Our Terms and Conditions of Sale
1. THESE TERMS
What these terms cover. These are the terms and conditions on which we supply all Goods to you (the Term and Conditions of Sale).
Why you should read them. Please read these terms carefully before you sign and submit the Classic Motor Vehicle Order to us. These terms tell you who we are, how we will provide the Goods to you, how you and we may change or end the contract, what to do if there is a problem together with other important information. If you think that there is a mistake in these terms, please contact us to discuss prior to signing and submitting the Order.
Money Laundering Requirements. You must provide to us such personal information as we need to comply with all applicable money laundering regulations. We will not be able to accept money from you or dispatch the Goods to you until those money laundering checks are complete.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1.Who we are. We are Sports Classics London Limited a company registered in England and Wales with registration number is 10714975. Our registered office is at 25 Upper Brook Street, Mayfair, London W1K 7QD and our trading address (Showroom) is 6 Kendrick Place, Reece Mews, South Kensington, London, SW7 3HF. Our registered VAT number is 280 3058 21.
2.2. How to contact us. You can contact us using the details on the Contact page or by writing to us at 6 Kendrick Place, Reece Mews, London SW7 3HF.
2.3. How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in the completed and Order. When we use the words "writing" or "written" in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1. The order for sale of a classic motor vehicle and/or parts and accessories (Goods) supplied by us on the terms set out in the Classic Motor Vehicle Order (Order) for the price set out in the Order (Purchase Price) incorporates these Terms and Conditions of Sale and only becomes binding once accepted and signed by both you and us, and once we have received the Deposit (set out on the Order) from you by way of cleared funds. Unless and until we receive the Deposit from you (even if the Order is signed by both you and us) there is no binding contract and we may sell the Goods to someone else.
3.2. The Order together with these Terms and Conditions of Sale and the Sales Description make up the contract between you and us. You should not therefore sign the Order unless you are happy with these Terms and Conditions of Sale and the Order.
3.3. Our marketing information and website are solely for the promotion of our Goods in the UK. We can however put you in touch with a shipping agent who can deliver to addresses outside of the UK (at additional cost agreed between you and the shipping agent).
4. THE GOODS
4.1. In considering your rights under the contract (as set out later in these Terms and Conditions of Sale) and the descriptions of the Goods provided to you, you agree and acknowledge that
4.1.1. the Goods are a classic motor vehicle and as such are not new at the time of sale to you. Any references in the Order, these Terms and Conditions of Sale or the sales description document supplied to you (Sales Description) to a “classic motor vehicle” or “classic vehicle” will not imply any particular quality or age in relation to the Goods, and
4.1.2. the Goods are sold as a collector’s item and not as a means of transport, and
4.1.3. the use of the Goods on the public highway is entirely at your discretion and risk.
You acknowledge that these are material issues relevant to the assessment of whether the Goods supplied are of satisfactory quality, fit for purpose and adhere to the description set out in the Order. By signing the Order, you confirm that you have had the opportunity to inspect the Goods and have satisfied yourself as to condition and authenticity.
4.2. Other than as set out in the Sales Description we make no representations to you as to the origins or original manufacture of the Goods. To the extent permitted by law all warranties (whether implied by statute or otherwise) that the goods will correspond with a specific description are hereby excluded.
4.3. As part of the Sales Description we have set out for you what information and documentation is in our possession in relation to the Goods. The information identified will be supplied to you on delivery of the Goods. By signing the Order you
4.3.1. accept that the information and documentation is provided to you without liability as to its content and with no guarantee that it is complete, and
4.3.2. accept that the Goods, bearing in mind their age and condition, are likely to have undergone repairs or modifications and that we cannot verify and do not warrant (and no warranty shall be implied) the quality of the repairs or replacement parts or whether those parts are genuine.
You therefore are strongly advised to carry out any checks or investigations on the Goods prior to signing the Order.
4.4. The images of the Goods on our website and in the Sales Description are for illustrative purposes only. Although we have made every effort to display them accurately, we cannot guarantee that they accurately reflect the Goods. We therefore strongly recommend that you visit our Showroom to look at the Goods before placing an Order.
