Sale Terms & Conditions

Acceptance of Terms

Welcome to the Terms and Conditions of The SW Car Supermarket Group (Agreement). By entering into a contract with us you agree to abide by this agreement and by our privacy policy. These are legally binding agreements between you (the customer) and us (The SW Car Supermarket Group).

Information about us

SW Car Supermarket
Padholme Road East
Peterborough
Cambridgeshire
PE1 5XL
01733 669600
www.swcarsupermarket.uk

Sale of Goods and Services

The SW Car Supermarket Group operates under and are governed by the Consumer Rights Act 2015 and other associated legislation. In addition, we add protection for the consumer and trade who purchase goods and services from us.

Goods purchased from us over the counter may be returned undamaged and unused within 7 days, when a full refund less handling charges will be made. Thereafter we will not accept the goods back. However, goods may be exchanged for up to 30 days following purchase from us and will be bought back at a reduced price due to additional usage and ownership.

All goods and services are offered in utmost good faith.

Goods purchased online are subject to the Distance Selling Regulations, unless collected in person.

Making an Order / Payment of Deposit

In you placing an order to purchase one of our vehicles, we will ask you to deposit a sum discretionary to us of either £250 (Two Hundred and Fifty Pounds) or £500 (Five Hundred Pounds) which will enable us to remove the vehicle from sale. This deposit allows us remove the vehicle off sale and to stage into our preparation centre where it will undergo checks making it ready for collection. This deposit is only refundable to the sole discretion of SW Car Supermarket and on the basis that the customer will indemnify us defined in clause "Cancellation" against all losses inclusive of profit.

 Contract

(a) The order of a motor vehicle by The SW Car Supermarket Group at the agreed price and any allowance in respect of a motor vehicle offered by the customer incorporates the following clauses and only becomes binding after being accepted by The SW Car Supermarket Group.

(b) The order (except where varied by an agreement between the parties which is recorded in writing and signed by an authorised member of management of The SW Car Supermarket Group) shall constitute the entire contract between the parties. The legal duty of The SW Car Supermarket Group is to provide the goods as described and the consumer to examine the goods and satisfy themselves prior to acceptance of the goods.

(c) No person who is not a party to the contract may in its own right enforce any terms of the contract provided that this clause shall not affect any right of action of any person to whom this contract is lawfully assigned.

Delivery

(a) The SW Car Supermarket Group will use its power to secure a delivery date of the goods but shall be under no liability whatsoever for losses caused beyond the control of The SW car Supermarket Group.

(b) Delivery shall only become available on a date which has been mutually agreed by The SW Car Supermarket Group and the consumer. Goods will be physically delivered by The SW Car Supermarket Group to the consumer on trade premises except only where agreed by The SW Car Supermarket Group to the consumers invoice address and at the consumers cost.

Price and Payment

The consumer shall not be permitted to collect and take away the goods until the total retail price of the goods as stated on the order form/final invoice (whichever is accurate and correct) has been discharged in full (without set-off or counterclaim) unless this condition has been expressly excluded in writing by an authorised representative (management team or above) of The SW Car Supermarket Group. Time of payment shall be of the essence. The SW Car Supermarket Group shall only accept payment by cash (adhering to money laundering laws), debit card and direct bank transfers. All other forms of payments will not be accepted unless the vehicle is being purchased using a regulated credit agreement, in which case funds will be paid directly to The SW Car Supermarket Group by the finance company/credit broker directly into our business bank account. All shortfalls are to be paid in full by the consumer.

 Vehicle Preparation

All vehicles undergo a rigorous 114 point vehicle inspection and provenance checks, DVLA registration, smart retail valet, a minimum of 6 months MOT (where applicable). The provenance checks cover if a vehicle has outstanding finance owing, is stolen, cloned, written off or clocked giving you real confidence in our cars.

Administration Fee

A mandatory variable admin fee is charged as listed below:

Retail customers pay £149.
Repeat customers purchasing a 2nd car within 12 months of the original invoice date £0.
Retail customers arranging finance using brokers outside of our immediate panel of lenders £399.
Trade customers making a purchase as the motor trade £499.
Export customers including Northern Ireland and the Republic of Ireland £499.
 

Failure to collect Goods

If the consumer shall fail to collect and/or pay for the goods within 14 days of delivery then The SW Car Supermarket Group may at its option either store the goods at the consumer's cost or, upon giving the customer 7 days' notice of its intention to do so, elect to treat the contract as repudiated by the consumer and thereupon any sums paid by the consumer shall be returned less a sum equivalent to a reasonable administration fee, any damages, loss or expenses which The SW Car Supermarket Group may have suffered or incurred by reason of the consumer's default (including as a result of selling such vehicle at a lower value) and/or storage costs and The SW Car Supermarket Group shall be under no further liability to the consumer. The SW Car Supermarket Group may, at its option following such repudiation elect to return any part-exchange vehicle or to retain it at any agreed trade-in price (in which case the agreed trade-in price shall be treated as part of the sums paid for the purpose of this clause). 

