Terms & Conditions
Our Terms of Business
1. The Contract
1.1 The following clauses constitute the entire express terms of the contract for the sale of a motor vehicle and any warranty by Driven Car Sales, the 'Seller' to the 'Buyer' named on the purchase invoice, at the agreed total price and part-exchange allowance indicated.
1.2 No variation shall be made to the terms without the agreement of both parties and the written and signed variation of a representative of the seller.
1.3 Nothing in this contract shall limit the statutory rights of a consumer.
1.4 The contract is formed when accepted by the Seller by the sending of an Order Confirmation Email to the Buyer.
2. Reservation Fee, Deposits, Final Balance, Additional Fees & Payment Methods
2.1 Reserving a Vehicle for a Test Drive
2.1.1 Payment of £99 will reserve a vehicle for a period of upto 72 hours.
2.1.2 During the reservation period of 72 hours, the Seller will not be entitled to sell the vehicle to another purchaser.
2.1.3 Acceptance of the Reservation Fee does not indicate acceptance by the Seller to sell or otherwise supply the vehicle.
2.1.4 Reservation of a vehicle does not commit a viewer to purchase the vehicle.
2.1.5 The Seller shall at all times be entitled to retain the £99 reservation fee where the person reserving the vehicle fails to inspect the vehicle within the 72 hours or no subsequent sale arises.
2.1.6 Where a person reserving a vehicle then goes on to purchase that vehicle, they shall be entitled to receive a credit of £99 towards the total amount payable for the car purchased.
2.1.7 Any refund or transfer of the reservation fee for any other reason is at the sole discretion of the Seller.
2.2 Sales Deposits
2.2.1 A non-refundable deposit of an amount specified and/or agreed at time of purchase is required to purchase any vehicle and must be paid to the Seller at the time the agreement is made.
2.2.2 The Seller shall be entitled to retain this deposit in its entirety if the Buyer fails to complete the purchase of that specific vehicle except where expressly agreed in writing by the Seller.
2.2.3 Clause 2.2.2. shall not apply where the delay of the final payment is the result of the Seller not being able to make the vehicle available or where it cannot be delivered to the Buyer by the original date agreed.
2.3 Final Payments
2.3.1 Once an agreement to supply a vehicle has been made (see 1.4), the Buyer shall pay all remaining sums to the Seller before the agreed delivery date.
2.3.2 Any vehicle agreed to be supplied remains the property of the Seller, the Buyer will not be entitled to collect the vehicle until full payment has been received and cleared.
2.3.3 In the event that the vehicle is supplied by Hire Purchase or Conditional Sale, then it will not be released until the total price is received by the Seller, including receipt of cleared funds from the said finance company.
2.4 Additional Fees
2.4.1 An Administration Fee of £99 is payable by the Buyer in addition to the agreed price of any vehicle and provides the following:
- A comprehensive multi-point inspection & up to a 10 mile road test
- 3 Month Warranty
- 3 years free MOT tests at our dealership.
- Full HPI history & mileage check.
- Vehicle preparation plus service if due
3. Part-Exchange
3.1 The allowance agreed for any part-exchange is subject to the condition that when the vehicle is delivered to the Seller, it shall be delivered in the same condition as when originally examined, subject only to fair wear and tear.
3.1.1 The vehicle to be part-exchanged must be the Buyer's property absolutely and not subject to any hire purchase or other legal encumbrance whatsoever; or
3.1.2 If it is subject to such a finance agreement, it must be capable of early settlement by the Seller and the allowance given shall be reduced by the amount required for such settlement.
4. Warranty
4.1 In addition to any unexpired portion of the manufacturer's warranty (if any), an extended warranty is available to purchase.
4.2 Additional warranties may be purchased for 6, 12, or 24 months.
4.3 You can find details of the costs and what is included in our warranties on our website or call for more information.
5 Distance and Off Premises Contracts
IMPORTANT: If you are buying online or have telephoned us and subsequently agreed to buy a car from us without ever having visited us and spoken face to-face, you have entered into a Distance Sales Contract. The following shall then apply and you should read it carefully as it relates to your rights to change your mind and cancel your order.
5.1 The contract is formed at the time when we send you our Order Acceptance email.
5.2 You have the legal right to cancel the contract for a limited time without giving any reason but we would welcome your feedback as it helps us to improve.
5.3 Your right to cancel ends 14 calendar days starting the day after the date on which we deliver the car to you.
5.4 To cancel, you must inform us of your wishes either by post or in an e-mail. You may use the attached Model Cancellation Form, but you do not have to.
5.5 In order to meet the 14 day cancellation deadline, emails are deemed to arrive when sent and letters when posted. You do not have to return the actual vehicle by this date. See point 6.14 below about when goods must be returned to us.
5.6 To be able to demonstrate that you have told us you wish to cancel in time, we would recommend that you retain any e-mails sent to us, keep a copy of any letter and ask the Post Office for proof of posting.
5.7 To cancel a ""Distance Sales Contract' and for any other matters, please contact us at: [email protected]
5.8 If you cancel this contract, we will refund the full purchase price of the vehicle minus any damage or excess mileage over and above what we would allow for a test drive.
