Full Terms and Conditions
Version 1.2 26.08.2015
Acceptance of Terms
- “We”, “Us”, “Our” and “Cocoon Vehicles” shall refer to Cocoon Vehicles Limited whose registered number is 6113683 and registered office is, 17 St Christophers Way, Pride Park, Derby, DE24 8JY.
- “You” and “Your” shall refer to You personally, being the customer or prospective customer desiring to purchase Goods from Us.
- “Goods” are used vehicles supplied by Us plus any ancillary products or services.
- “Secured Finance” are facilities arranged on Your behalf by Us, with Your full consent, to provide funding for the purchase of Goods. These take the form of Hire Purchase, Personal Contract Purchase and any other form of funding provided by a Financial Institution that uses the Goods as a form of security.
- “Unsecured Finance” are facilities arranged on Your behalf by Us, with Your full consent, to provide funding for the purchase of Goods. These take the form of Personal Loan, Motor Loan and any other form of funding provided by a Financial Institution that does not require any security being invoked on the Goods.
- Satisfactory “Merchantable Quality” is defined by the condition of the Goods being at a level that is deemed to be satisfactory and fit for purpose, when consideration is taken for the age and mileage of the Goods. This does not under any circumstances affect your rights pursuant to the SOGA.
- “Payment Method” is by Bankers Draft, Credit/Debit card, Bank Transfer or Finance Company Transfer if a Secured Finance or Unsecured Finance agreement is in place. Cash payments in excess of £500 will only be accepted on the sole discretion of Us and may require a satisfactory source of funds verification to be made. Card holder not present transactions will only be accepted up to a value of £2,500 and for payment of a deposit amount only. Credit cards will be subject to a 2.5% levy charge to cover processing costs except on Refundable Deposits.
- “SOGA” is the Sale of Goods Act 1979 (as amended).
- “Place of Business” represents any place where We trade with face to face interaction with You and Our Goods are presented for retail to the general public.
- “Distance Contract” represents any form of sale conducted by Us to You that does not include any face to face contact from (and including) an initial order being raised on a vehicle until the time of delivery of the Goods at which point Our contract is concluded. In these cases the contract is governed by both the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and Distance Marketing Regulations 2004 as appropriate.
- “Specification” represents the accurate description of the vehicle make model and derivative of the vehicle and any manufacturer fitted feature of the vehicle such as, but not limited to, engine; colour; wheel size; upholstery; equipment or other feature that has a material effect on the valuation of the vehicle.
Orders and Deposits
- In You placing an order it enables Us to remove a vehicle from retail sale to the general public and allocate a reserved status. To do this a deposit is required from You, the amount of the deposit required is subject to variation at the sole discretion of Us and will be not less than £100 per vehicle and typically £500. On receipt of the deposit monies We will remove a vehicle from sale to the general public for a period no longer than 7 days.
- If You are reserving a vehicle via the electronic facilities on Our website Cocoon Vehicles.co.uk (or any other url used under license by Us) then We will remove a vehicle from sale to the general public for a period no longer than 7 days and You have an obligation to be in contact with Us via one of Our stipulated methods within 24 hours of placing the reservation. Failure to do so will result in Us acting in good faith in assuming that Your intention is to rescind the transaction. As a result, the vehicle will be removed from reserved status and any monies deposited as cleared funds in Our bank account will be returned, in full, to Your original source of funds.
- If You are reserving a vehicle that You have not had the opportunity to inspect, be it either by way of a Distance Contract or if we are requested by You to move a vehicle from one Place of Business to another. You are entitled to a full refund of the deposit monies less any failed appointment charges as defined in clause 11. These monies will be returned by Us by way of manual cheque or if a debit/credit card was used for the original deposit by way of refund to that payment card.
- In the event where We fail to arrange Secured Finance or Unsecured Finance for You once You have reserved a vehicle, You are entitled to a full refund of the deposit monies less any failed appointment charges as defined in clause 11. These monies will be returned to You by Us by way of manual cheque or if a debit/credit card was used for the original deposit by way of refund to that payment card.
- The deposit having been paid upon the placing of an order then the balance payable (or as the case may be, the sum required to complete any initial payment to a Finance Company) is to be paid by You or if applicable the 3rd party Finance Company prior to delivery of the Goods.
