1. Formation of Contract
1.1 These Terms are written in accordance with applicable law in the jurisdiction of England and Wales (and include Northern Island and Scotland). The laws in which these Terms are written in compliance with include the Consumer Rights Act 2015, Distance Selling Regulations (Consumer Contracts Regulations 2013) and the Sale of Goods Act 1979
1.2 These Terms are written in conjunction with our Anti-Money Laundering Policy, in compliance with the Money Laundering Regulations 2017
1.3 These Terms apply to all sales of motor vehicles and related goods (“Vehicle”) by Coopers of Hampshire Limited (“we”, “us”, “Company”) to a consumer (“you”).
1.4 The Vehicle Order Form/Invoice and these Terms form the entire agreement.
1.5 A legally binding contract is formed immediately when we receive any payment towards the Vehicle.
1.6 We do not accept deposits. Any payment (however described) forms part of the purchase price and confirms your commitment to purchase.
1.7 No oral statements or representations shall form part of the contract unless confirmed in writing by an authorised representative.
2. Status of Vehicles (Used Goods)
2.1 All Vehicles are sold as used vehicles unless expressly stated otherwise. The buyer must expect a used vehicle to have age-related wear and tear and degradation. Every effort is made to ensure vehicle condition is described as accurately as possible
2.2 You acknowledge that descriptions are a guide only and contain information that to the best of our knowledge is correct and accurate, however we accept no liability for inaccuracies. You are responsible for ensuring the goods meet your needs and requirements, and for carrying out any relevant history or specification enquiries with the appropriate organisations
2.3 You acknowledge that used vehicles:
- Have had prior use and possible prior repairs;
- Will exhibit wear and deterioration consistent with age, mileage and history;
- May contain components approaching service or replacement intervals.
2.4 Under the Consumer Rights Act 2015, satisfactory quality is assessed by reference to:
- Age,
- Mileage,
- Price,
- Description,
- Service history,
- All other relevant circumstances.
2.5 The following do not constitute faults:
- Age-related wear and tear;
- Cosmetic imperfections;
- Gradual performance decline;
- Corrosion consistent with age;
- Consumable wear (e.g. tyres, brakes, clutch, batteries, bulbs, wipers);
- Non-safety related noise or vibration consistent with age;
- Modifications;
- Features not fitted as factory specification;
- Minor faults or degradation not affecting the suitability of the vehicle for its intended purpose or safe and legal use on a public road;
- Gradual deterioration of mechanical and electrical components.
2.6 Any defects specifically disclosed prior to contract do not constitute grounds for rejection.
2.7 You confirm that you have been given opportunity to inspect and test the Vehicle (where available) before entering the contract.
2.8 Nothing in this clause limits statutory rights.
3. Price, Payment and Retention of Title
3.1 The Vehicle remains our property until paid for in full in cleared funds.
3.2 The Vehicle will not be released until full cleared payment is received.
3.3 Where a promotion or time limit is imposed on a product or additional extra, the Buyer is responsible for claiming it before the expiry date. The Company shall have no obligation to honour such matters thereafter
3.4 Where finance is used, release is conditional upon receipt of cleared funds from the finance provider.
3.5 Time for payment is of the essence.
3.6 If the balance is not paid within 7 days of agreed collection (unless otherwise agreed), we may:
- Cancel the contract;
- Retain the Minimum Initial Payment (clause 4);
- Recover additional evidenced losses.
3.7 A minimum fee of £199 including VAT shall apply to provide administration services and production of documents for 3rd parties for finance and brokered sales. This may be refundable upon completion of sale
4. No Deposit Policy & Buyer Cancellation (Non-Statutory)
4.1 We do not accept deposits.
4.2 Any initial payment forms part of the purchase price and confirms a binding commitment to purchase.
4.3 If you cancel for any reason other than exercising a statutory right, the Minimum Initial Payment is non-refundable.
4.4 The Minimum Initial Payment is:
- £250 for Vehicles priced up to £4,999;
- £500 for Vehicles priced £5,000 and above.
4.5 This amount represents a genuine and proportionate pre-estimate of loss, including:
- Removal from sale,
- Advertising withdrawal,
- Administration and appointments,
- Cleaning,
- Preparation and inspection costs,
- Loss of sales opportunity,
- Depreciation through usage or while reserved.
4.6 Where our actual loss exceeds the Minimum Initial Payment, we reserve the right to recover the balance of that loss, acting reasonably.
