Terms & Conditions

These terms and conditions set out the basis on which you can visit and use this website. Please read them carefully as they contain important information and your use of this website will be subject to these terms and conditions (including any important hyperlinked sections e.g. Privacy Policy). Malcolm Waite Limited have made every effort to ensure the accuracy of the information contained in this site. Whilst every effort is made to produce up to date information and specifications, this site should note be regarded as an infallible guide to the manufacturer products, vehicle specifications or services, nor does it constitute an offer for the sale of any particular vehicle. Any reference in this site to speed or performance should not be taken as an encouragement to drive either dangerously or at speeds in excess of national limits. All fuel economy figures are in accordance with Directive 93/116/EC. They have been calculated using the same test cycle as used for official exhaust emission classification. They cannot be compared with the previous steady speed/urban figures and are more representative of actual on-road fuel consumptions. Under normal use a vehicle’s actual fuel consumption figures may differ from those achieved through the test procedure, depending on driving technique, road and traffic conditions, environmental factors, and vehicle condition. If in any doubt please consult your dealer.

Copyright

All rights, including copyright and database right, in the website and its contents, are owned by or licensed to the manufacturer in question and Malcolm Waite Limited, or otherwise used by the manufacturer and Malcolm Waite Limited as permitted by applicable law or the copyright holder. You may not copy, reproduce, republish, download, post broadcast or transmit any text, images, graphic, logo, button, icon, image and their selection and arrangement thereof, and any underlying source code and software, for any commercial or public purpose without prior written permission from the manufacturer, Malcolm Waite Limited or the copyright holder. You may not adapt, alter or create any of the material or information in this site or use it for purpose other than for your personal non-commercial use. You agree to use this site only for lawful purposes. Malcolm Waite Limited reserves the right to use for its own purposes any material submitted to the site, including test and images, either on the site or in any other form, including for publicity purposes. Malcolm Waite Limited reserves the right to monitor submissions to the site and to edit or reject any submissions.

Disclaimer

We try to ensure that information on our site is accurate, complete and up-to date. In using this site, however, you agree to be bound by the Terms & Conditions, which take effect on the date when you first use this site. Without prejudice to your statutory rights, the site and all information, text, names, images, pictures, logos, links and icons and other materials (without limitation) are provided ‘as is’ and on an ‘is available’ basis without representation warranty or endorsement, express or implied. In particular, we do not warrant or represent the accuracy or completeness of information provided on this site not do we guarantee that use of this site will be uninterrupted or error-free, or that the site and its servers are free of computer viruses or bugs. In no event will Malcolm Waite Limited be liable to any person for any damage or loss that may arise from the use of any information contained in our site or products displayed on our site, including, without limitation, indirect or consequential damages, or any damages whatsoever arising from use or loss of use, data, or profits, whether in action of contract, negligence or other tortious action, arising out of or in connection with the use of the site. Notwithstanding anything else in these Terms & Conditions, we will not be liable for claims relating to the functionality or availability of this site.

Trademarks

All names, images, logos identifying all the manufacturers are proprietary marks of the manufacturer. All names, images, logos identifying Malcolm Waite Limited are proprietary marks of Malcolm Waite Limited. All third part brand, product, service and company names contained on this site are the trademarks, service marks and trade names of their respective holders. Malcolm Waite Limited does not give permission for their use by any person other than the holders. Any such use may constitute an infringement on the holders rights.

External Links

Malcolm Waite Limited does not represent, warrant, endorse or hold responsibility over any external sites that may be linked to and from this site. Any external site that you visit by clicking through a link on this site is outside the control of Malcolm Waite Limited and you visit entirely at your own risk.

Software disclaimer

Any software downloads from this site have been thoroughly scanned and tested at all stages of production, but - as with all new software – we still recommend that you run a virus-checker before use. We also recommend that you have an up-to-date backup of your hard disk before using the software. Malcolm Waite Limited cannot accept responsibility for any disruption, damage and/or loss of data on your data or computer system that may occur while using the software. Consult your network administrator before installing any software on a networked computer.

Changes to Legal Notices

Malcolm Waite Limited reserves the right to change these terms & conditions from time to time and you should look through them as often as possible.

