TERMS AND CONDITIONS

LEISUREDRIVE CAMPERVANS TERMS AND CONDITIONS

AVAILABLE VIA EMAIL REQUEST TO:  enquiries@leisuredrive.co.uk

  1. THESE TERMS
    • These are the terms and conditions on which we supply our campervans to you (including where we design and create a tailored campervan vehicle for you). Please read these terms carefully before you submit your order to us.
    • These terms will specify between different classes of vehicles. “Stock Vehicles” will include both new base and second hand vehicles available at our showground. “Tailored Vehicles” will include vehicles that are adapted to your specifications set out in the order form. Where the number of specifications exceeds 3 personalised options or extras, the vehicle will be classed as a “Bespoke Vehicle” and clause 13.4 will apply.
  2. INFORMATION ABOUT US AND HOW TO CONTACT US
    • We are Leisuredrive Campervans Ltd a company registered in England and Wales. Our company registration number is 03324218 and our registered office is at Unit 4 Fishbrook Industrial, Estate Stoneclough Road, Bolton, BL4 8EL. Our registered VAT number is 704006684..
    • You can contact us by telephoning our customer service team at 01204 574478 or by writing to us at Unit 4 Fishbrook Industrial, Estate Stoneclough Road, Bolton, BL4 8EL or reception@leisuredrive.co.uk. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
    • When we use the words “writing” or “written” in these terms, this includes emails.
  3. OUR CONTRACT WITH YOU
    • Our acceptance of your order will take place when we tell you that we are able to provide you with the vehicle (whether over the phone, in person, in writing by email, by signing any order form or by some other means), at which point a contract will come into existence between us. This contract is legally binding and can only be terminated in accordance with these terms.  
    • Where we are designing and producing a tailored or bespoke vehicle for you, our contract with you will consist of these terms, any applicable order form, any agreed specification and ancillary documents (including plans and designs) and the pricing schedule or order form. Unless set out herein, these terms shall take priority over any other documents in the event of a conflict.
    • If we are unable to accept your order, we will inform you of this and will not charge you for the vehicle. This might be because we no longer have the vehicle in stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the vehicle or because we are unable to meet a delivery deadline that you have specified.
  4. OUR VEHICLES

Where you are purchasing stock vehicles

  • Where you are purchasing one of our stock vehicles (either second hand or new base vehicles), the images of our vehicles on our website or in our brochure or other promotional materials are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of our vehicles. Your vehicle may vary slightly from those images.

Where you are purchasing a tailored or bespoke vehicle

  • Where we are providing a tailored or bespoke vehicle to you, we will carry out the design and production of the vehicle in line with any agreed specification (including agreed plans and designs) in all material respects. In producing a vehicle, we may deviate from any agreed specification or the ancillary documents in the circumstances set out in clause 6.
  • In designing and producing a vehicle, we agree to use reasonable care and skill and shall use reasonable endeavours to meet any agreed timetable or deadline (although any dates provided as part of the timetable or as a deadline shall be estimates only). We will only be responsible for not meeting a specific deadline where we have expressly agreed to meet it in writing.
  • During the design and production process, you will be responsible for:
    • providing us with instructions promptly and ensuring that all information you provide to us is complete and accurate in all respects;
    • giving approvals to the specification, design work, drawings, plans, materials and other items promptly (including any amendments to these documents);
    • paying upfront for all materials or parts and any other such items; and
    • providing your consent promptly for expenses we may need to incur on your behalf for materials or other items (and make payment of these expenses promptly and in accordance with clause 7 below and any payment schedule).

We won’t be responsible for any delay caused by you failing to comply (or delaying in complying) with these obligations

  • If we are producing a vehicle to a specification provided by you or to measurements and/or dimensions you have provided to us (or we have requested measurement and/or dimension details from you which you have provided), you are responsible for ensuring that the details you provide are correct and accurate.
  • To the extent that any tailored or bespoke vehicle is to be provided to you by us in accordance with a specification set out in the relevant order form, you agree to be responsible to us for any and all liabilities and losses that we may incur out of a claim by a third party that our use of the specification breaches any of their rights (including any intellectual property rights).
  1. YOUR RIGHTS TO MAKE CHANGES

When you place an order with us we accept it on the basis that no further alterations can be made to the order by you without our written consent. If you wish to make a change to your order prior to delivery, or to a specification prior to us commencing the production of a tailored or bespoke vehicle, please let us know and we will let you know if this is possible. If it is possible we will let you know about any changes to the price of the vehicle, the timing of supply or design and production or the vehicle or anything else which would be necessary as a result of your requested change. Any changes to the specification for the design and production of a tailored or bespoke vehicle will be recorded in writing (including any changes to the price). For the avoidance of doubt we are not obliged to agree to any change to a vehicle or specification.