4.7 We will not retain sums exceeding our reasonable and demonstrable loss.
5. Distance Contracts (Consumer Contracts Regulations 2013)
5.1 If the contract is concluded entirely at distance without prior in-person inspection, you have a statutory right to cancel within 14 days from the day after delivery.
5.2 Cancellation must be communicated clearly in writing within 14 days.
5.3 The Vehicle must be returned within 14 days of cancellation.
5.4 You are responsible for return costs.
5.5 You are liable for any reduction in value caused by handling beyond what is necessary to establish the nature, characteristics and functioning of the Vehicle as would reasonably occur during a dealership inspection and test drive.
5.6 As guidance (not a penalty), use in excess of 50 miles will normally be considered beyond reasonable inspection unless exceptional circumstances apply.
5.7 We may deduct from any refund (subject to VAT):
- Excess mileage limited to £1.00 per mile,
- Petrol/diesel/electricity limited to £2.00 per litre/kWh,
- Transportation limited to £3.00 per mile,
- Cleaning and detailing costs limited to £150,
- Damage or deterioration,
- Missing documentation or items,
- Other rectification costs,
- Re-stocking fee of £250,
- Depreciation attributable to your use.
5.8 Refunds will be processed within 14 days of receiving and inspecting the Vehicle.
5.9 The cancellation right does not apply to:
- On-premises purchases following inspection;
- Personalised or customer-requested modifications completed before cancellation.
6. Consumer Rights Act 2015 (Faults and Remedies)
6.1 If the Vehicle is not of satisfactory quality, not fit for purpose, or not as described at delivery, you may exercise statutory remedies. For the avoidance of doubt, Goods must be fit for their intended purpose. For motor vehicles, this is lawful and safe use on the road. Non-essential features do not generally render a vehicle unfit for purpose.
6.2 Within 30 days of delivery, you may exercise the short-term right to reject for a full refund if a qualifying fault is present.
6.3 After 30 days and up to 6 months, you must allow us opportunity to repair or replace before exercising final rejection, unless repair is impossible or disproportionate. The fault must have been present or developing at point of sale.
6.4 The following will not constitute qualifying faults:
- Fair wear and tear;
- Gradual deterioration;
- Damage occurring after delivery;
- Accidental damage;
- Misuse or neglect;
- Failure to service or maintain appropriately;
- Commercial use not disclosed before purchase;
- Modifications or third-party repairs without our consent;
- Minor faults or degradation not affecting the suitability of the vehicle for its intended purpose;
- Faults declared present before or at point of sale, or that the Buyer had information accessible about any faults or defects before purchase
- The fault was obvious and it would have been reasonable to have noticed it on examination before purchase
6.5 We must be given reasonable opportunity to inspect and diagnose before any rejection is accepted.
6.6 Diagnosis alone does not constitute acceptance of liability.
6.7 Where rejection is lawful, we may make deductions for use where permitted by law.
6.8 As guidance (not a penalty), use in excess of 50 miles will normally be considered beyond reasonable inspection unless exceptional circumstances apply.
6.9 We may deduct from any refund (subject to VAT):
- Excess mileage limited to £1.00 per mile,
- Petrol/diesel/electricity limited to £2.00 per litre/kWh,
- Transportation limited to £3.00 per mile,
- Cleaning and detailing costs limited to £150,
- Damage or deterioration,
- Missing documentation or items,
- Other rectification costs,
- Depreciation attributable to your use.
6.10 The Buyer does not have a right to reject if they have been negligent, the vehicle is damaged (including cigarette smoke and burns), they made a mistake or changed their mind, or it has been modified from originally supplied condition and specification
6.11 Refunds will be processed within 14 days of receiving and inspecting the Vehicle.
7. Repairs and Third-Party Work
7.1 No repair work should be commissioned without our prior written approval (except emergency safety work).
7.2 We are not liable for unauthorised repair costs.
7.3 We reserve the right to inspect, repair or nominate a repairer of our choosing.
7.4 Where a Vehicle is deemed beyond economical repair and rejection is not mandatory under statute, we may offer:
- Repair;
- A price reduction; or
- A like-for-like replacement vehicle of similar type and value.
8. Warranty
8.1 The Buyer accepts that used vehicles require ongoing maintenance and that no warranty can feasibly cover every component of a vehicle. The Company shall not be responsible for claims outside the terms of the warranty coverage on the vehicle, as these are considered fair wear and tear
8.2 The CRA 2015 covers faults present at point of sale. A limited warranty may be supplied or purchased with a vehicle, which covers development of faults after point of sale, and is separate from statutory rights.
