Terms and Conditions

Use of our website

General Information

The information, service and products on this website are intended for use by residents of the UK only, and are not aimed at or intended for use by residents of any other jurisdiction.

This website is designed to be accessed through its principal product home pages and such other pages as we may decide. If you access the site through individual pages directly, which are designed for this purpose, you may not see important information which is relevant to a full understanding of our products and services. You will be referred on certain site pages to read Important Information. This Important Information will contain important product details and relevant legal or regulatory information and should be read in conjunction with the relevant site pages.

Whilst we have taken all reasonable steps to ensure the accuracy and completeness of the information on this website including pricing, images and vehicle data, we give no warranty and make no representation regarding the accuracy or completeness of the content of this website. Consequently, we accept no liability for any losses or damages (whether direct, indirect, special, consequential or otherwise) arising out of errors or omissions contained in this website. Further, no warranty is given that the website shall be available on an uninterrupted basis, and no liability can be accepted in respect of losses or damages arising out of such unavailability. Also, we accept no liability in respect of losses or damages arising out of changes made to the content of this website by unauthorised third parties.

Access to and use of this website is at the user’s own risk and we do not warrant that the use of this website or any material downloaded from it will not cause damage to any property, including but not limited to loss of data or computer virus infection.

Nothing in these terms and conditions shall exclude or limit our duties and liabilities under any applicable legislation or any conduct of business rules which we are bound to comply with. Further, nothing in these terms and conditions shall attempt to exclude liability for death or personal injury or for fraudulent misrepresentation.

This website contains links to other websites which are hosted and maintained by third parties. We have no control over the content or security of any such site. You link to such sites at your own risk, and we make no representations regarding the content of any such website. We cannot be liable for any loss or damage which may arise from the use of such third party websites.

Pricing

All prices on our website are in UK £ Sterling and for vehicles delivered to mainland Great Britain. Prices exclude vat at the current rate for all business contracts other than purchase agreements and include vat at the current rate for all personal agreements. Although we endeavour to ensure that all pricing information on our website is accurate, occasionally an error may occur, and goods may be mis-priced or misrepresented. If we discover a pricing error we will, at our discretion, either: contact you and ask you whether you wish to cancel your order or continue with the order at the amended price; or notify you that we have cancelled your order. We will not be obliged to supply goods at the incorrect price.

Prices that are reduced for sales and promotions are only valid for the specified period, this must be confirmed and obtained from your sales representative before placing your order.

We reserve the right to adjust prices, offers, goods and specifications of goods on the website at our discretion at any time before (and after) we accept your order.

Specification and Images

The vehicle specifications and pricing displayed on our website is supplied by an independent, industry leading data provider which is downloaded directly into our website. Whilst every effort is made to verify and ensure the accuracy of the information given, the information should only be used as a guide.

All of our images on the website are for illustration purposes only as should not be taken as the specific models of your choice.

Services

We offer our services to you which include:

Arranging finance with a funder for you after you have agreed the cost and funders charges (or the basis of such costs if they cannot be determined in advance)

Preparing and witnessing appropriate loan documentation on behalf of the funder

We are not linked to any of our lending panel members. We recognise it is important for customers to be able to shop around for credit and alternative sources of credit. Some of the services that we provide are not regulated by the Financial Conduct Authority. You will be advised in advance of any such proposal or service.

We have the following terms and conditions relating to the arranging of finance service that we offer:

1. Definitions and Interpretation
In these terms unless the context requires otherwise, a) ‘Vehicle’ means the motor vehicle and any parts, accessories and extras detailed in the order, b) ‘Contract’ means the contract to purchase whether by cash or through a finance agreement or hire the vehicle through either a lease or contract hire agreement, c) ‘Order’ means the order as set out above for the purchase or hiring of the vehicle d) ‘Anticipated’ means the anticipated delivery date specified on the order e) ‘Purchase’ contract whether sale or a finance, lease or contract hire f) ‘Us’ and ‘We’ means Total Fleet Services, Total Cars or Total Vans h) ‘You’ means the individual or the business entity entering in to the Contract i) ‘Finance’ means the finance agreement whether purchase or hire j) ‘Supplier’ means the vehicle manufacturer or their agent or franchisee k) ‘Funder’ means the finance company.

2. Acceptance
This contract is subject to the formal written acceptance by ‘You’ and in the case of a business entity means a person duly authorised by the company to enter in to such an agreement for the purchase, financing and/or hire of the Vehicle

3. Price
Quotations are based on Vehicle pricing and our Funder’s cost of funds at the time of quotation. The funder has the right to change or decline these quotes on receipt of the full proposal. Once a proposal has been approved, the contract price for the purchase of the Vehicle whether by You or by the Finance Company is based on the recommended retail price for the Vehicle, Delivery Charges, Accessories, First Registration Fee and Road Fund Licence at the date of the quotation. We reserve the right to amend the contract price to take account of any increases in a) the supplier’s recommended retail price and delivery charges b) to take in to account the imposition of any new taxes or duties occurring from whatever cause and c) the Funder’s cost of funds, before the delivery of the vehicle. In the event of an amendment in the purchase price We reserve the right to amend the terms of a finance agreement which is utilised for the for purchase or for the hire of the subject Vehicle.