- Delivery of the Goods is to be taken at Our Place of Business within 7 days of notification to You that the vehicle is ready for delivery. The Goods shall remain in Our beneficial ownership until full payment for the goods has been received. The risk in the goods, however, shall pass to You upon delivery.
- Under Distance Contracts and in exceptional circumstance at Our sole discretion We will arrange and agree a delivery to Your fixed place of residence. We may require proof of address to be provided before a delivery is arranged and proof of identity will be required at the point of delivery. In all instances a delivery charge will be made, the amount of which will be determined in line with the distance required to move the vehicle from Our Place of Business to the delivery address. The delivery charge will be communicated prior to completion of the contract and will be subject to VAT.
Delay in Delivery
- We will use Our best endeavours to secure delivery of the Goods on the desired delivery date or dates in accordance with Clauses 6 and 7, but shall be under no liability whatsoever for loss occasioned by delay in delivery arising out of any cause whatsoever.
Transfer of Deposit
- Not withstanding Your rights defined by clause 4 if You fail to pay and take delivery of the Goods within 7 days of notification that the Goods are available for delivery We shall be at liberty to treat the contract as repudiated by You. We shall then be entitled to dispose of the Goods and reserve the right to offset and recover from You, by way of damages, any loss or expense including storage and depreciation costs which We may suffer or incur as a result of Your default. These costs will typically be £50 per day up to a maximum in line with your initial deposit amount paid. The deposit can however be transferred by You in full to another vehicle on Your request at any time within 90 calendar days from the point at which this contract is repudiated.
- We will charge an Administration Fee for each vehicle, the amount of which will be clearly presented and is in addition to the purchase price of the vehicle. The fee covers all costs associated with administration and paperwork including sending V5 documentation to the DVLA, plus we will provide You with a HPI report on Your new vehicle for Your retention. The vehicle Administration Fee is non-refundable.
Failed Appointment Charge
- We reserve the right to invoke a Failed Appointment Charge of £100 per instance to compensate Us for costs incurred for a failure by You to meet an agreed appointment made with Us that was previously confirmed in writing (including email). Failed Appointment Charges will be waived should You provide in writing a minimum of 24 hours notice of Your inability to meet the agreed appointment. An appointment includes agreed dates and times to view a vehicle that has been ordered and also appointments to take delivery of the Goods.
Part Exchange / Our Used Vehicle Purchases from You
- Where We agree to allow part of the price of the Goods to be paid by You delivering a used vehicle to Us, such used vehicle shall be delivered and accepted upon the following conditions:
- That, after examination of Your vehicle and inspection of the accompanying documentation at the time of any agreement being made as to a valuation by Us, it shall be delivered in the same condition and within 250 miles on the odometer as and when so examined. We reserve the right to revalue Your vehicle if You fail to adhere to this requirement. The order and any allowance in respect of a used motor vehicle offered by You in Part Exchange or under the used vehicle purchase scheme are subject to acceptance and confirmation in writing by Us.
- That where the used vehicle is the subject of a Secured Finance agreement We shall be entitled to make any such payment to the Finance Company and will, with the consent of that Company, finally discharge such agreement and the allowance shall be reduced by the amounts so paid.
- You will disclose to Us whether the used vehicle is subject to an existing Secured Finance agreement, if this is not disclosed to Us and later becomes apparent You will be liable to repay to Us any amounts required to be paid by Us to the Finance Company to discharge such agreement. We will conduct our own checks using industry standard ownership verifications to seek confirmation of any Finance Interest placed on the vehicle, however this does not waive Your disclosure obligations under this agreement.
- If this agreement is cancelled after Your used vehicle has been delivered to Us, We later may cancel the agreement to purchase Your used vehicle, provided that, if We have before cancellation sold or thereafter sell the used vehicle You shall be entitled to the profit or shall bear the loss (as the case may be) on the resale of Your used vehicle (in calculating this profit or loss Our reasonable selling expenses shall be taken into account).
- If a cancellation is invoked under this agreement and the amount paid to the Finance Company under clause 12(b) or 12(c) as the case may be, exceeds the value agreed in part exchange of the vehicle, You are liable to Us for the differences between these amounts with the payment needing to be made within thirty (30) days of you sending notice to cancel this agreement either under clauses 16, 17, 18 and 19 or in line with your statutory rights.
