TERMS & CONDITIONS
These Terms and Conditions apply to your use of this Website, the information available on this Website, and to any transaction carried out using this Website and by accessing this Website, you agree to be bound by them. This Website is provided for the benefit of obtaining information related to the automotive industry in the UK for New, pre-registered and pre-owned vehicle purchase quotations, Contract Hire,Rental and a range of Finance quotations for vehicles supplied from the United Kingdom. If you do not agree to be bound by these terms and conditions, you may not use or access this Website and we have the rightto restrict or prevent your access to the Website.
Vortex Vans and vortexvans.co.uk are trading styles of Crusader Vehicles Limited for the purpose of this agreement and clarity of definition. The User of the Website i.e. the registered and logged in party that is utilising the Vortex Vans website; www.vortexvans.co.uk or any subsequent URL which may replace it and also any related software or appertaining software, will be termed User. Once a User becomes a Customer i.e.purchases/leases/rents a vehicle from Crusader Vehicles Limited, the User shall be termed as Customer. Conditions means these terms and conditions as detailed herein; Website and Site means the Website located at www.crusader-vans.co.uk or www.vortexvans.co.uk or any subsequent URL which may replace it.
Purchase or Contracted / Vehicle and Contract and Document means any binding agreement to which the Customer has entered intowith Crusader Vehicles Limited with regard to the supply of anyvehicle/s. Driving Agency means any party nominated by Crusader Vehicles Limited to deliver any vehicle to the Customer. Nearly New Vehicles means any vehicles that are not supplied as new to from Crusader Vehicles Limited or vice Versa. Pre reg vehiclesmeans Nearly New Vehicles that are pre registered with delivery mileage. Terms related to Pre Reg vehicles means only supplied inaccordance to manufacturers supply terms.
Pre Contract Order Confirmation means the signed quotation provided by the Customer to Crusader Vans that accompanies the finance application documentation that forms the part a binding agreement ofsale if the terms and conditions and supply terms are fair and reasonable. Appertaining Invoice means any invoicing schedule relating to the Customer Agreement with Crusader Vehicles Limited which in itself is abinding agreement. Invoices will be deemed to have been given at thetime of delivery (if delivered by hand) or two working days after postingif sent by pre paid first class post or seven working days after posting ifsent by airmail post. For avoidance of doubt the Customer may beeither a Company or a Person which shall be determined by theCustomer’s declaration verbally or on-line or in writing or otherwise.
- Vehicle quotations and supply terms that incorporate or offer anyform of credit, finance, contract rental option, or otherwise is subject toterms and acceptance of Crusader Vans and/or their participating dealeror finance company. Crusader Vans or their Allocated Finance Companywill make searches at credit reference agencies who will supply Crusader Vans with credit information, as well as information from the Electoral Register.
- Quotations will remain valid for a period of 14 days, except in theevent of:
Changes in market interest rates, Changes in market conditions thatresult in movement in vehicle residual values, Manufacturer Price Changes, Nearly New vehicles are sold, Errors in data however sooccasioned that result in miscalculation of the quotation.
Although Crusader Vans will make every effort to maintain the validity ofquotations, Crusader Vans reserve the right to remove or withdraw quotations or orders based upon said quotations supplied by Crusader Vans to the Customer without notice.
- 2 Crusader Vans reserve the right to withdraw, decline, or accept anyquotations produced, either by quotation system, verbally, by post, byfacsimile or by electronic mail.
DOCUMENTATION AND ORDERING
3.1 All proposals are subject to terms and acceptance of CrusaderVehicles Limited or their participating dealer or finance company.
3.2 Where Finance is required by The Customer, the Customer will place a Pre-Contract Order Confirmation with Crusader Vans along with the Customer details that are relevant to obtaining said finance, where upon when finance is accepted the Customer will be notified of any conditions of finance approval and approximate delivery times and should this information be acceptable to the Customer then Crusader Vans willplace the form order on said vehicle accordingly, where upon the Customer is bound to the terms of the order and the terms and conditions detailed herein.