  1. OUR RIGHTS TO MAKE CHANGES
    • We may change a vehicle ordered by you:
      • to reflect changes in relevant laws and regulatory requirements (including where working practices or standards change such as a change to how a vehicle must be built); and
      • to implement minor technical adjustments and improvements, for example to address a security or quality risk. These changes should not affect your use of the vehicle but we will let you know in advance if they may have an impact on your use.
    • As notified to you during the order process, we may make minor changes to the specification agreed between us in certain circumstances (provided that the general characteristics, quality and “look and feel” of the vehicle shall remain the same or substantially similar). Where more significant changes are required, we will consult with you on these changes prior to deviating from any agreed specification and will always endeavour to reach agreement with you for any major changes that are required. Examples where changes to a specification may be required are:
      • where working practices or standards change (including where there is a legal or regulatory change to the vehicle including any changes to how a vehicle must be built);
      • to rectify a design flaw or to correct a design issue that has arisen after the specification has been agreed; and/or
      • particular materials or equipment and no longer available or there are delays or shortages to obtaining certain materials or equipment.
  1. PRICE AND PAYMENT

Where you can find the price of our vehicles is set out below.

Where you are purchasing stock vehicles

  • The price of the vehicle (which includes VAT) will be as agreed with you during the order process.

Where you are purchasing a tailored or bespoke vehicle

  • The price of a vehicle (which includes VAT) will be the price we provide to you following any consultation for the tailored or bespoke vehicle and will be payable in accordance with any payment schedule provided to you and clause 7.3.2.
  • If the rate of VAT changes between your order date and the date we supply a vehicle to you, we will adjust the rate of VAT that you pay, unless you have already paid for a vehicle in full before the change in the rate of VAT takes effect.
  • We accept payment with most credit and debit cards, bank transfer, cash or cheque. Payments can only be made by credit card for purchases under £5,000. Cheques must be cleared before the vehicle is collected. When you must pay depends on what type of vehicle you are purchasing from us (and whether it is a stock vehicle or a tailored vehicle):

Where you are purchasing a stock vehicle

  • You must pay for a stock vehicle upfront and before you collect the vehicle.

Where you are purchasing a tailored or bespoke vehicle

  • The total price of a vehicle will be as set out in the order form. If there is a discrepancy between this clause and the payment details set out in the order form or payment schedule, the details in the order form shall take priority.
  • The first instalment of the total price will be payable upfront in advance of us starting the design and production of the tailored or bespoke vehicle and will include the cost of materials required for the design and production.
  • The second instalment of the total price will be payable two weeks after the first deposit.. We will not carry out any further production of the tailored or bespoke vehicle until we have received payment of the second instalment from you.
  • The remaining balance of the total price of a vehicle will be payable when we have completed the design and production of a vehicle and prior to the collection of it.
  • All invoices shall be paid within 30 calendar days of the date of the invoice, or as above. You acknowledge that we will not commence or provide design and production services until you have made payment of our invoice (as set out above).
  • You are responsible for covering the cost of all materials and expenses used or incurred by us in providing a tailored or bespoke vehicle. Except as set out in the payment schedule, we will not incur any costs or expenses on your behalf without your prior consent. You understand that where we require consent to incur any costs or expenses, failure to provide it may result in the specification being amended accordingly.
  • If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
  • If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
  1. COLLECTING THE VEHICLE
    • All vehicles must be collected from our premises.
    • During the order process we will provide you with an estimated collection date.

If you have purchased a stock vehicle 

  • We will arrange collection with you as soon as reasonably possible and we will give you an estimated delivery date (which will be within 28 days after the day on which we accept your order).