5.9 We may make a deduction from your refund where the vehicle has been devalued or you have handled it in a way which goes beyond that which might reasonably be allowed if you viewed the vehicle on our premises.
5.10 We would usually allow a test drive of no more than 10 miles and we therefore reserve the right to make a deduction of up to £0.85 per mile for mileage travelled where it is in excess of this amount, regardless of whether this may or may not have subsequently reduced the value of the vehicle.
5.11 We will make repayments without undue delay, and not later than:
a) 14 days after the day we receive the vehicle from you, or
b) ( if earlier) 14 days after the day you provided evidence that you have returned the vehicle (e.g. by handing it to a vehicle delivery company), or
If the vehicle has not yet been sent to you, 14 days after the day which we were informed about your decision to cancel this contract.
5.12 We shall withhold the repayment until we have received the vehicle and all documentation including V5 back and have completed an inspection.
5.13 We will make the repayment using the same means of payment as you used for the initial purchase, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the repayment.
5.14 You shall send back the vehicle or hand it over to us or without undue delay and in any event, not later than 14 days from the day in which you communicate your cancellation from this contract to us. The deadline is met if you send back the vehicle before the period of 14 days has expired. [return to point 5.5]
6. Defective Goods
6.1 We are under a legal duty to supply you with a car that is as described and of reasonably satisfactory quality commensurate with its age, mileage and the price paid for it.
6.2 Where goods have a serious fault or have been mis-described, then you have a short-term right to reject them for a refund or ask us to repair or replace goods if you prefer.
6.3 Once you request a repair or replacement, you must allow us a reasonable time to do so and may not change your mind and opt for one of the alternatives.
6.4 The right to reject is lost after 30 calendar days beginning on the day after you received the goods.
6.5 If you request a repair or replacement in the first 30 days, the '30 day clock stops' and recommences once you have received your repaired goods or replacement. You will have the balance of the 30 days (with a minimum of 7 days) to reject them for a refund if they remain unsatisfactory and no attempt or agreement has been reached to instigate such a repair.
6.6 After 30 days, you have the right to ask us for a free repair. However, should the car have a reported fault after 30 days, it is the responsibility of the consumer to prove that the fault was present at the point of sale. An independent inspector may be used for this purpose, such as a SCOTIA Vehicle Assessment and all parties will agree to follow the advice contained in such a report.
6.7 If after an agreed repair, goods remain faulty, then you may keep them and get something off the price, or under certain circumstances, you can reject them. Where goods are rejected more than 30 days from collection or delivery, a deduction will be made for the use you have had of them which includes a charge of £0.85 per mile plus repairs for any damage sustained to the vehicle .
6.8 Refunds will be made within 14 days of agreeing goods are faulty using the same method of payment as used by you when ordering unless otherwise agreed. A mileage deduction of up to £0.85 per mile will be levied against the final refund total.
6.9 Where requested in the instance of a possible rejection of a car, you shall send back the vehicle or hand it over to us or without undue delay and in any event, not later than 14 days from the day in which you communicate your cancellation from this contract to us. We will then inspect the car and if serious faults are discovered, 6.8 above will come into play.
7. Complaints Procedure / Who We Are
7.1 What can you do if you wish to complain about our services or contact us?
If you wish to make a complaint, please contact us:
- by writing to us at Complaints, Driven Car Sales, 1 Middleway, Thornaby, TS17 6BZ
- by emailing [email protected]
- by telephoning 01642601999
Driven Car Sales Limited will respond within 4 weeks and, if you feel the matter has not been resolved to your satisfaction after that time has elapsed, please contact the Financial Ombudsman Service ('FOS' - www.financial-ombudsman.org.uk).
Please note that FOS may not be able to deal with complaints from business customers.
7.2 Who are we?
Driven Car Sales Ltd, a dealership acting as a credit broker in arranging finance for vehicle transactions
Our address is: 1 Middleway Thornaby TS17 6BZ. Registered in England. Company registration no. 07109711. Telephone: 01642601999
7.3 Are we authorised to arrange finance for you?
Yes, we are authorised and regulated for credit-broking activities by the Financial Conduct Authority ('FCA'). We are not a lender. Our FCA Firm Reference Number is 1017774. For more information, please visit the FCA website at: https://register.fca.org.uk/. Please note that business customers may not be protected under the Consumer Credit Act 1974 or FCA rules.
7.4 What can we do to help finance your vehicle?
We can introduce you (whether direct or through a specialist credit broker) to a number of finance companies ('funders') who may be able to finance your transaction. There are other funders to which we cannot introduce you which may also be able to offer you finance.
We will provide you with information and explanations about the finance products that may be available to you and, where we recommend a product to you, we will ensure that this is based on the information you give us about your needs and circumstances so that it is suitable for you. Finance is arranged subject to status and terms and conditions. We cannot guarantee that we will be able to secure finance for you.
7.5 Can we give independent financial advice?
We are not independent financial advisers and so are unable to provide you with independent financial advice. There are also other sources of finance which you may wish to investigate. You must decide whether the finance product you choose is right for you.