3.3 Under no circumstances is the Customer to place orders with dealers for vehicles on behalf of Crusader Vans; or issue instructions to deliver vehicles. On, and not before receipt of all required legal documentation and cleared initial deposit / payment funds, Crusader Vans will issue release instructions in writing to the supplying dealer for the vehicle to be delivered.
3.4 In the event that a Customer places vehicle orders and /or issues delivery instructions to the supplying dealer, Crusader Vans reserve the right not to accept such instructions & pursue losses based on such action forthwith and/or plus any amount that Crusader Vans sees at with a minimum penalty of 1,000 plus V.A.T. at the then prevailing rate.
3.5 Crusader Vans reserve the right to recharge these monies to the Customer along with related administration costs which will be solely at Crusader Vans discretion & may vary from time to time & without notice.
3.7 In the event that the order is cancelled once contracts have been dispatched and/or exchanged, and orders placed with the supplyingdealer, the Customer accepts full liability for any cancellation charges levied by the supplying dealer or manufacturer.
3.8 Where an order is placed and contracts signed by the Customer for avehicle that is subject to lengthy lead-in delivery, Crusader Vans reserve the right to change the quoted rental based on 1) market changes ininterest rates; or 2) market changes in residual values: or 3)manufacturer price changes.
3.9 Crusader Vehicles Limited and / or their participating dealer or finance companies reserve the right to accept or decline any credit application, change or vary the Customer’s credit assessment which mayaffect the initially quoted costs.
3.10 The Customer will be required to provide Crusader Vans withproofs of identity that will be requested by Crusader Vans at the irdiscretion and shall be solely determined by Crusader Vans and/or their participating finance company / dealer to establish the identity of theCustomer as they feel necessary.
4.1 It is expressly agreed between the parties that the provisions of this Agreement are reasonable and do not interfere with freedom of action by any party that enters into this Agreement with full knowledge of all the provisions hereof and the Customer acknowledges that all such provisions are fair & reasonable.
4.2 The Customer is aware that in connection with any finance or vehicle acquisition transaction and/or application Crusader Vans will carry out a credit check with one or more licensed credit reference agencies who will retain a record of that search, by agreeing to these terms this authority is automatically given to Crusader Vans.
4.2.1 In the event of default, this will also be recorded with the relevant agencies. This information may be used by other lenders when assessing credit for any person within that household and/or the company itself and also for occasional debt tracing and/or fraud prevention purposes.
4.3 In the event of Cancellation of any Purchase or Contract document agreed & signed for by the Customer, whether on Crusader Vans approved quotation document or otherwise i.e. verbally or written or viathe Website, cancellation fees will apply which will amount to a minimumof (but shall not be exclusive to) The Initial Payment as agreed by the Customer and/or any loss of profit or anticipated loss of profit (to whichCrusader Vans does not have the responsibility of mitigating such loss of profit by simply arranging to place the vehicle or honour the contractelsewhere but will treat loss of profit as on the particular vehicle orcontract to which the Customer has agreed regardless of circumstance)and shall vary at Crusader Vans discretion depending upon circumstanceand/or any other miscellaneous losses or claims that Crusader Vans sees at under such circumstance.
FINANCE AND LEASING
5.1 If the Customer buys a vehicle from Crusader Vans using finance from a third party or through a leasing company the Customer will also be subject to terms and conditions imposed by the finance or leasing company.
6.1 When the Customer places an order with Crusader Vans the Customer acknowledges that the vehicle will be delivered to the Customer free of charge to an address in mainland Great Britain by a driver of Crusader Vans choice and not delivered on a transporter or trailer unless otherwise requested, where upon the Customer understands that there will be cost implications that will be quoted separately by Crusader Vans and must be agreed and paid for by the customer prior to said delivery.
