Terms and Conditions
Important information
To be eligible for one of our offers you will need to be over the age of 18 and approved for credit with one of our agreed lenders.
All offers are subject to availability and may be withdrawn at any time without prior notice.
Information and prices are correct at the time of publishing which can be subject to change due to funders terms.
Failure to maintain payments may result in the termination of your contract agreement and the vehicle being returned to the funder.
All vehicle images and descriptions are for illustration and reference purposes only. Please visit the manufacturer's website for more accurate specification.
Terms and conditions apply.
Unless otherwise stated, all vehicle prices and finance quotations are subject to VAT at 20%.
If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Hawkstone Commercials relationship with you in relation to this website. The term "Hawkstone Commercials" or "us" or "we" refers to the owner of the website whose registered office is Principality House, Main Avenue, Brackla Industrial Estate, Bridgend, CF31 2BB. Our company registration number is 13836301. The term "you" refers to the user or viewer of our website.
The use of this website is subject to the following terms of use:
· The content of the pages of this website is for your general information and use only. It is subject to change without notice. The finance examples are indicative quotations only and based on factory orders. If you wish to take delivery sooner then we will provide you with a bespoke quotation based on your requirements.
· Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
· Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
· This website contains some material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
· All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
· Unauthorised use of this website may give to a claim for damages and/or be a criminal offence.
· From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
· You may not create a link to this website from another website or document without Hawkstone Commercials prior written consent.
· Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Scotland and Wales.
Information regarding the use of images:
· The images we use across our website are for illustration purposes only.
· If we are found to be using third-party images we will remove them free of charge immediately. Any further action will result in an administration charge of £999 +VAT. This includes but is not limited to email responses, phone calls, providing or documentating evidence. By requesting further responses you agree to this administration charge.
When free delivery is mentioned on our website, this applies to England and Wales only. This is a driven delivery to your chosen address. We do not use transporters. Delivery to Scotland is available but this is chargeable and POA depending on location.
CREDIT ACCEPTANCE
1.1 Vehicle quotations and supply terms that incorporate or offer any form of credit, finance, contract rental option, or otherwise are subject to terms and acceptance of Hawkstone Commercials and/or their participating dealer or finance company. Hawkstone Commercials or their Allocated Finance Company will make searches at credit reference agencies that will supply Hawkstone Commercials with credit information, as well as information from the Electoral Register.
VALIDITY OF QUOTATIONS
2.1 Quotations will remain valid for a period of 14 days, except in the event of:
Changes in market interest rates, Changes in market conditions that result in movement in vehicle residual values, Manufacturer Price Changes, Nearly New vehicles are sold, Errors in data however so occasioned that result in miscalculation of the quotation.
Although Hawkstone Commercials will make every effort to maintain the validity of quotations, Hawkstone Commercials reserve the right to remove or withdraw quotations or orders based upon said quotations supplied by Hawkstone Commercials to the Customer without notice.
2.2 Hawkstone Commercials reserve the right to withdraw, decline, or accept any quotations produced, either by quotation system, verbally, by post, by facsimile or by electronic mail.
DOCUMENTATION AND ORDERING
3.1 All proposals are subject to terms and acceptance of Hawkstone Commercials Limited or their participating dealer or finance company.
3.2 Where Finance is required by The Customer, the Customer will place a Pre-Contract Order Confirmation with Hawkstone Commercials along with the Customer details that are relevant to obtaining said finance, whereupon when finance is accepted the Customer will be notified of any conditions of finance approval and approximate delivery times and should this information be acceptable to the Customer then Hawkstone Commercials will place the firm order on said vehicle accordingly, whereupon the Customer is bound to the terms of the order and the terms and conditions detailed herein.
3.3 Under no circumstances is the Customer to place orders with dealers for vehicles on behalf of Hawkstone Commercials; or issue instructions to deliver vehicles. On, and not before receipt of all required legal documentation and cleared initial deposit / payment funds, Hawkstone Commercials will issue release instructions in writing to the supplying dealer for the vehicle to be delivered.
