These Terms and Conditions apply to any contract for goods or services between you, the customer, and us, E&J Jarvis.
Your contract is with E&J Jarvis Limited, Company Number 00775320 which is registered in England and Wales at 66 Onslow Road, Bevois Valley, Southampton, SO14 0JN, referred to as E&J Jarvis, we, us, or ours.
Some of these Terms and Conditions will only apply if you are a consumer customer. This means that you are acting outside your business, trade, craft, or profession when dealing with us. If you are not acting as a consumer customer, then those clauses will not apply to you.
We will provide a Quotation for goods (such as motor vehicle sales) or services (such as repair or MOT services) to you.
All Quotations are estimates only, made in good faith, and based on the information available to us at the time and may be subject to revision on further inspection of your vehicle or where the cost of parts has increased. We will always advise you in advance if the costs for the goods or services changes before carrying out the relevant work. Quotations are valid for 28 days from the date given. All time scales for the completion of the works are estimates only and time shall not be of the essence with the completion of any services. If you accept our Quotation this will not form a contract between you and E&J Jarvis. A contract will only be formed where we accept your order and confirm this to you, either verbally or in writing.
Fees and payment
The fees payable to E&J Jarvis for the goods or services will be included in the Quotation unless E&J Jarvis accepts a negotiated price for a vehicle.
Payments for motor vehicles are due in full prior to the collection of the vehicle.
Payment for all services (including valeting, repairs, and servicing MOTs) is due on completion of the services. The services are complete at the time we notify you that the vehicle is ready for collection.
We accept payment by Credit/Debit Card, Cheque, Bank Transfer and Cash.
Any queries concerning an invoice or charge for our services must be raised within 14 days of receipt of the invoice.
We are entitled to retain possession of the vehicle until you have made full payment for the goods and services and all parts fitted by E&J Jarvis shall remain our property until payment has been made in full.
If you do not make payment within 3 months of us notifying you that the vehicle is ready for collection then we may, without notice to you, sell the vehicle and its contents. We shall be entitled to use the net proceeds of the sale to cover the amount owed by you to E&J Jarvis for the services and shall then make payment to you of the balance on demand from you.
If your vehicle has been left at our premises for us to provide a Quotation, should you fail to either accept the Quotation or collect the vehicle within 28 days of the date of the quotation then we shall be entitled to invoice you for reasonable storage costs from the date the vehicle was received until the date it is collected.
If you fail to collect the vehicle from us within 3 months of the date it was left with us then we may, without notice to you, sell the vehicle and its contents.
We shall be entitled to use the net proceeds of the sale to cover the amount owed by you to E&J Jarvis for storage of the vehicle and shall then make payment to you of the balance on demand from you.
If you do not collect any parts repaired in the course of the services within 14 days of completion, then such parts will automatically become the property of E&J Jarvis.
Warranties and guarantees
All warranties and guarantees provided by E&J Jarvis are exclusive and may not be transferred to any other person or subsequent owner of the vehicle. Our 3-month used car warranty for parts and labour is available on select vehicles only at our discretion. We offer a 12-month warranty on all parts supplied and defective workmanship for services provided.
The above warranties are subject to the following conditions:
The warranty only applies to the services performed and parts replaced.
You must notify us promptly as soon as you become aware of a possible defect or issue. The warranty does not cover damage resulting from continued use of the vehicle once a defect has, or should have been notified, to us.Unless agreed otherwise, it shall be your responsibility to return the vehicle to our premises for us to perform a warranty inspection and carry out any works under the warranty.
The warranty does not apply where issues are caused by external factors not related to the services carried out or parts replaced (e.g., failure of a different part, collision, or misuse).
The warranty does not apply to issues caused by parts not being replaced or serviced or faults unconnected with the services carried out.
Defects or failures arising from wear and tear such as excessive clutch wear due to aggressive or poor driving style.
Defects or failures arising from excessive mileage. This is defined as more than 1300 miles per month.
Defects or failures arising from vehicle modifications such as engine mapping.
In instances whereby we are acting as intermediaries and selling a used car on behalf of a customer, or if we feel it is not economically viable, we may not offer a warranty period.
