Terms and Conditions
Below is information about Autograph Contracts Ltd, who We are and Our Terms and conditions. These Terms and conditions apply to any contract with Autograph Contracts for the use and duration of Our services. Please read the Terms and conditions and make sure that you fully understand them before proceeding with an Order for any service or vehicle listed on Our site. By proceeding with an Order, you are agreeing to be bound by these Terms.
These Terms will be changed time to time as mentioned in Clause 5. Consequently, before placing an Order with Autograph, check the Terms and understand them as they will apply at the time. These terms were last updated on 15/12/16.
A copy of these Terms should be printed and accessible on our site at all times for future reference.
Please note that vehicle listed as Contract Hire vehicles only apply for business users only and for any further information about Contract Hire and other finance types available, please speak to a member of Our staff and they will be more than happy to help you on 01634 687070.
1.1 The following words are used in these terms and with capital letters, they mean the following:
Cancellation Period: defined in Clause 9.2;
CAP: a third party company (CAP Automotive Limited) used by us to deliver current information on the Vehicles. CAPs registered office is at Capital House, Bond Court, Leeds LS1 5EZ.
Credit Check: a search in which personal information provided by you may be passed on to credit reference agencies to find whether you are applicable for the finance prior to placing an Order;
Documentation Fee: the fee that is charged by Us for Our Service rendered and paid at the time of Order;
Event Outside Our Control: defined in clause 18;
Finance Agreement: you may be presented to a range of different finance providers prior to the Order and on completion of the Credit Check to enter into an agreement with a finance provider in order to purchase, hire or lease the Vehicle chosen in your Order. We may receive commission payment from these finance providers;
Initial Payment: the finance provider which charge a payable rental which will be collected either by us or the finance house and is clearly shown in the Order and/or Finance Agreement;
Manufacturer: is the name of manufacturer of the Vehicle;
Order: An order of a vehicle from the Autograph Contracts Ltdâ€™s website is an expression of interest by you to obtain the vehicle ordered at a price similar to that advertised;
Our Site: the images, applets, scripts, text and graphics which form the Autograph Contracts website are operated by us and registered under the domain name: www.autographcontracts.co.uk;
Services: to locate, source or identify the Vehicle for the price stated on your Order, the relevant Credit Check completion, the arrangement of a Finance Agreement (if needed) and to arrange delivery of the Vehicles from the necessary dealer or otherwise discussed to you;
Terms: these terms and condition on which We supply the Services to you;
VAT: Value Added Tax as provided for in the Value Added Tax Act 1994;
Vehicle(s): is the vehicle and/or vehicles that meet the description and specification as displayed on Our Site and creates your Order to Us; and
We/Our/Us: Autograph Contracts Limited
1.2 Unless the context states otherwise requires, words in the singular shall include the plural and words in plural shall include the singular.
2. Our Vehicles
2.1 The images of any Vehicle on Autograph Contracts Site are for illustrative purpose only. Although every effort has been made to display the colours accurately, We cannot guarantee that your computerâ€™s display of the colours accurately reflect the colour of the Vehicles.
2.2 Please note that the individual specifications of the Vehicles displayed on Autograph Contracts Sites have been supplied by CAP. Although we have made every effort to correctly display accurate information supplied by CAP, such displays should only be used as a guide when you Order from Autograph Contractâ€™s site. Please check with Autograph or the relevant Manufacturer as to the individual specifications for the Vehicles.
2.3 We will not be liable for any loss or costs sustained or incurred by you from the use of, or reliance upon, information that may be contained on Our Site from time to time.
2.4 After the delivery of the Vehicles, you will be responsible for keeping the Vehicles correctly maintained and serviced in agreeance with the Manufacturerâ€™s guidelines and the terms of the Finance Agreement.
3. Use of our Site
The use of Autograph Contractâ€™s site is governed by Our Terms of Website use and Website Acceptance Use Policy. Please take the time to read these terms as they may include important information relevant to you.
4. If you are a Personal User customer
4.1 If you are a consumer, you may only place an Order for Vehicles from Autograph Contractâ€™s site if you are as least 18 years old and a resident within the United Kingdom
4.2 The prices stated on Autograph Contractâ€™s site may be either inclusive or exclusive of VAT. Please note that as a consumer, you will be liable to pay VAT.
