Terms and Conditions - Select Car Leasing
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Terms and Conditions

Last updated November 2023

This page tells You information about Us and the Terms on which We source, locate, or otherwise identify any Vehicles for You as an intermediary. These Terms will apply to any contract with Us for the provision of Services. Please read these Terms carefully and make sure that You understand them, before placing an Order for any of the Vehicles listed on Our Site. By placing an Order with Us, You agree to be bound by these Terms.


1 DEFINITIONS

1.1 When the following words with capital letters are used in these Terms, this is what they will mean:

Arrangement Fee

 is the fee specified on the Order Form and is for our services and is charged at point of order, this fee covers costs for services incurred by Select Car Leasing. Our services include facilitating the process from the point you order your vehicle through to delivery. We'll ensure your vehicle is secured via one of our suppliers/dealers, we will provide access to our customer portal and keep you updated throughout the process, including organising and arranging the delivery of your vehicle. Our arrangement fee is not for arranging the finance agreement. This arrangement fee will be charged at the point of Order;  

CAP

is the third-party company (CAP HPI Limited) used by Us to provide current information on the Vehicles, with its registered office at Capital House, Bond Court, Leeds, LS1 5EZ;

Consumer

refers to a private individual acting in a non-business capacity; 

Credit Check

is a Credit Check required before entering into the Finance Agreement. Your personal information may be passed on to credit reference agencies and finance for this purpose;  

Credit Note

is a credit note to the value of the Order Confirmation Fee which will be raised for Your benefit upon activation of Your Finance Agreement.  Payment of the value of the credit note will be subsequently made to You via Worldpay;

Deposit

is the sum that may need to be paid by You to secure an Order with the Vehicle Supplier e.g. where the Vehicle is of high value or unusual specification.  This may be paid to Us or to the Vehicle Supplier directly and will be returned to You following the delivery of the Vehicle;

DVLA

refers to the Driver and Vehicle Licensing Agency who are an executive agency within the Department for Transport;

Event Outside Our Control

is defined in clause 21;

Factory Order

refers to a Vehicle that is not readily available for delivery and be subject to the production and logistics timescales if the respective Manufacturer. clause 21;

Finance Agreement

You may be introduced to a panel of finance providers following receipt of Your Order (and the completion of a Credit Check) to enter into a finance agreement with a finance provider in order to purchase, hire or lease the Vehicle identified in Your Order. This is a separate agreement which You enter into with the Lender. We may receive a commission payment from these finance providers;

Finance Payments

are the amounts payable to the Finance Provider which include the Initial Payment, the monthly payments and any final payment (where relevant);  

Finance Provider

is the company who will provide the finance for the Vehicle(s) set out in the Order Form and the Finance Agreement(s), to whom You will make Your Finance Payments for the duration of the Finance Agreement(s);  

Hard Credit Check

is a complete search of Your credit report. This is recorded on Your report, so any company searching it will be able to see that You have applied for credit;

Initial Payment

is the initial rental payable to Your Finance Provider, which will be collected by Us and set out with the Order and/or Finance Agreement. Some Orders may be eligible for a contribution from the Vehicle Supplier towards the initial payment as detailed in the Finance Agreement and where this is the case the contribution will normally be paid by the Vehicle Supplier to You after delivery but prior to collection of the initial payment by Your Finance Provider;

Lender 

is the finance company You will enter into a Finance Agreement with; 

Manufacturer

is the relevant manufacturer of the Vehicle;

Non-Regulated Business  

refers to a business not regulated by the Consumer Credit Act 1974;

Order

is the order for Our Services and the expression of interest by You to obtain the Vehicle at a price and specification similar to that displayed on Our Site (price and specification may be subject to change) as confirmed by Us;

Order Confirmation Fee 

is the fee applicable where availability of a Vehicle is 3 months or greater and relates to additional services required of Us to monitor the Vehicle’s progress and relay the same onto You. This will be charged at the point of Order and will equate to the cost of the first months’ rental fee; 

Order Form

is the form completed by You containing the details of Your Order;

