1. Introduction
TERMS AND CONDITIONS FOR THE SALE OF CARS FROM THIS WEBSITE PLEASE READ CAREFULLY BEFORE ORDERING A CAR
1.1 References in these Terms and Conditions to you and your are to the person who buys a car from us and references to us, we or our are references to Jamjar Cars Limited.
1.2 These Terms and Conditions apply to all purchases of cars displayed on this website at www.jamjar.com which are bought over the telephone.
1.3 The car is sold to you by Jamjar Cars Limited and you pay the purchase price to Jamjar Cars Limited a company registered in England under registration number 3202757. Our registered office is at 3 Princess Way, Redhill, Surrey. RH1 1NP. Jamjar Cars Limited registered VAT number is 243852752.
1.4 Jamjar Cars Limited is authorised by us to accept orders for cars on these Terms and Conditions and to receive payment of the purchase price on our behalf.
2. Formation of Contract
2.1 The display of cars on this website and the provision of any quotation is not an offer to sell you a car. If you wish to buy a car you must place an order which we may accept or refuse. We reserve the right to ask you to pay a deposit. If we refuse to accept your order we do not have to provide you with a reason. If we do accept your order, the contract will, where you have applied for credit to buy the car, be conditional upon your application for credit being accepted.
2.2 All drawings, photographs, illustrations, descriptions and advertising material on this website are published only to give you an approximate idea of the cars for sale and do not form part of the contract between you and us.
3. Price and Price Variations
3.1 The purchase price is the total price payable by you for the car inclusive of car tax, road fund licence, number plates and the total price of any optional equipment, accessories and extended warranty specified in the order and value added tax at the rate in force at the date of order.
3.2 We may vary the purchase price by an amount attributable to any increase or decrease in the rates of car tax, road fund licence and/or value added tax between the date we accept your order and the date we notify you that the car is ready for delivery.
4. Payment Terms
4.1 You must pay the purchase price (less any deposit you have paid and the value of any part-exchange vehicle calculated in accordance with Condition 5.1) in Pounds Sterling by electronic funds transfer (BACS or CHAPS) to Jamjar Cars Limited as soon as possible after you receive confirmation of our acceptance of your order and in any event not less than ten days before the date arranged for delivery of the car.
5. Part-Exchange Vehicle
TERMS AND CONDITIONS FOR THE SALE OF CARS FROM THIS WEBSITE PLEASE READ CAREFULLY BEFORE ORDERING A CAR
5.1 Where you offer to sell us a vehicle in lieu of paying part of the purchase price (from now on referred to as the part-exchange vehicle) we will give you three valuations for the part-exchange vehicle. The valuations will be determined using the information you provide to us about the part exchange vehicle. The valuations are given by us on the assumption that we will collect the part-exchange vehicle from you either within 30 days, between 31 and 60 days or between 61 and 90 days of the date we gave you the valuation for the part-exchange vehicle. You will be deemed to have paid that part of the purchase price equal to the value of the part-exchange vehicle as stated in our valuation which corresponds with the date on which we collect the part-exchange vehicle from you (from now on referred to as the part-exchange valuation).
5.2 We will not buy the part-exchange vehicle from you unless you buy the car from us and only then if:
5.2.1 the part-exchange vehicle is owned only by you and is not subject to any arrangement with a third party where that third party has an interest in the part-exchange vehicle (such as a hire purchase or leasing agreement or loan secured against the part-exchange vehicle) unless the arrangement with the third party is capable of transferring ownership of the part-exchange vehicle to you for settlement in cash, in which case (after we have collected the part-exchange vehicle and delivered the car) we will pay to such third party the amount required to release the car from such arrangement and you agree that the part-exchange valuation is reduced by an amount equal to the amount to be paid to such third party;
5.2.2 we have examined the part-exchange vehicle and confirmed that at the time of collection, subject to fair wear and tear, it is in the same condition as described by you to us when you placed your order for the car;
5.2.3 the part-exchange vehicle is collected by us before or at the time that the car is ready for delivery and ownership of the part-exchange vehicle passes to us absolutely upon collection of the part-exchange vehicle (subject only to Condition 5.2.1); and
5.2.4 the statements and representations made by you in relation to the part-exchange vehicle (whether via this website, over the telephone or otherwise) are accurate and complete in all respects.
