TERMS AND CONDITIONS FOR THE SALE OF USED CARS

When you place an order with us, Revilo Retail t/a Aura Automotive, you do so subject to these terms and conditions.

1. PLACING AN ORDER

1.1 By requesting an order form or making a reservation you are making an offer to purchase a vehicle. We will contact you to confirm we have received the offer and will provide you with an order form. We only accept orders once we have checked them and have received a signed order form from you. We will contact you to confirm we have accepted your order. No contract exists until we accept your order form.
1.2 Sometimes we reject orders, for example, because a vehicle is no longer available, because you have requested we deliver the vehicle to an area we do not deliver to or because the vehicle was mispriced by us. When this happens, we will let you know as soon as possible and we will refund any sums you have paid us but will not have any other liability to you.
1.3 Where we agree to a part exchange transaction, in accordance with condition 5 below, then we may have to reject your order where the vehicle we initially agreed to take in exchange for part of the purchase price is not in the condition expected. Where we do so will refund any sums you have paid us but will not have any other liability to you.

2. TEST DRIVING

2.1 We may agree to let you test drive a vehicle (although we are not obliged to). Where we agree to allow you to test the drive the vehicle this will be subject to certain rules and restrictions that will be explained to you by a member of our team, who will also accompany you on the drive. Prior to any agreed test drives you must give us evidence of a valid driving licence.
3. RESERVING A VEHICLE
3.1 It may be possible, at our discretion, for you to reserve a vehicle while you make an enquiry and we check your order. You can do this by paying a stipulated reservation fee, which may vary depending on the relevant vehicle.
3.2 When we agree to take a reservation, we will take payment of the reservation fee and upon reciept of the payment monies from you we will remove the vehicle from sale for 3 days. During this period you will have the exclusive right to enter into an agreement with us to purchase the vehicle you have reserved.
3.3 If we do not enter into an agreement for you to purchase the vehicle during the reservation period, either because you have decided not to proceed or because we have not accepted your order, then we will refund you the reservation fee in full and make the vehicle available for purchase by the public again.
3.4 The reservation fee is not a deposit, and does not oblige us or you to complete the sale of a vehicle. However, if we do enter into an agreement for the sale of a vehicle we will retain the reservation fee as part payment towards the purchase price of the vehicle you are purchasing.

4. PAYMENT TERMS

4.1 You must pay us a deposit in the amount we have stated whenyou return your order form to us. A further payment of of the balance must then be paid before we deliver the vehicle.
4.2 In all circumstances, payment must be made in full in cleared funds prior to the delivery of the vehicle.
4.3 Where you have chosen to pay for your vehicle using an approved third-party financer then such finance will be subject to the third party’s terms and conditions.
4.4 We will retain full ownership and title in the vehicle you wish to purchase until we have received full payment for the vehicle in cleared funds. You will not be able to take possession of the vehicle until we have received full payment in cleared funds for it.
4.5 If we’re unable to collect any payment you owe us then (as well as any other right we may have) we will charge interest on the overdue amount at the rate of 4% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us the interest together with any overdue amount.
4.6 We can cancel the contract if you do not pay us the balance of the purchase price within 2 days from our notifying you that delivery is ready to take place. If payment is not received by this date then we will treat the contract as cancelled. Where this happens you must pay us any charges or costs we have incurred as a result of your breach of contract. We may use any monies you have paid us to satisfy these costs or charges and you must pay any outstanding amount. We will return to you any amount to you that we do not use to satisfy costs or charges caused by your breach

