NISSAN RETAIL GROUP UK LIMITED
OFF PREMISES TERMS AND CONDITIONS
1. THESE TERMS
These are the terms and conditions on which we will supply vehicles to you for contracts created off premises, either via telephone, online or fax.
You should read them carefully and make sure you understand them before you proceed with the order to us (the Contract). These terms tell you who we are, how we will provide the vehicles to you, how you and we may change or end the Contract, what to do if there is a problem and other important information. You should request that any changes to these terms and conditions are made in writing and signed by both of us.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
We are Nissan Retail Group UK Limited a company registered in England and Wales. Our company registration number is 02304689 and our registered office is at Head Office, Nissan London West, Concord Road, Western Avenue, London, W3 0RZ. Our registered VAT number is GB 627084438.
Alternatively you can contact us by writing to the General Manager of the dealership you dealt with. Full postal addresses of all NRG Dealerships can be found on the Nissan Retail Group website.
If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
“Writing”. When we use the words “writing” or “written” in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
Our Contract with you shall arise on the day when we write to you to confirm that we have accepted your order, at which point a contract will come into existence between you and us. We will provide confirmation of the Contract by providing you with a copy of the order form that we have agreed with you via email or post following your confirmation.
If we are unable to accept your order, we will inform you of this in writing and will not charge you for the vehicle. This might be because the vehicle is no longer available, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the vehicle or because we are unable to meet a delivery deadline you have specified.
We will assign an order number to your order which shall be set out in your order form. It will help us if you can tell us the order number whenever you contact us about your order.
Our brochure and marketing material is solely for the promotion of the vehicles in the UK. Unfortunately, we do not accept orders from or deliver to addresses outside the UK.
If you are buying a vehicle as a Consumer, you are entitled to additional rights by law (including under the Consumer Rights Act 2015, Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and otherwise) relating to the satisfactory quality and fitness for purpose of the vehicle. Nothing in these terms and conditions will affect those rights.
If you have any doubts about your rights, you should seek advice from your local trading standards office.
4. THE DESCRIPTION OF THE VEHICLES
All samples, drawings, descriptive matter, specifications and advertising issued by us and any descriptions or illustrations contained in our catalogues or brochures are issued or published for the sole purpose of giving you an idea of the vehicle described in them and are for illustrative purposes only. We have made every effort to be as accurate as possible in providing you with a description of the vehicle. However, your vehicle may vary slightly; for example, we cannot guarantee that a device’s display of the colours or the printed pictures in our brochure accurately reflects the colour of the vehicle.
If you are ordering a new vehicle with specific options, you are responsible for ensuring that those specific options are correct on the order form.
5. BATTERY PACK
In respect of electric vehicles, if the battery pack is leased it will always remain the property of the lessor its successors or assignee.
6. YOUR RIGHTS TO MAKE CHANGES
Prior to us delivering the vehicle, if you wish to make changes to your order or to the vehicle please contact us. We will let you know if the change is possible or if we will do it. If it is possible and we agree to make the changes, we will let you know about any changes to the price of the vehicle, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the Contract.
If, however, you wish to change the specifications of a new or used vehicle with specific options and we agree to carry out the work that you have requested and we have already started the work, you will need to pay us any costs we reasonably incurred with regard to that vehicle.
7. OUR RIGHTS TO MAKE CHANGES
We may make any changes to your order and/or to the vehicle:
(a) to reflect changes in relevant laws and regulatory requirements; and/or
(b) to implement minor technical adjustments and improvements, for example to address a safety risk.
8. PROVIDING THE VEHICLE
The costs of delivery of the vehicle will be as told to you during the order process and will be set out on the order form.
Prior to us accepting your order, we shall notify you of the estimated delivery date. We shall agree an estimated delivery date with you before we complete the order process. If you have a delivery deadline you must notify us of this prior to us accepting your order. The delivery date shall be set out in your order form.
We will deliver the vehicle to you on the delivery date set out in your order form, subject to payment being made in accordance with the order form and these terms.
Where we cannot meet the delivery date, we will contact you to arrange an alternative delivery date. If delivery is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event.
If you have asked to collect the vehicle from one of our dealership locations, you can collect the vehicle from us at any time during our working hours.
If you have asked that we deliver the vehicle to you, if you are not available at the given address to take delivery of the vehicle, we will leave a note informing you of how to rearrange delivery or collect the vehicle from one of our dealership locations.
If you do not collect the vehicle as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect the vehicle from the agreed location we will contact you for further instructions and may charge you for storage costs and any further delivery costs and/or may end the Contract.