5.3 If for any reason:
5.3.1 the part-exchange vehicle is not collected by us within 90 days of the date we gave you the valuation for the part-exchange vehicle; or
5.3.2 the total mileage shown on the odometer of the part-exchange vehicle on collection by us exceeds the estimated mileage we specified when we gave you the valuations for the part-exchange vehicle by more than 1000 miles; or
5.3.3 any of the conditions in Conditions 5.2.1 to 5.2.4 has not been met we may at our option recalculate the part-exchange valuation or cancel the contract or require you to pay the purchase price in full in accordance with these Terms and Conditions without us buying the part-exchange vehicle from you.
6. Finance and Leasing
6.1 If you buy a car from us using finance from a third party or through a leasing company you will also be subject to terms and conditions imposed by the finance or leasing company.
7. Delivery
7.1 When you place an order with us we will ask you to choose whether you wish to have the car delivered to you at an address in mainland Great Britain either on a car transporter or by a driver of our choice. You will be advised of the prices for the different methods of delivery.
7.2 You can change your chosen delivery method up to 5 working days before the due delivery date so long as you pay the relevant delivery charges to us on delivery.
7.3 When you ask us to deliver the car to you at an address in mainland Great Britain it may not be perfectly clean and may have suffered wear and tear as a result of the journey. You accept that we will not be liable for such wear and tear unless caused as a direct result of our negligence. Where one of our drivers has delivered the car to you, the mileage shown on the odometer of the car will increase from that indicated in any initial order documentation supplied by us, to reflect the mileage incurred during the journey.
7.4 We will try to deliver the car by the date specified in our confirmation of acceptance of your order, but time will not be of the essence for delivery and we will not be liable to you for any delay in delivery or for any loss (including loss of enjoyment, use and profit), costs, damages, charges or expenses caused directly or indirectly by any delay in delivery.
7.5 You may not take delivery of the car until you have paid the purchase price.
8. Termination
8.1 If any of the following occur and, where the breach is capable of remedy, you have not done so within 7 days of receiving a written notice from us to that effect, we may terminate the contract:
8.1.1 we reasonably believe that the contract has been formed upon the basis of a typographical or arithmetical error (including but not limited to the purchase price or part-exchange valuation);
8.1.2 you fail to pay the purchase price and any other sums due to us under these Terms and Conditions before or when the car is available for delivery;
8.1.3 where you have agreed to collect the car, you fail to collect it within 14 days of the agreed date for collection;
8.1.4 where you have not agreed to collect the car, you do not within 7 days of the date we notify you that the car is available for delivery or collection agree a date and nominate an address in mainland Great Britain for us to deliver the car to you within a further 14 days;
8.1.5 for any reason you are unable to or do not accept delivery of the car at your nominated address in mainland Great Britain on the agreed date for delivery and you did not give us more than five working days notice that you would not be able to accept delivery on that date; or
8.1.6 you are in breach any of these Terms and Conditions.
8.2 In the event of our having to give you notice under clause 8.1, we may store the car or have it stored by a third party on such terms as we think fit, with the reasonable costs of such storage and any additional transportation to be paid by you until we deliver the car to you or terminate the contract.
9. Your Right to Cancel
9.1 The Consumer Protection (Distance Selling) Regulations 2000 provide you with a right to cancel the contract at any time up to the end of the seventh working day beginning with the day after the day on which you receive the car. Working days excludes weekends and bank holidays.
9.2 If you wish to cancel the contract you must write to us care of Jamjar Cars Limited, Cyan Building, Adwick Park, Wath-Upon-Dearne, Rotherham, S63 5AD or fax us on 01405 744387.
9.3 If the contract is cancelled by you in accordance with these Terms and Conditions after delivery of the vehicle we will give you the option of returning the vehicle to us at our distribution centre at Jamjar Cars Limited, Cyan Building, Adwick Park, Wath-Upon-Dearne, Rotherham, S63 5AD (or such other location as we notify to you) at your expense or permitting us to collect the vehicle from you, in which case we will charge you £250 inc. VAT to meet our direct costs of recovery, in both cases within 10 days of the date of cancellation.