Where parts are replaced under warranty the warranty period shall not be extended.
Where the manufacturer of parts supplied or fitted offers a manufacturer’s warranty then you will have the benefit of that warranty.
A vehicle being advertised for sale is not guaranteed to be at our business premises. We encourage interested buyers to call ahead before visiting to ensure that vehicles are on site and have not been sold. We accept no responsibility for travel costs or time incurred for used car viewings.
Cancellation rights: consumer customers only You have the right to cancel your contract at any time before work has begun on your vehicle, or within 14 days of booking – whichever is further away. You do not have to give any reason for the cancellation.
This right of cancellation does not apply in the following circumstances:
Where we are providing an emergency repair service (e.g., call out, replacement of flat tyre) Where bespoke or custom parts are required to fulfil your order (e.g., colour-matched bodywork) To cancel the contract, you can:
Use the cancellation form at the bottom of these terms
Call us on 023 8022 9297 Email us at [email protected]
We recommend that you retain the proof of cancellation. If you cancel the contract before work has been carried out, then no payment will be required. If you cancel the work after we have begun work on the vehicle, then we will be entitled to charge you for our labour costs incurred up to the time notice of cancellation was received and the cost of any parts which have been fitted and which we are unable to return. These costs will be payable prior to the return of the vehicle and the Fees and payment terms above shall apply. If we have ordered parts that we need to return, then we are entitled to charge you for the cost of returning the parts. Termination There is no right for the customer to cancel this contract other than the consumer customer rights to cancellation set out above.
We may cancel the contract where: For reasons outside our control, we are unable to complete the services (for example unavailability of necessary parts or loss of power or other services at our premises)We have a reasonable belief that you will not be able to pay for the vehicle or services Complaints If you have any complaint about our services, then please raise this with a member of our staff and we will try to resolve it. If you are not happy with the response, then you may submit a complaint which we will investigate and respond to in writing. Please ask to speak to Ian Jarvis.
Written complaints should be sent in to: E&J Jarvis Limited 66 Onslow Road Southampton Hampshire SO14 0JN To appeal against an MOT Test result then you must complete and submit a Complaint Form to DVSA, this can be obtained here: https://www.gov.uk/government/publications/complain-about-an-motFor complaints relating to car sales, through our membership in the Retail Motor Industry Federation you can access the National Conciliation Service. More information can be found here: http://www.rmif.co.uk/consumers/why-use-an-rmi-member/For complaints relating to car servicing or repair, through our membership of the Retail Motor Industry Federation we abide by the Trust My Garage Code of Practice for Service and Repair, this means that: If you are not satisfied with the outcome of your initial complaint, you may contact RMISC, the code sponsor directly: by telephone on 0845 305 4237; orin writing to Retail Motor Industry Standards & Certification, 2-3 Allerton Rd, Rugby, CV23 0PA
If you are not satisfied with the outcome of the previous stage, you may contact The National Conciliation Service for Alternative Dispute Resolution (ADR). The National Conciliation Service can be contacted: by telephone on 01788 538317; orin writing to The National Conciliation Service, Retail Motor Industry Federation, 2-3 Allerton Rd, Rugby, CV23 0PA.
More information can be found here: http://www.rmif.co.uk/consumers/why-use-an-rmi-member/Data Protection We will use the personal data supplied to us by you in order to provide the services and goods to you and as is necessary for the performance of the contract between E & J Jarvis and you.
We shall not use the personal data for any other purpose except with your express consent unless we are required to do so by law, or in pursuance of our legitimate interests. You may request that we supply you with a copy of the personal data which we hold on file. Liability and Indemnity Nothing in these terms and conditions shall exclude or limit E&J Jarvis’ liability for personal injury, death or fraudulent misrepresentation. The extent of our liability to you under the Contract shall be limited to any direct loss suffered by you as a result of our negligent performance of the services or supply of goods and only where you notify us as soon as reasonable of any negligent act or defect, and no later than 30 days of the date when you should have become aware of the negligent act, omission or defect.