We will not be responsible for providing the vehicle late if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
9. YOUR LEGAL RIGHTS IF WE DELIVER LATE (CONSUMER ONLY)
If you are a consumer you have legal rights if we deliver the vehicle late. If we miss the delivery deadline for the vehicle then you may treat the Contract as at an end straight away if any of the following apply:
(a) we have refused to deliver the vehicle; or
(b) delivery by the delivery deadline was essential (taking into account all the relevant circumstances and provided you told us before we accepted your order that delivery by the delivery deadline was essential).
If you are a consumer and if you do not wish to treat the Contract as at an end straight away, or do not have the right to do so as a result of the above, you can give us a new deadline for delivery, which must be reasonable, and you can treat the Contract as at an end if we do not meet the new deadline.
If you are a consumer and if you do choose to treat the Contract as at an end for late delivery, you can cancel your order or reject any vehicle that has been delivered. After that we will refund any sums you have paid to us for the cancelled order and the delivery.
10. FAILURE TO TAKE DELIVERY
If you fail to take delivery of the vehicle within 14 days of the date that we have notified you that the vehicle is ready for delivery and you have not re-arranged the delivery date, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection by 7 days we shall have the right to cancel the Contract.
If we cancel the Contract, we will write and tell you. We will then try to find another buyer for the vehicle. We will be entitled to retain any monies you have paid us until we have found a buyer. We will then refund any monies you have paid us less all reasonable losses and costs we suffer as a result of your failure to take delivery of the vehicle. If our reasonable losses and costs are in excess of any monies you have paid us, you will be required to pay us the balance.
11. EVENTS OUTSIDE OUR CONTROL
We reserve the right to defer the date of delivery or to cancel the Contract (without liability to you) if we are prevented from or delayed in the carrying on of our business due to circumstances beyond our reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either yours or our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of 30 days, you shall be entitled to give us written notice to cancel the Contract.
12. PART EXCHANGE
If you offer us a vehicle in part exchange, then the following further conditions will apply:
(a) you must own that vehicle or have the ability to acquire it and its accessories and no other party must have any interest in them;
(b) in respect of an electric vehicle with a leased battery pack you must ensure that you have properly notified the lessor of the part exchange;
(c) that vehicle must be delivered to us in the same condition as it was seen when we examined it and accepted your order (normal wear and tear excepted) and with all the accessories and attachments as initially described ; and
(d) that vehicle must be delivered to us before or at the same time as the vehicle which you are purchasing from us is collected or the vehicle is delivered to you, with the vehicle’s registration document, at which time ownership will pass from you to us.
Failure to meet any of the above conditions will mean that we will not have to take delivery of your vehicle nor credit you the agreed amount and you will be required to pay the full amount of the purchase price of the vehicle you are buying from us
We reserve the right to cancel the Contract if your part-exchange vehicle is not delivered through no fault of our own.
13. RESPONSIBILITY FOR THE VEHICLE
The vehicle will be your responsibility from the time we deliver the vehicle to the address [you gave us] or you collect it from us.
The vehicle will not belong to you until we have received payment for the purchase price in full.
If you are given delivery of the vehicle prior to us receiving the payment of the purchase price in full, for whatever reason, then until the payment for the purchase price is received by us in full, the following further conditions will apply:
(a) the vehicle will still be owned by us;
(b) you must keep the vehicle comprehensively insured for the purchase price on our behalf against all risks to our reasonable satisfaction and on request produce the policy of insurance to us;
(c) you must maintain the vehicle in satisfactory condition;
(d) you will be responsible for any damage to or loss of the vehicle and shall hold the vehicle as our bailee;
(e) you must return the vehicle to us if requested and if you fail to return the vehicle, we shall be entitled to take legal proceedings to recover the vehicle or the purchase price and we will be entitled to enter into your premises to recover the vehicle;
(f) you shall not destroy, deface or obscure any identifying mark or packaging on or relating to the vehicle;
(g) your right to possession of the vehicle shall terminate immediately if (a) you have a bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (if you are a company) convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed over you or any part of your assets, or documents are filed with the court for the appointment of an administrator for you or notice of intention to appoint an administrator is given by you or your directors or by a qualifying floating charge holder, or any proceedings are commenced relating to your insolvency or possible insolvency; (b) you suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you, or fail to observe or perform any of your obligations under this Contract or any other contract between us, or are unable to pay your debts or cease to trade; or (c) you encumber or in any way charge any of the vehicle;
(h) we shall be entitled to recover payment for the vehicle not withstanding that ownership of the vehicle has not passed from us;
(i) you grant us, our agents and employees an irrevocable license at any time to enter the premises where the vehicle is or may be stored in order to inspect it or, where your right to possession has terminated, to recover it.