5. If you are a Business User customer
5.1 If you are a business user, you confirm that you have authority to bind any business on whose behalf you use Autograph Contractâ€™s Site to place an Order for Vehicles.
5.2 The prices stated on Autograph Contractâ€™s site will be exclusive of VAT.
5.3 These terms, any Order, Order Confirmation and any agreed changes to the Order, constitutes the entire agreement between you and Autograph Contracts and surpasses and extinguishes all previous agreements, promises, assurances, warranties, representations and understanding between Autograph Contracts, either written or oral, relating to its subject matter.
6. How the contract is formed between you and us
6.1 Autograph Contractâ€™s Site or sales executives will help you through the steps you need to take to place an Order with Us. The process allows you to check and change any errors before finalising your Order to Us.
6.2 After you place an Order, you will receive an e-mail from Us recognising that We have received your Order and that your Order will be processed. However, please note that this does not mean that your Order has been accepted or that a contract has been formed in any way to supply you with the Vehicle.
6.3 Prior to any contract being made pursuant to clause 6.5, should you realise that there has been a mistake after placing an Order or simply wish to cancel, please let Us know as soon as possible and no later than 48 hours after submitting your Order.
6.4 For a contract to be formed with Us to carry out the Services, Autograph Contracts acceptance of your Order will take place as described in clause 6.5.
6.5 The contract between Autograph Contracts will only be formed once you have provided all necessary information to process your Order, requested the Services to be carried out, paid the Documentation Fee, Deposit and/or Initial Payment (as applicable) and you have received Our acceptance of your Order by e-mail (Order Confirmation). It is at this stage that We will begin to carry out the Services.
6.6 Once the Vehicle has been located and chosen, the details of your Order will be communicated to Our range of finance providers and you will need to enter into a separate Finance Agreement with them or enter into your own finance arrangement to lease, hire, or otherwise financed the Vehicle from the relevant dealer supplying the Vehicle.
6.7 Please note that you may be responsible to pay the Documentation Fee, Deposit and Initial Payment at the time of your Order or at such time as required by Us.
6.8 We reserve the right to charge you the Documentation Fee and/or Deposit (or a reasonable proportion) when we have commenced performing the Services and you fail to enter into a Finance Agreement or having entered into a finance, you decide to not proceed with the order.
6.9 If you are a private user and you cancel the contract for these Services within the 14 day Cancellation Period, you may still be liable to pay the Documentation Fee and/or Deposit (or a reasonable proportion). We mention to you to clause 9.4 and 9.6(a) for further details.
6.10 In the event that We are unable to locate any Vehicles stated on the Order Confirmation at the price stated, or after We have begun to perform the Services, We will inform you of this by e-mail and will not proceed any further, unless further instructed. In these circumstances, We will refund the full amount of the Documentation Fee, Deposit and Initial Payment to you as soon as reasonably practicable and in any event within 10 working days.
6.11 You shall indemnify Us and hold Us harmless against all liabilities, reasonable and properly incurred costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses and all interest, penalties and legal costs and all other professional costs and expenses) suffered or incurred by Us once the Vehicle has been sourced and/or any claim or demand made against Us by a third party (including but not limited to a finance provider) arising out of or in connection with the provision of the Services to the extent that such claim arises out of the cancellation of this agreement and/or any Finance Agreement by you. The recoverable costs under this indemnity may include (but not exclusively):
(a) preparation costs;
(b) transport costs;
(c) storage costs;
(d) vehicle registration costs;
(e) delivery costs; and
(f) any other costs ancillary to the provision of the Services.
7. Your Obligations
7.1 You shall:
(a) co-operate with Autograph Contracts in all and any matters relating to the Services; and
(b) provide Us with such information that We may reasonably require to perform the Services.
8. Our right to vary these terms
8.1 We change these Terms from time to time. Please check the top of this page to see when these Terms were last updated.
8.2 Every time you place an Order, the Terms that apply at the time of your Order will apply to the contract between you and Us.
8.3 We may revise and alter these Terms as they apply to your Order from time to time to reflect the changes in relevant laws and regulatory requirements.
