TERMS AND CONDITIONS
DEFINITIONS
1.1 In these conditions:
“Booking Fee” means the fee that we shall charge and inform you of after carrying out the Services which relate to the appointment made for the Work to be carried out. Such fee shall be payable by either debit or credit card;
“Conditions” means the standard terms and conditions of sale set out below, including any special terms and conditions agreed in writing by us;
“Consumer” means any natural person who is acting for purposes which are outside his trade, business or profession;
“Contract” means any contract for Services made between you and us;
“Dealer” means a motor vehicle dealer (or associated company, partner or entity) that will carry out the Work;
“Services” means identifying and informing you of the most cost effective fixed quotation (within our database) for the service or repair of your motor vehicle;
“Regulations” means the Consumer Protection (Distance Selling) Regulations 2000;
“we” means Route 324 Limited (with a Company number 06296429 and a principal office at 104 Longford Lane, Longlevens, Gloucester, GL2 9EU and “us” and “our” shall be construed accordingly;
“Work” any repair, maintenance, services or work whatsoever which is carried out to your motor vehicle by the Dealer;
“you” means the customer seeking to purchase the Services from us and “your” shall be construed accordingly;
1.2 The headings in these Conditions are for convenience only and shall not affect their interpretation.
1.3 references to any statute or statutory provision include a reference to that statutory provision as from time to time amended, extended or re-enacted.
1.4 The singular includes the plural and vice versa and any gender includes any other gender.
2. THE CONTRACT
These Conditions (and any special conditions which we may agree with you in writing) shall apply to all Contracts between us for the supply of Services, to the exclusion of all others.Any information or details submitted by you shall constitute an offer to acquire our Services.
We shall confirm acceptance of your offer in writing/by e-mail and receipt of this consent will be deemed the point at which a contract is entered into and becomes legally binding.
Each offer you place which is accepted by us under these Conditions shall constitute a separate Contract.
3. ORDERS AND SPECIFICATIONS
3.1 You shall be fully responsible for the accuracy and completeness of all details and information provided to enable us to undertake the Services. We shall not be liable for any error or inaccuracy in performing or resulting from the Services, or any increase in price (in accordance with Condition 4.1 below) where you have supplied us with incorrect information.
3.2 We shall ask all prudent questions necessary for us to perform the Services (including but not limited to make, model and age of your vehicle) but shall be reliant on you to inform us of any other relevant information which may assist us, in particular any damage to or specific problems with the motor vehicle.
PRICE
Upon carrying out the Services, we shall inform you (in writing/by e-mail) of the price which the Dealer has provided to us for the Work. We shall use all reasonable endeavours to provide you with a fixed price, however, for the avoidance of doubt, this shall not include:
the costs of any additional work which the Dealer may recommend after the Work has been carried out; or any revised price given upon inspection of the vehicle by the Dealer, where the details (supplied by you) upon which the price was provided, are incorrect or inaccurate.
We obtain both fixed and bespoke prices for Work from the Dealers and whilst we try to ensure that all prices in our literature or on our website are accurate errors may occur or the price may change for reasons beyond our control.
At the time you confirm to us that you wish to proceed with the Work, at the price given, you shall pay us the Booking Fee.
If we discover an error or need to increase the price for the Work which you have requested, we will inform you as soon as possible and give you the option of either reconfirming your appointment for the Work at the correct price or cancelling it. Where appropriate we shall notify you of any increase in the Booking Fee. If we are unable to contact you, we will treat your order as cancelled or where you decide to cancel your order and have already paid the Booking Fee, we will give you a full refund.
5. AGREEMENT WITH DEALER
Upon receipt of your confirmation in accordance with Condition 4.3, we shall liaise with you and the Dealer to arrange a mutually convenient date for an appointment for the Work to be carried out.
For the avoidance of doubt, the Contract between us shall expire (save where terminated earlier and notwithstanding any obligations which survive termination) upon securing the appointment for the Work with the Dealer. At that point, you shall enter into a separate contract directly with the Dealer under which the Work shall be carried out and we shall cease to have any obligations, liability or contractual relationship with you.
We shall confirm the date of the appointment to you in writing along with the contact details of the Dealer, however, in the event that you need to re-arrange the appointment, for whatever reason, it shall be your responsibility to liaise directly with the Dealer to make a new appointment. If you wish to cancel the appointment, we shall treat such cancellation on the terms set out in Condition 4.4 above.
WARRANTY AND LIABILITY
6.1 We warrant that:
6.1.1 the Services shall be provided with reasonable care and skill;
6.1.2 all personal details and data received from you shall be held and processed in accordance with the Data Protection Act 1998
6.2 As we have no control over the Work carried out by the Dealer, we make no warranties or representations in respect of it and as such, we shall not be liable for any Work carried out by the Dealer whatsoever.
6.3 Save as provided elsewhere, our liability for death or personal injury caused by our negligence shall be unlimited and in respect of all other loss or damage which you may suffer or incur in connection with the supply of Services under this Contract, our liability shall be limited to;
6.3.1 that caused by a natural and reasonably foreseeable consequence for which we are at fault or negligent; and
6.3.2 to an amount no more then the Booking Fee.
The provisions of this Condition 6 shall survive termination of the Contract and any exclusion from and limitations of liability shall be considered separately and individually from one another.
CANCELLATION RIGHTS
Where you enter into this contract with us as a Consumer, you will be entitled to the rights provided under the Regulations. For further advice on your legal and statutory rights we recommend that you seek advice from the Citizen’s Advice Bureau.
Subject to Condition 7.3 below, in the event that you wish to cancel the Contract with us for the Services you must notify us in writing (including e-mail) of your intention to do so within seven working days from the day after the date that the Contract is concluded as defined in Condition 3.2 and prior to the Services commencing.
Notwithstanding Condition 7.2 above, you acknowledge and agree that we are permitted to commence the Services at any time from the date on which the Contract is concluded and accordingly, your right to cancel the Contract shall cease from the time we commence the Services, if sooner.
GENERAL
You warrant that you are authorised to enter into this Contract with us and are over 18 years of age.
Neither party shall be liable to the other or deemed to be in breach of Contract by reason of delay or failure to perform any of their obligations if the delay or failure to due to act cause beyond that party’s reasonable control.
These Conditions do not purport to confer a benefit on any third party.
Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to the other party and delivered to the address provided at the time the order is confirmed or any subsequent or alternative address which one party may notify to the other from time to time.
Where we do not take action against you for any breach of the Contract, we shall not be prevented from taking action against you in respect of any subsequent breach of the same or any other provision.
Where any competent authority deems any Condition to be invalid or unenforceable in whole or in part, then the offending part shall be removed and the validity of the remainder of the Condition shall not be affected.
The Contract and these Conditions shall be governed by the laws of England, and you agree to submit to the non-exclusive jurisdiction of the English courts.