Heycar Purchase Terms

Introduction

These are the terms of supply for vehicles purchased via heycar.co.uk (Site). The Site is operated by or on behalf of Mobility Trader UK Limited trading as "heycar" (we, us and our). We are a limited company, registered in England. Our registered company number is 12016686, and our registered office is at 5 New Street Square, London, United Kingdom, EC4A 3TW. Mobility Trader UK Limited is an appointed representative of Volkswagen Financial Services (UK) Limited (VWFS), which is authorised and regulated by the Financial Conduct Authority with firm reference number 311988. Mobility Trader UK Limited is also an appointed representative of Wrisk Transfer Limited (Wrisk), which is authorised and regulated by the Financial Conduct Authority with firm reference number 788062. Our VAT registration number is 326461802. 

Your purchase of any of the vehicles offered for sale on the Site (Vehicles) is subject to these terms and by purchasing any Vehicle through us you agree to be bound by them. You should print a copy of these terms for future reference. Use of the Site itself is subject to our Website Terms of Use. Use of your personal information submitted to or via the Site is governed by our Privacy Policy.

Please note that if you wish to purchase a Vehicle on finance through our finance providers, VWFS or RCI Financial Services Limited (Finance Providers), we will submit your application to the relevant Finance Provider as further detailed below and any such arrangement will be governed by a separate agreement between you and the Finance Provider.

We reserve the right to change these terms from time to time by changing them on the Site, although no such change will affect any purchase you have already made with us. These terms were last updated on 03/02/2023.

Purchasing and availability

To purchase any Vehicle, you must be at least 18 years of age. By doing so, you confirm that you meet this requirement.

You may search our site using the filtering functionality that we make available to you from time to time (such as the ability to filter by car 'make' or 'model'). We offer such functionality for convenience; however, we do not guarantee that it is always accurate. For example, results displayed when using our distance filter are indicative only and should not be relied upon for the purposes of calculating applicable delivery fees. Where a delivery fee applies, we will use the Vehicle location that we confirmed to you when you submit a purchase request. See the 'Delivery' section below for more information on applicable delivery fees.

You may submit a purchase request for an eligible Vehicle by clicking on the listing for the Vehicle you wish to purchase, following the prompts that will appear on-screen to enter your details (including contact and payment details), and paying a fully refundable £99.00 deposit. Please note that when you input your details, we will also confirm the location of the Vehicle to you. Upon receipt of this deposit, we will check that the Vehicle is still available for purchase. On the rare occasion the Vehicle is no longer available or doesn’t meet our standards, your deposit will be refunded within 1 business day.

Please note that your payment of the deposit does not mean that your purchase request has been accepted. Placing a deposit on a Vehicle constitutes an offer to us to buy the relevant Vehicle. All purchases are subject to acceptance by us. We are not obliged to accept your purchase request and may, at our discretion, decline to accept any purchase request.

If your purchase request is accepted, we will provide you with an Order Form confirming the Vehicle details and the balance due, including any applicable delivery costs. To proceed with the purchase, you will need to sign and return the Order Form and pay the balance due within 48 hours from the time you pay the deposit. Information on how to pay the balance is set out in the Price and Payment section below.

If we don't receive your signed Order Form and balance payment within 48 hours from the time you pay the deposit, we will refund your deposit and the Vehicle will no longer be reserved.

After you return your signed Order Form and pay the balance due, you will receive an acknowledgment from us that we have received this and provide you with a purchase reference number (Purchase Confirmation). The contract between you and us in relation to the Vehicle purchased (Contract) will only be formed when we send you the Purchase Confirmation.

Please note that by signing and returning the Order Form, you enter into an obligation to pay for the Vehicle.

After entering into the Contract, we will be under a legal duty to supply you with the Vehicle in conformity with the Contract.

The Contract will relate only to the Vehicle which has been confirmed in the Purchase Confirmation.

Financed purchases

We are a credit broker acting as an appointed representative of VWFS and not a lender. Details of our appointed representative status are set out in the Introduction above. Heycar is linked to VWFS by being a member of the same group.

If you wish to finance the purchase of a Vehicle, you can apply for finance from one of our Finance Providers by choosing the finance option for the Vehicle on the Site and submitting a finance quote request. Once you submit your finance quote request, we will contact you using the details you provide to discuss your application and (subject to eligibility) provide you with a quote and related information, including the terms applicable to your finance arrangement (Finance Agreement).  This does not mean that your finance application has been, or will be, approved.  You should read and consider the Finance Agreement carefully before proceeding with your finance application.

