- Your attention is specifically drawn to the provisions of clauses 14 and 16.
1. DEFINITIONS.
1.1 When the following words with capital letters are used in these Terms,this is what they will mean:
Event Outside Our Control: is defined in clause 15.2; Goods: the goods that We are selling to you as set out in the Purchase Order, including but not limited to the vehicle, any parts,replacement parts, accessories or otherwise; Purchase Order: your order for the Goods, Product and/or Services as set out overleaf; Product: the vehicle We create or modify for you as a result of the Services, as set out in the Purchase Order; Service Worksheet or Job Card: the documents provide by Us to You when we service or repair your vehicle.
Services: the services that We are providing to you as set out in the Purchase Order, including but not limited to the repair and servicing of your vehicle, habitation and hibernation checks, installation and fitting of awnings, satellite dishes, media packs, bike racks, tow bars,reversing cameras, and parking sensors plus a wide range of other accessories;
Terms: the terms and conditions set out in this document; and We / Our / Us : Motor Plus Derby Limited trading as Derby motorhomes, a company incorporated in England and Wales whose registered office is at: Chapel Street, Derby, Derbyshire, DE1 3GU and whose company number is 03473314.
1.2 When We use the words “writing” or “written” in these Terms, this will include e-mail unless We say otherwise.
2. OUR CONTRACT WITH YOU.
2. 1 These are the terms and conditions on which We supply Goods, or Services, or both Goods and Services, to you.
2. 2 Please ensure that you read these Terms carefully, and check that the details on the Purchase Order and in these Terms are complete and accurate, before you sign and submit the Purchase Order. If you think that there is a mistake or require any changes, please contact Us to discuss. We will confirm any changes in writing to avoid any confusion between you and Us.
2.3 When you sign and submit the Purchase Order to Us, this does not mean We have accepted your order for Goods and/or Services. Our acceptance of the Purchase Order will take place as described in clause 2.4. If We are unable to supply you with the Goods and / or Services, We will inform you of this and We will not process the Purchase Order.
2.4 These Terms will become binding on you and Us when the Purchase Order is approved by Our management team, at which point a contract will come into existence between you and Us.
2.5 If any of these Terms conflict with any term of the Purchase Order, the Purchase Order will take priority.
2.6 We shall assign an order number to the Order and inform you of it when We confirm the Order. Please quote the order number in all subsequent correspondence with Us relating to the Order.
2.7 Our website, catalogue and brochure are solely for the promotion of Our Goods in the UK. Unless otherwise agreed in writing, We do not accept orders from or deliver to addresses outside the UK. In any event, You will be responsible for organising any import documentation and for the payment of any taxes.
2.8 The images of the Goods on Our website or in Our promotional material are for illustrative purposes only. Although We have made every effort to display the colours accurately, We cannot guarantee that your computer’s display of the colours or the printed pictures accurately reflect the colour of the Goods. Your Goods may vary slightly from those images. Although We have made every effort to be as accurate as possible, because some of our Goods and Products are finished by hand, all sizes, weights, capacities, dimensions and measurements indicated on Our website or in Our promotional material may be slightly different.
2.9 In addition, as some of Our Goods and Products are finished or installed by hand there may be slight deficiencies or distortions in the finish (including panelling) of the Products. You also acknowledge that due to the way in which Goods or Products are installed and secured to vehicles there may be minor imperfections in the roof or panelling of the vehicle. In addition, where Goods are installed into vehicles there may be weight implications for the Product which may necessitate additional works in respect of suspension or the strengthening of chassis of the Product, we will endeavour to advice you of these implications before the Services are performed.
3. CHANGES TO ORDER OR TERMS.
3.1 We may revise these Terms from time to time in the following circumstances:
changes in how we accept payment from you; and changes in relevant laws and regulatory requirements.
3.2 If We have to revise these Terms under clause 3.1, We will give you at least one month’s written notice of any changes to these Terms before they take effect. You can choose to cancel the contract in accordance with clause 16.4(c).