9.4 At the time of return or collection of the car you must provided to us all keys, the V5 registration document and all optional equipment and accessories and other documentation and items supplied with the car.
9.5 If you cancel the contract following delivery of the car you must take good care of the car until such time as the car is in our control and agree to such arrangements as are necessary to allow us to collect the car if we so require under Condition 9.3.
9.6 We will return all sums paid by you in relation to the cancelled car less any sums deducted pursuant to Conditions 9.3 and 9.9.1, any sums paid to any third parties pursuant to Condition 5.2.1 and any sums which relate to a service which we have already begun to provide at the date of cancellation.
9.7 If we have taken possession of a part-exchange vehicle from you when you cancel the contract we may, subject to Condition 9.6 and at our option return the part-exchange vehicle to you or pay to you a sum of money equal to the part-exchange valuation.
9.8 If you buy the car from us through a finance company and you cancel the contract, your notice of cancellation will be deemed to cancel the agreement between us and the finance company and the agreement between you and the finance company.
9.9 You will not be entitled to cancel the contract if:
9.9.1 the car has suffered any damage which was not caused by us unless we decide to accept return of the car and agree an appropriate reduction in the amount of money to be returned to you following cancellation to fairly and adequately compensate us for the cost of repairing the damage to the car and/or any reduction in value of the car;
9.9.2 you are unable for any reason or refuse to return the car to us or permit us to collect the car in accordance with Condition 9.3;
9.9.3 the car has been made to your specifications or clearly personalised.
9.9.4 you fail to take reasonable care of the car, which for the avoidance of doubt includes increasing the mileage shown on the cars odometer by more than 150 miles compared with the reading recorded on the car handover checklist which we will provide to you on delivery of the car.
10. Limitation of Liability
10.1 Nothing in these Terms and Conditions affects or excludes your statutory rights as a consumer or any other rights which may not be excluded or limited by law. Otherwise all terms implied by law are excluded to the fullest extent permitted.
10.2 We will not be liable to you for any loss of profit, of anticipated savings; or of loss of enjoyment, or any other consequential loss.
11. General
11.1 We may tell you verbally that the car is available for delivery, but any other notices required to be given in connection with the contract must be in writing and delivered by hand or prepaid first class post (or airmail for notices sent from outside the United Kingdom). We will send notices to the postal address you give to us when you place an order or to such other address as you notify to us in writing. Notices which you send to us must be sent to Jamjar Cars Limited, Cyan Building, Adwick Park, Wath-Upon-Dearne, Rotherham, S63 5AD. Notices will be deemed to have been given at the time of delivery (if delivered by hand) or two working days after posting if sent by pre-paid first class post or seven working days after posting if sent by airmail post.
11.2 The contract is personal to you and you may not assign or transfer it to any third party without our prior written consent.
11.3 We can transfer our rights under the contract to a third party, but otherwise nothing in these Terms and Conditions gives any person who is not a party to the contract other than Jamjar Cars Limited any benefit or any right to enforce any of the terms of the contract.
11.4 Except as stated in Condition 1.4, nothing in these Terms and Conditions creates a partnership or agency between us and Jamjar Cars Limited, or authorises either us or Jamjar Cars Limited to act as agent or hold itself out as agent for the other and neither we nor Jamjar Cars Limited have authority to act in the name of, on behalf of, or otherwise to bind the other in any way.
11.5 Your order and the formation of the contract are governed by and interpreted in accordance with English law.
11.6 The English courts have jurisdiction to hear disputes between us.
12. Visitor Agreement
Please read this carefully. By accessing the web site at www.jamjar.com (the "Site") you are agreeing to the terms that appear below.
Introduction
This Site is owned and operated by Jamjar Cars Limited, which is a member of the Royal Bank of Scotland group. The Site is intended for use by UK residents only. Any purchases made after visiting the Site will be subject to separate terms and conditions other than those referred to herein. Jamjar Cars Limited is a member of the Royal Bank of Scotland group.