Our Site

refers to the images, applets, scripts, text and graphics forming the website operated by Us and registered under the domain name: www.selectcarleasing.co.uk;

Pre-Reg

refers to a new Vehicle that has been registered with the DVLA in advance of delivery to You;

Rebates 

upon activation of Your Finance Agreement with the Lender, We will issue a Credit Note to the above value within 7 days.  Payment of the Credit Note value will be made to Your original payment source; 

Regulated Business 

refers to a business regulated by the Consumer Credit Act 1974;

Services

are Our services to source, locate or otherwise identify the Vehicle specified on Your Order Form, the completion of a relevant Credit Check, the arrangement and/or procurement of a Finance Agreement (to be entered into separately) and to arrange for delivery of the Vehicles from the relevant dealer or as otherwise communicated to You;

Soft Credit Check

is a soft credit check performed by Experian at Your option, which does not affect Your credit score; 

Supplying Dealer

refers to the Manufacturer’s franchised dealership who will supply the Vehicle;

Stock Vehicle

refers to a Vehicle that has completed production and is held in a UK location, which is available to deliver subject to taxation and pre-delivery inspection.

Terms

are these terms and conditions on which We supply the Services to You;

VAT

means value added tax as provided for in the Value Added Tax Act 1994;

Vehicle(s)

is the vehicle and/or vehicles matching the description and specification as displayed on Our Site and as set out the Order Form; 

Vehicle Supplier

is the Supplying Dealer and/or the Manufacturer;

We/Our/Us

refers to Select Contracts UK Limited; and

You/Your 

refers to You as an individual consumer or as the person responsible within a Regulated Business or Non-Regulated Business.

 

1.2 Unless the context otherwise requires, words in the singular shall include the plural and, in the plural, shall include the singular.

2 OUR VEHICLES

2.1 The images of any Vehicle on Our Site are for illustrative purposes only. Although We have made every effort to display the colours accurately, We cannot guarantee that Your computer’s display of the colours accurately reflect the colour of the Vehicles.

2.2 Please note that the individual specifications of the Vehicles displayed on Our Site have been supplied by CAP. Whilst We have made every effort to verify and ensure the accuracy of the information supplied, such information should only be used as a guide when You Order from Our Site. Please check with the relevant Manufacturer as to details of individual specifications for the Vehicles.

2.3 The BIK (Benefit in Kind) figures provided on this website are for informational purposes only and should not be considered as financial or tax advice. We shall not be liable for any loss arising from the use of, or reliance on, the BIK figures presented. We encourage customers to verify the accuracy of the BIK figures with the relevant parties.

2.4 We will not be liable for any costs or losses sustained or incurred by You arising from the use of, or reliance upon, information that may be contained on Our Site from time to time.

2.5 Following delivery of the Vehicles, You will be responsible for keeping the Vehicles properly maintained and serviced in accordance with the Manufacturer’s guidelines (save as otherwise agreed), and the terms of any Finance Agreement where applicable.

3 USE OF OUR SITE

Your use of Our site is governed by Our Terms of Website use and Website Acceptable Use Policy. Please take the time to read these, as they include important terms which apply to You.

4 IF YOU ARE A CONSUMER

This clause 4 only applies if You are a Consumer or Regulated Business.

4.1 If You are a consumer, you may only place an Order for Vehicles from Our Site if You are at least 18 years old, a resident in the United Kingdom and hold a full UK driving licence.

4.2 The prices stated in respect of the Vehicles may be shown inclusive or exclusive of VAT. Please note that You will be liable to pay VAT.

5 IF YOU ARE A BUSINESS CUSTOMER

This clause 5 only applies if You are a Non-Regulated Business. 

5.1 If You are not a consumer, You confirm that You have authority to bind any business on whose behalf You use Our Site to place an Order for Vehicles (where applicable).

5.2 The prices stated in respect of the Vehicles will be exclusive of VAT.

5.3 These Terms, any Order, Order Confirmation and any agreed amendments to the Order, constitutes the entire agreement between You and Us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between Us, whether written or oral, relating to its subject matter.

