Consumer Rights - Rights to Cancel
A. Clause 5 only applies if you are a Consumer AND purchasing Goods and/or Services by mail order or from our Website.
B. Where you purchase Goods in-store or use our click and collect facility, your purchase will take place in-store and this clause 5 shall not apply.
C. This Clause 5 shall also not apply to some WS Goods and/or Services due to their special order nature.
5.1 In accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you have the right to cancel the Contract (subject to clause 5.8 below) for any item bought on the Website for a full refund (except for certain WS Goods) 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 last Good(s).
5.2 To exercise the right to cancel email customer services on firstname.lastname@example.org, or call 0208 472 1888, or write to us at Everest Motors Ltd 511 - 513 Romford Road, Forest Gate, London, E7 8AD to inform us of your decision to cancel your order by a clear statement (setting out your name, geographical address, order number and, where available, your telephone number and an e-mail address). You may use the attached model cancellation form, but it is not obligatory. 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.
5.3 If you cancel the Contract under this clause 5, we will reimburse to you all payments received from you, including the costs of delivery (except in the case of WS Goods and for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). Please take reasonable care of the Goods as we are entitled to deduct an amount from the refund to reflect any loss in value of the goods supplied to you, if the loss is the result of unnecessary handling of the goods by you.
5.4 We will make the reimbursement without undue delay, and not later than –
5.4.1 days after the day we receive back from you any Goods supplied; or
5.4.2 (if earlier) 14 days after the day you provide evidence that you have returned the Goods; or
5.4.3 if there were no Goods supplied, 14 days after the day on which we are informed about your decision to cancel the Contract.
5.5 Where possible we will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement, subject to the provisions of clause 5.3. We may withhold reimbursement until we have received the Goods back or you have supplied evidence of having sent back the Goods, whichever is the earliest.
5.6 You shall send back the Goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from the Contract to us. The deadline is met if you send back the Goods before the period of 14 days has expired. You will have to bear the direct cost of returning the Goods.
5.7 If you are responsible for the costs of return and we are collecting the Goods from you, we will charge you the direct cost to us of collection. We charge a flat fee of £7.00 for collection, except for the collection of WS Goods, which will be charged by us or our agents on a full indemnity basis.
5.8 The right to cancel does not apply to the following kind of contracts:
5.8.1Contracts for the supply of WS Goods and/or Services;
5.8.2 Contracts for the supply of Goods that are made to the Consumer’s specifications or are personalised;
5.8.3 Contracts for the supply of Performance Goods as further detailed at Clause 14;
5.8.4 Contracts for the supply of Goods which are liable to deteriorate or expire rapidly;
5.8.5 Contracts for the supply of sealed Goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
5.8.6 Contracts for the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items (such as paint);
5.8.7 Contracts for the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery; and
5.8.8 Contracts for the supply of a newspaper, periodical or magazine with the exception of subscription contracts for the supply of such publications.
Our Goodwill Guarantee
5.9 Please note, the terms in clauses 5.9 to 5.11 do not apply to WS Goods but generally reflect the goodwill guarantee offered by Everest Motors Ltd 511 - 513 Romford Road, Forest Gate, London, E7 8AD to its UK Consumers, which is more generous than your legal rights under the Consumer Contracts Regulations in the ways set out below. This goodwill guarantee does not affect your legal rights in relation to faulty products (see clause 15.2) or misdescribed products (see clause 16.3):
Right under the Consumer Contracts Regulations 2013 - 14-day period to change your mind. 365-day period to change your mind.
How our goodwill guarantee is more generous - This 365-day period does not apply to WS Goods.
5.10 We shall have no liability for incorrect Goods purchased by you online for foreign registered cars once the cancellation period in this clause 5 lapses. We will not offer advice to customers in respect of the suitability of any Goods prior to purchase.
5.11 You may also cancel an order for Services within 14 days after the day we email you to confirm we accept your order. However, once we have completed the Services you cannot change your mind, even if the period is still running. If you cancel after we have started the Services, you must pay us for the Services provided up until the time you tell us that you have changed your mind.
Electronic Equipment & Software
*5.12 Any electronic and/or computer data or programme(s) (or parts or developments thereof) and/or any programming code(s) including source code(s) and object code(s) (“Software”) may be made available to you via the purchase of certain electronic Goods (e.g diagnostic kits). In order to benefit from using such Software you may be required to purchase a license through a single payment, multiple payments or subscription payment(s) (“Software Payments”) with the manufacturer or other third parties (“Software Owner”). By ordering such electronic Goods (including any Software) you acknowledge and agree that we have no control over such Software or Software Payments notwithstanding we may collect these Software Payments on behalf of the Software Owner.
*5.13 By using the Software, you agree to be bound by the Software Owner’s terms and conditions.
*5.14 We do not create or commission the creation of any Software and cannot be held responsible for the content or for any changes, mistakes, faults, defects, inaccuracies, irregularities or any other problems (“Software Problems”) encountered with any Software data. Any Software Problems will be the Software Owner’s responsibility and should be directed to the Software Owner.
*5.15 Notwithstanding the remaining provisions of this clause 5, you acknowledge and agree that whilst you may cancel your Order for certain Goods within 14 days and we may reimburse you for such Goods (e.g diagnostic kits) we cannot reimburse you for any Software Payments.
*5.16 You will be wholly responsible for the use of the Software and any Software Payments incurred or to be incurred and we shall have no liability to you in this regard.
*5.17 In the event that the Software has been opened/used/activated, you shall not be entitled to any refund for the Software.
*5.18 Nothing in this clause affects your statutory rights.