Telephone Calls to the Dealerships

Please be aware that if you call any of the dealerships owned by Malcolm Waite Limited that the call may be monitored or recorded for training purposes.

Use of this Website from outside the UK

Unless otherwise specified, the materials on this website are directed solely a those who access this website from the United Kingdom mainland. Malcolm Waite Limited makes no representation that any products referred to in the materials on this website are appropriate for use, or available, in other locations. Those who choose to access this website from other locations are responsible for compliance with local laws if and to the extent local laws are applicable.

Jurisdiction

These Terms & Conditions shall be governed by and construed in accordance with the laws of England and Wales. Disputes arising here shall be exclusively subject to the jurisdiction of the courts of England and Wales. If any of these Terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any country in which these Terms are intended to be effective, it shall be severed and deleted from this clause. All other Terms of Use and Terms & Conditions shall remain in full force and continue to be binding and enforceable. Malcolm Waite Limited reserves the right to change any of its terms and conditions at any time by posting changes on-line. All contracts are concluded in English. If you do not accept these Terms in full, you must stop using this website immediately.

Ordering your car online

These Terms and Conditions (“Terms”) describe the rights and responsibilities of you and us in relation to your purchase of a vehicle through this website. Please read them carefully as they represent a legally binding agreement between you and us (and the finance company if you buy on finance). Any purchase of a vehicle on this website is subject to these Terms. The contract between us is concluded in English. On our website you can search our range of new and used vehicles. Once you have made your choice, you can pay for your car outright or finance it by applying for a finance package online. You can part-exchange your existing vehicle and put the money towards the deposit for your new car. There is also an option to reserve a car for up to 72 hours from the time the reservation is placed. The prices displayed on our site are inclusive of VAT, unless otherwise clearly stated exclusive of VAT.

At the beginning of the order process, you will be asked to confirm your preferred payment method (PCP, HP, Pay in Full, Reservation Fee). Once you have selected your car, you will then receive a quote based on your preferred payment method (but you can also choose to review quotes for other methods).

If you decide to proceed with your purchase and you have decided to pay in full, you will be asked to put in your personal and payment card details to complete the process (see the ‘Paying in Full’ section below).

If you choose to purchase a vehicle and you have selected a finance option, you will be asked to complete a finance application online (see the ‘Buying with Finance’ section below).

If you decide to reserve a vehicle by paying a reservation fee, you will be asked to enter your personal and payment card details (see the ‘Paying a Reservation Fee’ section below).

If you would prefer not to use the online process but would still like to purchase one of the vehicles shown, please contact Malcolm Waite Ltd for further assistance.

Buying with Finance

If you decide to place an order and buy on finance, you will be asked to enter your personal details and address and then fill in a finance application online. You must be over 18 to apply for finance, and acceptance is subject to status. In some circumstances a guarantee may be needed.

When you click “submit application”, we send your information to the finance provider via Codeweavers (our finance technology provider) who will review your eligibility for the finance package requested. As part of this review our finance partners will carry out their prescribed credit checks and searches. Please note that if you apply for a finance package but are unsuccessful this may affect your credit rating and/or credit score. The same applies if your application is successful but we are unable to confirm your order, and you choose not to proceed with an alternative vehicle. If your finance application has been successful you will be notified on screen, but please note that this does not mean that your order has been accepted. Your order merely constitutes an offer to enter into your chosen finance package, subject to these Terms and the terms of the finance agreement. Even if your finance application is approved, there may be circumstances in which we are unable to accept your order. If this is the case, we will inform you of this by email. This might be because the vehicle has already been sold, because we have identified an error in the price or description of the vehicle, because we are unable to meet a delivery deadline you have specified, the vehicle may be condemned in the workshop and not meet our sales standard and by default removing it from sale or because we suspect the transaction may be fraudulent.

If your application has not been successful, we will contact you offline verbally or in written form to notify you that your application has been declined, and will seek alternative lenders.

We will be in touch with you by email and/or phone regarding the next steps required to complete your purchase. These steps will include signature or e-signature of your finance agreement, payment of any deposit, and if applicable, arrangements regarding the part-exchange of your vehicle. We will contact you with the lenders’s procedures, including identification requirements. Once the lender has confirmed acceptance of your offer, you will be sent an order confirmation by email. At that point a contract will be formed between you, us and the lender for the finance and use of your new vehicle.

