1 Definitions

"Data Protection Legislation"

means (i) unless and until the General Data Protection Regulation ((EU) 2016/679) ("GDPR") is no longer directly applicable in the UK, the GDPR and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then (ii) any successor legislation to the GDPR or the Data Protection Act 2018.

"Vehicle"

means the vehicle sold by the Seller to the Customer pursuant to these terms and conditions and accompanying Vehicle Sales Invoice.

"Warranty"

means the warranty cover provided in respect of the vehicle as set out in the Warranty Policy Document.

"Warranty Policy Document"

means the warranty policy agreement entered into between the Seller and the Customer in respect of the Vehicle.

2 Customer's Consumer Rights

2.1 The Seller is under a legal duty to supply products that are in conformity with these terms and conditions and the attached Vehicle Sales Invoice. Nothing in these terms will affect the Customer's legal rights.

3 Warranty

3.1 The Seller shall provide the Warranty to the Customer.

3.2 The Customer agrees that, except as provided under clause 3.3, he shall return the Vehicle to the Seller for the purposes of carrying out an inspection of the Vehicle and any and all repair works required to the Vehicle pursuant to a claim under the Warranty.

3.3 In the event that the Customer is unable to return the Vehicle to the Seller for the purpose of carrying out any inspection or making repairs to the Vehicle under the Warranty in accordance with clause 3.2, the Customer agrees that he shall not authorise any work to be carried out on the Vehicle unless and until the Seller, having consulted directly with the mechanic(s) who is/are proposing to carry out the work, has given its prior written consent.

3.4 Reference to MARS 24HR Recovery within the Warranty Policy Document is a pay-on-use service provided by MARS 24HR Recovery and the Seller has no liability in relation to this service.

4 Rejection of the Vehicle

4.1 Where the Customer has a legal right to reject the Vehicle and wishes to exercise such a right, he must either return the Vehicle in person to the Seller, or allow the Seller to collect the Vehicle, as soon as reasonably practicable following any such rejection.

5 Seller's Liabilities

5.1 If the Seller fails to comply with these terms, it shall be responsible for loss or damage suffered by the Customer which is a foreseeable result of the Seller's breach of these terms and conditions or the Seller's failing to use reasonable care and skill, but, except as set out in clause 5.2, the Seller is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both the Seller and Customer knew it might happen, for example, if it was discussed during the sales process.

5.2 The Seller does not exclude or limit in any way our liability to the Customer where it would be unlawful to do so. This includes liability for death or personal injury caused by the Seller's negligence or the negligence of its employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of the Customer's legal rights in relation to the goods, including the right to receive goods which are: as described and match information that the Seller provided to the Customer and any sample or model seen or examined by the Customer; of satisfactory quality; fit for any particular purpose made known to the Seller; and for defective products under the Consumer Protection Act 1987.

5.3 The Seller is only supplying the Vehicle for domestic and private use. If the Customer uses the Vehicle for any commercial, business or re-sale purpose the Seller will have no liability to the Customer for any loss of profit, loss of business, business interruption, or loss of business opportunity.

6 Data Protection

6.1 Both parties will comply with all applicable requirements of the Data Protection Legislation. This clause 6 is in addition to, and does not relieve, remove or replace, a party's obligations under the Data Protection Legislation.

6.2 The parties acknowledge that for the purposes of the Data Protection Legislation, the Customer is the data controller and the Seller is the data processor (where Data Controller and Data Processor have the meanings as defined in the Data Protection Legislation). The Seller's Privacy Notice sets out the scope, nature and purpose of processing by the Seller, the duration of the processing and the types of personal data (as defined in the Data Protection Legislation, Personal Data) and categories of Data Subject.

6.3 Without prejudice to the generality of clause 6.1, the Customer will ensure that it has all necessary appropriate consents and notices in place to enable lawful transfer of the Personal Data to the Seller for the duration and purposes of this agreement.