6 HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

6.1 Our Site or sales representative will guide You through the steps You need to take to place an Order with Us. The process allows You to check and amend any errors before submitting Your Order to Us.

6.2 Please note that quotes and prices on Our Site may be subject to changes and this is outside of Our control. We will confirm the price of the Vehicle at the time of Order and keep You updated if there is any subsequent price change. 

6.3 After You place an Order, You will receive an e-mail from Us acknowledging that We have received Your Order and that Your Order will be considered. However, please note that this does not mean that Your Order has been accepted or that a contract has been formed in any way to supply You with the Vehicle.

6.4 Prior to any contract being formed pursuant to clause 6.6, should You realise that You have made a mistake after placing an Order or simply wish to cancel, please let Us know as soon as possible and no later than 8 hours after submitting Your Order.

6.5 For a contract to be formed with Us to perform the Services, Our acceptance of Your Order will take place as described in clause 6.6. 

6.6 The contract between You and Us will only be formed once You have provided all necessary information to process Your Order, including the Order Form and have paid the Order Confirmation Fee, Arrangement Fee, Deposit and/or Initial Payment (as applicable) and You have received Our acceptance of Your Order by e-mail (“Order Confirmation”). If You are a business, We will start of perform the Services after the Order Confirmation has been sent. If You are a consumer, We will start to perform the Services at this time provided You have given Your explicit agreement to this on the Order Form and acknowledge the effect it will have on Your cancellation rights (see clause 15). 

6.7 Once the Vehicle has been sourced, the details of Your Order will be communicated to Our panel of finance providers and You will need to enter into a separate Finance Agreement with them or enter into Your own finance arrangement to lease, hire, or otherwise financed the Vehicle from the relevant dealer supplying the Vehicle.

6.8 Please note that You will be responsible to pay the Order Confirmation Fee, Arrangement Fee, Deposit and Initial Payment at the time of Your Order or at such time as required by Us. The specifics of these fees will be out in Our correspondence with You. 

6.9 In the event that We are unable to locate any Vehicles stated on the Order form, We will inform You of this by e-mail and will discuss Your options with You. In the event You do not proceed with Your Order, We will refund the full amount of the Order Confirmation Fee, Arrangement Fee, Deposit and Initial Payment to You as soon as reasonably practicable and in any event within 10 working days. 

6.10 You shall indemnify Us and hold Us harmless against all liabilities, reasonable and properly incurred costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses and all interest, penalties and legal costs and all other professional costs and expenses) suffered or incurred by Us once the Vehicle has been sourced and/or any claim or demand made against Us by a third party (including but not limited to a finance provider) arising out of or in connection with the provision of the Services to the extent that such claim arises out of the cancellation of this agreement and/or any Finance Agreement by You. The recoverable costs under this indemnity may include (but not exclusively):

6.10.1 preparation costs;

6.10.2 transport costs;

6.10.3 storage costs;

6.10.4 Vehicle registration costs;

6.10.5 delivery costs; and

6.10.6 any loss incurred on the disposal or re-sale of the Vehicle

6.10.7 any other costs ancillary to the provision of the Services.

 

7 YOUR OBLIGATIONS

7.1 You shall:

7.1.1 co-operate with Us in all matters relating to the Services; and

7.1.2 provide Us with such information that We may reasonably require to perform the Services.

7.2 You are required to keep the Vehicle insured at all times on a fully comprehensive basis from the date that We confirm that the Vehicle will be delivered to You.

7.3 You warrant that You will inform Us of any material changes to Your circumstances that may affect Your ability to fulfil the Finance Agreement with the Lender.

7.4 If You are a Consumer, You warrant that You will be the primary user of the Vehicle.

7.5 Subject to the length of the contract You enter into and the date of registration of the Vehicle, Your Vehicle may require one or more MOTs during the period of Your Finance Agreement. 

8 SOFT CREDIT CHECK

8.1 Where You have concerns about Your credit risk, We can, at Your option, offer to perform a Soft Credit Check with Experian to assess how successful Your application for finance is likely to be. This does not have any effect on Your credit score, only You can see them in Your report. We will confirm the outcome of the Soft Credit Check before confirming Your Order.