If you then wish to proceed with your finance application, we will submit this to the Finance Provider on your behalf, so that the Finance Provider may consider whether to provide you with finance.  By applying for finance through Heycar (acting as credit broker), you consent to us disclosing your details to the finance provider.  For more information on how we process your personal data see our Privacy Policy. We will notify you whether your finance application is successful or not.  

If your finance application is approved, we will contact you regarding payment of the deposit for the Vehicle. Once we receive your deposit, we will provide you with the finance documents for e-signature which will commit you to buying the Vehicle and accepting the finance rate and parameters set out in the finance documentation. Once you have entered into the Finance Agreement with the finance provider, we will provide you with a Purchase Confirmation in relation to the Vehicle.

If you enter into a Finance Agreement with a third party Finance Provider, we may receive a commission payment. This commission will not affect the amounts payable by you under the Finance Agreement. You may request further details of the amount of commission that we are likely to receive as a result of you entering into a Finance Agreement as a result of our referral.   If you enter into a Finance Agreement to finance the purchase of a Vehicle we will sell the Vehicle to the Finance Provider who will let you use the Vehicle in accordance with the terms of the Finance Agreement. The Finance Provider will own the Vehicle until title is transferred to you in accordance with the Finance Agreement. 

You will have a right to change your mind and withdraw from the Finance Agreement for a limited time after entering into it under s66A of the Consumer Credit Act 1974 without giving any reason. The exact terms of the right to withdraw will be set out in the Finance Agreement itself. If you exercise this right, it will bring the Finance Agreement to an end. This is separate to the purchase of the Vehicle from us but if you purchase a Vehicle using finance, we will extend to you the benefit of the Money back guarantee and the Consumer cancellation rights that would be available to a cash paying customer as set out and subject to the terms in the relevant sections below. 

If you wish to exercise the Money back guarantee or the Consumer cancellation rights as set out below, you must at the same time tell your Finance Provider that you wish to withdraw from the Finance Agreement in accordance with the procedure set out in the Finance Agreement itself. 

If you return a Vehicle which was purchased under a Finance Agreement we will repay to you the deposit which you paid to us and we will repay the remainder of the purchase price to the Finance Provider, provided that we will deduct any amounts which we are permitted to charge you as a result of usage or damage to the Vehicle while it is in your possession or otherwise your responsibility. For the avoidance of doubt, you will remain responsible for any shortfall which is required to be repaid under the Finance Agreement.

Delivery 

The delivery option(s) we make available to you will depend on the specific Vehicle you wish to purchase.

We may offer to you (at our discretion) one or more of the following delivery options, which we will communicate to you, and which we require you to select, prior to submission of your application:

• Collection from dealership (free): we will arrange a time for you to collect the Vehicle from the dealership.
• Driven delivery (subject to delivery fees): the Vehicle is driven from the dealership straight to your front door. Delivery for all Vehicles is charged at a minimum rate of £299.00, which covers a travel distance (by road) of up to 200 miles. Travel distances in excess of 200 miles will be charged an additional £1 per mile, up to a maximum of £699.00 in total. The delivery fee is payable prior to delivery of the vehicle to you.
• Free delivery: the Vehicle is driven to your home address free of charge. Please note, we reserve the right to withdraw this option at any time prior to sending you your Purchase Confirmation.

If you choose driven or free delivery (where available) we will arrange a delivery date and format with you (usually within 30 days, unless there are exceptional circumstances). Delivery details (including any delivery fees) will be recorded in your Order Form. The travel distance commences from the location of the Vehicle (confirmed to you when you submit your purchase request) and ends at your home address. Driven delivery is calculated according to the shortest route available (using such method as we may determine at our discretion) at the time we produce your Order Form.

Please note that only you, as the person specified in your Purchase Confirmation, are eligible to take receipt of the Vehicle on delivery. When taking delivery of the Vehicle, you will need to show the Purchase Confirmation, along with some form of identification (such as a credit card or driving licence).

If you choose a delivery option, the Vehicle will be delivered to the delivery address within mainland United Kingdom specified on the Purchase Confirmation on the delivery date we arrange with you. If your delivery address is geographically remote or in an isolated location, it is possible that we may not be able to deliver there. If that is the case, you will be notified before your purchase request is accepted and you may change your address or cancel your purchase request. Vehicles can only be delivered to your home address and cannot be delivered to PO Box or similar addresses.

