The Small Print
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The Small Print
1 – THESE TERMS
1.1 – What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods, services or digital content.
1.2 – Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2 – INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 – Who we are. We are MST Cars Limited a company registered in Wales. Our company registration number is 12820712 and our registered office is at Muriau Carnguwch, Llithfaen, Pwllheli, Gwynedd, United Kingdom, LL53 6NH. Our registered VAT number is GB998663927.
2.2 – How to contact us. You can contact us by telephoning our customer service team on 01758 750 438 or by writing to us at email@example.com.
2.3 – How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 – “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3 – OUR CONTACT WITH YOU
3.1 – How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 – If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 – Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4 – OUR PRODUCTS
4.1 – Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a colour shown accurately reflects the colour of the products. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, because our products are handmade there may be some variance or tolerances.
4.2 – Making sure your measurements are accurate. If we are making the product to measurements you have given us you are responsible for ensuring that these measurements are correct.
5 – PRICE AND PAYMENT
5.1 – Where to find the price for the product. The price of the product (which includes VAT, where applicable) will be the price as told to you in the course of email exchanges. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 5.3 for what happens if we discover an error in the price of the product you order.
5.2 – We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
5.3 – What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. This may be due to a supplier changing their costs or a miscommunication. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract and refund you any sums you have paid.
5.4 – When you must pay and how you must pay. We accept payment in a variety of methods and will agree with you in advance how we require you to make payment for your order. When you must pay is set out as follows:
(a) – 20% on placing the order;
(b) – 40% on the completion of the shell;
(c) – 40% prior to delivery.
We will notify you of the completion of the above stages which will trigger your payment obligation.
5.5 – We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of Barclays Bank PLC, or similar, from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
5.6 – We can stop production if you pay late. If we have demanded payment from you and you still have not paid after 28 days, we may halt production and prioritise another order. You may then miss your production slot and delivery will be delayed.
5.7 – We can charge for storage if you have not paid. If we have invoiced you and you still have not paid after 35 days, we can charge you storage fees of at least £20+VAT per day. Some vehicles may incur a higher fee due to their stage of manufacturing having special storage requirements.
5.8 – We can sell your vehicle if you cannot pay. If your you have failed to make payments demanded of you and we have had to store the vehicle for 6 months, we reserve our right to sell the vehicle to recover any outstanding monies owed to us. Should the proceeds of such a sale leave a shortfall, we may pursue you for this amount.
5.9 – What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
6 – YOUR RIGHTS TO MAKE CHANGES
6.1 – If you wish to make a change to the product you have ordered, please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 9, Your rights to end the contract).
7 – OUR RIGHTS TO MAKE CHANGES
7.1 – Minor changes to the products. We may change the product:
(a) – to reflect changes in relevant laws and regulatory requirements; and
(b) – to implement minor technical adjustments and improvements, for example to address a security threat. These changes should not affect your use of the product but we will inform you in advance if they will.
If we do need to make any changes, we will inform you as soon as practicable.
7.2 – More significant changes to the products and these terms. In addition, we may make changes to these terms or the vehicle, but if we do so we will notify you to discuss options.
8 – PROVIDING THE PRODUCTS
8.1 – Delivery costs. Delivery costs are not included. Should you require delivery, please let us know and we can discuss it with you.
8.2 – When we will provide the products. We will advise you of an anticipated delivery date at the earliest possible opportunity. We cannot guarantee a delivery date as each vehicle is bespoke to a customer and can be delayed due to many different factors. As a result, time will not be of the essence in this contract.
8.3 – We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event. Should we require any additional information from you or your input on a decision, you should respond as soon as possible to minimise the impact on any delay.
8.4 – Collection by you. If you have asked to collect the products from our premises, you can collect them from us by prior agreement.
8.5 – Your legal rights if we deliver goods late. You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods, then you may treat the contract as at an end straight away if we have refused to deliver the goods.
8.6 – When you become responsible for the goods. A vehicle will be your responsibility from the time we deliver it to the address you gave us or you or a carrier organised by you collects it from us.
8.7 – When you own goods. You own a product which is goods once we have received payment in full.