8.3 Warranty terms and exclusions can be found within your warranty documentation. Any additional exclusions or endorsements shall be listed on your invoice
8.4 Wear and tear items and gradual deterioration are excluded unless expressly stated.
8.5 The Buyer is responsible for maintaining the vehicle in accordance with manufacturer requirements in order that warranty remain valid. Failure to adhere to servicing schedules may invalidate warranty coverage.
8.6 The Buyer agrees to ensure their vehicle is taxed, insured, has a valid MOT and that they have breakdown cover covering recovery to a repair workshop, including us or an appointed repairer as appropriate
9. Part Exchange
9.1 You warrant that any part exchange vehicle:
- Is legally owned by you;
- Is free from undisclosed finance;
- Is delivered in materially the same condition as appraised.
9.2 If materially misdescribed, we may within 7 days:
- Revise valuation; or
- Withdraw acceptance.
9.3 If the part exchange vehicle is subject to finance, settlement must be possible and will be deducted from the agreed allowance.
9.4 Vehicles shall be considered for part exchange in accordance with set criteria. Part exchange is not a guarantee. Vehicles will be subject to a full appraisal before a valuation will be accepted. The Company may arrange for such appraisal to be completed by a recognised Third Party, which may require a non-refundable deposit to be paid by the Buyer prior to the sale proceeding any further
9.5 Personalised registrations will be retained for up to 14 days. The Company may complete any administration and pay fees due on your behalf. Fees will be payable by the Buyer. After 14 days, following non-payment, or if the Buyer surrenders their private registration, the Buyer shall no longer retain right to the registration; the Company shall become the owner and may dispose of or retain the registration as they see fit
10. Limitation of Liability
10.1 Nothing excludes liability for:
- Death or personal injury caused by negligence;
- Fraud or misrepresentation;
- Breach of statutory rights.
10.2 Subject to sub-clause 1, our total liability shall not exceed the purchase price of the Vehicle.
10.3 We are not liable for indirect or consequential loss, including loss of profit or business interruption.
11. Trade Buyers
Where you act wholly or mainly in the course of business, consumer protections under the Consumer Rights Act 2015 do not apply.
12. Governing Law
This contract is governed by the laws of England and Wales.
The courts of England and Wales shall have exclusive jurisdiction.
13. Test Drives and Loan Vehicles
13.1 All test and loan vehicles remain our property.
13.2 Drivers must:
- Hold a valid UK licence,
- Meet insurance requirements,
- Use the Vehicle lawfully and responsibly.
13.3 Drivers are liable for:
- Fines, tolls and penalties;
- Insurance excess (minimum £1,000);
- Damage beyond fair wear and tear;
- Cleaning, refuelling, rectification and recovery costs.
13.4 We may recover reasonable legal and recovery costs where necessary.
13.5 We or one of our partners remain the legal owner of all vehicles until sold
13.6 We may apply a daily fee or excess to the vehicle for usage by the driver
13.7 The driver shall hold a valid full UK Driving Licence and have a UK registered address, and only the driver shall be permitted to drive the vehicle. The driver is responsible for regularly checking to ensure the vehicle is safe to drive, including fluids and tyres
13.8 The driver shall drive in a safe manner to an acceptable standard, which does not endanger themselves or others, and the vehicle is not to be used for business purposes
13.9 The driver shall comply with all relevant road regulations and traffic laws, signage, road markings, and parking regulations
13.10 The driver shall ensure the vehicle is appropriately secure when not in use
13.11 The driver shall return the vehicle in the original condition, that is the vehicle shall not be damaged
13.12 The driver shall return the vehicle with all fluids, including fuel/electric charge, to the supplied levels and specification, and the vehicle shall be clean, tidy and odour free. The following charges (subject to VAT) shall otherwise apply (* apply to loan vehicles only);
· Petrol/Diesel £2.50 per litre*
· Electricity £2.00 per kWh*
· Windscreen washer fluid £2.00 per litre*
· Coolant £8.00 per litre*
· Cleaning £100
· Replacement key £220
13.13 Vehicles are insured Third Party only, and the driver shall be liable to re-imburse the company to the full value of the repair and replacement of parts in the event of damage and/or consequential damage arising
13.14 Wheel and tyre damage, including punctures, shall be charged accordingly
13.15 The driver is responsible for ensuring they have appropriate insurance to drive the vehicle
13.16 There is a minimum £1,000 excess contribution, payable immediately for a vehicle which is deemed to have incurred damage
13.17 The driver shall be liable for all contraventions, parking fees and fines, tolls and road charges, penalties and fines, and any other fees incurred through usage of the vehicle. A £65 plus VAT administration fee shall apply to each
13.18 Where a vehicle is seized or impounded, the driver shall be responsible for all costs and, where relevant, prosecution, to release the vehicle
13.19 Where a vehicle is not returned by the required date or time, a charge of £75 per day plus VAT shall apply. Test drives are permitted up to 1 hour. We reserve the right to report a vehicle stolen or taken without consent
13.20 The company reserve the right to recover any costs (including litigation and costs of recovery) from the driver
14. Complaints & Alternative Dispute Resolution
14.1 The Company are a member of The Motor Ombudsman accreditation scheme and are accredited to the CTSI-approved Vehicle Sales, Service and Repair Code of Practice ensuring we operate to the highest standards of service and offering peace of mind for customers.