7.6 Do you have to pay for our service or do we receive any commission?
You dont have to pay us for our service, but a funder or broker we work with may pay us for introducing you to them. Different funders/brokers may pay us different amounts but it will typically be based on a fixed percentage of the amount borrowed. This percentage may vary according to different factors, for example: the amount of credit; the age or type of vehicle; the type of finance product; or the funders assessment of the risk of lending. For your reassurance, we are not able to change the interest rate you pay in order to receive more commission from a particular broker or funder. Although rates and commissions may vary between our finance partners, our aim is always to secure finance from them which is appropriate to your circumstances. If we are successful in obtaining an offer of finance for you and you would like to know the amount (or likely amount) we would receive if you decided to go ahead with the agreement and how that amount has been calculated, please contact us using the details above.
7.7 How will we use your information?
We will use your information to obtain quotes from funders and brokers to process finance applications through them and we and/or they may also conduct a search of your record held with one or more credit reference agencies. Credit checks may as a result appear on your credit file lodged by organisations with whom you have not dealt directly. The personal information collected will also be shared with fraud prevention agencies who will use it to prevent fraud and money laundering and to verify your identity. If fraud is detected you could be refused certain services, finance or employment.
7.8 What can you do if you wish to complain about our services or contact us?
If you wish to make a complaint, please contact us:
- by writing to us at Complaints, Driven Car Sales, 1 Middleway, Thornaby, TS17 6BZ
- by emailing [email protected] or
- by telephoning 01642 601999
If, after making a complaint to us you are still unhappy and feel the matter has not been resolved to your satisfaction, please contact the Financial Ombudsman Service ('FOS' - www.financial-ombudsman.org.uk). Please note that FOS may not be able to deal with complaints from business customers.
8. Miscellaneous Other Terms
8.1 The Rights of Third Parties Act 1999 is expressly excluded.
8.2 Each clause shall operate separately. Should a relevant authority decide that any of these terms are unlawful, the other terms shall remain in force.
8.3 If we do not immediately insist that you do anything you are required to so under these terms, or if we delay in taking steps against you in respect of you breaking this contract, this does not mean that you do not have to do those things or prevent us taking steps against you at a later date.
8.4 The law of England and Wales shall apply to this contract.
8.5 We will collect, store and handle your personal information in accordance with our Data Protection Policy which can be read on our website www.drivencarsales.co.uk
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HOW TO TELL US YOU WANT TO CANCEL
To cancel, you need to tell us by making a clear statement in writing. By law, we must provide you with a Model Cancellation Form which you can use if you want to. Just copy the form below into an email, fill in the details and email it to us, or just simply write to us or email at the address shown giving your details and the details of your order as indicated.
Model Cancellation Form
To Driven car sales, 1 Middlesway, Thornaby, TS176 BZ
Email [email protected]
I hereby give notice that I cancel my contract for the sale of the of the following goods:
Ordered on/received on *......................................................... /....................................................... / .........................................................Invoice Number/ _ _ _ _ _
Name of consumer..............................................................................................................
Address of consumer..............................................................................................................
..............................................................................................................
Signature of consumer..............................................................................................................
Date....................................................... / ....................................................... / .......................................................
*delete as applicable
Your Rights Where Goods Are Faulty
We do everything we can to make sure our vehicles are prepared to a high mechanical standard and are accurately described. However, if there is an issue with your vehicle, please tell us as soon as possible so we can help resolve the matter to your satisfaction.
The Consumer Rights Act 2015
Where goods have a serious fault or have been mis-described, you have a short-term right to reject them (30 days) for a refund or ask us to repair or replace goods if you prefer.
Once you request a repair or replacement, you must allow us a reasonable time to do so and may not change your mind and opt for one of the alternatives.
The right to reject is lost after 30 calendar days beginning on the day after you received the goods.
If you request a repair or replacement in the first 30 days, the '30 day clock stops' and recommences once you have received your repaired goods or replacement. You will have the balance of the 30 days (with a minimum of 7 days) to reject them for a full refund if they are still not satisfactory.
After 30 days, your rights are to ask us for a free repair. However, should the car have a reported fault after 30 days, it is the responsibility of the consumer to prove that the fault was present at the point of sale. An independent inspector may be used for this purpose, such as a SCOTIA Vehicle Assessment and all parties will agree to follow the advice contained in such a report.
If after an agreed repair, goods remain faulty, then you may keep them and get something off the price, or under certain circumstances, you can reject them. Where goods are rejected more than 30 days from collection or delivery, a deduction can be made for the use you have had of them.
Refunds will be made within 14 days of agreeing goods are faulty using the same method of payment as used when ordering unless otherwise agreed.
If you wish to make a complaint, please contact us in the first instance by writing to us at Customer Support , Driven Car Sales, 1 middleway, Thornaby TS17 6BZ, or by emailing
You have the right to refer any unresolved complaint to the Financial Ombudsman Service, South Quay Plaza,183 Marsh Wall, London, E14 9SR.
Web: www.financial-ombudsman.org.uk
Telephone: 020 7964 1000
Fax: 020 7964 1001
Email: [email protected]