If you will not be present to accept the delivery, or can no longer collect the vehicle on the agreed collection date, you must contact us by telephone on 0330 808 3819 at least 24 hours prior to the scheduled collection/delivery time (as applicable) to rearrange your collection/delivery. If you need to rearrange a delivery less than 24 hours prior to the scheduled delivery time, you will need to pay a redelivery fee of £250 to arrange for another delivery date.

Risk and ownership

Upon delivery, you will be asked to confirm receipt of the Vehicle and that it conforms to your order. You will be asked to sign an acceptance form and this will be confirmation that you have received and accepted the Vehicle, at which point the Vehicle will be your responsibility.

If you purchase the Vehicle outright, ownership of the Vehicle will pass to you once: (i) we have received full payment of the purchase price (and any other amounts due) in cleared funds; and (ii) you have accepted the Vehicle by signing the acceptance form as set out above. Where you have entered into a Finance Agreement you should be aware that ownership of the Vehicle may remain with the Finance Provider and the pre-contract information and finance agreement will highlight this, and set out when and if title to the Vehicle will pass to you.

We will own the Vehicle until each of the conditions set out above have been satisfied, after which we will notify the DVLA of the change in ownership. You should contact the DVLA if you do not receive the V5 log book within 14 days after delivery.

You will be required to register and pay for vehicle tax and arrange for insurance from the point that you accept delivery of the Vehicle. You can pay for vehicle tax online at https://www.gov.uk/vehicle-tax.

Price and payment

The price of Vehicles is as quoted on the Site.

You may have to pay a redelivery fee if you fail to take delivery at the agreed time and date or if you change or cancel a delivery with less than 24 hours' notice (see Delivery section above for further details). Prices and delivery costs are liable to change at any time, but changes will not affect purchases in respect of which you have already been sent a Purchase Confirmation.

The Site contains a large number of Vehicles and it is always possible that, despite our best efforts, some of the Vehicles listed on the Site may be incorrectly priced. We will normally verify prices as part of the purchase procedures so that, where a Vehicle's correct price is less than the stated price, we will tell you as soon as possible and give you the option of proceeding with your purchase at the correct price or cancelling it. 

Deposit payments must be made by credit or debit card on the checkout page. We accept payment by most major credit and debit cards. Please note that, for security reasons, the statement address for the credit or debit card you use to pay must be the same as the delivery address for the order. We can only accept credit or debit cards where the statement address is within the United Kingdom. 

You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorise payment for any reason. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.

Balance payments for all Vehicle purchases other than those made under a finance arrangement must be made by bank transfer. Acceptance of payment is subject to validation checks performed by heycar and bank details required to provide balance payments will be provided once complete. Balance payments must be made within 48 hours from the time you pay the deposit. 

Money back guarantee

In addition to your consumer cancellation and warranty rights set out below, Vehicle purchases made via the Site may be eligible for our money back guarantee. The terms and conditions applicable to the heycar money back guarantee can be found at https://heycar.com/uk/money-back-guarantee. 

Consumer cancellation rights

You may cancel a Contract at any time before your Vehicle is delivered and up to 14 days afterwards, beginning on the day after your Vehicle is delivered to you. 

If you cancel, you will receive a full refund of the price paid for the Vehicle(s) in accordance with the refunds policy (see below). We reserve the right to charge collection fees for the return of the vehicle where applicable. These costs will be calculated at the time of the return and payment must be made prior to the return.  

To cancel a Contract, you must clearly inform us, preferably by email to sales@heycar.co.uk, giving your name, address and purchase reference.

You must also return the Vehicle or arrange for it to be collected within 14 days after the day you notify your cancellation (Return Period), in the same condition in which you received it (which does not interfere with your right to take any reasonable steps to examine the Vehicle and make sure it conforms to your order). 

You have a legal obligation to take reasonable care of the Vehicle while in your possession and we may reduce the refund to which you are otherwise entitled to reflect any reduction in the value of the Vehicle (up to the price you paid). For example, this may include a reduction in value as a result of any additional mileage from your use of the Vehicle and/or any costs to repair damage that may have occurred during the period in which you were responsible for the Vehicle.

If you cancel a Contract we will contact you to arrange for collection or return of the Vehicle within the Return Period. 