Use of site content
The Site is made available for your personal, non-commercial use only. All material (including any Software and intellectual property rights) on the Site (the "Content") is the property Jamjar Cars Limited and its assigns or successors in title or its licensors.
You may retrieve and display Content from the Site on a computer screen, print individual pages on paper (but not photocopy them) and store such pages in electronic form on disk (but not on any server or other storage device connected to a network) for your personal, non-commercial use.
Except as expressly provided in this agreement, you may not copy, reproduce, republish, lease, sub-licence, download, post, broadcast, transmit, modify, create derivative works from, or in any way commercially exploit any of the Content.
In particular, but without limiting the generality of the above, you may not do any of the following without prior written permission from Jamjar Cars Limited:
- redistribute any of the Content (including by using it as part of any library, archive or similar service);
- remove the copyright or trade mark notice from any copies of Content made under these Terms;
- create a database in electronic or structured manual form by systematically downloading and storing all or any of the Content.
Requests to republish or redistribute Content should be addressed to The Internet Manager, Jamjar Cars Limited at Cyan Building, Adwick Park, Wath-Upon-Dearne, Rotherham, S63 5AD.
You acknowledge that "jamjar.com", "jamjarcars" and the jamjar logo are trade marks of Jamjar Cars Limited and that you may not use them without written permission from Jamjar Cars Limited.
The names of other products and services referred to on the Site may be the trade marks of their respective owners. You may not use any trade mark or service mark appearing on this website without the prior written consent of the owner of the mark.
Site Transactions
You may use the Site to purchase products or services from Jamjar Cars Limited's third party partners. In that event, your contract for such products will be with the third party partner and will be subject to that third party's terms and conditions. Jamjar Cars Limited cannot be responsible for any aspect of the relationship between you and the third party partner.
Software
Copyright in any software that is made available for use on the Site ("Software") belongs to Direct Line or its licensors. Your use of the Software is governed by the terms of this Visitor Agreement. Do not use any Software unless you agree to these terms.
Limitation of liability
Jamjar Cars Limited makes every effort to ensure that the Content on the Site is accurate and will endeavour to make the Site available at all times but does not guarantee that the Site and the Content will be free of errors or will operate without interruption. Jamjar Cars Limited excludes any liability for any errors and omissions on the Site or any loss caused by the use of or inability to use this Site.
Jamjar Cars Limited and its licensors cannot guarantee that any Software on the Site will meet your needs or expectations, will operate without interruption or will be free of errors and Jamjar Cars Limited excludes all liability in respect of your use of the Software.
Jamjar Cars Limited does not accept liability for any consequential or incidental damages (including but not limited to lost profits, loss of privacy) or for any other indirect, special, or punitive damages whatsoever that arise out of or are related to the use of the Site or the purchase or use of any products or services from the Site.
Jamjar Cars Limited will only be liable for direct loss (save in the case of death or personal injury caused by Jamjar Cars Limited's negligence, in respect of which there is no limit) up to a maximum total of the price of the product or services purchased, which are the subject of the claim. You are specifically referred to any terms and conditions that may apply to any purchase you are considering.
Links to other sites
The Site contains links to other World Wide Web sites provided by independent third parties ("Third Party Sites"), either directly or through frames. Where possible, Jamjar Cars Limited will make clear where such links are being made, though Third Party Sites may be co-branded with Jamjar Cars Limited and so include Jamjar Cars Limited's trade marks. Jamjar Cars Limited is not responsible for the availability or content of Third Party Sites and will not be a party to, or in any way responsible for, any transaction concerning goods or services available from such Third Party Sites.
Changes to these terms
Jamjar Cars Limited reserves the right, at its discretion, to make changes to any part of the Site. Due to its policy of updating and improving the site, Jamjar Cars Limited may also wish to change these Terms (including those relating to your use of the Content). By using the Site following any changes to the terms, you agree to be bound by those changes.
Advertising and sponsorship
Parts of the Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site complies with all legal and regulatory requirements. Jamjar Cars Limited will not be responsible for any error or inaccuracy in advertising material.
