Terms & Conditions
1 These terms
1.1 These are the terms and conditions on which we supply products to you.
1.2 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.
1.3 Before signing the order form, please check that all the information stated on it is accurate and correct, and that any special arrangements agreed during the sales process have been detailed on the order form. If in any doubt, you should seek independent legal advice before signing the order form.
1.4 Nothing in these terms and conditions will affect your statutory rights relating to either faulty or misdescribed goods, or poor quality services. For more information on these statutory rights contact a local authority Trading Standards Department or the Citizens Advice Bureau.
2 Information about us and how to contact us
2.1 We are Northam Farm Caravan Sales Limited a company registered in England and Wales. Our company registration number is 03898843 and our registered office is at 3-5 College Street Burham on Sea Somerset TA8 1AR.
2.2 You can contact us by telephoning 01278 751244 (option 3) or by writing to us to firstname.lastname@example.org or South Road Brean Somerset TA8 2SE.
2.3 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.
3 Our contract with you
3.1 Our acceptance of your order will take place when we tell you that we are able to provide you with the product and you have signed the order form that describes the goods being supplied to you.
3.2 An advance payment may be payable on submission of your order form. The order form will set out the advance payment payable, if any.
3.3 If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because you have not paid to us the advance payment, 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.
3.4 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 Any drawings, descriptions or images of the products are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours or the printed pictures in our brochure accurately reflects the colour of the products. Your product may vary slightly from those images.
5 Your rights to make changes
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 for delivery 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.
6 Our rights to make changes
6.1 We may change the product:
6.1.1 to reflect changes in relevant laws and regulatory requirements; and
6.1.2 to implement minor technical adjustments and improvements. These changes will not affect your use of the product.
7 Providing the products
7.1 The costs of delivery will be as told to you during the order process.
7.2 During the order process we will let you know when we will provide the products to you.
7.3 If our delivery 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, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.4 If you have asked to collect the products from our premises, we will contact you to arrange a convenient time. Collection times are generally during working hours of 9.00am – 4.00pm Tuesday to Friday or 9.00am to 1.00pm on Saturdays.
7.5 If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from us we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 9.2 will apply.
7.6 If we miss the delivery deadline for any products then you may treat the contract as at an end straight away if any of the following apply:
7.6.1 we have refused to deliver the products;
7.6.2 you told us before we accepted your order that delivery within the delivery deadline was essential.
7.7 If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 7.6, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
7.8 The product will be your responsibility from the time we deliver the product to the address you gave us or you collect it from us.
7.9 You own the products once we have received payment in full.
7.10 We may need certain information from you so that we can supply the products to you. 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 (see clause 9.1) 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.
7.11 We may have to suspend the supply of a product to:
7.11.1 deal with technical problems or make minor technical changes;
7.11.2 update the product to reflect changes in relevant laws and regulatory requirements;
7.11.3 make changes to the product as requested by you or notified by us to you.
7.12 We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 14 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
7.13 If you do not pay us for the products when you are supposed to (see clause 11.4) and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend the 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 supply of products where you dispute the unpaid invoice (see clause 11.6). We will not charge you for the products while the supply is suspended. As well as suspending the supply of the products we can also charge you interest on your overdue payments (see clause 11.5).
8 Your rights to end the contract
8.1 For products bought over the telephone you have a legal right to change your mind within 14 days of the date of your order and receive a refund in accordance with the Consumer Contracts Regulations 2013. If you wish to exercise your right to cancel please contact us. We will refund you the price you paid for the products by the method you used for payment. However, we may make deductions from the price to reflect any reduction in the value of the products, if this has been caused by your handling or use of them in any way.
8.2 You can always end the contract for supply of a product before it has been delivered and paid for. You may contact us to end your contract for a product at any time before we have delivered it and you have paid for it, but in some circumstances we may charge you for doing this, as described below. Of course, you always have rights where a product is faulty or mis-described.
8.3 If you are ending the contract for a reason set out at 8.3.1 to 8.3.5 below the contract will end immediately and we will refund you in full for any products which have not been provided or have not been provided properly. The reasons are:
8.3.1 we have told you about an upcoming change to the product or these terms which you do not agree to;
8.3.2 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;
8.3.3 there is a risk that supply of the products may be significantly delayed because of events outside our control;
8.3.4 we have suspended supply of the product for technical reasons, or we notify you that we are going to suspend them for technical reasons, in each case for a period of more than 7 days; or
8.3.5 you have a legal right to end the contract because of something we have done wrong.