5. PART EXCHANGE YOUR VEHICLE

5.1 We may at our discretion agree to part of the purchase price of the vehicle being discharged by you selling us a different vehicle in part exchange for the vehicle you wish to purchase. Where this is the case the value of the vehicle to be exchanged by you will be taken off of the purchase price of the vehicle we are supplying.
5.2 We will conditionally agree the value of the vehicle you are offering in part exchange based on the description you give us or on an initial inspection. When you give us a description or when we inspect you must disclose all modifications to or defects in the vehicle (including whether it has ever been involved in an accident). Any initial valuation we give may be subject to a more detailed appraisal by us to confirm the value. Following any detailed appraisal we may revise the value of the part exchange vehicle (and you will need to pay us any difference to make up the purchase price as a result) OR we may decline to accept the part exchange vehicle ( in which case you will need to pay the entire purchase price to us in cleared funds if you wish to proceed with the purchase).
5.3 You must deliver the vehicle you are offering in part exchange (together with its keys and logbook and evidence of ownership) to us in the same condition as it was when you described it or when we carried out our inspection (allowing for fair wear and tear which may have occurred in the meantime).
5.4 If there is any variation in condition, service history or mileage to that previously seen or described (allowing for reasonable additional mileage incurred in delivery of the vehicle) we may either adjust the price offered for the part exchange to take into account such variations (and you will need to pay us any difference to make up the purchase price as a result) OR we may decline to accept the part exchange vehicle in which case you will need to pay the entire purchase price to us in cleared funds if you wish to proceed with the purchase.
5.5 You must deliver the part exchange vehicle to us by the time we agree and in any event before you collect the vehicle you wish to purchase. If you do not deliver the part exchange vehicle to us by the expected date then we may revalue the agreed price offered taking into account market conditions OR we may decline to accept the vehicle in part exchange in which case you will need to pay the entire purchase price to us in cleared funds if you wish to proceed with the purchase.
5.6 By offering the vehicle in part exchange you confirm:
(a) that you own the vehicle you are offering in part exchange absolutely and will transfer full and unencumbered ownership to us on delivery;
(b) that you will provide us with evidence of your ownership of the vehicle; and/or
(c) that if someone else has an interest in the part exchange vehicle, you will settle that interest in full so that we become the absolute owners when we take delivery. However, if you wish us to clear that interest for you by paying the finance provider a sum of money, then you must give us full evidence of the amount to be discharged. We may agree to do this at our option and where we agree to do so the allowance for the part exchange goods will be reduced by the amount paid to settle the interest. Where any interest in the vehicle has been settled, by you or us, then confirmation must be provided of settlement and the relevant ownership checks must show the vehicle clear of the interest, prior to us taking delivery of the vehicle.
5.7 The vehicle to be taken in part exchange must be delivered to us on the day you are expected to take delivery of the vehicle you have ordered. However, you will not be able to take delivery of the vehicle you have ordered until we have carried out any inspections necessary in relation to the appraisal as noted earlier in this condition 4. If you do not deliver the part exchange vehicle at or by the time the vehicle you have ordered is ready for delivery, you may not be able to take the vehicle you have ordered
5.8 Risk in and title to the vehicle you offer in part exchange will pass to us on delivery of that vehicle.
5.9 If you fail to satisfy any of the obligations in this condition 4 we will be discharged of any obligation to purchase the part exchange vehicle and we will either give you the option to pay the whole purchase price in cash or cancel the order.

6. WE PASS ON INCREASES IN TAXES

6.1 If the rate of VAT, road fund licence or car tax changes between your order date and the date we supply the vehicle, we will adjust the payment price in line with the adjustment to the tax, unless you have already paid in full before the change in the rate takes effect.

7. WE ARE NOT RESPONSIBLE FOR DELAYS OUTSIDE OUR CONTROL

7.1 If our supply of your vehicle is delayed by an event outside our control, including (without limitation) the collapse of buildings, fire, explosion or accident, epidemic or pandemic, failure of supply of services, or non-performance by our suppliers or subcontractors, we will try to contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won’t compensate you for the delay, but if the delay is likely to be substantial you can contact our Customer Service Team: in writing at info@auraautomotive.co.uk to end the contract and receive a refund for any vehicles you have paid for, but not received.
7.2 If a vehicle you have ordered is no longer available due to an event outside of our control (for example, a theft has occurred) we will offer you the option to purchase a replacement vehicle, which may be subject to a variation to the purchase price. If you do not wish to purchase the replacement vehicle you can cancel the contract and we will refund any monies you have already paid but will not have any other liability to you.

