Lindsay FordRental / Terms and Conditions

Terms & Conditions

The Contract

  1. This website is an invitation to treat, and nothing on this website shall be construed as a unilateral offer by Ford Retail Limited to enter into any contractual obligations.
  2. The prices on this website relate solely to goods sold via this website and not to any other business operated by Ford Retail Limited.
  3. The Customer’s offer to purchase goods will not be deemed accepted unless and until an order confirmation has been issued.
  4. The order confirmation sets out the basis upon which Ford Retail Limited agrees to accept an order. It is the Customer’s responsibility to ensure that the order confirmation corresponds with the Customers own expectations. Any discrepancy should be reported immediately to Ford Retail Limited.
  5. These terms and conditions together with the order confirmation form the entire agreement between Ford Retail Limited and the Customer. Any other terms or conditions are excluded to the maximum extent permitted by law. This does not affect a consumer’s statutory rights.
  6. In the event that of any errors regarding price or description, then Ford Retail Limited will notify the Customer as soon as possible and provide the Customer with the option to either proceed with a revised order at the correct price/description, or to cancel the order. In these circumstances Ford Retail Limited’s liability shall be limited to providing a full refund.
  7. Confirmation Fee

  8. The Customer will be asked to pay a £350 confirmation fee when placing the order. This forms the basis of a collateral agreement under which Ford Retail Limited agrees to either purchase or remove from sale the relevant vehicle, to prepare the vehicle for supply to the Customer, and not to sell it to anyone else, and the Customer agrees to complete its obligations to collect and pay for the vehicle.
  9. Ownership

  10. Ford Retail Limited will retain ownership of the goods until they have been paid for. Responsibility for looking after the goods becomes the Customer’s responsibility on handover. Goods will not be handed over until payment has been received in full.
  11. Collection and Delivery

  12. Where goods are to be collected the Customer must pay for the goods within 7 days of being notified that they are available, and provide such additional documentation and information as Ford Retail Limited may request to facilitate the performance of the contract.
  13. If the Customer fails to pay for and collect the vehicle within 7 days of being notified that they are available, then Ford Retail Limited will be entitled to keep the deposit, and recover damages for all resulting loss (including loss of profit), costs (including labour and materials at usual retail rate), charges and expenses.
  14. Ford Retail Limited shall not be obliged to accept cash as payment of the Purchase Price. A surcharge will apply to payment by Credit Card.
  15. Any estimated date quoted for delivery of the goods is only approximate. Ford Retail Limited shall not be liable for delay or failure in delivery of the goods which is beyond its control. Any estimated time scale for delivery runs from the day an order is accepted and a full deposit paid.
  16. All orders are subject to stock availability. Ford Retail Limited shall not be obliged to fulfil orders in accordance with the sequence in which orders are received.
  17. If Ford Retail Limited fails to either deliver the goods, or make them available for collection within 30 days of the estimated date of delivery stated in this contract then
    1. The Customer may by notice in writing to Ford Retail Limited, require delivery of the goods within 7 days of receipt of such notice.  If the goods are not delivered to the Customer within the 7 days the contract shall be cancelled.  If the contract is cancelled any deposit paid shall be returned and Ford Retail Limited shall be under no further liability.
    2. Where the circumstances are beyond its control, Ford Retail Limited may cancel the contract, or, at its sole discretion offer an alternative vehicle.
  18. Where required Delivery will be to an address within the UK nominated by the Customer subject to reasonable security and identification checks. It is the Customer’s responsibility to provide adequate information for the carrier to find the address. The Customer agrees to indemnify Ford Retail Limited against any costs that it may incur as a result of non-delivery as a result of inaccurate or inadequate instructions.
  19. Confirmation of delivery from the carrier will be presumed to constitute conclusive proof of delivery
  20. Parts and Accessories

  21. It is the Customer’s responsibility to ensure that any parts or accessories selected are suitable for their particular needs, requirements and vehicle. Ford Retail Limited is not responsible for fitting any parts or accessories purchased, and they should only be fitted by a suitably competent and experienced person. If in doubt, Customers should make arrangements to have them fitted by a Ford Dealer.
  22. Details of any applicable manufacturer guarantee will be included with the product.
  23. Part Exchanges

  24. Any agreement for Ford Retail Limited to purchase a vehicle or other goods in part exchange is subject to the following;
    1. The part exchange goods must be the sole property of the Customer, and the Customer must be entitled to sell them or
    2. Where the goods are subject to a finance agreement, then the amount required to acquire ownership from the finance company, will be deducted from any part exchange allowance and paid to the finance company.
    3. The part exchange goods must be delivered in the same condition and with the same features, as described in the appraisal process.
    If these conditions are not met, Ford Retail Limited will not accept the Customers used motor vehicle and the Customer will be liable to pay the full price for the vehicle ordered.
  25. If delivery of the goods is delayed through no fault of Ford Retail Limited they will deduct an amount for depreciation of the part exchange goods. This amount will not exceed 3.5% of the agreed value of the part exchange goods for each complete 30 day period. 
  26. Descriptions

  27. The goods supplied will comply with the description or model designation assigned by the manufacturer.

    Whilst Ford Retail Limited will use its best endeavours to maintain continuity, Ford Retail Limited cannot be held liable for changes to the detailed specification made by the manufacturer, or regional differences in specification. The Customer agrees to accept minor variations to the specification including but not limited to optional extras, colour shades badges, audio equipment and wheel trims.
  28. Ford Retail Limited cannot be considered liable for any recommendation made by any third party, or external source of information.
  29. Price