3.3 You may make a change to the Purchase Order for Goods and/or Services within seven (7) calendar days of placing a Purchase Order by contacting Us, except in the case of custom-made Goods or Products. In the case of changes to custom-made Goods or Products,there may be additional charges in respect of installation and service charges on behalf of the manufacturer, We will endeavour to make you aware of these additional charges when you make a change request. Where this means a change in the total price of the Goods,Products or Services, We will notify you of the amended price in writing and we are obliged to obtain your express consent to additional charges. You can choose to cancel the Purchase Order in accordance with clause 16 in these circumstances.
3.4 If you wish to cancel a Purchase Order before it has been fulfilled,please see your right to do so in clause 16. In the case of custom made Goods or Products, unfortunately, because We make these Goods or Products to your specific requirements, you will not be able to cancel a Purchase Order once it is made. However, where possible we will accommodate your required changes in accordance with clause 3.3.
4. CUSTOM-MADE GOODS OR PRODUCTS.
4.1 We manufacture or install, or procure the manufacture or installation,of the Goods or Products according to the instructions and specifications you provide Us and to the extent that these instructions and specifications can be met using commercially available practices and processes. We will endeavour to advise you when such practices and processes are not widely used or commercially practised.
4.2 Please make sure your instructions and specification are correct and accurate. Unfortunately, We cannot accept the return of custom-made Goods or Products if the reason for the return is because you provided Us with incorrect instructions and specification. However,this will not affect your legal rights as a consumer in relation to custom-made Good or Products that are faulty or not as described.Advice about your legal rights is available at your local Citizen’s Advice Bureau or Trading Standards office.
5. DELIVERY OF GOODS.
5.1 Please note that timescales for delivery will vary depending on the availability of the Goods. You acknowledge that in the case of custom-made Products we rely on other manufacturers and suppliers,and the availability of some options may delay the delivery of the Goods.
5.2 Please allow for extra time for deliveries to the Scottish Highlands.Unless otherwise agreed in writing, We do not deliver to addresses outside the UK or to Scottish Islands.
5.3 You hereby acknowledge that most deliveries are made after 30 calendar days of the acceptance of your Purchase Order and We will contact you with an estimated delivery date. Occasionally Our delivery to you may be affected by an Event Outside Our Control. See clause 15 for Our responsibilities when this happens. We would strongly advise that you do not make any arrangements in respect of travel or holiday bookings until you are in receipt of your Goods or Product.
5.4 All Goods or Products will be collected from Our premises, unless otherwise agreed in writing. We may agree to delivery the Goods or Products to your home or another location only in exceptional circumstances, subject always to clause 11.4.
5.5 You can collect the Goods or Products from Us on the date and time we state that the Good or Products will be available for your collection. The date and time for collection will be between Our working hours of 09:00 to 17:00 on weekdays (excluding bank and national holidays in England). Unfortunately, we do not offer collections at weekends.
5.6 Upon collection of Goods or Products we provide a vehicle hand over to familiarise you with the main functions and operations of your Product.
5.7 Delivery of a Purchase Order shall be completed when We deliver the Goods to the address you gave Us or you collect them from Us.
5.8 The Goods will be your responsibility from the completion of delivery or from when you collect the Goods from Us, whichever is the earlier.You own the Goods once We have received payment in full.
6. IF THE GOODS ARE FAULTY.
As a consumer, you have legal rights in relation to Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.Nothing in these Terms will affect these legal rights.
7. THIRD-PARTY MANUFACTURER’S GUARANTEE OF GOODS AND ADDITIONAL WARRANTIES.
7.1 New vehicles (excluding nearly new and used vehicle) replacement parts, accessories and other Goods may come with a manufacturer’s guarantee. For details, please refer to the manufacturer’s guarantee provided with the Goods.
7.2 This guarantee is in addition to your legal rights in relation to the Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
7.3 Additional warranties can be purchased from third party suppliers.
8 SELLER’S GUARANTEE OF GOODS.
8.1 We guarantee that on delivery and for a period of three (3) months from delivery, the Goods shall be free from material defects. However,this guarantee does not apply in the circumstances described in clause 8.2.
8.2 This guarantee does not apply to any defect in the Goods arising from:fair wear and tear; wilful damage, abnormal storage or working conditions, accident,negligence by you or by any third party; if you fail to operate or use the Goods in accordance with the user instructions; any alteration or repair by you or by a third party who is not one of Our authorised repairers; and any specification provided by you; minor imperfections in the roof or panelling of a vehicle caused by manufacturing or installation techniques as set out in clause 2.9.