- That if the Goods to be delivered by Us through no default on the part of Us shall not be delivered to You within thirty (30) days after the date of Your order or the estimated delivery date, where the date is later, the allowance on the said used vehicle shall be subject to a reduction by an amount not exceeding 2½% for each completed period of thirty (30) days from the expiry of the first mentioned thirty (30) days to the date of delivery to You of the Goods.
- That if Your vehicle is handed over without the necessary documentation, namely V5, MOT Certificate (where applicable), Service History (where applicable), Spare Keys (where applicable) We are entitled to request security of up to £500 is provided in order for the contract to be concluded and for You to take delivery of the Goods. This security will be repayable within 7 working days on provision of the aforementioned documentation and You have 14 calendar days to provide. Failure to provide the information will result in You forfeiting Your entitlement for a return of the security.
- That if Your used vehicle, due to the vehicle age requires a valid MOT certificate which is not available, and is being supplied in conjunction with a Distance Contract then You must notify Cocoon Vehicles prior to Our collection of Your vehicle. Failure to do this will result in Cocoon Vehicles being unable to collect Your vehicle and We will treat this as a failed appointment invoking clause 11 of this agreement.
- We may agree to purchase Your used vehicle even if you do not choose to purchase a vehicle from Cocoon Vehicles. In these instances your responsibilities under clause 12 still apply. Whilst an indicative price can be estimated for Your vehicle based on Your description and mileage provided, a final valuation in these instances will not be provided until a physical inspection of the vehicle has taken place by a Cocoon Vehicles employee or representative of the Cocoon Vehicles. A purchase from You in this way will be subject to an administration fee of £50 for vehicle values up to £5,000 and £75 thereafter.
- We may agree to purchase Your used vehicle under a Distance Contract. In these instances your responsibilities under clause 12 still apply. Whilst an indicative price can be estimated for Your vehicle based on Your description and mileage provided, a final valuation in these instances will not be provided until a physical inspection of the vehicle has taken place by a Cocoon Vehicles employee or representative of the Cocoon Vehicles.
Price Match Promise
- If You see a similar car at a VAT registered professional motor dealer either before you come into our offices or within 48 hours after purchasing a vehicle from Cocoon Vehicles at a lower price we will match that price. This is subject to Our discretion and the following conditions:
- The alternative vehicle must be the same age (as determined by the year denoted on the vehicle registration number i.e “06” plate).
- The alternative vehicle must have the same Specification as the Cocoon Vehicles vehicle. Examples where the Specification differs may be considered at the discretion of Cocoon Vehicles if the difference in Specification of the alternative Vehicle and the Cocoon Vehicles vehicle does not have a material impact on its market value at the time of comparison.
- The alternative vehicle must have the same (within 1,000 miles) or lower mileage than the Cocoon Vehicles vehicle. The mileage must be warranted.
- You must have a written quote from a VAT registered professional motor dealer, trading as a limited company from permanent premises within a 45 mile radius of Our Place of Business that delivered the Goods. The quote must be dated within 48 hours either prior to or after your purchase, or a Cocoon Vehicles representative must be able to view the vehicle ‘live’ on a dealer website.
- The price match does not apply in cases where the comparative vehicle is being offered at a CAP clean price. A cap clean price is the industry benchmark for used car disposal values and is not a guide for retail pricing.
7 Day Money Back Guarantee
- Cocoon Vehicles offer to all retail customers (not Trade Sales) a 7 Day Money Back Guarantee on the purchase of Your Goods. The 7 Days commence from the day after the date on which delivery takes place and are inclusive of weekends and bank holidays. To serve notice of Your intention to invoke this cancellation please see clause 19 and it is subject to the following conditions;
- There is a duty of care for You to return the Goods in a condition commensurate with that at the time of delivery. We reserve the right, entirely at Our own discretion, to charge You any amounts required to return the Goods to their condition at the time of delivery.
- All vehicles returned will be subject to a returns fee of £299 which represents the non-refundable administration fee, and costs associated with re-preparation of the vehicle to return it to sale or for its disposal.