3.4 In the event that a Customer places vehicle orders and /or issues delivery instructions to the supplying dealer, Hawkstone Commercials reserve the right not to accept such instructions & pursue losses based on such action forthwith and/or plus any amount that Hawkstone Commercials sees fit with a minimum penalty of £1,000 plus VAT at the then prevailing rate.
3.5 Any costs incurred as a result of such unauthorised orders are the full liability of the Customer and may include, but are not exclusive to:
Cancellation charges
Administration charges
Additional road fund licence charges as a result of early release
Falls in residual value
Delivery & collection charges etc.
3.6 Hawkstone Commercials reserve the right to recharge these monies to the Customer along with related administration costs which will be solely at Hawkstone Commercials discretion & may vary from time to time & without notice.
3.7 In the event that the order is cancelled once contracts have been dispatched and/or exchanged, and orders placed with the supplying dealer, the Customer accepts full liability for any cancellation charges levied by the supplying dealer or manufacturer.
3.8 Where an order is placed and contracts signed by the Customer for a vehicle that is subject to lengthy lead-in delivery, Hawkstone Commercials reserve the right to change the quoted rental based on 1) market changes in interest rates; or 2) market changes in residual values: or 3) manufacturer price changes.
3.9 Hawkstone Commercials Limited and / or their participating dealer or finance companies reserve the right to accept or decline any credit application, change or vary the Customer’s credit assessment which may affect the initially quoted costs.
3.10 The Customer will be required to provide Hawkstone Commercials with proofs of identity that will be requested by Hawkstone Commercials at their discretion and shall be solely determined by Hawkstone Commercials and/or their participating finance company / dealer to establish the identity of the Customer as they feel necessary.
ACKNOWLEDGEMENTS
4.1 It is expressly agreed between the parties that the provisions of this Agreement are reasonable and do not interfere with freedom of action by any party that enters into this Agreement with full knowledge of all the provisions hereof and the Customer acknowledges that all such provisions are fair & reasonable.
4.2 The Customer is aware that in connection with any finance or vehicle acquisition transaction and/or application Hawkstone Commercials will carry out a credit check with one or more licensed credit reference agencies who will retain a record of that search, by agreeing to these terms this authority is automatically given to Hawkstone Commercials.
4.2.1 In the event of default, this will also be recorded with the relevant agencies. This information may be used by other lenders when assessing credit for any person within that household and/or the company itself and also for occasional debt tracing and/or fraud prevention purposes.
4.3 In the event of Cancellation of any Purchase or Contract document agreed & signed for by the Customer, whether on Hawkstone Commercials approved quotation document or otherwise i.e. verbally or written or via the Website, cancellation fees will apply as detailed in our Information Notice and our Initial Disclosure Document. This cancellation fee will be £350 + VAT.
FINANCE AND LEASING
5.1 If the Customer buys a vehicle from Hawkstone Commercials using finance from a third party or through a leasing company the Customer will also be subject to terms and conditions imposed by the finance or leasing company.
5.2 The customer acknowledges and agrees to one or multiple soft and/or hard searches on their personal and business credit profile upon completion of our finance application form. More information can be found on our Initial Disclosure Document. We are a credit broker, not a lender and may send your application to multiple lenders.
DELIVERY
6.1 When the Customer places an order with Hawkstone Commercials the Customer acknowledges that the vehicle will be delivered to an address in mainland Great Britain by a driver of Hawkstone Commercials choice and not delivered on a transporter or trailer unless otherwise requested, whereupon the Customer understands that there will be cost implications that will be quoted separately by Hawkstone Commercials and must be agreed and paid for by the customer prior to said delivery.
6.2 The Customer acknowledges that it is the Customer’s responsibility to ensure that the vehicle condition is signed for appropriately upon handover and Hawkstone Commercials will accept no liability for any damage incurred as a result of the journey and/or any damage not noted upon delivery, although should any damage incurred as a result of the journey be proven, Hawkstone Commercials will make the appropriate insurance claim where necessary either via Hawkstone Commercials insurance company or the Driving Agency’s named insurer in which case the Driving Agency will be responsible for such a claim and Hawkstone Commercials will not be held responsible.
