If you are purchasing as a consumer, nothing in these terms and conditions will reduce your statutory rights relating to faulty and misdescribed goods provided. If you have any doubts about your statutory rights please contact your local Trading Standard Department or Citizen Advice Bureau.
1. Orders and any allowance in respect of used motor vehicles offered in part exchange by you is subject to acceptance by us.
2. The motor vehicle is sold as roadworthy, or subject to any defects notified by us to you and accepted by you, at the date of delivery and if any fault occurs you have the right to rely on your statutory rights. If you have any doubts about your statutory rights under the Sale of Goods Act 1079 or otherwise, please contact your local Trading Standards Department or Citizens Advice Bureau.
3. Any accessories fitted or supplied by us (Dealer fitted) will be entitled to the benefit of any warranty given by the manufacturer of those accessories.
4. a) We will try to ensure delivery of the goods ("goods" in these Terms and Conditions is defined as our sales to you) by the estimated delivery date. Except where the delay is caused by circumstances beyond our control, you will be entitled to cancel the contract and receive repayment of your deposit if delivery has not taken place within 28 days of the estimated delivery date unless you have agreed otherwise, orally or in writing to accept late delivery. Where delay is caused by circumstances beyond our control we will not be liable for any damages related to the delay and in these circumstances, we will contact you and agree on an alternative date for delivery or you may cancel the contract, in which case any deposit paid by you shall be returned in full.
b) If the Manufacturer of the goods described in the contract stops making the goods of that type, we may (whether the estimated delivery date has arrived or not) give you written notice to cancel the contract. Any deposit you have paid to us will be returned to you.
5. If you fail to take and pay for the goods within 21 days of notification that the goods are available for delivery, we may treat the contract as canceled and keep any deposit paid by you.
6. The goods shall remain our property until the price has been paid in full. Where payment is made by cheque the goods will remain our property until the cheque has cleared. The proceeds of any goods re-sold by you prior to the cheque having been cleared are to be held by you in trust for us. The risk in the goods passes to you when you take delivery.
7. Of the goods to be supplied by us are new, the following provisions shall have effect:
a) We undertake to ensure that the pre-delivery work (factory fitted) specified by the Manufacturer or Importer is carried out and that we will use our best endeavors to obtain for you from the Manufacturer or Importer the benefit of any warranty or guarantee given by them to us. These warranties or guarantees are in addition to and not in replacement of any warranties or guarantees given to you by us.
b) No allowance can be made for any part of the standard equipment supplied with the motor vehicle which you do not wish to take.
c) If, after the date of this order and before delivery of the goods to you, the Manufacturer's or Importer's recommended price for any of the goods is changed, we shall give notice of any change to you and:
i) If the Manufacturer's or Importer's recommended price for the goods is increased you will be notified of the amount of the increase we intend to pass on to you. You have the right to cancel the contract within 14 days of receipt of this notification. If you do not cancel the contract the increase in price shall. become the contracted price.
ii) If the recommended price is reduced you will be notified of the amount of the reduction we intend to pass on to you. If the amount passed on to you is not the same s the reduction of the recommended price you have the right to cancel the contract within 14 days of the receipt of this notification. If you do not cancel the contract the reduced price will be the contract price.
d) If you cancel the contract because of a price change notified by us to you, any deposit which you have paid to us will be returned to you.
8. When we accept a used motor vehicle as part of the payment you agree that
a) (i) you are the legal owner and
(ii) no outstanding credit is owed on it. If there is an outstanding credit the amount of money we give you will be reduced by the equivalent of the amount of the outstanding credit.
b) Our acceptance of your offer in relation to the part payment is only valid if your used motor vehicle is delivered in the same condition as when we examined it.
c) You must deliver your used motor vehicle to us on or before the day you collect your goods from us. From the day you deliver it to us, we are the legal owners.
d) We will write to you and tell you that your goods are ready for collection. You must deliver your used motor vehicle to us within 14 days.