You shall be liable to us for any direct loss suffered by us as a result of your negligence or failure to perform your obligations under this contract. We will notify you as soon as reasonable of any negligence or breach, and no later than 30 days from the date when we should have become aware of the negligence or breach. We shall not be liable for any indirect or consequential loss including loss of profit or loss of opportunity. Time shall not be of the essence in relation to the performance of the services and E&J Jarvis shall not be liable for any losses incurred by you as a result of a failure to perform the services within the indicated time frames. All items of value should be removed from your vehicle prior to leaving the vehicle in our care. We will not be liable for the loss or damage of any items left in your vehicle except where we have failed to take reasonable care and precautions. We shall not be liable for any loss or damage where we had reasonable belief that a driver has the authority to collect or use your vehicle were in fact, they had no such authority. We are not obliged to confirm the authority of a driver to use or collect your vehicle.We shall not be liable for any loss suffered by you as a result of events outside of our control including, but not limited to, strike action, failures by third-party suppliers, natural disasters, acts of God, acts of war or terrorism or failure of transport, power or communication infrastructure.
We may assign our rights and obligations under this contract to a third party without your consent.
Nothing in the preceding sub-clause shall however prevent you from enforcing its rights under this contract against us.
You may not assign your rights or obligations under this contract to a third party except with our written consent.
If any provision or provisions of this contract shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
The failure of any party at any time to require the performance of any provision or to resort to any remedy provided under this contract shall in no way affect the right of that party to require performance or to resort to a remedy at any time thereafter, nor shall the waiver by any party of a breach be deemed to be a waiver of any subsequent breach. A waiver shall not be effective unless it is in writing and signed by the party against whom the waiver is being enforced.
All notices and other communications provided for in this contract shall be in writing and shall be delivered by post, email or hand to the other party.
Notice served on the last known address of a party shall be considered good notice.
This contract constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written.
Nothing in this contract is intended to, nor shall, confer any rights on a third party unless expressly provided otherwise.
This contract shall be determined in accordance with English Law and the Courts of England shall have sole jurisdiction.
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using https://www.ejjarvis.co.uk (“us”, “we”, or “our”).Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.
You are encouraged to familiarise yourself with your rights contained within the Sale of Goods Act 1979, Unfair Contract Terms Act 1977, and the Unfair Terms in Consumer Contracts Regulations 1999. If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase and that (ii) the information you supply to us is true, correct, and complete. You expressly agree that E.&J. Jarvis Limited is not responsible for any loss or damage arising from the submission of false or inaccurate information. By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases. We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to product or service availability, errors in the description or price of the product or service, error in your order or other reasons. You expressly agree that E.&J. Jarvis Limited cannot accept any liability for loss or damage arising out of such cancellation. We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected. Using a credit card to make a purchase can be subject to a 3% charge.
1.0 Subject to paragraph 1.1 ALL HOLDING DEPOSITS ARE NON-REFUNDABLE. 1.2 below, E.& J. Jarvis Limited provides You with a 90-day warranty for the Car free of charge in-house. 1.2 Cars received from us through part exchanges do not come with any warranty, nor can be refunded. They are to be cleared and sold as seen. This will be stated on the invoice. 1.3 E.&J. Jarvis Limited does not provide any manufacturer’s guarantee for the Car. If and to the extent that a manufacturer’s guarantee endures from a previous period of ownership of the Car. You are entitled to receive the benefit of this, E.& J. Jarvis Limited reserves the right to provide only the difference between the 90-day warranty and the amount of coverage from which the Car will continue to benefit from the point of purchase. 1.4 The Car may previously have been used as a lease or rental Car or have had multiple users. It may also have been imported from another country. We will use reasonable endeavours to provide You with any additional information in our possession about the Car upon Your request. However, if You have any questions about the previous use of the Car or have specific requirements You are advised to discuss these with us before placing Your Order. 1.5 The mileage on the Car may vary by a minor amount to that stated on the Site as a result of, for example, transport to our refurbishment facility and delivery to You. 1.5 References to “Leather” on the Site may not be genuine or 100% leather but rather partial leather or an artificial substitute.1.6 The images of the Car on our Site are for illustrative purposes only. Although we make every effort to display the Car accurately, we do not guarantee that the images of the Car on the Site exactly reflect the actual appearance of the Car. In addition, although we make every effort to describe the colour of the car accurately, you may consider that the colour description of the Car differs from the actual appearance of the Car. We do not guarantee that the colour of the Car exactly reflects the description. If You believe that the Car You purchased differs from the way it is depicted on our Site, you have the right to refuse to accept Delivery of the Car or return the Car and seek a refund in accordance with these Terms. 1.7 We check Your Car for manufacturer recall notices at the point Your Car arrives in our reconditioning centre. To the extent any recall notices are identified at that time we will endeavour to resolve the recall issue with the manufacturer. After this point, we do not make any further recall checks. 1.8 We do not give or make any representation, warranty or undertaking that Your Car will not be subject to a manufacturer’s recall notice at the point of sale or at any time in the future.