8.4 If We have to revise these Terms that apply to your Order, We will contact you to give you reasonable advance notice of the changes and make you aware on how to cancel the Contract if you are not happy with the changes. If you decide to cancel the Contract, you may be liable to pay for the Services in full or in part, and your attention is drawn to clause 9.
9. Your Consumer Rights of Cancelation and Refund
This clause 9 only applies if you are a private user.
9.1 If you are a private user, you have a legal right to cancel the contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the Cancellation Period as set out in clause 9.2, where you are a consumer within the definition of those Regulations. This means that during the Cancellation Period, if you change your decision or decide for any other reason that you do not want to carry out the Services, you can notify Autograph Contracts of your decision to cancel the contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
9.2 Your legal right to cancel a contract starts from the date you receive the Order Confirmation. Your deadline for cancelling the contract is the end of 14 days after the day you received the Order Confirmation (Cancellation Period). For example: if you place your Order on 1 January and We send you and Order Confirmation on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.
9.3 To cancel a contract, you just need to let Us know that you have decided to cancel. The easiest way to do this is to email email@example.com.
9.4 If you cancel your contract, We will refund the Documentation Fee, Deposit, Initial Payment or any other monies received from you. However, please note that We are permitted by law to charge a reasonable fee for the Services in situations where you have requested the Services to be performed in accordance with clause 9.6(a) or 9.6(b) during the cancellation period and will deduct such reasonable fee from the monies held which can be up to the full amount of the documentation fee, deposit, initial payment or any other monies received from you. Such fee shall be:
(i) in proportion to what Services have been supplied, in comparison with the full coverage of our contract.
(ii) calculated on the foundation of the total price agreed in the contract for our Services or, if the total price is excessive, on the foundation of the market value of the service that has been supplied, calculated by comparing prices for equivalent services supplied by other suppliers.
9.5 Because you are a consumer, We are under a legal duty to supply the Services in a way that conform with these Terms. As a consumer, you have legal rights in relation to Services that are provided not as described. These legal rights are not affected by your right of return and refund in this clause or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
9.6 However, this cancellation right does not apply where you have:
(a) requested the Services to be performed during the Cancellation Period and you have acknowledged that you will be responsible to pay the Documentation Fee and/or Deposit (or a reasonable proportion) for the Services during the Cancellation Period; or
(b) placed an Order for Vehicles which are made to your individual specifications and are clearly personalised in situations where this has been communicated to you in advance of Us performing the Services.
10. Our rights to cancel
10.1 If We have to cancel before the Services start:
(a) We may have to cancel the contract before carrying out the Services, due to an Event Outside Our Control or the unavailability of key personnel and/or any of the Vehicles without which We cannot provide the Services. We will immediately contact you if this happens.
(b) If We have to cancel the contract under clause 10.1(a) and you have paid a Documentation Fee and Deposit for the Services which have not been carried out to you, We will refund these amounts to you. We will also return the Initial Payment to you (where applicable).
10.2 As soon as We have begun to carry out the Services to you, We may cancel the contract for the Services at any time and for any reason, by providing you with notice in writing. If you have already paid the Documentation Fee, Deposit and/or Initial Payment, We will refund these amounts to you.
10.3 We may cancel the contract to perform the Services at any time with immediate effect by giving you written notice if:
(a) you fail to pay the Documentation Fee, Deposit and/or Initial Payment following Our needs to you as communicated from time to time; or
(b) you break these Terms in any other material way and you do not correct or fix the situation within 7 days of Us asking you to in writing.
11.1 We will provide you with an estimated delivery date for delivery of the Vehicles once this has been received from the relevant dealer supplying the Vehicles or the estimated date provided by the Manufacturer. Please note that time shall not be at the core of your decision and this clause does not constitute any obligation to arrange delivery of any Vehicle by a specified date. Occasionally Our ability to perform the Services may be affected by an Event Outside Our Control. See clause 18 for Our responsibilities when this happens.
12. International Order
12.1 Unfortunately, you will not be able to place an Order from outside the United Kingdom.
13. Price of Vehicles and Delivery Charges
13.1 The prices of the Vehicles will be as quoted on Autograph Contracts Site at the time you submit your Order. We take all reasonable care to ensure that the prices of Vehicles are correct at the time when the relevant information was entered onto the system. However please see clause 13.5 for what happens if we discover an error in the price of any Vehicle ordered.