Mercedes-Benz Hertfordshire
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Terms and Conditions
Mercedes-Benz of Hemel Hempstead
Business Premises
means any of our business locations;
Consumer
means an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession;
Distance Contract
means a contract concluded between us and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of us and the consumer and with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
Off Premises Contract
has the meaning given to it in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013;
Customer, you, your
means the person named as the customer in the enquiry form and/or Reservation;
Order
means a separate contract for purchase of a vehicle by you subject to different terms and conditions;
Reservation
means the Customer’s expression of interest in a vehicle which is governed by these Terms and Conditions
Reservation Fee
means the fee paid by Customer to us for the Reservation
Reservation Period
means a period of 48 hours commencing on confirmation of Reservation by us.
Seller, we, our, us
means L&L Inc Limited [MJ1] trading as Mercedes-Benz of Hertford, Mercedes-Benz of Bishop’s Stortford & Mercedes-Benz of Stevenage, with company registration number 4415393 and our registered office is at Foxholes Business Park, John Tate Road, Hertford, Hertfordshire SG13 7LB;
Terms and Conditions
means the terms set out in this document which govern the Reservation.
2.1 Once you have found a vehicle you would like to reserve, you should follow the online process and pay the required Reservation Fee.
2.2 Once you have completed payment of the Reservation Fee, you will receive [by email] confirmation of;
2.2.1 receipt of your Reservation Fee;
2.2.2 your Reservation; and
2.2.3 when the Reservation Period ends.
2.2 Please note that at this stage your request to reserve your chosen vehicle has been accepted, however, it is not a guarantee to purchase the vehicle. Payment of the Reservation Fee notifies us of your interest in your chosen vehicle only.
2.3 Please note that you are unable to accessorise or add optional extras to your chosen vehicle at this stage. Please contact us to discuss this further.
3. Payment of the Reservation Fee.
3.1 The payment of a [£995] reservation fee (or other such sum that shall be notified by us from time to time) (the “Reservation Fee”) notifies us of your interest in your chosen vehicle.
3.2 Payment of the Reservation Fee reserves your interest in your chosen vehicle with us for the Reservation Period.
3.3 Please note that payment of the Reservation Fee does not amount to a deposit for the purchase of your chosen vehicle and does not prevent the vehicle from being sold or withdrawn from sale at any time prior to you purchasing or entering into a finance agreement in relation to the vehicle. Where this is the case, we may offer you an alternative vehicle of a similar specification.
3.4 Payment of the Reservation Fee is accepted by [credit card and debit card via PayPal or Sage Pay and as set out on the Website via our payment provider codeweavers]. Payment of the Reservation Fee will be taken using the payment card you put forward and you confirm to us that you are authorised to use the payment card that you provide to make the Reservation Fee. We may carry out security checking to confirm that this is the case. Please note that codeweavers have their own terms of use and privacy policy, which you can find here
3.5 We are not responsible for any charges or penalties which may be imposed by the payment provider/card issuer in connection with the Reservation Fee as a result of payment being processed and cannot be held responsible for any processing. We do not accept any liability in relation to the processing of your Reservation Fee.
4. Reservation
4.1 Once the reservation has been processed and your Reservation Fee has been paid, your chosen vehicle will be reserved for the Reservation Period.
4.2 During the Reservation Period we will make contact with you in order to arrange a viewing and/or test drive. Where your chosen vehicle is no longer available we may offer you a vehicle of a similar specification.
5. Cancellation and Refund of the Reservation Fee.
5.1 If your chosen vehicle is no longer available: If your chosen vehicle is no longer available the Reservation Fee will be refunded to you. We do not accept any liability for failure to supply your chosen vehicle, including any costs incurred by you in travelling to or from us.
5.3 Your Reservation Fee will be refunded using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees because of the reimbursement.
5.4 Please note that the refund of the Reservation Fee may take up to 10 working days. We accept no responsibility for any delay in your refund being processed.
5.5 We are under no obligation to refund the Reservation Fee save as set out above.
5.6 Where we cancel a Reservation and/or refund your Reservation Fee, we shall not have any other liability to you.
6. Distance & Off Premises Sales- your further right to cancel
6.1 Subject to clause 6.4, if you are a Consumer and if your contract to purchase the Reservation is an Off-Premises Contract or a Distance Contract you have the right to cancel this Agreement within 14 days after the day on which the contract to provide the Reservation is entered into. To exercise this right, you must inform us in writing at our contact address detailed in this Agreement.