8.3 This guarantee is in addition to your legal rights in relation to the Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
9. PROVIDING SERVICES.
9.1 We will supply the Services to you from the date set out in the Purchase Order, Service Worksheet or Job Card or if not set out in these documents the date agreed between Us in writing until the estimated completion date set out in the Purchase Order.
9.2 We will make every effort to complete the Services on time. However,there may be delays due to an Event Outside Our Control. See clause 15 for Our responsibilities when an Event Outside Our Control happens.
9.3 We will need certain information from you that is necessary for Us to provide the Services, for example, interior measurements, model number, VIN number or such other information as we may reasonably request. We will contact you about this. If you do not, after being asked by Us, provide Us with this information, or you provide Us within complete or incorrect information, We may make an additional charge of a reasonable sum to cover any extra work that is required,or We may suspend the Services by giving you written notice. We will not be liable for any delay or non-performance where you have not provided this information to Us after We have asked. If we suspend the Services under this clause 9.3, you do not have to pay for the Services while they are suspended, but this does not affect your obligation to pay for any invoices We have already sent you.
9.4 We may have to suspend the Services if We have to deal with technical problems, or to make improvements agreed between you and Us in writing to the Services. We will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency. You do not have to pay for the Services while they are suspended under this clause 9.4 but this does not affect your obligation to pay for any invoices We have already sent you.
9.5 If you do not pay Us for the Services when you are supposed to as set out in clause 11.7, We may suspend the Services with immediate effect until you have paid Us the outstanding amounts (except where you dispute an invoice under clause 11.10). We will contact you to tell you this. This does not affect Our right to charge you interest under clause 11.9.
9.6 If We design the Product for you, We will own the copyright, design right and all other intellectual property rights in the Product and any drafts, drawings or illustrations We make in connection with the Product for you.
10. IF THERE IS A PROBLEM WITH THE SERVICES.
10.1 In the unlikely event that there is any defect with the Services or Product: please contact Us and tell Us as soon as reasonably possible; please give Us a reasonable opportunity to repair or fix any defect;and We will use every effort to repair or fix the defect as soon as reasonably practicable. You will not have to pay for Us to repair or fix a defect with the Services or Product under this clause 10.1.
10.2 As a consumer, you have legal rights in relation to Services not carried out with reasonable skill and care, or if the materials We use are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
11. PRICE AND PAYMENT.
11.1 The price of the Goods and/or the Services will be set out in Our price list in force, or as otherwise indicated to you, at the time We confirm your Purchase Order. Our prices may change at any time, but price changes will not affect Purchase Orders that We have approved and confirmed with you.
11.2 These prices include VAT except where you are purchasing subject to a VAT free purchase scheme, see Our site for further details. If the rate of VAT changes between the date of the Purchase Order and the date of delivery or performance, We will adjust the rate of VAT that you pay, unless you have already paid for the Goods and/or Services in full before the change in the rate of VAT takes effect.
11.3 We partake in the VAT free purchase scheme and therefore if you have a long term illness or you are disabled you may not need to pay VAT. However, it is your responsibility to self certify for the VAT purchase scheme. HMRC may determine that you are not eligible and in this circumstance you authorise Us or HMRC to issue a VAT invoice in respect of any amount that may be deemed chargeable. It will be your responsibility to keep the HMRC updated in the event of any change of circumstances in respect of your long term illness or your disability.
11.4 The prices for the Goods exclude delivery costs away from Our Premises, which will be added to the total amount due in the event that we agree to deliver the Vehicle to your home or agreed location.We reserve the right to require payment of delivery costs upfront in advance.
11.5 It is always possible that, despite Our best efforts, some of the Goods We sell may be incorrectly priced. We will normally check prices as part of Our internal procedures so that, where the Goods’ correct price is less than Our stated price, We will charge the lower amount when dispatching the Goods to you. If the Goods’ correct price is higher than the price stated on Our site, We will contact you to tell you and for your instructions. If the pricing error is obvious and un- mistakable and could have reasonably been recognised by you as a miss pricing. We do not have to provide the Goods to you at the incorrect (lower)price.