On termination of the Contract, howsoever caused, our rights contained in this clause shall remain in effect and your rights set out in the Consumer Rights Act 2015 shall remain in effect.
15. NEW VEHICLES
Where you purchase a new vehicle from us, the following further conditions will apply:
We will undertake any pre-delivery work specified by the manufacturer before the vehicle is delivered to you; and
We will undertake to obtain for you the benefit of any warranties or guarantees provided by the manufacturer.
16. USED VEHICLES
Where you purchase a used vehicle from us, the following further conditions will apply:
The price of your used vehicle will reflect its age, condition and mileage.
You will be given an opportunity to inspect it before taking delivery and to satisfy yourself that it is in accordance with the Contract. You will not be treated as having accepted the vehicle until you have physically inspected it. We may bring to your notice any defects in the vehicle of which we are aware before you sign the Contract. You agree to accept the vehicle with those defects.
16.3 You are entitled to return the vehicle within a reasonable period of delivery if it is not in accordance with the Contract. You should report any defect to us at the first practical opportunity (other than those notified to you during the inspection), otherwise you will be deemed to have accepted the vehicle in that condition.
17. REPLACEMENT VEHICLE
Unless any warranty or guarantee (whether ours or the manufacturer) which you receive with your vehicle expressly entitles you to a replacement vehicle, we are not under any obligation to provide you with an alternative vehicle while any work is carried out under any warranty or guarantee.
18. YOUR RIGHTS TO END THE CONTRACT
You may contact us to end your Contract at any time before we have delivered the vehicle and you have paid for it, but in some circumstances we may charge you for doing this, as described below and as set out in these terms and conditions, and/or may deduct from that refund reasonable compensation for the net costs we will incur as a result of your ending the Contract. This does not affect your rights where the vehicle is faulty.
If you are ending the Contract for a reason set out below, the Contract will end immediately and we will refund you in full for any vehicle which has not been provided or has not been provided properly and you may also be entitled to further compensation. The reasons are:
(a) we have told you about an upcoming material change to the vehicle (other than those referred to above in our right to make changes) which you do not agree to;
(b) we have told you about a material error in the price or description of the vehicle you have ordered and you do not wish to proceed;
(c) you notified us before we accepted your order that delivery by the delivery deadline was essential, and there is a risk that the delivery of the vehicle may be significantly delayed and we cannot agree a revised delivery date because of events outside our control;
(d) you have a legal right to end the Contract if we are in breach of any terms
If you are a consumer, you have a legal right to change your mind within 14 days from the date of delivery of the vehicle and receive a refund.
19. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
To end the Contract with us, please let us know by contacting the Sales Manager at the dealership with whom you have been dealing.
If you end the Contract for any reason after the vehicle has been delivered to you, you must return the vehicle and all accompanying documentation and accessories (wheel locks, etc) to us. You must either return the vehicle to a dealership location agreed with us or arrange a time and location for us to collect it.
You must return the vehicle to us along with all accompanying documentation and accessories (wheel locks, etc) in the same condition as it was delivered to you, subject to fair wear and tear and without having exceeded reasonable mileage for testing purposes. If you are exercising your right to change your mind you must return the vehicle to us within 14 days of telling us you wish to end the Contract.
We will pay the costs of return if the vehicle is faulty. In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
We will refund you the price you paid for the vehicle including the initial delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below and as set out in this terms and conditions, such as any additional costs incurred for rearranging delivery.
19.6 If you are exercising your right to change your mind:
(a) We may reduce your refund of the purchase price (excluding delivery costs) of the vehicle to reflect any reduction in the value of the vehicle, [beyond that arising from fair wear and tear]. If we refund you the price paid before we are able to inspect the vehicle and later discover you have handled it in an unacceptable way, you must pay us an appropriate amount to restore the vehicle to the condition it was in when delivered to you, subject to fair wear and tear.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
(c) a “reasonable mileage for testing purpose” is the lower of 50 miles for each day from the date of delivery until returned, or 500 miles.
If you are exercising your right to change your mind after the vehicle has been delivered then your refund will be made within 14 days from the day on which we receive the vehicle back from you.
If you end the Contract with us before the vehicle has been delivered to you, we will refund any advance payment you have made for the vehicle as soon as possible, and the vehicle will not be provided to you.
20. OUR RIGHTS TO END THE CONTRACT
We may end the Contract at any time by writing to you if you do not make any payment to us when it is due and you still do not make payment within  days of us reminding you that payment is due.
If we end the Contract for the above reason we will refund any money you have paid in advance for the vehicle which we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the Contract.