9 OUR RIGHT TO VARY THESE TERMS

9.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated.

9.2 Every time You place an Order, the Terms in force at the time of Your Order will apply to the contract between You and Us.

9.3 We may revise these Terms as they apply to Your Order from time to time to reflect the changes in relevant laws and regulatory requirements.

9.4 If We have to revise these Terms as they apply to Your Order, We will contact You to give You reasonable advance notice of the changes and let You know how to cancel the Contract if You are not happy with the changes. If You opt to cancel the Contract, You may be liable to pay for the Services in full or in part, and Your attention is drawn to clause 15.

10 DELIVERY

10.1 We will provide You with an estimated delivery date for the Vehicle(s) once this has been received from the Supplying Dealer or the estimated date provided by the Manufacturer. 

10.2 Please note the following in relation to the delivery of Your Vehicle:

10.2.1 lead times are provided by the Vehicle Supplier and We are reliant on the information provided by them to provide the best estimated lead time to You;

10.2.2 delivery dates are subject to change by the Manufacturer and on occasion delays do occur due to production issues;

10.2.3 delivery is arranged by a third party which is also outside of Our control;

10.2.4 We will endeavour to keep You informed as to any known changes to Your estimated delivery date as provided by the Supplying Dealer and You can track this through Your customer services portal;

10.2.5 We are always happy for You to contact Us if You would like an update but please be aware that We will only have access to the same information that has been reflected in Your customer portal;

10.2.6 if the delay is likely to be substantial We will discuss Your options with You;

10.2.6 should a delay in delivery cause You any challenges, then please contact Your leasing consultant who can discuss Your circumstances and offer potential solutions; 

10.2.7 We recommend that if You have an existing vehicle, You speak with Our end of contracts team to see what options are available to You in terms of extending Your existing lease. We would never recommend that You sell or return an existing vehicle until we have a confirmed delivery date of your new Vehicle; and

10.2.8 We do not have the facility to provide loan vehicles at no cost to You.

10.3    Because We are an introducing broker and as described in clause 10.2, We have no control or influence over delivery times.   Time shall not be of the essence (meaning You cannot simply cancel Your Order where the estimated date is not met) and We cannot guarantee delivery of any Vehicle by a specified date. To the full extent permitted by law, will not accept any responsibility for any losses or inconvenience caused because of a delay in the delivery of Your Vehicle. 

10.4 Occasionally Our ability to perform the Services may be affected by an Event Outside Our Control. See clause 21 for Our responsibilities when this happens.

10.5 Vehicles are usually driven to Your home or place of work by a delivery agent. In some cases, the Vehicle may be transported on a ‘low loader’ truck, but this is not usually the case. If Your Vehicle is being delivered via a transporter at Your request, this will usually incur an additional charge. We ask that You provide Us will all information required to ensure delivery is made on the agreed date and that You are available to take delivery. We reserve the right to charge You additional sums if You do not give Us information, We've asked for about how to access Your property for delivery.

10.6 If You or Your nominated person are not available at the delivery destination on the day of delivery to sign for the Vehicle, the Vehicle will be returned to the depot & You will be liable to pay an abort delivery fee charge, charged by the Supplying Dealer.

10.7 If You cancel the delivery of Your Vehicle within 48 hours of the delivery date, a cancellation charge may be incurred and charged to You by the Supplying Dealer.

10.8 It is Your responsibility to fully check the Vehicle inside and out upon delivery to see that it is in good condition and that the specification is as required (as per Your Order Form). You should ensure any damage or missing options are noted on the delivery note/document supplied by the delivery agent before You sign it. You should also contact Us and We will agree with You the best course of action prior to You accepting delivery and signing the delivery documentation. Any damage and/or missing items will not be covered by the Supplying Dealer after the delivery date, if not noted on the delivery documentation and once you have signed to accept the Vehicle, We will not be able to guarantee We can assist in resolving subsequent issues.