11.6 Where We are providing Goods or Services to you, we may request that you make payment of a proportion of the Goods or Services in advance by cash, credit or debit card. We accept payment with Mastercard, Visa and Delta cards.
11.7 Your rights to a refund on cancellation are set out in clause 16. We will invoice you for the balance of the Goods or Services on or anytime after We have performed the Services or provided the Goods.Each invoice will quote the Purchase Order number. You must pay each invoice in cleared monies within seven (7) calendar days at the date of invoice by debit or credit card.
11.8 In respect of new vehicles, We expect to receive payment in full and cleared funds in advance of the Product’s release from the manufacturer. You acknowledge that failure to make such payment in accordance with this clause 11.7 may delay the date at which you are able to collect the Product.
11.9 If you do not make any payment due to Us by the due date for payment, we may take action to recover such amounts that become overdue.
11.10 However, if you dispute an invoice in good faith and contact Us to letUs know promptly after you have received an invoice that you dispute it, clause 11.9 will not apply for the period of the dispute.
12. PART EXCHANGE.
12.1 We may offer a part-exchange scheme for your current vehicle. The ownership of your current vehicle may be exchanged in part payment for Goods purchased from us. Therefore the price payable for your Goods or Product will effectively be reduced by the value of your current vehicle.
12.2 Where requested we will provide a valuation for your vehicle. You acknowledge that from time to time these valuations may be given in good faith without a full inspection of the vehicle and/or based on yourdescription of the vehicle. To this extent we reserve the right to amend our valuation until we have had the opportunity to fully inspect the vehicle and its documentation (service history, SORN etc).
12.3 If You misrepresent the condition, features or details of your vehicle,fabricate documentation, history, or in any way act dishonestly with Us we reserve our right to recover from you any difference between thevalue of your vehicle and the part-exchange value of your vehicle provided by Us in part-exchange for the Goods and/or Product.
13. DEPOSIT.
13.1 A Deposit is taken to reserve the Goods or Product for purchase by you. We reserve the right to hold the Deposit in the event that you cancel the purchase of Goods or Product (in accordance with the provisions of these terms and conditions and in particular clause 16) reserved for your purchase, and we may (at our discretion) return the Deposit (in whole or in part) in the event that the Goods or Product can be resold at the same value.
13.2 You acknowledge that in respect of made-to-measure Goods the Deposit may not be returned at all. We go to considerable expense modifying, manufacturing or installing Goods into your vehicle to create your Product or incur costs through our relationship with manufacturers when we order made-to-measure Goods or Products.Custom-made Goods or Products are made to your specification which may not meet the requirements of other customers.
14. OUR LIABILITY TO YOU.
14.1 If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach of the Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and Us at the time we entered into this contract.
14.2 If We are installing the Goods or Product and/or providing Services in your property, We will make good any damage to your property caused by Us in the course of installation or performance. However,We are not responsible for the cost of repairing any pre-existing faults or damage to your property that We discover in the course of installation and/or performance by Us.
14.3 Where we are installing Goods into or on your vehicle this may requirethe removal of previously installed fixtures and fittings. You acknowledge that due to the manufacturing processes of such fixtures and fittings they are often “one time fit only”, and whilst We will exercise reasonable skill and care in their removal We can not guarantee that the fixtures and fittings will be capable of re-use following their removal.
14.4 To the extent possible under the applicable law, Our liability under the contract between you and Us shall be further limited to the value of Our insurance coverage in respect of any loss or damage suffered by you.
14.5 We only supply the Goods and/or Services or Product for domestic and private use. You agree not to use the Goods and/or Services or Product for any commercial, business or re-sale purpose, and We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.6 We do not exclude or limit in any way Our liability for: death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors; fraud or fraudulent misrepresentation; breach of the terms implied by The Consumer Rights Act 2015 and; defective products under the Consumer Protection Act 1987. breach of the terms implied by sections 13, 14 and 15 of the Sale ofGoods Act 1979 and sections 3, 4 and 5 of the Supply ofGoods and Services Act 1982 (description, satisfactory quality, fitness for purposeand samples); and
15. EVENTS OUTSIDE OUR CONTROL.
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.