Part Exchange

In the event that The SW Car Supermarket Group agrees to accept a used motor vehicle from the consumer then the consumer shall be subject to accepting the following conditions;

(a) the motor vehicle is HPI clear and must be free of outstanding finance, previous accidents/repairs, other loans made against the vehicle in return for security, must not be on the loss register against theft, stolen and recovered or on the police register;

(b) the motor vehicle will be delivered in the same condition as at the date it was examined by The SW Car Supermarket Group;

(c) the motor vehicle shall be delivered to The SW Car Supermarket Group upon collection of the goods together with all spare key sets, registration documents, service documentation, MOT certificate, service invoices, warranty documentation and all other appropriate documentation and with the registration book completed and for the avoidance of doubt the consumer shall not be permitted to collect the goods until the motor vehicle has been delivered to The SW Car Supermarket Group;

(d) title to the motor vehicle shall pass absolutely on delivery to The SW Car Supermarket Group;

(e) the exchange value quoted by The SW Car Supermarket Group shall be binding on The SW Car Supermarket Group for 14 days from the date of the order, unless a different period is stipulated in the order. The SW Car Supermarket Group at its sole discretion can choose to alter the part exchange valuation after the 14 day period has elapsed / adjust the valuation based on condition after the first visual inspection was carried out or due to natural depreciation of the vehicle.

(f) in the event of a shortfall between the adjusted part exchange valuation against the agreed order, the consumer will be liable to pay in full the shortfall to The SW Car Supermarket Group prior to take delivery or title of the purchased order.

Cherished Number Plate

In the event of a vehicle being sold to The SW Car Supermarket Group whether as an outright sale or part exchange, the consumer shall assist The SW Car Supermarket Group towards the transfer of the cherished number plate via the Driver and Vehicle Licensing Agency (DVLA). Failure to claim the cherished number plate after title of goods have been passed on to The SW Car Supermarket Group will remain the property of The SW Car Supermarket Group and no liability will be taken The SW Car Supermarket Group.

Warranty

The SW Car Supermarket Group shall use all reasonable endeavours to pass the benefit of any manufacturer's warranty (where applicable) on to the customer. The manufacturer's warranty does not apply if and to the extent that the defect is caused or worsened by one of the following circumstances:

(a) after discovering the defect the consumer has failed either to inform The SW Car Supermarket Group or to have the defect examined by a Dealer (authorised main agent) without reasonable delay;

(b) has failed to give a Dealer the option to repair the goods without reasonable delay;

(c) the goods or any part thereof have been subject to misuse, negligence, or accident or use for racing or similar sports;

(d) if the Goods have been repaired or maintained and that repair or maintenance has not been carried out by or through a Dealer and/or to the manufacturer's recommendations;

(e) parts have been installed into the goods the use of which have not been approved by the manufacturer or if the goods have been altered or modified in a manner not approved by the manufacturer;

(f) instructions concerning the treatment, maintenance and care of the goods have not been adhered to.

(g) The SW Car Supermarket Group will not be held liable for expiry and/or the manufacturer’s warranty becoming null/void for any reason. This is outside the control of The SW Car Supermarket Group and all parties should make contact directly with the manufacturer prior to placing an order.

(h) In the case of the goods being a second-hand vehicle, The SW Car Supermarket Group shall transfer to the customer the unexpired portion of the manufacturer's warranty (if any) together with any used car warranty made available (discretionary to The SW Car Supermarket Group) with respect to the goods as stated on the front of the order. The consumer acknowledges that in the case of the goods being a second-hand vehicle the goods will be sold subject to such wear and tear as is reasonable for a vehicle of its age, type, usage and mileage; and subject to paintwork and/or bodywork repairs that may have been carried out to it.

Goods which have been sold to the consumer without accessories such as vehicle mats, spare keys, SD Cards / CD / Multi Media Interfaces for the use of navigation purposes are not to subject to warranty and The SW Car Supermarket Group will not be held liable for this unless the accessories were listed within the advert on The SW Car Supermarket Group’s website only. 

The Vehicle

The vehicle may previously have been used as a lease or rental vehicle or have had multiple users. We do not obtain details of the vehicle's previous use, but the majority of our vehicles have been used for business purposes. We will provide you with any additional information about the vehicle that we can on request so if you have any questions about the previous use of the vehicle or have specific requirements we advise you to discuss these with us before placing your order.

