Terms of service.

Terms and Conditions

Last updated: November 30, 2022 - Please read these terms and conditions carefully before using Our Services.

TERMS AND CONDITIONS OF BUSINESS

USED VEHICLE SALES

(NOTHING IN THIS DOCUMENT SHALL RESTRICT THE STATUTORY RIGHTS OF A CUSTOMER)

GENERAL

1. These terms and conditions together with the details set out on the invoice are intended to contain all the terms of the agreement (the “Agreement”) between us (the vendor) and you (the purchaser) relating to the sale and purchase of your used vehicle (the “Vehicle”). If you wish to rely on any amendment or addition, you should ensure it is confirmed in writing by one of our team. If we agree any variation in the Vehicle to be supplied, this shall be deemed to be an amendment to this Agreement rather than a new agreement.

2. You must provide us with any information we need in order to comply with money laundering legislation, and you guarantee the accuracy of the information so supplied.

3. You may arrange for a finance company to purchase the Vehicle from us for the Purchase price. The Vehicle will then be delivered to the order of such finance company and all references to delivery of the Vehicle shall be construed accordingly. The provisions of this Agreement relating to the Part Exchange Vehicle (if any) shall continue to apply but we shall account for the Part Exchange Allowance and any deposit paid under this Agreement to the finance company on your behalf.

PRICE

4. The Purchase Price is the price for the Vehicle, including where applicable accessories, vehicle excise duty, delivery and VAT, current at the date of the order. If the rate or amount of vehicle excise duty or VAT changes between the date of order and the date of delivery, you must pay the amount current at the date of delivery.

PART EXCHANGE VEHICLE

5. If we have agreed to accept a Part Exchange Vehicle at an agreed value in part payment of the Purchase Price, we shall only be bound to do so if the Part Exchange Vehicle is :-

(a) Free from any hire purchase agreements, charges or other encumbrances (together “Encumbrances”) which you did not disclose to us before the date of order (b) Delivered to our place of business before we deliver the Vehicle to you (c) In the same condition (subject to only wear and tear and reasonable increase of mileage) on delivery to us as it was when we examined it before agreeing the Part Exchange Allowance and (d) Free from any problems or difficulties except those specifically brought to our attention when we agreed to accept the Part Exchange Vehicle; and you have full title to the Part Exchange Vehicle.

If you fail to satisfy any of the above conditions, we will not be obliged to accept the Part Exchange Vehicle or to allow the Part Exchange Allowance against the Purchase Price and you may be required to pay the full Purchase Price before you can take delivery.

6. If the payment required to release the Part Exchange Vehicle absolutely from any Encumbrances is greater than the amount you disclosed to us before the date of order, or if the Part Exchange Vehicle is delivered in a worse condition or with an unreasonable increase in mileage, we may nevertheless in our discretion agree with you in a reduced Part Exchange Allowance and accept the Part Exchange Vehicle.

TRANSFER OF OWNERSHIP AND RISK

7. The Vehicle will continue to belong to us until the total Purchase Price has been paid in full and the Purchase Price has been received by us in the form of cleared funds. You will, however, be responsible for any loss or damage from when it is delivered to you or delivered into custody on your behalf, and shall insure it accordingly. Ownership of the Part Exchange Vehicle will transfer to us when you take delivery of the Vehicle.

WARRANTY

8. Your Vehicle is sold “as seen” and all warranties, conditions and other terms concerning the state and condition of the Vehicle which may be implied by law are, to the fullest extent permitted by law, expressly excluded from this Agreement. The vehicle is provided with a 3 month included warranty. You acknowledge that the Purchase Price has been calculated on this basis, and that additional warranty cover would have been available at additional cost.

LIMITATION OF LIABILITY

9. Unless set out otherwise below, we limit our liability for any breach of this Agreement (and for any other liability arising out of or connected to this Agreement) to the amount of the Purchase Price. We expressly exclude all liability for loss of profit, goodwill or contracts and for any indirect, consequential or economic loss. The limitations of liability in this clause do not apply in cases of fraud, death or personal injury.