15.2 An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion,terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood,earthquake, subsidence, failure of suppliers to manufacture or deliver goods or provide services, epidemic or other natural disaster, or failure of public or private telecommunications networks.
15.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms: We will contact you as soon as reasonably possible to notify you; and Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of theEvent Outside Our Control. Where the Event Outside Our Control affects Our delivery of Goods to you, We will arrange a new delivery date with you after the Event Outside Our Control is over. Where the Event Outside Our Control affects Our performance of Services to you, We will restart the Services as soon as reasonably possible after the Event Outside Our Control is over.
15.4 You may cancel the contract if an Event Outside Our Control takes place and you no longer wish Us to provide the Goods and/or Services. Please see your cancellation rights under clause 16. We will only cancel the contract if the Event Outside Our Control continues for longer than twenty one (21) weeks in accordance with Our cancellation rights in clause 16.
16. YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND.
16.1 Before We begin to provide the Services or the Goods are delivered,you have the following rights to cancel a Purchase Order for Goods or Products (other than custom-made Good or Products) and/or Services, including where you choose to cancel because We are affected by an Event Outside Our Control or We change these Terms under clause 3.1 to your material disadvantage:
You may cancel any Purchase Order for Goods and/or Services at any time before the start date for the Services or within twenty four(24) hours of our acceptance of your Purchase Order for Goods or Products by contacting Us. We will confirm your cancellation in writing to you.
If you cancel a Purchase Order under clause 16.1(a) and you have made any payment in advance for Services that have not been provided to you, or Goods that have not been delivered to you, We will refund these amounts to you. We may reduce your refund to reflect any reduction in the value of the Goods or Products, if this hasbeen caused by your handling them in a way which would not be permitted in a shop for example.
However, if you cancel a Purchase Order for Services under clause 6.1(a) and We have already started work on your Purchase Order by that time, you will pay Us any costs We reasonably incurred in starting to fulfil the Purchase Order, and this charge will be deducted from any deposit or refund that is due to you or, if no refund is due to you,invoiced to you. We will tell you what these costs are when you contact Us. However, where you have cancelled a Purchase Order because of Our failure to comply with these Terms (except where We have been affected by an Event Outside Our Control), you do not have to make any payment to Us. In addition, if you cancel a Purchase Order for Goods and/or Services in accordance with clause 16.1(a) your deposit may be forfeited in accordance with clause 13.
16.2 Unfortunately, custom-made Goods or Products are made to your requirements, you will not be able to cancel your Purchase Order once made (but this will not affect your legal rights as a consumer in relation to custom-made Goods or Products that are faulty or not as described).
16.3 Once We have begun to provide the Services to you, you may cancel the contract for the Services at any time by providing Us with at least 24 hours’ notice in writing. Any advance payment you have made for Services that have not been provided will be refunded to you.
16.4 Once We have begun to provide the Services to you, you may cancelthe contract for Services with immediate effect by giving Us written notice if: We break this contract in any material way and We do not correct or fix the situation within days of you asking Us to in writing; We go into liquidation or a receiver or an administrator is appointed over Our assets; We change these Terms under clause 3.1 to your material disadvantage; We are affected by an Event Outside Our Control.
16.5 If you have returned the Products to us under this clause 16 because they are faulty or miss-described, we will refund the price of defective Goods or Products in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
16.6 Any refund we make We will refund you on the credit card or debit card used by you to pay.
16.7 If the Goods or Product were delivered to you, before you decide to cancel your Contract:
you must return the Goods or Product to us as soon as reasonably practicable. We will contact you to arrange a suitable time for return; unless the Goods or Product are faulty or not as described (in this case, see clause 16.5), you will be responsible for the cost of returning the Goods or Product to us or, where relevant, the cost of us collecting the Goods or Product from you. We cannot confirm the charge for collection in any great accuracy until we have made arrangements to do so; you have a legal obligation to keep the Goods or Product in your possession and to take reasonable care of the Goods or Product while they are in your possession.
