Definitions - 'We' or 'Us' refers to Ken Jervis Kia as the seller of the goods described on the order confirmation. 'You' refers to the customer as the purchaser of the goods described on the order confirmation. 'Vehicle' refers to the goods being ordered and supplied as detailed on the order confirmation.
1. Your Agreement with us
1.1 These Terms and Conditions describe the rights and responsibilities of you and us in relation to your purchase of a vehicle through this website ("Agreement"). Please read them carefully as they represent a legally binding agreement between you and us (and the finance company if you buy on finance). If you have any concerns or queries you should contact us on Ken Jervis Kia Tel: 01782 202782 prior to placing an order. When you complete and submit the online order form, you accept the terms and conditions set out in this Agreement. If you wish to rely on any amendment or addition to the Agreement, you should ensure it is confirmed in writing by one of our duly authorised representatives. If we agree any variation in the vehicle to be supplied, this shall be deemed to be an amendment to the Agreement rather than a new agreement.
2. Ordering your car
2.1 Please follow the onscreen prompts to place an order. Each order is an offer by you to buy the Vehicle specified in the order (Vehicle) subject to these Terms.
2.2 Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order and any specification submitted by you is complete and accurate.
2.3 After you place an order, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted.
2.4 Our acceptance of your order takes place when we contact you to accept it, at which point the Contract between you and us will come into existence.
2.5 If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the vehicle is out of stock, because a finance application has been rejected, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline.
2.6 Please be aware that vehicles and products may vary slightly from their pictures. The images of the vehicles and products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the vehicle or products and they may vary slightly from those images.
2.7 To place an order you must be aged 18 or over.
3. Payment
3.1 Once you have made your vehicle choice, you can pay a reservation fee to reserve the vehicle. You can part-exchange your existing vehicle and put the money towards the value of your new vehicle.
3.2 We take all reasonable care to ensure that the price of the vehicle advised to you is correct. However please see below for what happens if we discover an error in the price of the vehicle you order.
3.3 At the beginning of the order process, you will be asked to confirm your preferred payment method (PCP, HP, Pay in Full, Reservation Fee). Once you have selected your vehicle, you will then receive a quote based on your preferred payment method (but you can also choose to review quotes for other methods) a member of the team will be in contact to discuss these options further.
3.4 If you decide to reserve a vehicle by paying a reservation fee:
3.4.1. When you click on "Reserve" you will be directed to Stripe to make the payment.
3.4.2 After paying a reservation fee, you will receive an email from us that acknowledges receipt. Please note that this does not mean that your reservation has been accepted. All reservations are subject to acceptance by us, as we need to check that the car has not already been sold or reserved by someone else. We will confirm our acceptance of your reservation by sending you a confirmation email (the "Reservation Confirmation").
3.4.3 Your vehicle will be reserved for up to 1 day. We will be in contact with you to discuss the next steps required to complete your purchase. Please note that if there are any bank holidays which fall during the 1 day following the date your order is placed, these will not be included in the reservation period. In this case, the following clauses apply:
3.4.3 If you would prefer not to use the online process but would still like to purchase a vehicle from us please contact us on 01782 202782.
3.4.4 To complete your purchase, Ken Jervis will require a financial commitment by way of a deposit. This is non-refundable.
4. Delivery
4.1 During the online order process, you will be asked to choose how you would like to receive your vehicle. You will be given the following options:
* - collection from the dealership where the car is currently located;
* - delivery to your home address
4.2 Depending upon the delivery option you chose, there will be an associated cost which will be displayed at the point of selection. If you choose delivery to your home address, you will be advised of the associated cost which will be added to your order and must be paid prior to delivery taking place.
4.3 While we will make every effort to deliver the vehicle ordered by the agreed delivery date, we will not be liable for any claim for compensation or loss of any description (including any variation in part-exchange valuation) that may result from delay due to reasons beyond our control. If delay arises in this way, we will contact you to agree an alternative delivery date.