1. E. & J. Jarvis Limited, may either reject your car return if it has been driven more than 250 miles or deduct from the purchase price of the Car specified in your purchase, the following: 1. £1.00 for every mile recorded in addition to the Car’s mileage on Your Order plus 250 miles and 2. the reasonable cost of repair to fix any damage caused to the Car during the ownership period. 2. To be eligible for a return, you must email us within 30 days of purchase. You must have the V5 logbook for the Car that you wish to return in Your possession. a. Upon return you will receive the refund within 12 working days. 3. Admin fees and warranties are non-refundable, due to it being from a third party. If at the time of purchasing the car, you have been made aware of any faults or the car was part of the clearance. We will not be liable for any further issues that occur.
Availability, errors, and inaccuracies
We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other websites. You expressly agree that any such offer of a product or service does not constitute a legal offer capable of attracting legal consequences. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. Section “Availability, Errors and Inaccuracies” is without prejudice to existing statutory rights.
The Service and its original content, features and functionality are and will remain the exclusive property of E.&J. Jarvis Limited and its licensors. The Service is protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of E.&J. Jarvis Limited.
Links to other websites
Our Service may contain links to third-party websites or services that are not owned or controlled by E.&J. Jarvis Limited. E.&J. Jarvis Limited has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that E.&J. Jarvis Limited shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
You agree to defend, indemnify and hold harmless E.&J. Jarvis Limited and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
Limitation of liability
In no event shall E.&J. Jarvis Limited, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service (ii) any conduct or content of any third party on the Service (iii) any content obtained from the Service and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance. E.&J. Jarvis Limited, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure, or available at any particular time or location b) any errors or defects will be corrected c) the Service is free of viruses or other harmful components or d) the results of using the Service will meet your requirements.
Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will E.&J. Jarvis Limited ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by E.&J. Jarvis Limited or any person for whom E.&J. Jarvis Limited is responsible, and even if E.&J. Jarvis Limited has been advised of the possibility of such loss or damage being incurred.
These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days’ notice before any new terms take effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.
INFORMATION COLLECTION AND USE
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally, identifiable information may include but is not limited to, your email address, name, and phone number (“Personal Information”).
We may also collect information that your browser sends whenever you visit our Service (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages and other statistics. In addition, we may use third-party services such as Google Analytics that collect, monitor, and analyse this type of information in order to increase our Service’s functionality. These third-party service providers have their own privacy policies addressing how they use such information.COOKIES
Cookies are files with a small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your computer’s hard drive. We use “cookies” to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
We may employ third-party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Service-related services or to assist us in analysing how our Service is used. These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
We may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt-out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
COMPLIANCE WITH LAW
We will disclose your Personal Information where required to do so by law or in accordance with an order of a court of competent jurisdiction, or if we believe that such action is necessary to comply with the law and the reasonable requests of law enforcement or to protect the security or integrity of our Service.
The security of your Personal Information is important to us but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security. As such we make no warranties as to the level of security afforded to your data, except that we will always act in accordance with the relevant UK and EU legislation.
Our Service does not address anyone under the age of 13 (“Children”). We do not knowingly collect personally identifiable information from children under 13. If you are a parent or guardian and you are aware that your Children have provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from a child under age 13 without verification of parental consent, we take steps to remove that information from our servers.
This Policy shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.
LINKS TO OTHER SITES