  30. Where the goods are new or pre-registered, if, after the date of this order and before the delivery of the goods to the purchaser the recommended price  for the goods increases, the Customer will be notified of the amount of the increase Ford Retail Limited intends to pass on to the Customer. The Customer can cancel the contract within 14 days of receipt of such notice, failing which such increase shall be added to the contract price for the goods.
  31. In the event of changes in the law or for other reasons beyond Ford Retail Limited’s control the amount due for Value Added Tax, registration fees, vehicle excise duty or any other applicable tax, fees or duties is more than that applicable at the date of the Vehicle Order Form then Ford Retail Limited shall be entitled to pass such increases on to the Customer and the Purchase Price shall be increased accordingly.
  32. Certain vehicles listed on FordRetailOnline are available for online reservation and can be reserved by payment of the £350 confirmation fee via a secure online transaction. This option is available on vehicles which have a 'Reserve Now' button shown beside the vehicle description.
  33. Online Reservation

  34. Vehicles are reserved by selecting 'Reserve Now' and making a £350 payment via the FordRetailOnline HSBC secure payment portal.
  35. On receipt of payment the chosen vehicle is reserved for either 3 working days or until a confirmed order has been agreed, whichever occurs the sooner. This is known as the reservation period. When a successful reservation has been completed the vehicle will be shown as reserved on FordRetailOnline.
  36. After reserving a vehicle you will be contacted by one of the FordRetailOnline team to confirm the next steps, including payment and delivery options. Should you proceed to purchase the vehicle the £350 confirmation fee will be retained and deducted from the selling price leaving a balance to pay of selling price less £350.
  37. Vehicle reservations can be cancelled at any time during the reservation period by contacting FordRetailOnline by telephone on 0800 158 5959. On cancellation of the reservation you will receive a full refund of the £350 fee.
  38. Where a vehicle is reserved by a customer but we are unable to make contact with that customer during the reservation period to confirm next steps the reservation will be cancelled after 3 days and the confirmation fee will be refunded.
  39. In the event that a vehicle reserved is no longer available for sale customer will be informed that the reservation has been cancelled and the £350 confirmation fee will be refunded. FordRetailOnline will attempt to find a similar vehicle for the customer.
  40. By accepting a reservation we agree to reserve the vehicle for 3 days or until an order is confirmed, whichever is sooner. Vehicle reservation is not an acceptance of a customer's offer to purchase goods as offers are only deemed accepted when an order confirmation has been issued by FordRetailOnline.
  41. Cancellations

  42. In the event that Ford Retail Limited is unable to fulfil the order, it will be entitled to cancel the order. In such instances any liability will be limited to refunding the Customer for all payments received.
  43. For the purposes of the Distance Selling Regulations, a binding contract is reached when the order has been accepted in writing by Ford Retail Limited and the Customer has paid a full deposit.
  44. Where this contract is subject to the Distance Selling Regulations, and subject to the following, the Customer shall be entitled to cancel the order at any time up to the date 7 working days after the date of delivery.
  45. Where this contract is subject to the Distance Marketing Regulations, and subject to the following, the Customer shall be entitled to cancel the order at any time up to the date 14 working days after that date.
  46. The Customer shall have no such right of cancellation where the order is for a vehicle of a particular, non standard, specification, and this is recorded on the order form.
  47. Any notice of cancellation must be addressed to Fordonline Administration, Ford Retail Limited at 971 Kingsbury Road, Erdington, Birmingham, B24 9QB or by e-mail to donna.wilson@fordretail.com and include the current mileage of the vehicle.
  48. On cancellation of the order Ford Retail Limited shall repay to the Customer the Deposit together with any further sums paid by the Customer to Ford Retail Limited in respect of the Vehicle less the Administration Fee within 30 days of receipt of the notice of cancellation.
  49. Cancellation after Delivery

  50. Where a part exchange vehicle is involved, then Ford Retail Limited may at its own option,
    1. Return the part exchange vehicle in substantially the same condition as it was received by Ford Retail Limited; or
    2. Pay to the Customer an amount equivalent to the agreed Part Exchange Allowance
  51. The Customer is responsible for returning the vehicle at its own expense and cancellation shall not be effective until the vehicle is received back into Ford Retail Limited’s physical control, and the Customer must take good care of it including keeping it insured until that time.
  52. It is agreed that taking good care of the vehicle includes a maximum additional mileage of 25 miles.
  53. It is agreed that where a vehicle was originally transported to the Customer, then it should be similarly transported back to Ford Retail Limited. Ford Retail Limited undertakes to provide such a service for the delivery charge specified on the original order.
  54. Ford Retail Limited shall be entitled to charge the direct costs of recovering the vehicle where the Customer fails to return the vehicle within 5 days of the date of the notice of intention to cancel. Ford Retail Limited shall be entitled to deduct such costs from the any sums to be returned to the Customer.
  55. In any event Ford Retail Limited reserves the right to arrange for the vehicle to be recovered at its own expense.
  56. Where the Order is cancelled in accordance with this section, cancellation shall have the effect of cancelling any related consumer credit agreement. Ford Retail Limited shall inform the creditor of the cancellation only insofar as the Customer has advised Ford Retail Limited of the existence of a creditor and provided a copy of the related credit agreement
  57. General

  58. This Agreement shall be governed by the law in England and Wales. No failure to exercise a right under this Agreement shall waive or preclude the exercise of that right.
  59. Terms of this Agreement shall not be enforceable by third parties and the Contracts (Rights of Third Parties) Act 1999 is excluded
  60. If any part of this Agreement is held unlawful or unenforceable that part shall be struck out without it affecting the remainder of the agreement.

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