4.4 If we fail to deliver the vehicle within 28 days of the estimated delivery date, you may tell us in writing that you require delivery within seven days from the date of receipt by us of the notice. If then the vehicle is not delivered to you within the seven days, this Agreement will be cancelled and any money paid will be returned and neither party will have any further responsibility to the other.
4.5 If you have chosen for the vehicle to be delivered to your home and you are not at home at the agreed delivery time, we will contact you to rearrange delivery. If you do not re-arrange delivery, or you do not collect the vehicle from us we will contact you for further instructions and may charge you for storage costs and any further delivery costs.
5. Handover
5.1 We may need certain information from you prior to delivery/handover of the vehicle and you will be advised of this. This may include a valid driving licence displaying your current address, a recent utility bill relating to your current address and a credit or debit card with your signature on. If you do not give us this information, or if you give us incomplete or incorrect information, we may either terminate this Agreement or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the vehicle late if this is caused by you not giving us the information we need.
6. Our rights to end the Agreement
6.1 We may terminate this Agreement if you break it at any time by writing to you if:
6.1.1 you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
6.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to complete delivery;
6.1.3 you do not, within a reasonable time, allow us to deliver the vehicle to you or collect it from us;
6.2 You must compensate us if you break the Agreement and we choose to terminate in any of the situations set out in clause 6.1. We will refund any money you have paid in advance but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking of the Agreement.
7. Ownership and Legal Responsibility
7.1 The vehicle will belong to us until we have received cleared funds to the value of the total order price. However, you will be responsible for any loss or damage from when the vehicle is delivered to you, and should insure accordingly.
8. Tax Changes
8.1 If the rate of value added tax, road fund licence (vehicle excise duty) or first registration fee changes between the date of order and the date of delivery, you must pay the amount current at the point of delivery.
9. Limitation of Liability
9.1 We will not be liable to you if any failure or delay in our performance under this Agreement is caused by circumstances beyond our reasonable control (such as acts of God, war, terrorism or industrial action).
9.2 Unless set out otherwise herein, we limit our liability for any breach of the Agreement (and for any other liability arising out of or connected to the Agreement) to the amount of the purchase price. We expressly exclude all liability for loss of profit, goodwill or agreements and for any indirect, consequential or economic loss. The limitations in this clause will not apply in cases of fraud, death or personal injury.
10. Alternative Dispute Resolution
10.1 Ken Jervis Kia is accredited by The Motor Ombudsman and will always attempt to resolve any disputes quickly and efficiently. We would encourage you to speak to us directly about any concerns or complaints you have. However, if you are a consumer and remain dissatisfied with the outcome and explanation we have provided, we recommend you contact The Motor Ombudsman at www.themotorombudsman.org. Their decision will be legally binding on both Ken Jervis Kia and you, as the consumer.
11. Misc.
11.1 GDPR legislation requires us to have a Data Privacy Notice which informs you how we process your data while in our possession. If at any time you wish to opt out of any communication from us, or wish for your personal details to be amended or deleted from our records, please email your request to: marketing@kenjervis.com
11.2 You must provide us with any information we need in order to comply with money laundering legislation, and guarantee the accuracy of the information so supplied.
11.3 Any notice provided for in this Agreement must be in writing and be sent by first class post to the residence or place of business of the person to whom it is addressed. It will be assumed that such a notice has been received by the addressee no later than two days after posting.
11.4 Any telephone calls made between you and us may be recorded and the contents of such conversations used to support this Agreement.
11.5 This Agreement is subject to the relevant United Kingdom law and the relevant courts of the United Kingdom will have exclusion jurisdiction in relation to this Agreement.
11.6 No other person has any right to enforce any of these Terms. Any waiver of any provision of the Terms will be effective only if in writing and signed by us. Each of the paragraphs in these Terms operates separately. If any courts or relevant authority decide that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect. Any rights not expressly granted herein are reserved.
11.7 It is our responsibility to supply you with goods that meet your consumer rights. If you have any concerns that we have not met our legal obligations, please contact us.
11.8 In the event of a complaint, please contact us in writing.