- A usage charge will be applied relating to the mileage that the vehicle has been driven under Your ownership, representing the increase in miles during the period between delivery of the vehicle to You and the subsequent return of the vehicle, as evidenced by the odometer at the time of return and the original mileage as documented at the point of delivery. The mileage charge will be;
|Miles Driven||Usage Charge|
|0-100 miles||No charge|
|over 100 miles||£2 per mile applicable to the entire additional miles|
|For illustration a vehicle driven 100 miles will incur no usage charge. A vehicle driven 101 miles would incur a usage charge of £202 (£2 x 101 miles).|
- If We agree to recover the vehicle we reserve the right entirely at Our own discretion to charge a collection fee that will reflect our costs of collection from Our closest Place of Business to Your place of residence. These charges will also be subject to VAT.
- All documentation provided with the Goods at time of delivery is returned at the same time as the Goods. If You fail to do so We will request security is provided in accordance with clause 12(g).
- An agreed location, date and time for a return or collection of a vehicle will be made in writing between You and Us which will be no more than 5 days from the notification by You of the cancellation. If You fail to return the goods at the agreed time We reserve the right to charge a Failed Appointment Charge in accordance with clause 11. Under Distance Contracts the return date will be extended to 14 days from the notification by You of the cancellation.
- We will refund You any amounts due after adjusting for any returns fee, usage charges or other charges as soon as reasonably possible (and in any event within fourteen (14) days of cancellation). If Your purchase included a part exchange vehicle please review clause 12 regarding the treatment of this.
- You will have the benefit of fourteen (14) days to cancel the vehicle purchase if You so wish. The cancellation period starts the day after the day the Goods were delivered to You and finishes 14 days after this date, unless that date is a Saturday, Sunday or UK Bank Holiday in which case it will move to the next working day. Notice to exercise this right needs to be provided in accordance with clause 19 and is subject to the same conditions as defined by clause 16(a) – 16(f).
- Should Your used vehicle be purchased by a Secured Funding or Unsecured Funding method, then You have the additional right to cancel the finance agreement for 14 calendar days commencing from the day following the date of the delivery of Your Goods. However Your contract with Us is unaffected.
- In order to serve notice to Us to invoke your rights to return your Goods, make a complaint or any other formal correspondence this needs to be put in writing and sent via recorded delivery for the attention of Customer Experience Manager at the address shown on your invoice or alternatively via email to firstname.lastname@example.org
- Trade purchasers do not qualify for the Money Back Guarantee offered under clauses 16, 17 and 18.
- Whilst We try to ensure that all the prices on the Cocoon Vehicles website and other websites We may use as marketing channels are accurate, errors may occur. If We discover an error in the price of the goods you have ordered We will inform you as soon as reasonably possible. You will then be given the option of re-confirming Your order at the correct price or cancelling Your order with a full refund of any deposit made. If We are unable to contact You using the contact details You provided during the order process, We will treat the order as cancelled and notify You by email. If You decide to cancel Your order after We have informed You of a pricing error and You have already paid for the Goods, We will give You a full refund as soon as reasonably possible (and in any event within thirty (30) days of cancellation).
- Cocoon Vehicles has made every effort to ensure the accuracy of the information contained in the website and other media however;
- Manufacturers are constantly seeking ways to improve the specification, design and production of their vehicles and alterations take place continually. Whilst every effort is made by Us to produce up to date product descriptions and specifications, the website and other media should not be regarded as an infallible guide to vehicle products and services, nor does it constitute an offer for the sale of any particular vehicle. Cocoon Vehicles are not agents of any manufacturer and have absolutely no authority to bind the manufacturers by any express or implied undertaking or representation. Any references 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 consumption. Under normal use the vehicles 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.
- We do not guarantee that use of the website will be uninterrupted or error-free, or that the website and its servers are free of computer viruses or bugs and strongly recommend that all users ensure that they protect their equipment with the use of firewalls and virus checkers.
- The terms and conditions above do not abrogate or derogate from the rights afforded to You by the Sale of Goods Act 1979 (as amended), Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, Distance Marketing Regulations 2004, Consumer Protection from Unfair Trading Regulations (2008) and all other statutory rights.
- Cocoon Vehicles is authorised and regulated by the Financial Conduct Authority.
- Any dispute regarding this agreement will be governed by English Law and will be subject to the jurisdiction of the Courts of England and Wales.
Version 1.2 26.08.2015