14.2 In the event of a dispute or disagreement arising out of or in connection with this Contract or any breach of its term, the Company and Buyer shall first use their reasonable endeavours to negotiate in good faith a settlement
14.3 Complaints must be submitted in writing to our registered office: Unit 20, Shorts Farm Business Park, Scallows Lane, West Wellow, SO51 6DX
14.4 In accordance with the Motor Ombudsman Code of Practice for Vehicle Sales, we will investigate and provide a final response within 8 weeks
14.5 If you’re not happy following the conclusion of our complaint handling procedure, we are accredited to the Vehicle Sales and Service and Repair Codes, and you can complain to The Motor Ombudsman “TMO", (https://www.themotorombudsman.org) who is our certified Alternative Dispute Resolution (ADR) provider. The Motor Ombudsman will offer free impartial information and, if appropriate, an alternative dispute resolution process in the event that you are not satisfied with the outcome of a concern. For further information, you can visit The Motor Ombudsman’s website at www.themotorombudsman.org or call their Information Line on 0345 241 3008. Calls are charged at your local rate
14.6 If your complaint refers to a vehicle which you have purchased, the buyer has the following rights:
14.6.1 If the Buyer would like to obtain a refund, this must be made in writing by letter. The request must be made within 30 days of the purchase date and the vehicle must have an accompanying independent report evidencing why the vehicle is deemed of unsatisfactory quality and that the fault was present at point of sale. The Company reserves the right to refuse requests for refund outside of the 30-day period or without clear evidence of a fault and associated report from a VAT registered repairer. The Company reserves the right to gain a second opinion either from themselves or a nominated repairer of their choosing before any decision is made. The vehicle should not have covered more than 50 miles.
14.6.2 If the complaint is outside of 30 days, the Company has the right to repair the vehicle in the event a significant fault develops that can be evidenced with an independent report from a VAT registered repairer, or from a repairer of the Company's choosing showing it was present at point of sale. In most cases, vehicles are covered by a limited warranty, in which case the Buyer is responsible for raising a claim with the warranty company. Those items not covered by the limited warranty are not deemed a significant fault and the Company has the right to refuse repair.
14.6.3 Diagnosis of an issue does not classify as repair. Some issues may require multiple rounds of diagnosis to identify a fault. The Buyer accepts used goods can develop faults at any time. The Company, warranty company or VAT registered repairer reserve the right to refuse a repair claim or rejection if a fault cannot be replicated, either through diagnostics, test drives or mechanical and electrical inspection
14.6.4 Beyond a period of 6 months following purchase, the Company has no further responsibility over the vehicle
14.6.5 It is the Buyer's responsibility to take the vehicle to any nominated repairer or the Company, and the Company shall accept no liability for such activity. It is the Buyer's responsibility to ensure they have adequate cover in the event of a breakdown
14.6.6 It is the Buyer's responsibility to obtain an independent report at their own expense
14.6.7 The Buyer may be required to fund repairs to a vehicle prior to reimbursement by the warranty company or Company
14.6.8 The Buyer must not drive a vehicle if told to do so by the Company, warranty company or by report from a VAT registered repairer. Doing so may risk further damage and invalidate any repair or refund offered by the warranty company or Company
14.7 The Company request the buyer attempt all methods as outlined above first, including the Motor Ombudsman Alternative Dispute Resolution (ADR) service, before commencing any court proceedings. The Company reserve the right to request this process be followed first
14.8 The Company shall not be liable for consequential claim under this Contract
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