NOTICES

9. Unless stated otherwise in this Agreement any notice to be given under this Agreement must be in writing and sent by post to the address of the person to whom it is addresses as set out overleaf, and shall be deemed to have been received in due course of post.

GOVERNING LAW AND JURISDICTION

10. This Agreement shall be governed by the laws of England, and the parties submit to the exclusive jurisdiction of the Courts of England and shall be governed and construed in accordance with English Law.

TRADE SALES

11. The company does not accept any responsibility for verifying either mileage or vehicle history on trade sales.

REFUNDS

12. Cancellations of transactions and refunds to the Purchaser will only be allowed where the Vendor has breached the Consumer Rights Act.

TERMS AND CONDITIONS OF BUSINESS

REPAIRS AND OTHER SERVICES

(NOTHING IN THIS DOCUMENT SHALL RESTRICT THE STATUTORY RIGHTS OF A CONSUMER)

GENERAL

1. These terms and conditions, together with the details set out on the previous page(s), are intended to contain all the terms of the agreement between us (as the vendor) and you (as the purchaser) relating to the repair, servicing or other work described overleaf (the “Work”) to the identified vehicle overleaf (the “Vehicle”) and/ or the supply of goods, parts or other things to be supplied by us, whether or not in conjunction with the Work (the “Goods”), hereinafter the “Agreement”. If you wish to rely on any amendment or addition, you should ensure it is confirmed in writing by one of our duly authorised representatives. If we agree any variation in the Work to be done or Goods to be supplied, this shall be deemed to be an amendment to this Agreement rather than a new agreement.

2. You warrant that you own the vehicle or are duly authorised to enter into this Agreement for the Work to be done on it on these terms and conditions. Unless otherwise agreed in writing once you make the Vehicle available to us this shall be regarded as express request of the Work, if any, being started as soon as reasonably possible.

ESTIMATES

3. An estimate is our considered approximation of the likely cost of the work and/or Goods, and is valid for 14 days from when we send it to you.

4. Any estimate is based on the published price for the Goods involved at the time of the estimate. If the manufacturer or other supplier of the Goods changes the published price after the date of the estimate, we will notify you of any consequent increase in the estimate. If the increase will be more than ten per cent (10%) of the total estimate, you may give notice within 14 days cancelling this Agreement. If we do not receive notice of cancellation within this period, the estimate will be amended as proposed.

5. Unless otherwise agreed in writing, if it appears during progress of the Work that the estimate will be exceeded by more than ten per cent (10%) of the total, we will notify you and will not continue with the Work unless you expressly authorise us to do so.

6. If you have left the Vehicle with us for an estimate but have not accepted the estimate, or have refused it but have failed to collect the Vehicle, within 7 days of the date of the estimate or (if later) the date of cancellation, we may charge you £6 per day for the storage of the Vehicle from the end of that period.

COMPLETION OF WORK AND PAYMENT

7. We will use our best efforts to do Work or supply Goods within any time estimate we have given you, but will not be liable for delays due to any cause outside our control.

8. We shall entitled to sub-contract all or any part of the Work, but will be responsible for the quality of the sub-contractors’ work.

9. If for any reason we do not carry out the Work in full, we will charge you only for Goods actually supplied or fitted and a reasonable amount for any Work actually done.

10. We will notify you when the Work is complete and the Vehicle and/or the Goods are ready for collection and (unless you have a credit account with us, in which case you must comply with the terms agreed in relation to the operation of such account) you must pay for the Work and/ or Goods upon collection.

11. All payments must be received in cleared funds on or before the date agreed for delivery or collection of the Goods and/or the Vehicle. Please refer to the accepted methods of payment available from one of our duly authorised representative. We are entitled to retain the Vehicle and/or Goods until you have paid for the Work and/or Goods in full.