6.2.1 The customer is aware that when the vehicle is delivered it may not be perfectly clean and may have suffered wear and tear as a result of the journey. The Customer accepts that Hawkstone Commercials will not be liable for such wear and tear unless caused as a direct result of negligence.
6.2.2 Where one of Hawkstone Commercials nominated drivers has delivered the vehicle to the Customer, the mileage shown on the odometer of the vehicle will increase from the mileage indicated on any initial order documentation supplied by Hawkstone Commercials, to reflect the mileage incurred during the journey and will be indicative of the journey in miles from any supplying dealer’s destination and also taking into account and mileage incurred from the vehicle’s original destination when manufactured and road tested or bought into the United Kingdom where applicable.
6.2.3 Hawkstone Commercials will endeavour to deliver the vehicle by the date specified in any confirmation of acceptance of any customer order, but Hawkstone Commercials will not be liable to the Customer for any delay in delivery or for any loss (including loss of enjoyment, use and profit), costs, damages, charges, expenses or otherwise caused directly or indirectly by any delay in delivery.
6.3 The Customer may not take delivery of the vehicle until the purchase price has been paid in full and via cleared funds to Hawkstone Commercials or in the instance of a vehicle being financed by a finance company, the finance company being satisfied and providing all necessary approval to deliver the vehicle(s).
TERMINATION
7.1 If any of the following occur and, where the breach is capable of remedy, the Customer has not done so within 7 days of receiving a written notice from Hawkstone Commercials to that effect, Hawkstone Commercials may terminate the contract:
7.1.1 Hawkstone Commercials 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);
7.1.2 The Customer fails to pay the purchase price and any other sums due to Hawkstone Commercials under these Terms and Conditions before or when the vehicle is available for delivery;
7.1.3 Where the Customer has agreed to collect the vehicle, and failed to collect it within 14 days of the agreed date for collection;
7.1.4 Where the Customer has not agreed to collect the vehicle, and the Customer does not collect the vehicle within 7 days of the date that the vehicle is available, Hawkstone Commercials will notify the Customer that the vehicle is available for delivery or collection and re-agree a date and nominate an address in mainland Great Britain for Hawkstone Commercials to deliver the vehicle to the Customer within a maximum of a further 14 days;
7.1.5 for any reason the Customer is unable to accept delivery of the vehicle at the nominated address in mainland Great Britain on the agreed date for delivery and the Customer did not give Hawkstone Commercials more than five working days notice that the Customer would not be able to accept delivery on that date; or
7.1.6 the Customer is in breach any of these Terms and Conditions.
7.2 In the event of Hawkstone Commercials having to give the Customer notice under any terms within this agreement, Hawkstone Commercials may store the vehicle or have it stored by a third party on such terms as Hawkstone Commercials deem fit, with the reasonable costs of such storage and any additional transportation to be paid by the Customer until Hawkstone Commercials deliver the vehicle to the Customer.
YOUR RIGHT TO CANCEL
8.0 If you choose to cancel your vehicle order, between signing your order form and taking delivery of the vehicle, we will charge a cancellation fee to cover the costs associated of administering your order. Our cancellation fee is flat fee for all customers and is applicable at the point of signing your order form with a valid credit acceptance in place. It is always our aim to treat customers fairly and as such, we will waive the cancellation fee, should you choose to cancel your vehicle order as a result of the delivery date of your vehicle, slipping 30 days or more, past the anticipated delivery date as agreed on your order. Our cancellation fee amount can be found in our Information Notice and our Initial Disclosure Document.
8.1 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 vehicle. Working days excludes weekends and bank holidays.
8.2 If you wish to cancel the contract you must write to Hawkstone Commercials at Hawkstone Commercials Limited, Hawkstone House, High Street, Buxted, East Sussex, TN22 4LA and post by Guaranteed or special delivery or some form of postage that is traceable via the Postal System.