10.9    If you would like any further information on deliveries, please speak to our deliveries team or visit Delivery FAQs - Select Car Leasing

10.10 After you have been approved on finance and a Hard credit check has taken place The Lender has the right to perform a credit check on a periodic basis (on average every 90 days) to ensure Your credit profile remains suitable for You to enter into a Finance Agreement with them.

10.11 The Anticipated Delivery Date provided at the point of order was correct as per information from the Vehicle Supplier at the point the Order Form was created.

10.12 Where a delay to your order Anticipated Delivery Date is caused as a result of the performance of Our Services or those of the Vehicle Supplier is deemed to meet our refund Criteria in Our Cancellation Policy and you choose to cancel your Vehicle Order, you will be entitled to a refund of the fees for Our services.


11 INTERNATIONAL ORDERS

11.1 Unfortunately, You will not be able to place an Order from outside the mainland UK. 

11.2 If You are located outside of the mainland UK, please contact Us and whilst there is no guarantee that We can accept Your Order We may be able to arrange delivery subject to additional charges.

12 PRICE OF VEHICLES, FEES AND POST-DELIVERY REBATES

12.1 We take all reasonable care to ensure that the prices of Vehicles are correct at the time when the relevant information was entered onto the system. However it is always possible that, despite Our reasonable efforts, some of the Vehicles listed on Our Site may be incorrectly priced. If We discover an error in the price of any Vehicle, We will contact You to inform You of this error and We will give You the option of continuing with the Order at the correct price or You may cancel.

12.2 The price of the Vehicles includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of receiving the Order Confirmation and the date of delivery, We will adjust the VAT You pay.

12.3 Save as otherwise communicated to You the prices advertised for the Vehicles include:

12.3.1 the cost of delivery by the relevant dealer to most UK mainland destinations. Additional charges may apply to certain remote locations.

12.3.2 the cost of number plates.

12.3.3 If the cost of the road fund license or of any applicable additional or alternative duty license or levy imposed in relation to the Vehicle or its use increases You will be charged the amount of the increase by Your finance provider for the applicable year. Further charges may apply in subsequent years, for more information please refer to the terms and conditions of Your Finance Agreement; and

12.3.4 the cost of any Vehicle registration charge.

12.4 We use all reasonable endeavours to ensure that the price of the Vehicles will be as quoted on Our Site at the time You submit Your Order. However, prices for the Vehicles may change from time to time and quotes on Our Site may be subject to change. Any changes that affect the price of an Order that You have already placed will be communicated to You. In these circumstances, You will be able to cancel Your Order if such changes are not acceptable to You. Please see Our Cancellation Policy for more information about cancellation and charges.

12.5 Rates fluctuate due to Manufacturer’s pricing, adjustments in finance companies’ residual values and costs and dealer or Manufacturer discount levels. If You see a different price on Our Site after placing Your Order, this does not mean that the price for Your Order is incorrect, should be changed or You have a right to cancel, but that the price for the same or similar vehicle as contained in Your Order has been amended on Our Site after You have placed Your Order.

12.6 Whilst every effort is made to state or provide a quotation with accurate manufacturers standard equipment, optional equipment and technical specification details, no responsibility can be accepted for any variance due to inaccuracies as stated in clause 2.2 or due to manufacturer’s specification changes. Any known changes that affect the specification of an Order that You have already placed will be communicated to You. In these circumstances, You will be able to cancel Your Order if such changes are not acceptable to You. Please see Our cancellation policy for more information about cancellation and charges.

12.7 Some Vehicle manufacturers may include a free trial to enhanced services which is active upon delivery of the Vehicle. Please note that expiry date of such trial- it is up to You to re-subscribe for these services if You wish to and Select Car will not do this on Your behalf.

12.8 As an FCA licensed organisation We rely primarily on commission receivable from third parties and fees, such as Our Arrangement Fees and Cancellation Fees, which are payable by customers. Depending on the type of arrangement You enter into with Us, there may be more than one fee applicable. Where applicable these will be clearly stated on Your Order Form.