Auctions
Jamjar Cars Limited's auctions will be governed by specific terms and conditions set out on the Site. By bidding at a Jamjar Cars Limited auction you agree that the auction will be governed by those additional terms and conditions.
Competitions and prizes
From time to time Jamjar Cars Limited may run competitions, free prize draws and promotions on the Site. These are subject to additional terms that will be made available at the time of such competitions.
Choice of law and jurisdiction
This Agreement will be governed by the laws of England and Wales and the parties agree to submit to the exclusive jurisdiction of the English courts.
General
You may not assign, sub-license or otherwise transfer any of your rights under these Terms. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. Failure by Jamjar Cars Limited to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy. Headings in these Terms are for convenience only and will have no legal meaning or effect.
Your Information
We are a member of the Royal Bank of Scotland group (the Group). For information about our Group of companies please visit www.rbs.com and click on 'About us', or for similar enquiries please telephone 0131 556 8555 or Textphone 0845 900 5960.
Your information comprises all the details we hold about you and your transactions, and includes information obtained from third parties We may use and share your information with other members of the Group to help us and them:
- assess financial and insurance risks;
- recover debt;
- prevent and detect crime;
- understand our customers' requirements;
- develop and test products and services.
We do not disclose your information to anyone outside the Group except:
- where we have your permission; or
- where we are required or permitted to do so by law; or
- to credit reference agencies and other companies that provide a service to us or you; or
- where we may transfer rights and obligations under this agreement.
We may transfer your information to other countries on the basis that anyone to whom we pass it provides an adequate level of protection. However, such information may be accessed by law enforcement agencies and other authorities to prevent and detect crime and comply with legal obligations.
From time to time we may change the way we use your information. Where we believe you may not reasonably expect such a change we shall write to you. If you do not object to the change within 60 days, you consent to that change.
If you would like a copy of the information we hold about you, please write to: Data Protection Manager, Jamjar Cars Limited, 3 Princess Way, Redhill, Surrey. RH1 1NP. A fee may be payable.
Telephone Calls
We may monitor and/or record telephone calls in order to improve our service.
Security
We take security very seriously and use one of the strongest available security systems to protect your communications with us. Whenever you fill in a form, such as a request for a quote, it is automatically protected using something called a Secure Socket Layer ("SSL") between your computer and ours. SSL works in the following ways:
- It prevents impersonation. You can tell that you are using a genuine SSL site by the padlock symbol at the bottom of the screen. Clicking on either the padlock or the image opposite will reveal our Registration Certificate that is issued by Verisign, a leading Internet security company.*
- It encrypts data. As soon as your computer has recognised our computer they encrypt all information that is passed between them. Data encryption means that no one else can read or change your information as it travels over the Internet.
- It prevents scrambling. SSL uses a Message Authentication Code (MAC) to prevent anyone tampering with our Internet site. Your computer will always check this code before it takes a message from us. This means that if anyone tried to interfere with a message, your computer would not recognise the code and would alert you.
*There are two minor problems with Microsoft Internet Explorer. Neither problem has any effect on the actual security in force, but may make it appear to you as if it is not fully secure.
Internet Explorer 4. The padlock symbol does not always appear at the bottom when it should. A full description of this error, number Q154621, is at: Microsoft Support
Internet Explorer 5. If you click on the padlock symbol to view the security certificate the following message may be displayed: "This certificate has failed to verify for all of its intended purposes". The other details of the certificate shown are correct. A full description of this error, number Q233479, is at: Microsoft Support
Further information
As well as ourselves, all other companies in the RBS Group are registered under the Data Protection Act 1998.
On payment of a fee you have a right to receive a copy of the information we hold about you. This will be information you have specifically provided to us during your visits to the Site or during a phone call. If you would like a copy of it please contact the Data Protection Officer, Jamjar Cars Limited, Cyan Building, Adwick Park, Wath-Upon-Dearne, Rotherham, S63 5AD.
We do not accept any liability and this privacy policy does not apply to any content or information contained in or collected from or submitted to any third party sites that you accessed via any link from our or any RBS Group company website.
* Max call charge from a BT landline is 3.36p per minute. Calls from other networks may vary. Calls may be recorded.