5. PART EXCHANGE VEHICLES
5.1. We may accept a used motor vehicle from you as partial payment of the Purchase Price. Where we have done so full details of that vehicle will be set out in the Order. The Order will identify the vehicle (Part Exchange Vehicle) and the allowance relating to that vehicle (Allowance Price). Our acceptance of the Part Exchange Vehicle is subject to any specific conditions set out on the Order together with the following
5.1.1. the Part Exchange Vehicle shall be in the same condition, on receipt by us from you, as it was when we examined it and allocated the Allowance Price to it,
5.1.2. you will provide all keys, spare keys, registration documents, service documents, MOT certificates (where relevant) service invoices, warranty documentation (where relevant) and all other appropriate documentation showing history and title to the Part Exchange Vehicle,
5.1.3. the Part Exchange Vehicle will be free from all financing and hire arrangements, charges or other encumbrances save for any specifically identified on the Order, and
5.1.4. you may not collect the Goods or arrange for delivery of the Goods until we are in receipt of the Part Exchange Vehicle and all finance on it has been paid.
5.2. If any of the above conditions, or any declarations, statements or information provided to us by you about the Part Exchange Vehicle are proved to be incorrect we may amend the Allowance Price to reflect those changes. Where this results in the Allowance Price being reduced you shall pay the difference to us by way of cleared funds before we release the Goods to you.
5.3. By virtue of these Terms and Conditions of Sale, ownership in the Part Exchange Vehicle will pass to us on collection of the Goods from us by you or your authorised agent.
6. DELIVERY AND COLLECTION OF THE GOODS
6.1. The Goods will be made available for collection at our showroom once we have received cleared funds from you. We can introduce you to a shipping agent who can arrange collection of the Goods from us, and delivery to you. The shipping agent will act as your authorised agent (and is not under contract with us) and you should agree terms and charges directly with the shipping agent.
6.2. We will tell you when the Goods are available for collection at our Showroom by you or your nominated shipping agent. You must then pay to us the balance of the Purchase Price less any Deposit already paid. We will not release the Goods until all monies due have been received by way of cleared funds from you. All payments will be in pounds sterling unless others wise specified in the Order.
6.3. If you fail to pay the balance of the Purchase Price by way of cleared funds and then arrange collection of the Goods within twenty eight (28) days of being informed under clause 6.2 that they are available for collection or delivery then we may give you notice ending the contract with you. If we do that then clause 7 (Effect of us ending the Contract with you) shall apply and you may be liable to pay us compensation.
6.4. If we are delayed in making the Goods available for collection by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if we notify you that there is a risk of substantial delay you may contact us to end the contract and receive a refund of the Deposit.
6.5. Once notified that the Goods are available for collection, and once we have received from you the Purchase Price by way of cleared funds, you or your shipping agent may collect the Goods from our Showroom at any time during our working hours of 10am to 6pm on weekdays (excluding public holidays).
6.6. If you do not collect the Goods from us as arranged, we will contact you for further instructions and may charge you for storage costs. If, despite our reasonable efforts, we are unable to contact you to re-arrange collection we may end the contract. If we do that then clause 7 (Effect of us ending the Contract with you) shall apply.
6.7. You have the following legal rights if the Goods are not available for collection by you from our Showroom on the date that we agreed that they would be available.
6.7.1. You may treat the contract as at an end straight away if we have not made the Goods available on or before the agreed date and you told us before the Order was accepted that the Goods must be available by that agreed date and we agreed and confirmed this in writing to you.
6.7.2. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 6.7.1, you can give us a new date by which the Goods should be made available for collection by you, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline in the circumstances set out in this clause 6.7.
The rights set out in this clause 6.7 will not apply if your actions (or failure to take any action) caused or contributed to the delay (including but not limited to the circumstances set out in clause 6.9).
6.8. If you have a right to do so, and you do choose to treat the contract as at an end under clause 6.7 we will refund any sums you have paid to us for the Goods.
6.9. We may need certain information from you in order to comply with our obligations under the contract with you (for example, information requested by the finance company in order to pay off finance on a Part Exchange Vehicle). We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 7 (Effect of us ending the Contract with you) and clause 11 (Our rights to end the contract) will apply) 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 any delays in making the Goods available for collection if this is caused or contributed to by you not giving us the information we need within a reasonable time of us asking for it.
6.10. Reasons we may suspend the supply of Goods to you. We may have to suspend the supply of the Goods to you to:
6.10.1. deal with technical problems or make minor technical changes; or
6.10.2. update the Goods to reflect changes in relevant laws and regulatory requirements.
We will contact you in advance to tell you we will be suspending supply of the Goods, unless the problem is urgent or an emergency. We will provide an estimate of when the suspension is likely to be lifted.