12.9 Depending on the type of arrangement You enter into with Us, You may be eligible for a post-delivery Rebate. Where applicable this will be clearly stated on Your Order Form.

13 HOW TO PAY

13.1 You can only pay the Order Confirmation Fee, Arrangement Fee or Deposit using a debit card or credit card. We accept the following cards: Visa, Visa Debit, Visa Electron, Maestro or Mastercard.

14 OWNERSHIP

14.1 Please be aware that You may own the Vehicle at the end of the contract. Ownership will depend on the product type for the Vehicle that You have ordered. Please refer to Appendix 1 of these Terms for the list of product types and to Your key facts document for further information on ownership for the Vehicle and product You have ordered. 

15 YOUR CONSUMER RIGHT OF CANCELLATION

Please refer to Our Cancellation Policy for information relating to Your right to cancel (including for eligibility of the Order Confirmation Rebate). 

16 YOUR LEGAL RIGHTS

This clause 16 applies if You are a Consumer or Regulated Business  

16.1 As a consumer, We are under a legal duty to supply the Services in conformity with these Terms. You have legal rights in relation to Services that are provided not as described or where Services are not carried out with reasonable care and skill. These legal rights are not affected by Your right of return and refund or anything else in these Terms. Advice about Your legal rights is available from Your local Citizens’ Advice Bureau or Trading Standards office or please visit www.citizensadvice.org.uk

17 OUR RIGHTS TO CANCEL

This clause 17 applies if You are a consumer

17.1 If We have to cancel before the Services start:

17.1.1 We may have to cancel the contract before performing the Services, due to an Event Outside Our Control or the unavailability of key personnel and/or any of the Vehicles without which We cannot provide the Services. We will promptly contact You if this happens.

17.1.2 If We have to cancel the contract under clause 17.1.1 and You have paid an Order confirmation fee, Arrangement Fee and Deposit for the Services which have not been provided to You, We will refund these amounts to You. We will also return the Initial Payment to You (where applicable).

17.2 Once We have begun to provide the Services to You, We may cancel the contract for the Services at any time and for any reason (due to no fault of Yours), by providing You with notice in writing. Depending on the circumstances, and if You have already paid the Order Confirmation fee, Arrangement Fee, Deposit and/or Initial Payment, We may refund these amounts to You.

17.3 We may cancel the contract to perform the Services at any time with immediate effect by giving You written notice if:

17.3.1 You fail to pay the Order Confirmation Fee, Arrangement Fee, Deposit and/or Initial Payment following Our requests to You as communicated from time to time; or

17.3.2 You break these Terms in any other material way and You do not correct or fix the situation within 7 days of Us asking You to do so in writing.

17.4 We may cancel the contract to perform the Services in the event the Lender refuses You credit prior to delivery of Your Vehicle.

17.5 We may cancel the contract to perform the Services in the event that we become aware of detrimental information about Your suitability to enter the Finance Agreement with the Lender.

17.6 Where We cancel in accordance with clauses 17.3 to 17.5 no refund or rebate will be due to You.

17.7 We may cancel the contract to perform the services in the event that we deem that You are not co-operating for Us to complete the services.  For example, in the event that We have requested you to complete Finance Agreements and You have not completed within an acceptable timescale.

 

18 MANUFACTURER’S WARRANTY

18.1 For details of the applicable terms and conditions, please refer to the Manufacturer’s warranty provided with the Vehicles.

18.2 Some vehicles supplied by Us to You may be Pre-Registered or Used, which may affect Your obligations around vehicle servicing, MOT and manufacturer’s warranty.

18.3 The Manufacturer Warranty commences from the date of registration of the Vehicle with the DVLA. The Warranty Period will be based on a combination of a maximum period of time and a maximum vehicle mileage e.g., 3 years or 60,000 miles (whichever comes sooner). The length of Warranty provided varies by Manufacturer and model. The warranty provided by the manufacturer may expire prior to the maturity date of the Finance Agreement subject to the date of registration and mileage of the Vehicle.