8.4 If you are not ending the contract for one of the reasons set out in clause 8.3, then the contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
8.5 If you end the contract after products have been dispatched to you and (because we cannot recall them) they are delivered to you, you must return them to us. If you are ending the contract for one of the reasons stated in clause 8.3 then we will pay the costs of return. In all other circumstances you must pay the costs of return.
9 Our rights to end the contract
9.1 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:
9.1.1 we are unable to collect payment from you when it is due and you still do not make payment within 10 days of us reminding you that payment is due;
9.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or
9.1.3 you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
9.2 If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for products 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.
9.3 We may write to you to let you know that we are going to stop providing the product. We will let you know at least 7 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
10 If there is a problem with the product
10.1 If you have any questions or complaints about the product, please contact us. You can telephone us at 01278 751244 (option 3) or write to us at email@example.com or South Road Brean Somerset TA8 2SE. Alternatively, please speak to one of our staff in-store.
10.2 If you wish to exercise your legal rights to reject products you must either return them to us or allow us to collect them from you.
10.3 We, offer the following guarantee which is in addition to your legal rights and does not affect them. If you change your mind about a product either before it is delivered or within 14 days of receiving it, please contact us to arrange for a refund. If you have received the product you must return it to us at your own expense. We will refund you the price you paid for the product by the method you used for payment. However, we may make deductions from the price to reflect any reduction in the value of the products, if this has been caused by your handling or use of them in a way.
11 Price and payment
11.1 The price of the product (which includes VAT) will be the price set out in our price list in force at the date of your order unless we have agreed another price in writing during the order process. We take all reasonable care to ensure that the price of product advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the product you order.
11.2 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 (including delivery costs) in full before the change in the rate of VAT takes effect.
11.3 It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may terminate the contract, refund you any sums you have paid and require you to return the product at our expense.
11.4 We accept payment with all major debit cards and bankers draft or building society cheques made payable to Northam Farm Caravan Sales Ltd. We will also accept payment in cash up to a maximum of £7,500 per transaction. We do not accept payment by credit card. You must pay for the products (including delivery) before we dispatch them. We will not charge your debit card until we dispatch the products to you.
11.5 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 4% a year above the Bank of England base rate 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.
11.6 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.
12 Part Exchange
12.1 We may agree to part of the price for the product to be satisfied by you in part exchange for a used vehicle. The used vehicle shall be delivered to and accepted by us subject to the following conditions:
12.1.1 the used vehicle will be delivered to us in the same condition as described by you at the time of the order (subject only to fair wear and tear); and
12.1.2 that any quoted or estimated part exchange value for the used vehicle will only be confirmed upon physical inspection by us; and
12.1.3 that you are the legal owner of the used vehicle and either:
(a) the used Vehicle is free from any Hire Purchase Agreement or other legal encumbrance whatsoever, or
(b) the used vehicle is subject to a Hire Purchase or Credit Sale agreement and any outstanding finance is capable of being settled by us. If this is the case the amount of the part exchange allowance shall be reduced accordingly.
12.2 In the event of a used vehicle being taken in part exchange, we may proceed to dispose of it before delivery of the products:
12.2.1 if we dispose of the part exchange vehicle within the cooling off period or if the order is cancelled by us, the sum to be paid back for the part exchange vehicle shall be the previously agreed part exchange allowance price.
12.2.2 in all other circumstances where the products are not delivered or where the order is cancelled by you, the sum to be paid back for the part exchange vehicle shall be the lower of either the price at which it was sold by us or the previously agreed part exchange allowance price.
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, except as set out in clause 13.2 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 goods, including the right to receive goods 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; and for defective products under the Consumer Protection Act 1987
13.3 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 information
14.1 We will use the personal information you provide to us:
14.1.1 to supply the products to you;
14.1.2 to process your payment for the products; and
14.1.3 if you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving these communications at any time by contacting us.
14.2 Where we extend credit to you for the products we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.
14.3 We will only give your personal information to third parties where the law either requires or allows us to do so.
15 Other important terms
15.1 We may transfer our rights and obligations under these terms to another organisation.
15.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
15.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.4 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 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 These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.