6.11. We will also suspend supply of the Goods if you do not pay. If you do not pay us for the Goods when you are supposed to (see clause 13) and you still do not make payment within fourteen (14) days of us reminding you that payment is due, we will suspend supply of the Goods until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Goods. As well as suspending the Goods we can also charge you interest on your overdue payments (see clause 13.4).
7. EFFECT OF US ENDING THE CONTRACT WITH YOU
7.1. The contract will be completed when the Goods are collected by you from our Showroom. Where
7.1.1. we end the contract with you prior to its completion in accordance with these terms, or
7.1.2. you end the contract with us under clause 9.3
then (without affecting any rights we may have in relation to the contract ending) we may sell the Goods to an alternate purchaser by whatever means we consider appropriate, including by private sale or auction.
7.2. In the circumstances set out in clause 7.1 we may also claim from you any losses that we suffer as a result of the contract ending (which may include the costs of re selling the Goods and any shortfall in the resale price). We may retain the Deposit and offset against it any losses that we suffer. Any balance will then be returned to you. Where the Deposit is not sufficient to cover our losses we will notify you in writing of the balance due from you and you shall make payment to us within fourteen (14) days of that notification.
7.3. Interest will apply to all sums not received from you by the due date in accordance with clause 13.4.
8. TITLE AND RISK
8.1. When you become responsible for the Goods. The Goods will be your responsibility from the time they are collected from the Showroom by you or your authorised agent (which may include the shipping agent that we introduced to you). From this point onwards it is your responsibility to ensure that the Goods are fully and properly insured. We will not be liable for any loss or damage caused to the Goods after collection from the Showroom.
8.2. When you own Goods. You own the Goods once we have received payment of the Purchase Price in full by way of cleared funds.
9. YOUR RIGHTS TO END THE CONTRACT
9.1. You can always end your contract with us. Your rights when you end the contract will depend on whether there is anything wrong with it, how we are performing and when you decide to end the contract:
9.1.1. If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the Goods repaired or replaced or to get some or all of your money back), see clause 12;
9.1.2. If you want to end the contract because of something we have done or have told you we are going to do, see clause 9.2
9.1.3. In all other cases (if we are not at fault and there is no right to change your mind), see clause 9.3.
9.2. Ending the contract prior to collection of the Goods from our Showroom because of something we have done or are going to do. If you are ending a contract prior to collection of the Goods from our Showroom for a reason set out at clauses 9.2.1 to 9.2.3 below the contract will end immediately and we will refund you in full for the Goods which have not been provided and you may also be entitled to compensation. The reasons are:
9.2.1. we have told you about an error in the price or description of the Goods you have ordered and you do not wish to proceed;
9.2.2. there is a risk that supply of the Goods may be significantly delayed because of events outside our control;
9.2.3. you have a legal right to end the contract before collecting it from our Showroom because of something we have done wrong (including because we are late in making the Goods available for collection in the circumstances set out in clause 6.7.1).
9.3. Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault you can still end the contract before it is completed, but you may have to pay us compensation. The contract will be completed when the Goods are collected by you from our Showroom. If you want to end a contract before it is completed where we are not at fault please contact us to let us know. The contract will end immediately and then clause 7 (Effect of us ending the Contract with you) will apply.
10. HOW TO END THE CONTRACT WITH US
10.1. Tell us you want to end the contract. To end the contract with us before it is completed, please let us know by doing one of the following:
10.1.1. Phone or email. Call or email us using the details on the Contact page. Please provide details of the Goods and your name and address. If you call us we will ask you to confirm your intention in writing (by email or post) and we will not act on your request until we receive that written confirmation.
10.1.2. By post. Please write to us giving us details of the Goods and your name and address and confirming that you want to end the contract.
11. OUR RIGHTS TO END THE CONTRACT
11.1. We may end the contract to supply the Goods to you at any time by writing to you if:
11.1.1. you do not make any payment to us when it is due and you still do not make payment within fourteen (14) days of us reminding you that payment is due;
11.1.2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to comply with our obligations under the contract, for example, information to allow us to comply with anti money laundering regulations or to pay off outstanding finance on a Part Exchange Vehicle;
11.1.3. you do not, within a reasonable time, arrange to collect the Goods from us.
11.2. You must compensate us. If we end the contract in the situations set out in clause 11.1 then clause 7 (Effect of us ending the Contract with you) will apply and we may claim compensation from you.