Our Financing Methods

We use PCP and HP finance products through our selected lenders, details available upon request.

Paying in Full

If you decide to place an order and pay in full, you will be asked to enter your personal details, address and payment card information. When you click on “Submit Payment”, the full purchase price will be debited from your payment card immediately.

After placing an order, you will receive an email from us that acknowledges our receipt of your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy the vehicle. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms all of the relevant details of your order (the "Order Confirmation"). The contract between you and us will only be formed when we send you the Order Confirmation. We will inform you of the next steps required to proceed to handover after the Order Confirmation, including arrangements regarding any part-exchange vehicle.

If we are unable to accept your order, we will inform you of this by email. This might be because the vehicle has already been sold, because we have identified an error in the price or description of the vehicle, because we are unable to meet a delivery deadline you have specified, the vehicle may be condemned in the workshop and not meet our sales standard and by default removing from sale or because we suspect the transaction may be fraudulent. If we are unable to accept your order, we will refund your money in full as soon as possible, usually within 5-10 days but no more than 30.

Paying a Reservation Fee

If you choose to reserve a car by paying a £99 reservation fee, you will be asked to enter your personal details, address and payment card information. When you click on “submit payment”, the amount of the reservation fee will be debited from your payment card immediately. After paying a reservation fee, you will receive an email from us that acknowledges receipt. Please note that this does not mean that your reservation has been accepted. All reservations are subject to acceptance by us, as we need to check that the car has not already been sold or reserved by someone else. We will confirm our acceptance of your reservation by sending you a confirmation email (the "Reservation Confirmation").

Vehicles can be reserved online or via a telesale for a maximum of 72 hours unless otherwise agreed by us. If the reservation is made and the vehicle is subsequently purchased then the £99 Reservation fee is credited to the sale as a deposit. If you come to us and see the vehicle but choose not to buy it then we do refund the reservation fee. This refund can take up to 10 working days as it is processed through the stripe payment system. If you do not come to us and see the vehicle within the 72 hour window (working days) then the reservation fee is lost as we have held the vehicle from general sale and lost the opportunity to otherwise re-sell it. The vehicle is subsequently returned back to general sale.

Changes to your order

If you decide that you would like to make a change to your car after you have placed the order, please let us know as soon as possible by contacting us at Malcolm Waite Ltd on 01304 613685 or info@malcolmwaite.com. At our discretion we may present you with a new order proposal accommodating the changes. This proposal will take account of any resulting changes to your finance package and delivery/collection date. If you choose to accept the new proposal, your previous order will be cancelled. If you do not communicate your acceptance of the new proposal to us within the required timeframe, we will continue to fulfil your original order. Please note that we cannot agree to all requests for changes to vehicles. We will contact you to discuss possible options in these circumstances, but we will be entitled at our discretion to hold you to your original order.

Your right to cancel

If you have reserved a vehicle online and do not wish to purchase it once you have viewed it at our premises then we refund the £99 back to you. We will process your refund within 48 hours of your request. Depending on your card provider, it can take up to 10 days for the refund to appear on your statement. If we bring the car to you and you do not complete the sale then we retain the £99 reservation fee towards the costs of the return journey.

Part Exchange

On our website you may obtain a valuation for your current vehicle by entering the registration number. The value of the vehicle may then be applied towards the deposit for the vehicle you are purchasing. If there is finance outstanding on your vehicle, we will settle this and any remaining value will be put towards your deposit. If the outstanding finance is more than the value of your car, you will need to settle it yourself before handover.

You will need to hand over your part exchange vehicle on delivery or collection of your new car. At the same time, you must give us the

logbook (V5 registration certificate), service history, handbook pack (including service portfolio), MOT certificate (if applicable), parcel shelves and/or tonneau covers and a minimum of 2 sets of keys. When you hand over your vehicle, the title to it will pass to us.