18.4 Service and Maintenance Schedule Requirements will vary by Manufacturer and Vehicle model and can be either time based e.g., annually or mileage dependent e.g., every 15,000 miles.

18.5 If You are a consumer, a Manufacturer’s warranty is in addition to, and does not affect, Your legal rights in relation to any Vehicles that are faulty or not as reasonably described. Advice about Your legal rights is available from Your local Citizens’ Advice Bureau or Trading Standards office or please visit www.citizensadvice.org.uk

18.6 Please contact Us if there is a fault or issue with the Vehicle or if it is not as described or faulty in any way.

19 OUR LIABILITY IF YOU ARE A BUSINESS

19.1 Nothing in these Terms limits or excludes Our liability in performing the Services for:

19.1.1 death or personal injury caused by Our negligence; or

19.1.2 fraud or fraudulent misrepresentation.

19.2 Subject to clause 19.1, We will under no circumstances whatsoever be liable to You, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Services for:

19.2.1 any loss of profits, sales, business, or revenue;

19.2.2 loss or corruption of data, information or software;

19.2.3 loss of business opportunity;

19.2.4 loss of anticipated savings;

19.2.5 loss of goodwill;

19.3 or any indirect or consequential loss.

20 OUR LIABILITY IF YOU ARE A CONSUMER

This clause 20 applies if You are a Consumer

20.1 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 these Terms or Our negligence in performing the Services, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of Our breach or if it was reasonably contemplated by You and Us at the time of entering into this contract for the Services.

20.2 We have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.

20.3 We do not in any way exclude or limit Our liability in performing the Services for:

20.3.1 death or personal injury caused by Our negligence; or

20.3.2 fraud or fraudulent misrepresentation.

21 EVENTS OUTSIDE OUR CONTROL

21.1 We will not be liable or responsible for any failure to perform, or delay in performance of the Services, or any of Our obligations under these Terms caused by an Event Outside Our Control. An Event Outside Our Control is defined below.

21.2 Event Outside Our Control means any act or event beyond Our reasonable control including but not limited to act of God, flood, drought, natural disaster, epidemic or pandemic, war, fire and interruption or failure of utility service.

21.3 If an Event Outside Our Control takes place that affects the performance of Our obligations to perform the Services:

21.3.1 We will contact You as soon as reasonably possible to notify You; and

21.3.2 Our obligations to perform the Services will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control.

21.3.3 You may cancel the contract affected by an Event Outside Our Control which has continued for more than 7 days. To cancel please contact Us using the details set out in clause 22.5.

22 INFORMATION ABOUT US AND HOW TO CONTACT US

22.1 We are a company registered in England and Wales with company number 06569098, whose registered office is at Pacific, Imperial Way, Reading, Berkshire, RG2 0TD.

22.2 Select Contracts UK Limited is a broker member of the British Vehicle Rental and Leasing Association.

22.3 Select Contracts UK Limited is authorised and regulated by the Financial Conduct Authority- Firm reference number 670832.

22.4 If You have any questions or have any complaints with the Services, please contact Us. You can contact Us by telephoning Our customer service team on 0118 9205130 or by e-mailing Us at enquiries@selectcarleasing.co.uk. For complaints please email complaints@selectcarleasing.co.uk

22.5 If You wish to contact Us in writing, or if any clause in these Terms requires You to give Us notice in writing, You can send this to Us by e-mail at info@selectcarleasing.co.uk or by pre-paid post to Pacific House, Imperial Way, Reading, RG2 0TD. We will confirm receipt of this by contacting You in writing. If We have to contact You or give You notice in writing, We will do so by e-mail, or by pre-paid post to the address You provided Us with.

22.6 When in these Terms We refer to “in writing” or “written”, this will include any e-mail sent to the above e-mail address set out in clause 22.5.

