these Terms and the Contract however arising (whether in contract, tort (including but not limited to negligence), misrepresentation or for breach of any duty (including strict liability) or otherwise) will be limited to an amount equal to the retail price of the Vehicle and any additional products purchased as part of Your Order.

16.5 You will reimburse us for all costs, expenses, liabilities and losses that we incur as a result of:

(i) Your use of the Site for any fraudulent or unlawful purposes; and (ii) any third-party claims arising out of or in connection with Your use of the Site or purchase of a Vehicle from the Site.

16.6 You must remove any personal belongings from the Car before pick up or drop off. We will not be responsible for any lost personal belongings once the Car has been returned to our possession.

EVENTS OUTSIDE OUR CONTROL

17.1 We are not in breach of our obligations under Your Order, these Terms or the Contract, and have no liability to You, if we cannot perform any obligation because of an event or circumstance beyond our reasonable control (for example, fire, flood, strikes, riot, disease, pandemic, accident, disruption to utility supplies or networks and systems, civil commotion, acts of terrorism or war, breakdown of equipment, bad weather, acts and omissions of third parties, inability to obtain the Goods from the importer or from the manufacturer and road traffic problems (each an "Event Outside Our Control").

17.2 If an Event Outside Our Control happens and it affects our performance of our obligations:

17.2.1 we will let You know as soon as we reasonably can;

17.2.2 our time to perform the affected obligations is extended for as long as the Event Outside Our Control continues; and –

17.2.3 we will rearrange any affected Delivery, Collection, pickup or drop off dates after the Event Outside Our Control is over.

17.3 However, nothing in this clause shall prevent the Customer from being liable for a failure to raise the Total Retail Price.

PERSONAL DATA

18.1 You can find out how we use your personal data in our Privacy Policy.

COMPLAINTS

If You have a complaint about Carsa, You can contact us as follows:

by post: Carsa Ltd, Unit 7 Barton Park, Chicken Hall Lane, Eastleigh, SO50 6RR; by phone: (Tel: 0300 303 4794); or

by email: customercare@carsa.co.uk

We will aim to get back to You within 48-72 hours.

GENERAL TERMS

20.1 If any of these Terms are held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Terms which will continue to be valid and enforceable to the fullest extent permitted by law.

20.2 We may transfer our rights and obligations under these Terms to another organisation, but this will not affect Your rights or our obligations under these Terms.

20.3 Your Order, these Terms and the Contract constitute the entire agreement and understanding between You and us relating to the subject matter of the same and supersede any prior agreement or understanding between You and us relating to the subject matter of these Terms. You acknowledge that You have not entered into these Terms in reliance on, and shall have no remedies in respect of, any representation or warranty that is not expressly set out in these Terms (other than in respect of any fraudulent misrepresentation).

20.4 These Terms and the Contract do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Terms or the Contract. 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 of action of any person to whom this contract is lawfully assigned.

20.5 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 Customer are not affected by any of these terms and conditions.

20.6 Any waiver by Carsa or Customer of any breach of contract by the other shall be in writing and shall not be construed 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 at any time or for any period any one or more of the conditions shall not be a waiver of them or of the right at any time subsequently to enforce all of them.

20.7 These Terms and the Contract will be governed by English law. This means that any matter or dispute arising out of or in connection with these Terms and the Contract (including non-contractual disputes or claims) will be governed by English law. You may bring legal proceedings in the English courts. If You live in Scotland, You may bring legal proceedings in either the Scottish or the English courts. If You live in Northern Ireland, You may bring legal proceedings in either the Northern Irish or the English courts.

AUTHORITY

21.1 The Customer shall be deemed to be personally liable for the contract even though he shall hold himself out as acting as agent for a principal and despite him having purported to sign the order form overleaf in a representative capacity so that their liability shall be joint and several. The Customer warrants that he has the authority to bind the principal to the contract as agent on its behalf.

Revised June 2024

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