The rights of cancellation set out in this clause are in addition to your rights of cancellation as contained in clause 4a). If delivery of your goods is delayed through no fault of ours we may deduct an amount for extra depreciation of your used motor vehicle ("the Extra Depreciation"). The Extra Depreciation will not exceed 2,5% of the agreed value of your used motor vehicles for each complete 30-day period. The time begins 30 days after the estimated delivery date and ends on delivery of your used motor vehicle to us. We will notify you of the amount of Extra Depreciation that we propose to deduct from the value of your used motor vehicle (if any). You will then have the right to cancel the contract within 14 days of receipt of this notification. If you cancel the contract, any deposit you have paid to us will be returned to you. If you do not cancel the contract, the value of your used motor vehicles will be reduced by the amount of Extra Depreciation and there will be a corresponding increase in the amount which you will be required to pay, at your option, in cash or through finance (subject to the approval of the finance company).
If conditions 8a) to d) are not met, we will not accept your used motor vehicle and you will pay the full price for your goods.
9. Any correspondence to you will be sent by normal post rather than registered delivery, to the address you have given Overleaf.
10. If you arrange for a finance company to purchase the goods from us, and if you have offered and we have accepted your used motor vehicle as part-payment, we sha;; tell the finance company how much money has been agreed by us to be deducted from the price of the purchased goods for the used vehicle and what deposit you have been paid to us.
11. Should either you or we not strictly enforce any obligation under this agreement at any time, this will not prevent that obligation from being enforced at a later date.
Cancellation under the Distance Selling Regulations
12. If you have ordered and taken delivery of your motor vehicle without visiting our showroom and you are not buying the car in the course of your trade or business, the following cancellation clause applies:
a) You have 14 days to get to know the motor vehicle and to make sure it suits you. If you change your mind just let us know in writing by post or email to reach us by 6 pm on the 14th day following delivery and we will come and collect the vehicle for a refund.
b) We cannot accept a return of the car if it has been damaged, modified or altered from the condition it was delivered in.
c) An excess mileage charge of £1 per mile for any mileage over 150 miles in those 14 days will apply. If you do change your mind, you cannot use the car once you have notified us - but you must still tax and insure the vehicle until it is collected.
This cancellation (change of mind) clause does not affect any separate rights given to you in The Consumer Rights Act 2015 of the Sale of Goods Act 1979 (as amended).
Distance Selling Addendum
12.1. If, and only if, the Customer has acted as a Consumer, where this Agreement has been completed away from our business premises and/or without any face-to-face contact between us and you; or anyone acting on your or our respective behalf, you may give notice to cancel this Agreement within 14 days without giving any reason.
12.2 This cancellation period will expire 14 days after the day on which you, or a third party on your behalf takes delivery or otherwise acquires physical possession of the motor vehicle. To exercise this right to cancel you must inform us of your decision to cancel this Agreement in writing by a clear statement (e.g. a letter sent by post, fax, or email).
12.3. To meet the cancellation deadline, it is sufficient for you to send your communication confirming your exercise of the right to cancel before the cancellation period has expired.
12.4. If you cancel this Agreement, we will reimburse you all payments received from you under this Agreement, without undue delay, and not later than
a) 14 days after the day on which we received the motor vehicle back: or
b) (if earlier) 14 days after the day you provide evidence that you have returned the motor vehicle: or
c) if there were no motor vehicles supplied, 14 days after the day on which we are informed about your decision to cancel the Agreement.
12.5. We will make the reimbursement using the same means of payment as you have used for the initial transaction unless you have expressly agreed otherwise, but in any event, you will not incur any fees as a result.
12.6. We may withhold reimbursement until we have received the motor vehicle back or you have sent evidence of having sent back the motor vehicle to us, whichever is the earliest. You should send back the motor vehicle is the earliest. You should send back the motor vehicle or deliver it back to us, without undue delay and in any event no later than 14 days after the day on which you communicated your cancellation of this Agreement to us.
12.7. This deadline is met if you send back the motor vehicle before the period of 14 days has expired. We will require that you bear the cost of returning the motor vehicle to us.
12.8. You must take reasonable care of the motor vehicle whilst they are in your possession. You will be responsible for any loss or damage from when they are delivered to you until when they are returned to us.
12.9. You are liable for any diminished value of the motor vehicle resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the motor vehicle.
Our website uses cookies to enhance your browsing experience and provide personalized services. Cookies are small text files stored on your device that help us understand how you interact with our site, remember your preferences, and improve overall functionality. We use both session and persistent cookies for various purposes, including analytics and targeted advertising. By continuing to use our website, you consent to the use of cookies. You can manage your cookie preferences through your browser settings. condition.
Copyright © 2025 Barkers Cars - All Rights Reserved.