22.7 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

23 HOW WE MAY USE YOUR PERSONAL INFORMATION

23.1 We will use the personal data You provide to Us to:

23.1.1 provide the Services;

23.1.2 process Your payment for the Services;

23.1.3 perform a Credit Check and a soft Credit Check where You ask Us to (see clause 8);

23.1.4 introduce You to a panel of finance providers for the purposes of entering into a Finance Agreement;

23.1.5 inform You of similar deals that may be advertised on Our Site from time to time; and

23.1.6 with Your consent, to provide information on related third party services such as vehicle maintenance, electronic vehicle chargers.

23.2 You agree that We may pass on Your personal data to credit references agencies and finance providers as necessary to perform the Services, and that such entities may keep a record of any search that they do.

23.3 Please review Our Privacy Policy https://www.selectcarleasing.co.uk/privacy-policy for further information on how We use Your personal data.

OTHER IMPORTANT TERMS

24 ASSIGNMENT AND OTHER DEALINGS

24.1 We may at any time assign, transfer or otherwise deal with Our rights and obligations under a contract to another organisation, but this will not affect Your rights or Our obligations under these Terms.

24.2 As a customer, You may only transfer Your rights or Your obligations under these Terms to another person if We agree in writing.

25 THIRD PARTY RIGHTS

This contract is between You and Us. No other person shall have any rights to enforce any of these Terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

26 SEVERANCE

Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

27 WAIVER

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.

28 DISPUTE RESOLUTION

28.1 Our Complaints Policy We will do Our best to resolve any problems You have with Us or Our Services as per Our complaints procedure - https://www.selectcarleasing.co.uk/complaint-procedure

28.2 Resolving disputes without going to court. Alternative dispute resolution is an optional process where an independent body considers the facts of a dispute and seeks to resolve it, without You having to go to court. You can submit a complaint to British Vehicle Rental and Leasing Association or the Financial Ombudsman Services, please visit our Complaints procedure webpage for more details https://www.selectcarleasing.co.uk/complaint-procedure. These organisations do not charge You for making a complaint and if You are not satisfied with the outcome You can still go to court.

29 JURISDICTION AND GOVERNING LAW

29.1 These Terms and the contract with Us and any dispute arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. Each party both agrees that the courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim arising in connection with these Terms.

29.2 However, if You are a consumer and also resident of Northern Ireland You may also bring proceedings in Northern Ireland, and if You are a resident of Scotland, You may also bring proceedings in Scotland.

APPENDIX 1 

PRODUCT TYPES 

BCH - Business Contract Hire is a hire agreement, therefore You will never own the vehicle. This means at the end of the agreement You simply hand the vehicle back to the finance provider.

PCH - Personal Contract Hire also known as Personal Leasing. It is a vehicle contract hire agreement for private individuals who will not own the Vehicle the end of the contract.

CP – A Contract purchase agreement contract, this is a method of purchasing a vehicle on finance whereby the buyer pays a deposit, and a loan is taken out for the remaining amount. The loan is paid back on a monthly basis with interest applied. It is similar to other methods of car finance such as hire purchase.

PCP - A personal contract purchase (Businesses and VAT registered companies) this is for a business that wants their own vehicle and is concerned about depreciation costs.

FL - The term finance lease refers to the mutual contract to which the owner transfers the ownership of the asset to the lessee before the lease agreement expires. In a finance lease, the lessee is transferred all the risks and rewards associated with the vehicle before the expiry of the lease agreement.

LP - A lease purchase is an agreement whereby the lessee will have an option to purchase the vehicle at a later point in the agreement. The lessee will have exclusive rights to purchase the vehicle after paying an agreed option fee based on an agreed purchase price.

HP - A Hire Purchase agreement, whereby You have the option to keep the car part exchange or upgrade at the end of the agreement. At the start of the agreement a deposit s paid followed by set monthly payments for the set term i.e., 24 48 months.

Pre- reg – pre-registered (pre-reg) cars are vehicles that have been registered slightly earlier. They are still band new, but an MOT is likely to be due prior to the end of the lease and the warranty will expire prior to the end of the lease (depending on when the car was registered). Mileage and driving styles will indicate when a service is due, so this is unlikely to be affected.

Used vehicle - Used vehicle refers to a used vehicle that has had previous owners prior to delivery to You.