Details of the consumer rights described above, and an explanation of how to exercise them, are provided in the Purchase Confirmation. 

Refunds are made by transfer to the same account originally used by you to pay for your purchase, unless agreed otherwise.

Nothing in this section affects your legal rights.

Warranty

All Vehicles come with a minimum 90 day warranty as standard. You will be contacted prior to delivery of your Vehicle via the contract details provided to activate and confirm details of your warranty. 

If any Vehicle you purchase is damaged or faulty when delivered to you or has developed a fault, you may also have one or more legal remedies available to you, depending on when you make us aware of the problem, in accordance with your legal rights. If you believe a Vehicle was delivered damaged or faulty or has developed a fault, you should inform us as soon as possible, preferably in writing, giving your name, address and purchase reference. 

Nothing in this section affects your legal rights.

Vehicle Information

Whilst reasonable steps have been taken to depict Vehicles as accurately as possible through the photographs and other images featured on the Site, the detailing (such as colour, interior patterns and textures, etc.) you see on-screen will depend on your monitor and, as such, may not exactly reflect the actual detailing of a Vehicle when you receive it. The mileage on the Vehicle may vary by a minor amount to that stated on the Site as a result of, for example, delivery to you.

Our liability

Nothing in these terms shall limit or exclude our liability to you:

for death or personal injury caused by our negligence;

• for fraudulent misrepresentation;
• for breach of any term implied by the Consumer Rights Act 2015 and which, by law, may not be limited or excluded;
• under Part I of the Consumer Protection Act 1987; or
• for any other liability that, by law, may not be limited or excluded. 

Subject to this, if you are a consumer and not a business customer, in no event shall we be liable to you for any business losses, and if you are a business customer, in no event shall we be liable to you for any indirect or consequential losses, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses, and any liability we do have for losses you suffer arising from any Contract shall not exceed the purchase price of the relevant Vehicle and is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your purchase is accepted by us.

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any Contract that is caused by events outside our reasonable control.

General

You may not transfer or assign any or all of your rights or obligations under any Contract. 

All notices given by you to us must be given in writing to the address set out at the end of these terms. We may give notice to you at either the email or postal address you provide to us when placing an order.

If we fail to enforce any of our rights, that does not result in a waiver of that right. 

If any provision of these terms is found to be unenforceable, all other provisions shall remain unaffected.

These terms may not be varied except with our express written consent.

These terms and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Contract. 

We are required by law to advise you that Contracts may be concluded in the English language only and that no public filing requirements apply.

These terms shall be governed by English law, except that (if you are a consumer and not a business user) and if you live in Scotland or Northern Ireland, there may be certain mandatory applicable laws of your country which apply for your benefit and protection in addition to or instead of certain provisions of English law. 

You agree that any dispute between you and us regarding these terms or any Contract will only be dealt with by the English courts, except that if you are a consumer and not a business user) and if you live in Scotland or Northern Ireland, you can choose to bring legal proceedings either in your country or in England, but if we bring legal proceedings, we may only do so in your country.

We take all complaints seriously. Please let us know if you’re not happy with our site or if we’ve made a mistake so that we can try to put things right. You can do this by contacting us using the details in the section below entitled "Contacting us". We will investigate your complaint straight away and will provide a written response.

If your complaint relates to finance and we cannot resolve your complaint within one business day, we will refer your complaint to our principal firm, Volkswagen Financial Services (UK) Limited, to complete and communicate the outcome of the investigation to you. If your complaint relates to insurance and we cannot resolve your complaint within one business day, we will refer your complaint to our principal firm, Wrisk Transfer Limited, to complete and communicate the outcome of the investigation to you. 

If you’re not happy with how we’ve handled your complaint, or you have not heard from us (or our principal firm) within eight weeks of us receiving your complaint, and you are an eligible complainant as defined by the Financial Conduct Authority, you can contact the Financial Ombudsman Service. The Financial Ombudsman Service is an independent organisation that helps to resolve complaints. You can contact them:

Online: financial-ombudsman.org.uk

By phone: 0800 023 4567

By post: Financial Ombudsman Service, Exchange Tower, Harbour Exchange, London E14 9SR.

Contacting us

Please submit any questions you have about these terms or any purchase you have made or purchasing in general by email to sales@heycar.co.uk, by telephone on 0330 808 3819 between the hours of 9am to 5pm, Monday to Friday or write to us at: 5 New Street Square, London, United Kingdom, EC4A 3TW.