8.3 If the contract is cancelled by the Customer in accordance with these Terms and Conditions after delivery of the vehicle Hawkstone Commercials will give the Customer the option of returning the vehicle to Hawkstone Commercials head office (or such other location as we will notify to you) at your expense or permitting us to collect the vehicle from you, in which case we will charge you £250 plus VAT to meet our direct costs of recovery, in both cases within 10 days of the date of cancellation.
8.4 At the time of return or collection of the vehicle the Customer must provide to Hawkstone Commercials all keys, the V5 registration document and all optional equipment and accessories and other documentation and items supplied with the vehicle.
8.5 If the Customer cancels the contract following delivery of the vehicle the Customer must take good care of the vehicle until such time as the vehicle is in Hawkstone Commercials control and agree that any such necessary arrangements will be made until the vehicle is returned (as per clause 10.4).
8.6 Hawkstone Commercials will return all sums paid by the Customer in relation to the cancelled vehicle less any sums deducted pursuant to the terms and conditions herein and any sums which relate to a service which Hawkstone Commercials have already begun to provide at the date of cancellation which will be determined by any relevant appertaining contract and/or verbal agreement between Hawkstone Commercials and the Customer. This relates to but is not limited to any cancellation fee imposed on Hawkstone Commercials by the supplying finance company for cancelled finance agreements once delivery has taken place.
8.7 If Hawkstone Commercials have taken possession of a part-exchange vehicle from the Customer when the Customer cancels the contract Hawkstone Commercials may, subject to terms and conditions herein 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 taking into account any depreciation as per current market guidelines.
8.8 If the Customer buys a vehicle from Hawkstone Commercials through a finance company and the Customer cancels the contract, the Customer’s notice of cancellation must be served not only to Hawkstone Commercials but also to the finance company supplying the finance. The Customer will be bound by the individual Terms & Conditions laid out by that finance company in respect of cancellation of the agreement and the Customer will be liable for any costs incurred as a result of that cancellation.
8.9 The Customer will not be entitled to cancel the contract if:
8.9.1 the vehicle has suffered any damage whatsoever which was not caused by Hawkstone Commercials unless Hawkstone Commercials decide to accept return of the vehicle and agree an appropriate reduction in the amount of money to be returned to the Customer following cancellation to fairly and adequately compensate us for the cost of repairing the damage to the vehicle and/or any reduction in value of the vehicle;
8.9.2 the Customer is unable for any reason or refuses to return the vehicle to us or permit us to collect the vehicle in accordance with the terms and conditions herein;
8.9.3 the vehicle has been ordered to the Customer specifications or personalised which will include but is not limited to, the advance purchase and preparation of additional parts to be fitted to the vehicle, whether they have already been fitted to the vehicle or not.
8.9.4 the Customer fails to take reasonable care of the vehicle, which for the avoidance of doubt includes increasing the mileage shown on the vehicles odometer by more than 100 miles compared with the reading recorded on the vehicle handover checklist which we will provide to you on delivery of the vehicle.
8.9.5 The vehicle is ordered by a company and not a person
DESCRIPTION AND PICTURES ON WEBSITE
9.1 All drawings, photographs, illustrations, descriptions and advertising material on the Hawkstone Commercials and Hawkstone Cars websites are published only to give you an approximate idea of the vehicles for sale and do not form part of the contract between Hawkstone Commercials and the Customer. All manufacturers reserve the right to change any vehicle specification without prior notice or warning. As such, Hawkstone Commercials will not be held responsible or liable for any changes in specification.
9.2 It is the customers responsibility to ensure that the specification of the vehicle that has been ordered, meets the specification that they are expecting. An order is secured by way of signing a Hawkstone Commercials order form, which will show the make, model, derivative, factory fitted options and dealer fitted options. It is the customers responsibility to check that the standard specification of the vehicle is what the customer is expecting and requires, to carry out the intended use and Hawkstone Commercials will not be held liable whatsoever for losses incurred due to assumptions, changes or missing specification.