8. DELIVERY

8.1 Delivery will take place at our dealership unless otherwise agreed. If we agree to deliver the vehicle to another location this location will be set out in the order confirmation and additional costs will be incurred. If we agree to deliver to a location within mainland UK this will be subject to a delivery charge at a rate of £2 per mile. We may decline to deliver the vehicle to a location outside of mainland UK but where we do agree to do this it will be subject to additional costs which we will inform you of prior to confirming your order. If the order is subject to a finance arrangement, then we will make the delivery to the order of the finance company.
8.2 Risk in the vehicle shall pass to you on delivery which means that you will need to make sure it is fully insured in line with legal requirements from its delivery.
8.3 Any estimated delivery date is an estimate only. Time of delivery is not of the essence. We will try to deliver the vehicle by the estimated delivery date but shall not be liable for any loss, damage or delay occasioned by failure to deliver on the estimated delivery date.
8.4 If you fail to accept delivery within 3 days of our making the vehicle available at the relevant delivery location then we reserve the right to charge such fees as are reasonably incurred by us in the storage/re-delivery of the vehicle. If you fail to accept delivery within 5 days then we will be able to treat the contract as cancelled. Where you fail to accept delivery of the vehicle at the time we stipulate you must pay us any charges or costs we incur as a result of your failure to accept delivery (in particular storage costs). We may use any monies you have paid us to satisfy these costs or charges and you must pay any outstanding amount to us whether or not we cancel the contract. Where we opt to cancel the contract we will return to you any amount that we do not use to satisfy costs or charges caused by your breach but will not have any other liability to you.

9. CANCELLATION BY YOU

9.1 If you have ordered the vehicle online or over the telephone and you decide that the vehicle is not right for you, you can return it and get your money back within the first 14 days from delivery taking place. We will refund you the monies 14 days from the vehicle being returned.
9.2 If you purchased the vehicle using a part exchange vehicle then we may not be able to return the vehicle that you provided for the part exchange but we will refund you the balance of the value that was agreed for the part exchange.
9.3 This is subject to the following conditions;
(a) you must return the vehicle (along with all the items that came with the vehicle including accessories, keys, the logbook and other books) to the dealership; OR
(b) you can request for us to collect the vehicle from you. If we are collecting the vehicle you must make the vehicle available for collection along with all the items that came with the vehicle including accessories, keys, the logbook and other books. Where we do collect the vehicle, this will be subject to a collection fee of £2 per mile;
(c) any mileage over 50 miles during the time the vehicle is in your control will be subject to reasonable charges;
(d) you must keep the vehicle in the same condition as it was when you picked it up. Fair wear and tear is expected, but any new damage caused whilst the vehicle is in your care will be subject to reasonable deductions to any refund due; and
(e) you must fulfil all your legal responsibilities as the owner of the vehicle – including paying taxes, purchasing insurance and paying any fines you incur whilst driving the vehicle. You must pay for the tax and insurance of the vehicle while it was in your control.
9.4 This cancellation right only applies where you ordered the vehicle oline or by telephone. If you purchased the vehicle on site then you do not have a right to return it to us as set out above in this clause 8, so please ensure that the vehicle is right for you before you place your order.
9.5 How to let us know. To let us know you want to change your mind, contact our Customer Service Team in writing at info@auraautomotive.co.uk.