21. IF THERE IS A PROBLEM WITH THE VEHICLE
If you have any complaints in relation to the vehicle you have purchased you can contact the Sales Manager at the dealership with whom you have been dealing.
We are under a legal duty to supply a vehicle that is in conformity with the Contract. Nothing in these terms will affect your legal rights.
If you wish to exercise your legal rights to reject a vehicle you must contact the Sales Manager at the dealership with whom you have been dealing to agree a time and location for delivery or collection.
You may also have rights under any manufacturer’s warranty to cover the costs of any repairs. Your warranty could be invalidated if you take the vehicle to a non-authorised repairer, you should contact the manufacturer before taking the vehicle to a non-authorised repairer.
You will not have a right to the remedies for any defects arising from normal wear and tear, wilful damage, negligence by you, or any third party, use of the vehicle other than as recommended by us or the vehicle’s manufacturer, failure to follow our or the vehicle’s manufacturer’s instructions or any relevant alteration carried out without our approval.
22. PRICE AND PAYMENT
Unless we agree otherwise in writing, the purchase price for the vehicle exclusive of taxes and any other costs shall be as set out in the order form or as otherwise notified to you in writing.
The purchase price for the vehicle shall, unless otherwise agreed, be inclusive of any value added tax and all costs or charges in relation to loading, unloading, carriage.
If the rate of VAT changes between your order date and the date we supply the vehicle, we will adjust the rate of VAT that you pay, unless you have already paid for the vehicle (including delivery costs) in full before the change in the rate of VAT takes effect.
For new vehicles, if the actual cost of the vehicle licence or any equivalent is greater than the sum set out in the order form, you will have to pay us the increased sum to obtain the licence for you.
If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may terminate the Contract, refund you any sums you have paid and require you to return the vehicle at our expense.
Unless we agree otherwise in writing, full payment of the purchase price for the vehicle is due in pounds sterling prior to the delivery date.
You can pay by TT, BACS, Debit Card (fee payable), Credit Card (fee payable) or cheque. You cannot pay by cash.
Time for payment shall be of the essence and no payment shall be deemed to have been received by us until we have cleared funds.
23. THIRD PARTY FINANCE
If the purchase price is to be financed by a finance company, you must obtain our prior consent].
24. EXTENT OF OUR LIABILITY
Nothing in these terms and conditions will exclude or limit our liability for death or personal injury caused by our acts or omissions or for fraud or fraudulent misrepresentation.
25. CONSUMER TRANSACTIONS
If you are buying this vehicle as a Consumer, then we will be responsible for the loss or damage you suffer, which is a foreseeable result of us breaking the Contract. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process. We are not responsible for any loss or damage which is not foreseeable.
If you are a Consumer and use the vehicle for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Nothing in these terms and conditions will affect the statutory rights of a Consumer.
26. NON CONSUMER TRANSACTIONS
If you are purchasing the vehicle other than as a Consumer, then the following further conditions shall apply:
You will be entitled to the benefit of any express warranty or guarantee agreed in writing at the time of the Contract. Any such warranty or guarantee will be in substitution for your statutory rights and all other warranties, conditions and other terms implied by statutory common law (save for conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract;
We will not be liable to you for any loss of profit, loss of opportunity, loss of business, depletion of goodwill or loss of use, whether this arises as a direct, indirect or consequential loss nor for any consequential compensation whatsoever; and
You acknowledge that you have not entered into the Contract on the basis of any statements made by our employees or agents which have not been reduced to writing and signed by both parties.
27. HOW WE MAY USE YOUR PERSONAL INFORMATION
We will use the personal information you provide to us:
(a) to supply the vehicle to you;
(b) to process your payment for the vehicle;
(c) to share with any company within our group companies; and
(d) if you agreed to this during the order process, to inform you about similar products and services that we provide, but you may stop receiving these communications at any time by contacting us.
We will only give your personal information to parties outside our group companies where the law either requires or allows us to do so.
28. OTHER IMPORTANT TERMS
We may transfer our rights and obligations under the Contract to another organisation. We will contact you to let you know if we plan to do this. This will not affect your rights or our obligations under this Contract.
You may only transfer your rights or your obligations under the Contract to another person if we agree in writing. We may not agree if the transfer substantiality affect our rights or obligations under the Contract. The Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
Each of the paragraphs of the Contract 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.
If we fail to insist that you perform any of your obligations under this Contract, 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.
The Contract is governed by English Law. This means that the Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation will be governed by English law. We both agree to the exclusive jurisdiction of England and Wales. However, if you live in Scotland you can bring legal proceedings in respect of the vehicle in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the vehicle in either the Northern Ireland or the English courts.