12. If you fail to pay the full amount due and collect the vehicle and/or Goods.

12.1 within 48 hours of being notified that the Work is complete and/or that the Goods are ready for collection, we may charge you £6 per day for the storage of the Vehicle from the end of that period;

12.2 within 3 weeks of being notified that the Work is complete and/or that the Goods are ready for collection, we may (after giving your 7 days notice of our intention to do so if you have not paid the full amount due and collected the Vehicle and/or Goods before such notice expires) sell the Vehicle and/or Goods, deduct the amount owing to us (including statutory interest, storage charges and the costs of sale) and pay the balance to you.

13. Unless otherwise agreed in writing, the Goods will be deemed to have been delivered to you at your premises when you collect them.

14. We will retain all parts replaced during any Work done, except for any to be returned under warranty or service exchange arrangements, until the Vehicle is collected, and will be free to dispose of them as we see fit if you do not specifically ask for them when collecting the Vehicle.

TRANSFER OF OWNERSHIP AND RISK

15. The Goods will continue to belong to us until you have paid for them in full. You will however, be responsible for any loss or damage from when they are delivered to you, and should insure accordingly. A cheque will not be treated as payment until it has been cleared.

LOSS, DAMAGE, AND LIABILITY

16. We will carry out the Work with reasonable care and skill, and warrant it will remain free of defects in workmanship for a period of 30 days or 500 miles, whichever occurs sooner, from the date the Work is completed. However, this warranty will not apply if the Vehicle is involved in an accident or if and to the extent that a defect is caused or worsened by your (a) failing to inform us promptly of the defect and allowing us promptly to examine the Vehicle and endeavour to remedy the defect (b) Misusing or neglecting the Vehicle or using or permitting it to be used for racing, rallying or similar sports (c) failing to comply with manufacturers instructions or instructions from us concerning the treatment , maintenance and care of the Vehicle and/or Goods or to have it/them serviced in accordance with the manufacturer’s instructions (d) fitting the vehicle, or permitting it to be fitted, with parts or accessories which have not been approved by the manufacturer or ( e) altering the Vehicle and/or Goods, or permitting it/them to be altered, in any manner which has not been approved by the manufacturer.

17. If the Work includes painting then, if the metal to be painted is rusted, we will take all reasonable precautions to prevent penetrating the paint after completion of the Work but cannot guarantee this will not happen or that the new paintwork will match existing paintwork exactly.

18. You must observe the instructions for use, cautionary notices and other technical notices and information we supply you with the Goods.

19. Unless set out otherwise below, we limit our liability for any breach or this Agreement (and for any other liability arising out of connected to this Agreement) to the amount you have paid for the Work and/or Goods. We expressly exclude all liability for loss of profit, goodwill or contracts and for indirect, consequential or economic loss. The limitations of liability in this clause 19 do not apply in cases of fraud, death or personal injury.

20. You should remove any items of value not related to the Vehicle as we will not accept liability for loss or damage to these.

RETURNED GOODS

21. We will accept the return of any Goods which you did not order specifically, provided that you return them, in the same condition as when it was supplied, within 5 working days of delivery, produce our original invoice and pay (at the rate current on the date of return) our handling charges for returned Goods.

DISTANCE SELLING AND OFF-PREMISES CONTRACTS

22. If you are a consumer and if this Agreement has been concluded (a) under an organised distance sales or service-provision scheme without the simultaneous physical presence of you and us, with the exclusive use of one or more means of distance communication up to and including the time at which the Agreement is concluded or (b) in the simultaneous physical presence of you and us, in a place which is not the business premises of us, you have the right to cancel this Agreement within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you , or a third party other than the carrier and indicated by you, acquires physical possession of the Goods or in case of a service 14 days from the day of the conclusion of this Agreement. To exercise the right, you must inform up of you decision to cancel this Agreement by a clear statement (e.g. a letter sent by post, fax, or email). To meet the cancellation deadline, it is sufficient for you to sent the communication concerning your exercise of the right to cancel before the cancellation period has expired.