10. YOU HAVE RIGHTS IF THERE IS SOMETHING WRONG WITH YOUR VEHICLE

10.1 If you think there is something wrong with your vehicle, you must either bring it into our dealership or contact our Customer Service Team: in writing at info@auraautomotive.co.uk. We honour our legal duty to provide you with vehicles that are as described to you on our website and that meet all the requirements imposed by law.
10.2 All vehicles are used and as such they are sold:
(a) subject to any defects which we have drawn to your attention prior to your placing the order;
(b) subject to any defects which you discovered or ought to have discovered upon examining the vehicle prior to placing the order, which we will give you the opportunity to do at our dealership; and
(c) and subject to fair wear and tear for a car of its age.
10.3 Please note: there may be some minor differences between a vehicle from the advertisement such as the vehicle’s true colour may not exactly match that shown on your device or additional mileage incurred as a result of test drives and delivery. Minor differences such as these are not a breach of our obligations to you and do not give you any right to cancel your contract or to seek compensation from us .
10.4 The vehicle will be subject to a warranty in addition to your legal rights. The warranty that applies will be as follows:
(a) if the vehicle is within its manufacturer’s warranty period, then the vehicle will be sold with the benefit of that warranty, subject to the manufacturer’s conditions; or
(b) where the remaining warranty period on the manufacturer’s warranty is less than 6 months, we will purchase additional warranty cover to ensure your warranty is at least 6 months. This will be purchased from a third-party provider and will be subject to their terms, which we will provide to you.
10.5 We will also provide you with the option to purchase an extended warranty through a third-party supplier, subject to that third party’s conditions.

11. WE DON’T COMPENSATE YOU FOR ALL LOSSES CAUSED BY US OR OUR VEHICLES

11.1 Our total liability to you for claims arising from the sale of a vehicle shall not exceed the purchase price of that vehicle.
11.2 We are responsible for losses you suffer caused by us breaking this contract unless the loss is:
(a) Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it.
(b) Caused by a delaying event outside our control. As long as we have followed the steps in condition 6 ‘We are not responsible for delays outside our control’.
(c) Avoidable. Something you could have avoided by taking reasonable action, including following our reasonable instructions for use.
(d) A business loss. It relates to your use of a vehicle for the purposes of your trade, business, craft or profession.

12. WE USE YOUR PERSONAL DATA AS SET OUT IN OUR PRIVACY NOTICE

12.1 How we use any personal data you give us is set out in our Privacy Notice: https://www.auraautomotive.co.uk/privacy-policy/.

13. YOU HAVE SEVERAL OPTIONS FOR RESOLVING DISPUTES WITH US

13.1 Our complaints policy. Our Customer Service Team: which you can contact at info@auraautomotive.co.uk or 0161 418 0099 will do their best to resolve any problems you have with us or our vehicles as per our Complaints policy which will be provided to you with the initial paperwork you received when purchasing a vehicle.
13.2 Resolving disputes without going to court. Alternative dispute resolution is an optional process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. You can submit a complaint to The Motor Ombudsman through their website at www.themotorombudsman.org or in writing to The Motor Ombudsman Ltd, 71 Great Peter Street, London, SW1P 2BN. The Motor Ombudsman does not charge you for making a complaint and if you’re not satisfied with the outcome you can still go to court.
13.3 You can go to court. These terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.

14. OTHER IMPORTANT TERMS APPLY TO OUR CONTRACT

14.1 We can transfer our contract with you, so that a different organisation is responsible for supplying your vehicle. We’ll contact you to let you know if we plan to do this. If you’re unhappy with the transfer you can contact our Customer Service Team: in writing at info@auraautomotive.co.uk to end the contract within 14 days of us telling you about it and we will refund you any payments you’ve made in advance for vehicles not provided.
14.2 Our contract is with you and you cannot transfer it to anyone else unless we specifically agree to this. We do not have to agree to a transfer – for example we may not agree if the person you wish to transfer the contract does not pass a credit check and we may also require additional payments, evidence relating to the transferee and conditions if we do consent.
14.3 Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
14.4 If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
14.5 Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you’re not allowed to, but that doesn’t mean we can’t do it later.
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I acknowledge and agree to these terms and conditions:

Full Name: …………………………………………………………

Signed: …………………………………………………………

Dated: …………………………………………………………