TERMS AND CONDITIONS
1.1 When the following words with capital letters are used in these Terms, this is what they will mean:
1.1.1 Event Outside Our Control has the meaning set out in clause 8.2;
1.1.2 Deposit means £5,000 GBP;
1.1.3 Vehicle means the Eadon Green Zanturi vehicle (a vehicle which is purchased by you from a third party and customised by us in accordance with our specification);
1.1.4 Terms means the terms and conditions set out in this document;
1.1.5 we, us, our means Eadon Green Limited, registered in England and Wales with company registration number 10525176, and whose registered office is at New Mill Road, Honley, Huddersfield, West Yorkshire HD9 6QA; and
1.1.6 you, your means the individual submitting the Deposit for the Vehicle.
1.2 When we use the words “writing” or “written” in these Terms, this will include e-mail unless we say otherwise.
2 Our contract with you
2.1 These are the terms and conditions on which we hold your Deposit for the Vehicle.
2.2 Please ensure that you read these Terms carefully, and check that the details you submit to us are complete and accurate, before you submit your request to us. If you think that there is a mistake, please contact us to discuss.
2.3 These Terms constitute the whole agreement between you and us.
2.4 These Terms will become binding on you and us when we issue you with our written acceptance of your request to hold the Deposit. We may contact you to say that we do not accept your request for us to hold your Deposit. This is typically for the following reasons:
2.4.1 we cannot authorise your payment of the Deposit; or
2.4.2 we are not allowed to hold your Deposit for the Vehicle.
2.5 Any images of the Vehicle on our website or in our catalogue or brochure are for illustrative purposes only. Although we will have made every effort to display the Vehicle accurately, we cannot guarantee that your computer’s display or any printed pictures accurately reflect the Vehicle.
2.6 If you are under the age of 18 you may not submit a request to us to hold a Deposit for the Vehicle.
3 Payment of the Deposit
3.1 We accept payment of the Deposit by credit card and debit card. We do not accept cash.
3.3 Your credit card or debit card will be charged when we accept your request to hold a Deposit for the Vehicle.
3.4 All payments by credit card or debit card need to be authorised by the relevant card issuer.
3.5 The Deposit must be paid by you in pounds sterling (£)(GBP).
4 The Vehicle
4.1 Following receipt of the Deposit we will contact you within a reasonable period of time to discuss your purchase of the un-customised vehicle from a third party, and our customisation of that vehicle to an agreed specification. At the same time we will provide you with a copy of our terms and conditions of supply (our Supply Ts&Cs). You will then confirm to us whether you wish to proceed with the supply of the Vehicle (a Purchase Order) in accordance with our Supply Ts&Cs.
4.2 No Purchase Order is deemed to be accepted and no contract will be made between us until we give you our written acceptance of your Purchase Order, at which point an agreement for the supply of the Vehicle shall be formed between us (the Supply Contract)
5 Vehicle Specification
5.1 You acknowledge that at the date we accept your Deposit for the Vehicle, the full specification for the Vehicle is unconfirmed. We reserve the right to change the Vehicle’s specification at any time before we each enter into the Supply Contract and you shall not have remedy against us as result of such variance.
6 Right to cancel this deposit contract
6.1 Until we enter the Supply Contract, you will be able to apply for a refund of the Deposit. To exercise the right to a refund, you must inform us of your decision to do so by a clear statement (e.g. a letter sent by post or email).
6.2 If you exercise the right to a refund, we will reimburse to you the Deposit (without interest) received from you, although there may be charges/deductions by your bank or credit or debit card companies. We will make the reimbursement without undue delay. All we ask is that if you place a Deposit, you do so in good faith.
7 Our liability to you
7.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms or our negligence, but we are not responsible for any loss or damage that is: a) a business losses; b) a loss to non-consumers; c) not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into this deposit contract.
7.2 We do not exclude or limit in any way our liability for:
7.2.1 death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
7.2.2 fraud or fraudulent misrepresentation; or
7.2.3 for any liability that, by law, cannot be limited or excluded.
8 Events outside our control
8.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an Event Outside Our Control.
8.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
8.3 If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms we will contact you as soon as reasonably possible to notify you; and our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
9 Our cancellation rights
9.1 We may cancel this deposit contract at any time. We will contact you if this happens. If we cancel this deposit contract and you have paid the Deposit, we will refund the Deposit (without interest) received from you, although there may be charges/deductions by your bank or credit or debit card companies. We will make the reimbursement without undue delay.
10 Information about us and how to contact us
10.1 We are a company registered in England and Wales. Our company registration number is 10525176 and our registered office is at New Mill Road, Honley, Huddersfield, West Yorkshire HD9 6QA.
10.2 If you have any questions or if you have any complaints, please contact us. You can contact us by telephoning us on +44 1484 660000.
10.3 If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing (for example, to cancel the deposit contract), you can send this to us by e-mail at firstname.lastname@example.org by hand, or by pre-paid post to Eadon Green Limited, New Mill Road, Honley, Huddersfield, West Yorkshire HD9 6QA. We will confirm receipt of this by contacting you in writing.
10.4 If we have to contact you or give you notice in writing, we will do so by e-mail, by hand, or by pre-paid post to the address you provide to us at any time.
11 Your privacy and personal information
12 Other important terms
12.1 We may transfer our rights and obligations under these Terms to another organisation, and we will always notify you in writing if this happens, but this will not affect your rights or our obligations under these Terms.
12.2 You may only transfer your other rights or your obligations under these Terms to another person if we agree in writing.
12.3 This deposit contract is between you and us. No other person shall have any rights to enforce any of its terms.
12.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
12.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
12.6 This contract is only available in English. No other languages will apply to this deposit contract.
12.7 These Terms are governed by English law. Both of us agree to submit to the exclusive jurisdiction of the English courts.