6.4 Without prejudice to the generality of clause 6.1, the Seller shall, in relation to any Personal Data processed in connection with the performance by the Seller of its obligations under this agreement:

6.4.1 process that Personal Data only on the written instructions of the Customer unless the Seller is required by the laws of any member of the European Union or by the laws of the European Union applicable to the Provider to process Personal Data (Applicable Laws). Where the Seller is relying on laws of a member of the European Union or European Union law as the basis for processing Personal Data, the Seller shall promptly notify the Customer of this before performing the processing required by the Applicable Laws unless those Applicable Laws prohibit the Seller from so notifying the Customer;

6.4.2 ensure that it has in place appropriate technical and organisational measures, reviewed and approved by the Customer, to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it);

6.4.3 ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential; and

6.4.4 not transfer any Personal Data outside of the European Economic Area unless the prior written consent of the Customer has been obtained and the following conditions are fulfilled:

6.4.4.1 the Customer or the Seller has provided appropriate safeguards in relation to the transfer;

6.4.4.2 the data subject has enforceable rights and effective legal remedies;

6.4.4.3 the Seller complies with its obligations under the Data Protection Legislation by providing an adequate level of protection to any Personal Data that is transferred; and

6.4.4.4 the Seller complies with reasonable instructions notified to it in advance by the Customer with respect to the processing of the Personal Data;

6.4.5 assist the Customer, at the Customer's cost, in responding to any request from a Data Subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;

6.4.6 notify the Customer without undue delay on becoming aware of a Personal Data breach;

6.4.7 at the written direction of the Customer, delete or return Personal Data and copies thereof to the Customer on termination of the agreement unless required by Applicable Law to store the Personal Data; and

6.4.8 maintain complete and accurate records and information to demonstrate its compliance with this clause 5.

6.5 The Customer consents to the Seller appointing such necessary third-party processors as notified from time to time as third-party processors of Personal Data under this agreement. The Seller confirms that it has entered or (as the case may be) will enter with the third-party processor into a written agreement incorporating terms which are substantially similar to those set out in this clause 5. As between the Customer and the Seller, the Seller shall remain fully liable for all acts or omissions of any third-party processor appointed by it pursuant to this clause 5].

6.6 Details of the Seller's processing of Personal Data are contained in the Seller's Privacy Notice which can be located on the Company's website.

6.7 Either party may, at any time on not less than 30 days' notice, revise this clause 5 by replacing it with any applicable controller to processor standard clauses or similar terms forming party of an applicable certification scheme (which shall apply when replaced by attachment to this agreement).

7 Assignment

7.1 The Seller reserves the right to assign this Agreement and to sub-contract all or any of its obligations.

7.2 This agreement is personal to the Customer who may not without the Seller's prior written consent:

7.2.1 assign or dispose of it;

7.2.2 part with any interest in it; or

7.2.3 grant any lease or licence or charge or delegate any of the rights conferred by it.

8 Third party rights

8.1 No person other than the Seller, any person to whom the Seller assigns this Agreement and the Customer shall acquire any enforceable rights under or in connection with this agreement.

9 Variation

9.1 No variation or amendment of this agreement or oral promise or commitment related to it shall be valid unless committed to writing and signed by or on behalf of both parties.

10 Notices

10.1 Any demand or notice given under this deed shall be in writing and may be served:

10.1.1 personally,

10.1.2 by registered or recorded delivery mail,

10.1.3 by facsimile transmission (confirmed by post), or

10.1.4 by any other means which any party specifies by notice to the others.

10.2 Each party's address for the service of notice shall be its above mentioned address or such other address as it specifies by notice to the others.

10.3 A notice shall be deemed to have been served:

10.3.1 if it was served in person, at the time of service,

10.3.2 if it was served by post, 24 hours after it was posted, and

10.3.3 if it was served by facsimile transmission, at the time of transmission.

11 Dispute Resolution

11.1 If any dispute arises in connection with this agreement, the parties agreement to enter into mediation in good faith to settle such a dispute and will do so in accordance with the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure.

12 Governing law

12.1 This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

13 Jurisdiction

13.1 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).