8.8 – What will happen if you do not give required information to us. We may need certain information from you. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 11.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
8.9 – Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
(a) – deal with technical problems or make minor technical changes;
(b) – update the product to reflect changes in relevant laws and regulatory requirements;
(c) – make changes to the product as requested by you or notified by us to you (see clause 7).
8.10 – We may suspend supply of the products if you do not pay. If you do not pay us for the vehicle when you are supposed to (see clause 5.4) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the vehicle where you dispute the unpaid invoice (see clause 5.9). As well as suspending the products we can also charge you interest on your overdue payments (see clause 0).
9 – YOUR RIGHTS TO END THE CONTRACT
9.1 – You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) – If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 12;
(b) – If you want to end the contract because of something we have done or have told you we are going to do, see clause 9.2;
(c) – If you have just changed your mind about the product, see clause 9.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
(d) – In all other cases (if we are not at fault and there is no right to change your mind), see clause 9.5.
9.2 – Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) – we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(b) – there is a risk that supply of the products may be significantly delayed because of events outside our control;
(c) – we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 12 weeks; or
(d) – you have a legal right to end the contract because of something we have done wrong.
9.3 – Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought by exchange of emails you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
9.4 – How long do I have to change my mind? Whether or not you have the right to cancel depends on the product or vehicle you have ordered,
(a) – If your vehicle is personalised to your requirements or specification, you do not benefit from any period to change your mind e.g. a cooling off period. In such circumstances, any cancellation will be your fault and you will be liable to pay the full purchase price or any balance outstanding.
(b) – If your vehicle is a stock vehicle that we have already manufactured, you will benefit from a 14 day cooling off period from the date you take delivery. Please note that we may make deductions from any refund due to use or damage to the vehicle.
9.5 – Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 9.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered, and paid for. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, contact us to let us know.
10 – HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
10.1 – Tell us you want to end the contract. To end the contract with us, please let us know phone or email. Email us at firstname.lastname@example.org. Please provide details of what you bought, when you ordered or received it and your name and address.
10.2 – Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them or allow us to collect them from you. Please email us at email@example.com for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
10.3 – When we will pay the costs of return. We will pay the costs of return:
(a) – if the products are faulty or misdescribed;
(b) – if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
(c) – if you are exercising your right to change your mind.
In all other circumstances [(including where you are exercising your right to change your mind)] you must pay the costs of return.
10.4 – What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.
10.5 – How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
10.6 – Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind, we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the vehicle, if this has been caused by your handling them in a way which would not be permitted in a shop. The amount of any deduction will be at our sole discretion and based on our knowledge of this specialist market. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
10.7 – When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
(a) – If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.8.
(b) – In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
11 – OUR RIGHTS TO END THE CONTRACT
11.1 – We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) – you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
(b) – you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the vehicle;
(c) – you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or
(d) – you do not, within a reasonable time, allow us access to your premises to supply the services.
11.2 – You must compensate us if you break the contract. If we end the contract in the situations set out in clause 11.1 we will refund any money you have paid in advance for vehicles we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
12 – IF THERE IS A PROBLEM WITH THE PRODUCT
12.1 – How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can email our customer service team at firstname.lastname@example.org.
12.2 – Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is goods, for example [furniture or a laptop], the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
up to 30 days: if your goods are faulty, then you can get an immediate refund.
up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
See also clause 9.3.
12.3 – Where you can get vehicles repaired. Should the vehicle be faulty, you should let us know immediately. Any repair work should be carried out at our premises due to the specialist nature of the vehicles. We will not be liable for any costs should you decide to use someone else to carry out any work on the vehicle and we will not be liable for transportation costs unless we agree in advance.
13 – OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1 – We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.2 – We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987.
13.3 – We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14 – HOW WE MAY USE YOUR PERSONAL DATA
15 – OTHER IMPORTANT TERMS
15.1 – We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
15.2 – You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. Our agreement will not be unreasonably withheld.
15.3 – Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 15.2 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
15.4 – If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5 – Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
15.6 – Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by Welsh law and you can bring legal proceedings in respect of the products in the English or Welsh courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the Welsh courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the Welsh courts.