Examination of Goods and Reliance

Prior to signing the order form the consumer shall examine the goods (if such are available for inspection) and satisfy itself in full prior to making payment/commitment. If the goods are sold subject to defects and have been notified by The SW Car Supermarket Group to the consumer prior to the signing of the contract, then no liability will be accepted by The SW Car Supermarket Group. The consumer confirms that it has satisfied itself as to the suitability of the goods for its requirements and has not relied upon The SW Car Supermarket Group skill or knowledge regarding the goods fitness for any particular purpose or use.

Claims

Without prejudice to the terms of the warranty, where any valid claim in respect of the goods is brought to the attention of The SW Car Supermarket Group for defects or workmanship of the goods then The SW Car Supermarket Group shall be entitled at its sole discretion either to replace or repair the goods (or the part in question) or to refund to the customer the price of the goods (or a proportion part of the price), but The SW Car Supermarket Group shall have no further liability to the consumer. The SW Car Supermarket Group will not be liable where any defect results from or is worsened by wear and tear or any similar circumstances.

Sale to Intermediaries or Third Parties

The consumer confirms that it is not purchasing the goods as an intermediary or reseller unless specifically agreed by The SW Car Supermarket Group to the contrary. The SW Car Supermarket Group may at its discretion refuse to change the consumers details or identity on the order or register the goods to anybody other than the consumer.

Consumers using third party finance brokers, one’s which fall outside of our agreed panel of lenders (brokers such as Car Finance 24/7, Zuto etc that pay funds direct to The SW Car Supermarket Group on the consumers behalf), are subject to a processing fee of £399 (inclusive of VAT). This fee covers all admin costs which are forwarded to us by the broker. The £399 processing fee is non-refundable upon completion of a valid transaction.

 7 Day Money Back Guarantee

The 7-day money back guarantee applies to retail customers only and strictly excludes vehicles purchased for the trade or any commercial use inclusive of taxi use. Consumers looking to exercise this guarantee must abide by the terms set below. This does not affect your statutory rights.

All returned vehicles are subject to a returns fee of £495 and must be returned to us in the same merchantable quality and condition or a retail ready condition. Additional charges may apply against vehicles which do not meet these criteria and will be calculated on a fair basis in order to return any damage to its original retail condition.

Vehicles must be returned to our Head Office address, SW Car Supermarket, Padholme Road East, Peterborough, PE1 5XL. We will not collect the vehicle/s. All documents and keys supplied on sale inception must be returned to us in full.

The 7-day money back guarantee will be claimed no more than once for each consumer and will become void after this point.

Vehicles purchased using a third-party broker (such as Car Finance 247, Zuto, and all external finance brokers or finance companies) are subject to a £399 processing fee which are strictly non-refundable.

We will aim to identify any queries to facilitate the 7-day money back guarantee and will assist you to choose an alternative suitable vehicle to fit.

We will transfer the purchase of all additional insurance products i.e. Gap/Return to Invoice policies, Warranty polices, Service Plan policies, Paint Protection policies to the alternative purchased vehicle. Strictly no refunds will take place on the purchase of a Full Service or Paint Protection.

Vehicles purchased on credit are eligible to the 7-day money back guarantee only under conditions where we are able to arrange funds from our panel of lenders in order for you to purchase the alternative vehicle from The SW Car Supermarket Group. Consumers who arranged funds using lenders outside those who sit on The SW Car Supermarket Group’s agreed panel of lenders will need to arrange suitable funds to ascertain the new alternative vehicle. Failure to secure suitable funds will void your claim and no refunds will take place. Consumers are liable for all shortfalls. 

Price Match Promise

If you see a similar vehicle at another main agent or car supermarket at a lower price, then we will price match that price at our sole discretion subject to the following conditions;

(a) the alternative vehicle must be the same age (i.e. 67 plate) and the exact same specification (inclusive of factory fitted options) as The SW Car Supermarket Group vehicle.

(b) must have the same or lower mileage than The SW Car Supermarket Group vehicle. The mileage MUST be warranted and proof of this must be shown on receipt of any claims.

(c) a written quote must be presented as evidence of all claims made against The SW Car Supermarket Group. Price Match Promise is only valid against a vehicle marketed with a maximum of a 30-mile radius from our business postal code (PE1 5XL). The quote must be dated prior to and/or on the same day of purchasing one of our vehicles, and The SW Car Supermarket Group must be able to verify the availability of the vehicle either by examining the alternative dealer’s website, or physically inspecting in person. The alternative vehicle must be available for immediate purchase and physically located within a 30-mile radius of PE1 5XL.

(d) the price promise is valid against a comparable car at a main agent or a car supermarket dealer only. Dealers trading from home or non-permanent premises will not be considered. Private cars for sale are strictly excluded.