16.8 Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 16 or anything else in these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
17. HOW TO CANCEL A CONTRACT.
17.1 To cancel a Contract, please contact us in writing to tell us by sending an e-mail, by calling, or by sending a letter to Us (contact details set out in clause 19). You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us. If you call us to notify us of your cancellation, then your cancellation is effective from the date you telephone us.
18. OUR RIGHTS TO CANCEL AND APPLICABLE REFUND.
18.1 If We have to cancel a Purchase Order for Goods (including custom made Goods or Products) and/or Services before the Services start or the Goods are delivered:
We may have to cancel a Purchase Order before the start date for the Services or before the Goods are delivered, due to an Event Outside Our Control or the unavailability of stock or (in the case of Services)key personnel or key materials without which We cannot provide the Services. We will promptly contact you if this happens. If We have to cancel a Purchase Order under clause 18.1(a) and you have made any payment in advance for Services that have not been provided to you, or Goods that have not been delivered to you, We will refund these amounts to you. Where We have already started work on your Purchase Order for Services or custom-made Goods or Products by the time We have to cancel under clause 18.1(a), We will not charge you anything and you will not have to make any payment to Us.
18.2 Once We have begun to provide the Services to you, We may cancel the contract for the Services at any time by providing you with at least one (1) calendar days’ notice in writing. If you have made any payment in advance for Services that have not been provided to you,We will refund these amounts to you.
18.3 We may cancel the contract for Services at any time with immediate effect by giving you written notice if: you do not pay Us when you are supposed to as set out in clause11.7. This does not affect Our right to charge you interest under clause 11.9; or you break the contract in any other material way and you do not correct or fix the situation within 14 days of Us asking you to in writing.
19. INFORMATION ABOUT US AND HOW TO CONTACT US.
19.1 We are a company registered in England and Wales. Our company registration number is 03473314 and Our registered office is at Chapel Street, Derby, Derbyshire, DE1 3GU. Our registered VAT number is 705 7429 33.
19.2 If you have any questions or if you have any complaints, please contact Us. You can contact Us by telephoning Our after sales department at 01332 360444 or by e-mailing Us at service@derbymotorhomes.com. Please refer to our complaints page for more information.
19.3 If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing (for example, to cancel the contract), you can send this to Us by e-mail to sales@derbymotorhomes.com by hand, or by pre-paid post to Motor Plus Derby Limited at Chapel Street, Derby Derbyshire DE13GU. We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by email, by hand, or by pre-paid post to the address you provide to Us in the Purchase Order.
20. HOW WE MAY USE YOUR PERSONAL INFORMATION.
20.1 We will use the personal information you provide to Us to:
provide the Goods and/or Services; process your payment for such Goods and/or Services; and
inform you about similar products or services that We provide, but you may stop receiving these at any time by contacting Us.
20.2 You agree that We may pass your personal information to credit reference agencies (particularly in the event that you take finance agreements out with carefully selected finance providers) and that they may keep a record of any search that they do.
20.3 We will not give your personal data to any other third party.
21. OTHER IMPORTANT TERMS.
21.1 We may transfer Our rights and obligations under these Terms to another organisation, and We will always notify you in writing if this happens, but this will not affect your rights or Our obligations under these Terms. You acknowledge that we may have to subcontract the performance of Our obligations under these Terms and you permit Us to do this.
21.2 You may transfer the benefit of the guarantee, to any purchaser of your property. You may only transfer your other rights or your obligations under these Terms to another person if We agree in writing. Warranty providers may charge you additional fees in order to transfer third party warranties to third parties.
21.3 This contract is between you and Us. No other person shall have any rights to enforce any of its terms. However, the purchaser of your property will have the benefit of the guarantee at clause 7.1 if you transfer it to them, but We and you will not need their consent to cancel or make any changes to these Terms.
21.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
21.5 If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
21.6 These Terms are governed by English law. You and We both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland,you may also bring proceedings in Scotland.
OUR POSTAL ADDRESS.
Derby motorhomes.
Chapel Street.
Derby.
Derbyshire
DE1 3GU
Tel: 44 (0) 1332 360222
sales@derbymotorhomes.com
service@derbymotorhomes.com
DISPUTE RESOLUTION The Retail Ombudsman.