6.2 The Customer acknowledges that it is the Customer’s responsibility to ensure that the vehicle condition is signed for appropriately upon handover and Crusader Vans will accept no liability for any damage incurred as a result of the journey and/or any damage not noted upon delivery, although should any damage incurred as a result of the journey be proven, Crusader Vans will make the appropriate insurance claim where necessary either via Crusader Van?s insurance company or the Driving Agency?s named insurer in which case the Driving Agency will be responsible for such a claim and Crusader Vans will not be held responsible.
6.2.1 The customer is aware that when the vehicle is delivered it may not be perfectly clean and may have suffered wear and tear as a result of the journey. The Customer accepts that Crusader Vans will not be liable for such wear and tear unless caused as a direct result of negligence.
6.2.2 Where one of Crusader Vans nominated drivers has delivered the vehicle to the Customer, the mileage shown on the odometer of the vehicle will increase from the mileage indicated on any initial orde documentation supplied by Crusader Vans, to redirect the mileage incurred during the journey and will be indicative of the journey in miles from any supplying dealer’s destination and also taking into account and mileage incurred from the vehicles original destination when manufactured and road tested or brought into the United Kingdom where applicable.
6.2.3 Crusader Vans will endeavour to deliver the vehicle by the dates specified in any confirmation of acceptance of any customer order, but Crusader Vans will not be liable to the Customer for any delay in delivery or for any loss (including loss of enjoyment, use and prompt), costs,damages, charges, expenses or otherwise caused directly or indirectly by any delay in delivery.
6.3 The Customer may not take delivery of the vehicle until the purchase price has been paid in full and via cleared funds to Crusader Vans.
7.1 If any of the following occur and, where the breach is capable of remedy, the Customer has not done so within 7 days of receiving a written notice from Crusader Vans to that effect, Crusader Vans may terminate the contract:
7.1.1 Crusader Vans reasonably believe that the contract has been formed upon the basis of a typographical or arithmetical error (including but not limited to the purchase price or part-exchange valuation);
7.1.2 The Customer fails to pay the purchase price and any other sums due to Crusader Vans under these Terms and Conditions before or when the vehicle is available for delivery;
7.1.3 Where the Customer has agreed to collect the vehicle, and failed to collect it within 14 days of the agreed date for collection;
7.1.4 Where the Customer has not agreed to collect the vehicle, and the Customer does not collect the vehicle within 7 days of the date that the vehicle is available, Crusader Vans will notify the Customer that the vehicle is available for delivery or collection and re-agree a date and nominate an address in mainland Great Britain for Crusader Vans to deliver the vehicle to the Customer within a maximum of a further 14 days;
7.1.5 for any reason the Customer is unable to accept delivery of the vehicle at the nominated address in mainland Great Britain on the agreed date for delivery and the Customer did not give Crusader Vans More than five working days notice that the Customer would not be able to accept delivery on that date; or
7.1.6 the Customer is in breach any of these Terms and Conditions.
7.2 In the event of Crusader Vans having to give the Customer notice under any terms within this agreement, Crusader Vans may store the vehicle or have it stored by a third party on such terms as Crusader Vans deem at, with the reasonable costs of such storage and any additional transportation to be paid by the Customer until Crusader Vans deliver the vehicle to the Customer.
YOUR RIGHT TO CANCEL
8.0 If you choose to cancel your vehicle order, between signing your order form and taking delivery of the vehicle, we will charge a cancellation fee to cover the costs associated of administering your order. Our cancellation fee is a fee for all customers and is applicable at the point of signing your order form with a valid credit acceptance inplace. It is always our aim to treat customers fairly and as such, we will waive the cancellation fee, should you choose to cancel your vehicle order as a result of the delivery date of your vehicle, slipping 30 days or more, past the anticipated delivery date as agreed on your order. Our Cancellation fee amount can be found in our Information Notice here.
8.1 The Consumer Protection (Distance Selling) Regulations 2000 provide you with a right to cancel the contract at any time up to the end of the seventh working day beginning with the day after the day on which you receive the vehicle. Working days excludes weekends and bank holidays.
8.2 If you wish to cancel the contract you must write to Crusader Vans at Crusader Vehicles Limited, Crusader House, High Street, Buxted, EastSussex, TN22 4LA and post by Guaranteed or special delivery or some form of postage that is traceable via the Postal System.