6.2 To meet the cancellation deadline, it is enough for you to send us your communication concerning your exercise of the right to cancel before the cancellation period has expired. You are not required to, but you may use the model cancellation form below to communicate your cancellation request to us.
Model cancellation form.
To: L&L Inc Limited trading as Mercedes-Benz of Hertford, Mercedes-Benz of Hemel Hempstead, Mercedes-Benz of Bishop’s Stortford & Mercedes-Benz of Stevenage, Foxholes Business Park, John Tate Road, Hertford, Hertfordshire, SG13 7LB.
I/We [*] hereby give notice that I/We [*] cancel my/our contract of sale of the following goods [*] / for the supply of the following service [*], Ordered on [*] / received on [*],
[Name of consumer(s)], [Address of consumer(s),]
[Signature of consumer(s) (only if this form is notified on paper)],
[Date]
[*] Delete as appropriate
6.3 If you cancel this Agreement in accordance with clauses 6.1 and 6.2, we will reimburse to you all payments received from you without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel the Reservation.
6.4 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees because of the reimbursement.
6.5 By the very nature of the Reservation service, you are asking us to effect the Reservation during the cancellation period set out in clause 6.1 and as such, by paying the Reservation Fee and agreeing the Reservation, you are expressly waiving any rights of cancellation and reimbursement you may have under this clause 6.
7. Alternative dispute resolution
7.1 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you have a complaint about any aspect of the service we have provided, please contact us. You may be eligible to submit a complaint to the Consumer Ombudsman Service, by writing to Consumer Ombudsman Service, PO Box 1263, Warrington, WA4 9RE, by calling 0333 300 1620 or by emailing complaints@consumer-ombudsman.org. The Consumer Ombudsman Service will not charge you for making a complaint. Further information can be found at www.consumer-ombudsman.org.
7.2 European Online Dispute Resolution Platform. Consumers inside the EU now have access to a web-based platform created by the European Commission - the European Online Dispute Resolution Platform ("ODR"). The ODR is a resource dedicated to the out-of-court resolution of disputes in relation to contractual obligations arising out of online purchasing agreements and can provide assistance if there is a contractual dispute.
8. Purchase of a vehicle
8.1 Should you proceed to purchasing a vehicle, this will be subject to a separate Order which contains it’s own terms and conditions.
9. Use of your Personal Information
9.1 We will use the personal information you provide to us:
9.1.1 to process your payment of the Reservation Fee;
9.1.2 to make contact with you to discuss your chosen vehicle and arrange a test drive and/or viewing; and
9.1.2 if you agreed to this during the reservation process, to give you information about similar products or services that we provide, but you may stop receiving this at any time by contacting us.
9.2 We will only give your personal information to other third parties where the law either requires or allows us to do so.
9.3 We will process any personal data in accordance with our Privacy Policy (as updated from time to time).
10. Contact
10.1If we have to contact you we will do so by telephone or by writing to you at the email address or postal address associated with your Reservation.
10.2If you have any queries about your Reservation, please contact us on [ ]
11. General
11.1This Agreement constitutes the entire agreement between you and us in relation to the Reservation. No other terms apply.
11.2You acknowledge that details, images, descriptions of the vehicles on any website or in brochures are for illustrative purposes only. We shall not be liable in respect of any negligent or innocent omission or misrepresentation, save where we cannot legally limit or exclude such liability.
11.3The price of the vehicles shown are on the road prices, except in the case of obvious error. All prices on the Website include VAT at the rate of 20%. Please note that all prices, (including the current rate of VAT and any other applicable taxes) are subject to change, even where a Reservation has been made and a Reservation Fee has been paid.
11.4If any of the terms in these Terms and Conditions are found by a court, tribunal or other administrative body to be unenforceable or invalid for any reason, that provision is to be removed from these Terms and Conditions and the remaining these Terms and Conditions will remain in full force.
11.5This Reservation and these Terms and Conditions are not enforceable by any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
11.6These Terms and Conditions will be governed by the law of England and Wales and is subject to the exclusive jurisdiction of the English Courts.