(e) the alternative vehicle must have the same Specification as the The SW Car Supermarket Group vehicle and must match all optional extras elected to the manufacturer when ordered new. The condition of the alternative vehicle must match exactly or in any event show a better condition when compared to The SW Car Supermarket Group vehicle and a condition report maybe requested at the sole discretion of The SW Car Supermarket Group.

(f) the alternative vehicle must match the quality and provenance of The SW Car Supermarket Group vehicle i.e. the 114-point inspection check, interior and exterior condition, vehicle detailing and professional smart retail valet and must be totally free from mechanical defects meeting merchantable retail quality as The SW Car Supermarket Group vehicle.

(g) the price match does not apply in cases where the alternative vehicle is being offered at a CAP clean / Glasses Guide trade price or lower price. CAP and Glasses are a guideline used by the motor trade industry to determine monthly trade prices and disposals of vehicles in the UK mainland. 

Loan Cars

Whilst your vehicle is within the care of The SW Car Supermarket Group (i.e. under repair, warranty or inspection) it is not law to provide consumers with a loan vehicle. Loan vehicles are made subject to availability at the sole discretion of The SW Car Supermarket Group and will only be loaned to consumers when booked in advance. Loan cars are subject to terms and conditions and once entered into contract will become legally binding. These can be obtained in store prior or at the time of making a booking. All loan cars are subject to a refundable £250 deposit when the loan car is returned in the original condition and will be added to our The SW Car Supermarket Group road risk insurance policy.

Cancellation

Except as provided by law, orders made by the consumer to The SW Car Supermarket Group may be cancelled except on terms that the consumers deposit shall be forfeit and further that the consumer shall indemnify The SW Car Supermarket Group in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by The SW Car Supermarket Group as a result of cancellation.

Defective Goods

Without prejudice to clause "Warranty" above any claim by the consumer which is based on any defect in the quality of the goods must be notified to The SW Car Supermarket Group within 7 days of purchase. The consumer shall satisfy itself by examining / testing / test driving the goods (although all reasonable care and attention has been taken by The SW Car Supermarket Group to ensure the merchantable quality of the goods) prior to making commitment or entering into a contract. Should the consumer not notify The SW Car Supermarket Group of such defects with 7 days, then the consumer shall be deemed to have accepted the goods.

Advertising

The data displayed within our adverts (on the website or in store) details the specification of the vehicle from the manufacturer when manufacturer new. We subscribe to third party data agencies (such as CAP/HPI) to retrieve this information. We will not be held liable for sudden changes made by outside agencies to the road fund licence, model variations or anything miscellaneous, therefore we recommend that you physically check the specification of the vehicle on site prior to purchase. This information does not form part of the buying contract with The SW Car Supermarket Group. We accept no legal liability for any errors, omissions or inaccuracies.

 Liability

The SW Car Supermarket Group shall not be liable to the consumer under the terms of this contract, for (a) loss incurred by the consumer as a result of third party claims (b) loss of profits (c) loss of personal / business savings (d) damage to reputation (e) consequential damage of any nature.

Data

The SW Car Supermarket Group operates within the guidelines of the Data Protection Act and is commissioned by the Information Commissioners office (ICO) for data storage and usage. Under this contract the consumer shall consent permission to The SW Car Supermarket Group for the filing and use of the consumer’s personal data only to be used for direct marketing of offers, products and services which may benefit the consumer, and will not be sold to third parties. The SW Car Supermarket Group abides by all GDPR laws.

Applicable Law

This contract shall be governed by the Laws of England and Wales and the parties shall submit to the jurisdiction of the English Courts.

 

Transport For London

Cars need to meet minimum emission standards when travelling in the Ultra Low Emission Zone (ULEZ) or the daily charge must be paid.

Minimum emission standards

Petrol: Euro 4
Diesel: Euro 6

The ULEZ will be enforced based on the declared emissions of the vehicle rather than the age. However:

Information from Transport For London

Check this car on the TFL website before purchasing: https://tfl.gov.uk/modes/driving/ultra-low-emission-zone/vrm-checker-ulez

SW Car Supermarket

To save timely negotiation all our cars are heavily discounted upfront and offered nearer cost price, saving customers up to £2000 when compared to our competition. This ensures we are treating every customer the same. This fee is a compulsory fee and applies to all customers.

Variable admin fee is charged as listed below:

  1. Retail customers pay £149.
  2. Repeat customers purchasing a 2nd car within 12 months of the original invoice date £0.
  3. Retail customers arranging finance using brokers outside of our immediate panel of lenders £399.
  4. Trade customers making a purchase as the motor trade £499.
  5. Export customers including Northern Ireland and the Republic of Ireland £499.
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