8.3 If the contract is cancelled by the Customer in accordance with these Terms and Conditions after delivery of the vehicle Crusader Vans will give the Customer the option of returning the vehicle to Crusader Vans head office at Crusader Vehicles Limited, Crusader House, High Street,Buxted, East Sussex, TN22 4LA (or such other location as we will notify to you) at your expense or permitting us to collect the vehicle from you,in which case we will charge you ?250 plus VAT to meet our direct costs of recovery, in both cases within 10 days of the date of cancellation.
8.4 At the time of return or collection of the vehicle the Customer must provide to Crusader Vans all keys, the V5 registration document and all optional equipment and accessories and other documentation and items supplied with the vehicle.
8.5 If the Customer cancels the contract following delivery of the vehicle the Customer must take good care of the vehicle until such time as the vehicle is in Crusader Vans control and agree that any such necessary arrangements will be made until the vehicle is returned (as per clause 10.4).
8.6 Crusader Vans will return all sums paid by the Customer in relation to the cancelled vehicle less any sums deducted pursuant to the terms and conditions herein and any sums which relate to a service which Crusader Vans have already begun to provide at the date of cancellation which will be determined by any relevant appertaining contract and/or verbal agreement between Crusader Vans and the Customer. This Relates to but is not limited to any winding up fee imposed on Crusader Vans by the supplying finance company for cancelled finance agreement once delivery has taken place.
8.7 If Crusader Vans have taken possession of a part-exchange vehicle from the Customer when the Customer cancels the contract Crusader Vans may, subject to terms and conditions herein and at our option return the part-exchange vehicle to you or pay to you a sum of money equal to the part-exchange valuation taking into account any depreciation as per current market guidelines.
8.8 If the Customer buys a vehicle from Crusader Vans through a finance company and the Customer cancels the contract, the Customer’s notice of cancellation must be served not only to Crusader Vans but also to the finance company supplying the finance. The Customer will be bound by the individual Terms & Conditions laid out by that finance company in respect of cancellation of the agreement and the Customer will be liable for any costs incurred as a result of that cancellation.
8.9 The Customer will not be entitled to cancel the contract if:
8.9.1 the vehicle has suffered any damage whatsoever which was not caused by Crusader Vans unless Crusader Vans decide to accept return of the vehicle and agree an appropriate reduction in the amount of money to be returned to the Customer following cancellation to fairly and adequately compensate us for the cost of repairing the damage to the vehicle and/or any reduction in value of the vehicle;
8.9.2 the Customer is unable for any reason or refuses to return the vehicle to us or permit us to collect the vehicle in accordance with the terms and conditions herein;
8.9.3 the vehicle has been made to the Customer specifications orpersonalised;
8.9.4 the Customer fails to take reasonable care of the vehicle, which for the avoidance of doubt includes increasing the mileage shown on the vehicles odometer by more than 100 miles compared with the reading recorded on the vehicle handover checklist which we will provide to you on delivery of the vehicle.
8.9.5 The vehicle is ordered by a company and not a person
DESCRIPTION AND PICTURES ON WEBSITE
9.1 All drawings, photographs, illustrations, descriptions and advertising material on the Crusader Vans website are published only to give you an approximate idea of the vehicles for sale and do not form part of the contract between Crusader Vans and the Customer. All manufacturers reserve the right to change any vehicle specification without prior notice or warning. As such, Crusader Vans will not be held responsible or liable for any changes in specification.
9.2 It is the customers responsibility to ensure that the specification of the vehicle that has been ordered, meets the specification that they are expecting. An order is secured by way of signing a Crusader Vehicles Ltd order form, which will show the make, model, derivative, factory opted options and dealer opted options. It is the customers responsibility to check that the standard specification of the vehicle is what the customer is expecting and requires, to carry out the intended use and Crusader Vehicles Ltd will not be held liable whatsoever for losses incurred due to assumptions, changes or missing specification.