Our representative will inspect the vehicle before handover. If the condition, mileage or other valuation parameter of the vehicle is not as described by you upon valuation, we will have the right to adjust the value of the vehicle or refuse to accept it within the sale. If this results in a deficit of the amount due to us for your new vehicle, you will be required to make up the shortfall before your new vehicle is handed over to you. We will discuss available options, which may include payment by debit or bank transfer, or adding the shortfall to your finance (if applicable).

Collection and Delivery

During the online order process, you will be asked to choose how you would like to receive your vehicle. The vehicle can only be delivered after it has been inspected on the business premises. You will be given the following options:

- collection from the dealership where the car is currently located;

- collection from another dealership within the group;

or

- delivery to your home address (which must be the same as the billing address for the card used to pay for the car, or the address on your finance agreements, as applicable).

Delivery to you is free across the mainland, other journeys are accommodated upon request. The actual collection or delivery date will be confirmed by email or telephone at point of order following inspection. Delivery fees can be paid via direct debit, bank transfer or added on to your finance.

Delivery of vehicles is only available Monday – Saturday during business opening hours and to destinations within the mainland UK, delivery to Ireland or Northern is upon request. The driver must be met by the purchaser or approved recipient. The driver is not responsible for damage in transit. As the vehicle must be insured by you prior to travel damage will be your liability as the driver will be acting on your behalf and not ours. The driver cannot screen any questions you may have upon delivery whatsoever and their views and opinions are not reflective of the companies. You will need to contact Malcolm Waite Ltd on 01304 613685 during business hours if you have questions during the delivery of the vehicle. There must be adequate and safe parking to receive the vehicle. If the recipient is not there then the driver will abort the trip and return home and any on-cost will be your liability. On handover the driver will pass you all of the relevant particulars and the key(s) to operate the vehicle but the driver will not demonstrate the car go through any operating procedures or screen any questions.

Your Account and Security

Your account you have the option to set up an account on our service if you are buying on finance (“My Account”). This will allow you to access and/or change your saved vehicle and/or finance configurations and update or change your personal details. Where you create an account, you will be asked to provide an email address and password. You may also set up an account with us using your log-in details from third-party services approved by us (e.g. Facebook and Google) and you give us permission to access and use your information from that service as permitted by that service.

We will use the information provided in accordance with the Privacy Policy [Note to customer: add link here].

In all cases, you are responsible for your account, including making sure that your details are correct and kept up-to-date and ensuring that your password is secure. You are also responsible for all activity that takes place on your account. You must not share your account with any other person. Payments are processed securely by our payment processor partner, Stripe (and its global affiliates). If you are paying in full, or paying a reservation fee, you will need to enter your debit card information. You warrant that you have appropriate authority to use the payment card details which you enter. By entering your debit card information, you agree to use of that information by Stripe for the purpose of paying the amount due and processing your payment.

Warranties and Liabilities

All of our vehicles will be supplied with a minimum of 12 months warranty (balance of manufacturer or top up by our provider) and these warranties vary dependant on the engine size, drivetrain, mileage and make of vehicle. The maximum claim value for each repair varies dependent upon the warranty and this is detailed within the policy document. Any questions or queries are to be addressed at point of order.

Complaints and Dispute Resolution

All complaints must be in writing to Malcolm Waite Ltd, Harnet House, Harnet Street, Sandwich, Kent, CT13 9ES and they will be responded to within 30 days. Alternatively, you can use the EU’s online dispute resolution platform to make a complaint and have it resolved by an independent dispute resolution body. Please click on this link for further information:

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage

Privacy policy

Other Legal Terms.

We will not be liable to you if any failure or delay in our performance under these Terms is caused by circumstances beyond our reasonable control (such as acts of God, war, terrorism or industrial action). No other person has any right to enforce any of these Terms. Any waiver of any provision of the Terms will be effective only if in writing and signed by us. Each of the paragraphs in these Terms operates separately. If any courts or relevant authority decide that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect. Any rights not expressly granted herein are reserved.

These Terms and your use of the Service, including any dispute or claim (whether in contract, tort or otherwise) arising out of or in connection with them, will be governed by English law. We both agree that the courts of England and Wales shall have exclusive jurisdiction over any such dispute or claim. However, we acknowledge that in certain cases, if you are purchasing as a consumer, applicable law may allow you to bring a claim (or be sued) in your own jurisdiction.

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