Smiley Car & Commercial Ltd 
Smiley Car & Commercial Ltd 
Ring today for an appointment to view 
01206 735216 or 07768 821383 
Terms & Conditions of Sale 
A consumer committing to a purchase prior to physically seeing their preferred vehicle, is classed as a distance sale. This applies to all click and collect and delivered consumer transactions where the final payment is made remotely. A sale is not classed as a distance sale if the consumer makes a final decision to purchase on our premises. Vehicles being used by a business are not subject to the distance selling regulations and as such the information on this page does not apply. Business to business transactions are covered under the Sale of Goods Act 1979.  
 
A closing agreement to purchase a vehicle on our premises is not classed as a distance sale. 
 
Therefore with the above in mind, a no quibble 14 day return to seller guarantee from the point of a consumer taking delivery of the vehicle is offered by us. Please refer below to our full terms and conditions relating to your right to cancel. 
 
Consumer Right to Cancel Transaction -  
 
Your right to cancel 
You have the right to cancel this contract within 14 days without giving any reason. 
 
The cancellation period will expire after 14 days from the day on which you acquire or a third party other than the carrier and indicated by you acquires, physical possession of the goods. 
 
To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail).  
 
We will communicate to you an acknowledgement of receipt of such a cancellation on a durable medium (e.g. by e-mail) without delay. 
 
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired and to be received by us within this period. 
 
Effects of cancellation 
 
If you cancel this contract we will reimburse to you all payments received by us from you, including the cost of delivery (except the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us ie free delivery within 150 miles). 
 
We may make a deduction from the reimbursement for loss in value of any goods supplied if the loss is a result of unnecessary handling by you. This loss may be due to damage or cleanliness. Please note your statutory right to cancel may be lost if the goods have been damaged or modified in any way or is not in the same condition as when delivered to you. It is at our discretion as to whether we accept damaged goods back. If we are in agreement to damaged goods being returned, any damage sustained whilst in your possession or goods being returned in an unclean condition, will be subject to additional charges, this being the cost of any rectification work needed to the goods. On top of this, anything over and above a standard test drive is considered unnecessary handling by you and a mileage charge of £1.00 per mile plus VAT will be charged for any mileage incurred over 20 miles whilst during your possession. 
 
We will make the reimbursement without undue delay, and not later than – 
a) 14 days after the day we receive back from you any goods supplied or 
b) (if earlier) 14 days after the day you provide evidence that you have returned the goods. 
 
We will make the reimbursement using the same means of payment as you used for the initial transaction. You will need to supply evidence of the payment origin. This reimbursement may include handing back any part exchange goods if still available and/or seeking payment from you to cover any negative equity. You will not incur any fees as a result of the reimbursement other than those stated above. You are only liable for any diminished value of goods resulting from the handling other than which is necessary to establish the nature, characteristics and functioning of the goods according to the previous reference to damage, cleanliness and test drives. 
 
We will withhold the reimbursement until we have received the goods and associated paperwork handed over at the point of you taking ownership of the vehicle. 
 
You shall send back the goods or hand them over to us without undue delay and in any event not later than 7 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 7 days has expired. Our preferred method of return of the goods is in person by you to our premises, to eliminate any disputes during return transit. 
 
You will remain liable for the goods and so for its tax, insurance and any fines, charges or penalties until it has been accepted back to our premises. 
 
You will have to bear the direct cost of returning the goods and take full responsibility for their safe return. 
 
The V5C relating to the goods will be retained by us until such time as the 14 days right to cancel period has expired. Any road tax paid by you will not be refunded by the DVLA and you must accept that the cost of this will be at your own expense. Any insurance costs again will be at your own expense. These costs are not recoverable from ourselves. 
Modified as at the 25 January 2021 
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