23. If you cancel this Agreement subject to clause 22, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement without undue delay, and not later than (a) 14 days after the day we receive back from you any Goods supplied, or (b) (if earlier) 14 days after the day you provide evidence that you have returned the Goods, or (c) if there were no Goods supplied, 14 days after transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the Goods back or you have supplied evidence of having sent back the Goods, whichever is the earliest. If you requested us to begin the performance or services during the cancellation period (see clause 2), you shall pay us an amount which is in proportion to what has been performed until you have communicated us you cancellation from this Agreement, in comparison with the full coverage of the Agreement.

24. You shall send back the Goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the Goods before the period of 14 days has expired. You will have to bear the direct cost of returning Goods. The cost is estimated at a maximum of approximately £500. You are only liable for any diminished value of Goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of Goods.

NOTICES

25. Unless stated otherwise in this Agreement any notice to be given under this Agreement must be in writing and sent by post to the address of the person to whom it is addressed as set out overleaf, and shall be deemed to have been received in due course of post.

GOVERNING LAW AND JURISDICTION

26. This Agreement shall be governed by the laws of England, and the parties submit to the exclusive jurisdiction of the Courts of England.

We may use this information about you now and in the future: (i) to provide you with information on products and services for marketing purposes; (ii) for market research and (iii) tracking of sales data. We may also disclose this information to companies co operating with Personal Automotive Ltd, but never sell your information to third party organisations.

Complaints procedure

Pro Finish Paint Shop constantly strives to provide the highest level of service from the first point of contact, throughout any post-sale enquiries. However, every so often things don’t go to plan and you might come away feeling dissatisfied. Perhaps you felt that you were not treated with courtesy, or perhaps you’ve had an ongoing problem that we have struggled to fix.

Unfortunately, these things do happen. Although we strive to achieve perfection, we know that it isn’t possible to reach that every time and that is why we have a complaints procedure. Sometimes we can put things right; sometimes we can only explain ourselves and apologise. Either way, your feedback helps us to continually improve what we do, and how we do it.

Rest assured that your complaint will be dealt with seriously, and in a timely manner.

What can I do?

It is important to let us know that you are unhappy and to give us the chance to put things right. Don’t be afraid to speak to a member of staff on site – she or he might be able to sort out the problem straight away, or if not, they might be able to introduce you to someone who can. If you are still not satisfied, you should move to the formal process.

Making a formal complaint

There are several ways to make a complaint. You can contact us on the phone or face to face, or you can send your enquiry to us in a letter or an email to profinishpaintshop@outlook.com. Upon receipt, Domoto will refer your complaint to the individual/department best equipped to respond to your complaint.

Your complaint will be thoroughly investigated and we will provide you with the outcome of such investigations as soon as possible (please allow 7-10 working days for a formal written response). Where appropriate, you will receive details of any proposed action to resolve the reported issues and if necessary, you will be given an apology.

If you are not satisfied with the response provided by ourselves, you may be entitled to refer your complaint to The Motor Ombudsman or the Financial Ombudsman Service.

Financial Ombudsman Service

The Financial Ombudsman Service provides a free, independent service for customers to solve disputes relating to regulated activity.

The Financial Ombudsman Service will only step in once Cartime has had the opportunity to investigate matters, so please let us try to help you first.

Contact the Financial Ombudsman Service

By post:
Financial Ombudsman
Service
South Quay Plaza
183 Marsh Wall
London E14 9SR

By phone:

0800 0 234 567 – free for people phoning from a ‘fixed’ line (eg a landline at home)
0300 123 9 123 – free for mobile phone users who pay a monthly charge for calls to numbers starting 01 and 02.

If you have any questions about these Terms and Conditions, You can contact us: By email: profinishpaintshop@outlook.com