4. Deposit
In the event that a supplying dealer accepts the Order subject to a deposit being required to be paid by You, this will be a separate contract between You and the supplier and you should agree terms regarding the refund of this deposit with them following delivery or cancellation.

5. Finance
Where a Contract is subject to a finance agreement whether that be purchase or hire, all conditions of the finance acceptance (which will include production of a valid comprehensive insurance policy for the Vehicle, the production of the authorised signatory’s driving licence and/or passport and one or more acceptable proofs of address), must be fulfilled prior to delivery of the Vehicle. In the event that any circumstances change which result in the finance acceptance being revoked and/or the provision of finance being withdrawn We reserve the right to cancel the Order without any liability to You and You will indemnify Us against any costs, claims, loss or damage whether consequential or otherwise payable by Us to any third party including any finance or hire company resulting from or in consequence of the sale of the Vehicle to such party.

6. Delivery
The anticipated delivery date is the date that We are given by our supplier and the manufacturer with whom the vehicle order is placed at the time of the order but in no circumstances will We be liable for any loss or damage of any kind whatsoever caused directly or indirectly by any delay in the production and/or delivery of the Vehicle. In the event that We are advised of a manufacturing delay, We will advise You of this as soon as possible. Once a Vehicle has arrived in to stock with the dealer and We are in receipt of all completed paperwork, We will arrange a delivery date with You. Delivery of the vehicle will be made directly by our supplier who will endeavour to do so to at the arranged delivery date but this may be subject to change due to unforeseen circumstances including but not exclusive, problems found during a pre-delivery inspection, traffic incidents, weather conditions and in no circumstances will We be liable for any loss or damage of any kind whatsoever caused directly or indirectly by any delay in the delivery of the Vehicle. The Vehicles will only be delivered within the GB mainland.

7. Cancellation
In the event that You cancel your order You will be liable to pay a cancellation charge made by Us of £500 + vat within 7 days of receipt of Our invoice. This is in addition to any costs, claims, loss or damage whether consequential or otherwise payable by Us to any third party including the Supplier of the Vehicle and/or a finance or hire company resulting from or in consequence of the cancellation.

8. Termination
We reserve the right to terminate the Order without prejudice and without liability to You.

9. Jurisdiction
The formation, interpretation and operation of the contract will be subject to English Law and You submit yourself to the non-exclusive jurisdiction of the English Courts

Our Remuneration

Our remuneration is an introductory payment payable by the funder. We do not take credit for payments due until the funding has been paid out. You are entitled, at any time, to request information regarding any payment which we may have received as a result of placing your finance with a funder.

Conflicts of Interest

If through exceptional circumstances we or any our Directors or other customers has a material interest in business you ask to be transacted for you, we will make you aware of the conflict of interest and we will obtain your consent before your instructions are carried out. A copy of our Conflicts of Interest Policy is available on request.

Treating You Fairly

We always aim to treat you fairly. This means that we will always endeavour to:

  • Conduct our business with due skill, care and integrity
  • Never put ourselves in a position where our primary duty to you is compromised
  • Deal with any complaint sympathetically and independently of the colleague to whom the complaint is directed
  • Be transparent in the matter of our remuneration.
  • Respect your confidentiality

For further information please see our Treating Customers Fairly Policy on our website.

Complaints

If you wish to register a complaint please contact contact us as soon as possible either by email, by phone or in writing. We have a formal Complaints Procedure details of which may be found on our website.

Data Protection and Confidentiality

We are registered with The Information Commissioners Office for the processing of personal data and abide by the requirements of all Data Protection Laws and Regulations. The information we receive from you is used to provide quotations and arrange finance with a funder. You have the right to cancel your authority to use such information. Before or after you enter into any agreement with a funder, to help make credit decisions, the funder will make a credit search with a credit reference agency. If you are a company or partnership they will also make enquiries about the principle director(s) or partner(s) with a credit reference agency. Full details of the use and disclosure of your information by the funder is contained within the terms and conditions of any agreement which you should read before signing. All customers’ records are treated as private and confidential and we therefore reserve the right to give you copies of your particular records rather than allow access to files containing records concerning other clients.

We are required to verify your identity in accordance with the Proceeds of Crime Act 2002 (POCA) and the Money Laundering Regulations 2007.

For further information please see our Privacy Policy on our website.

Your Responsibilities

In order for us to fulfil our responsibilities to you, you must:

  • Read the documentation we give you and let us know if there is anything that is unclear or that does not represent your requirements
  • Comply with the terms and conditions of any agreement we arrange for you

Please note that you may request copies of any of the above mentioned Policies and Procedures in writing by contacting us either by email, by phone or in writing.