If you have purchased a tailored or bespoke vehicle

  • If we are providing a tailored or bespoke vehicle, we will let you know the estimated timescales for completion of the design and production during the ordering process and will keep you updated on our progress. Once the tailored or bespoke vehicle is ready, we will agree with you an estimated collection date for the vehicle which will be as soon as reasonably possible following completion of the design and production (and in any event within 30 days of completion).
  • If our supply of a vehicle to you or our design and/or production of a tailored or bespoke vehicle is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of delay in production of 6 months or more or we have agreed a long stop date for supply of the vehicle that it appears as unlikely we can fulfil  and you are a consumer customer, you may contact us to end the contract and receive a refund for any vehicle you have paid for but not received.
  • If our supply of a vehicle to you or our design and/or production of a tailored or bespoke vehicle is delayed due to any action or default by you (including a failure to provide prompt instructions, or to provide any information in accordance with clause 8.10 or approvals within a reasonable time) then we will not be liable for such delays.
  • We will let you know when the vehicle is ready for collection and agree a date and time for you to collect it. Collection from us will take place at a time and date during our working hours of 8.00am – 4.30 pm on weekdays only (excluding public holidays).
  • On collection of a vehicle, we will provide you with documentation relating to a vehicle including any applicable certificates, manuals and care instructions.
  • If you do not collect a vehicle from us as arranged we will contact you for further instructions and may charge you for our reasonable storage and insurance costs and any further costs. We will notify you in writing of these storage costs which will continue until collection or the vehicle is disposed of. If, despite our reasonable efforts, we are unable to contact you to re-arrange collection we may end the contract and will write to your last provided address to notify you of this. We will then no longer be obliged to supply you with the vehicle, and we may sell the vehicle to another customer however for the avoidance of doubt you will remain liable for the storage costs (plus any compensation) (see clause 9.3).
  • As you are a consumer customer, the vehicle will be your responsibility from the time when you or a carrier organised by you collect it from us (we will be responsible for the unloading and loading of the vehicle).
  • You own a vehicle once we have received payment from you in full.
  • We may need certain information from you so that we can supply the vehicle to you, for example, any material specifications required for the vehicle, approval of the specification or materials or other items and other such instructions or information. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 9.3 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result.
  • We may have to suspend the supply or design and production of a vehicle to:
    • deal with technical problems or make minor technical changes;
    • update our vehicles to reflect changes in relevant laws and regulatory requirements; and/or
    • make changes to a vehicle as requested by you or notified by us to you (see clause 6).
  • If you do not pay us for a vehicle when you are supposed to (see clause 7.3) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of a vehicle until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of a vehicle. As well as suspending the provision of a vehicle, we can also charge you interest on your overdue payments (see clause 7.5). If you fail to make payment within 7 days of us reminding you to do so, we may choose to terminate the contract with you under clause 9.1 and clause 9.3 will apply.
  1. OUR RIGHTS TO END THE CONTRACT
    • We may end the contract for a vehicle at any time by writing to you if:
      • you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
      • you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the vehicle; and/or
      • you do not, within a reasonable time, allow us to deliver the vehicle to you or collect them from us.
    • If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for a vehicle that we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract. These net costs may include the cost of any work and modifications made to a tailored or bespoke vehicle pursuant to your order.
  2. GUARANTEES AND WARRANTIES
    • Our new base vehicles are sold with manufacturer warranty and with a Leisuredrive Campervans 2 year conversion warranty subject to an annual habitation check and starts from the date of collection. Full terms and conditions of the vehicle’s comprehensive warranty are available upon the point of sale of the vehicle and will further be made available to you upon collection of the vehicle.
    • Second hand base vehicles are sold with a 1 year gold mechanical warranty and a Leisuredrive Campervans 2 year conversion warranty subject to an annual habitation check and starts from the date of collection. Exemptions that apply to the coverage afforded by the guarantee and terms and conditions are available on sale of the vehicle and will further be made available to you upon collection of the vehicle. Please be aware that minor faults and imperfections will not be covered by the guarantee.
    • Second hand campervans are sold with a 1 year gold mechanical warranty. The conversion will not be covered under any warranty unless previously agreed and stated on your order form.
    • Any warranty or guarantee on a new base vehicle campervan or second hand base vehicle campervan or a second hand campervan will be invalidated where significant modifications have been made to the vehicle or campervan conversion. Significant modifications will include anything that materially alters the vehicles characteristics, including performance and physical or aesthetic appearance, that cannot be easily removed or reversed and without incurring cost.
    • Part exchange may be available when purchasing a vehicle, full details of this can be made available at your request. On changeover your part exchange vehicle must have a new MOT and evidence of recent servicing or a charge of £250 will be issued to you to cover this
    • Leisuredrive Campervans do not offer any warranty on the base vehicle where the customer has had a conversion only order. Leisuredrive Campervans 2 year conversion warranty subject to an annual habitation check and starts from the date of collection. 
    • IF THERE IS A PROBLME WITH THE VEHICLE
    • If you have any questions or complaints about a vehicle, please contact us. You can telephone our customer service team at [01204 574478] or write to us at aftersales@leisuredrive.co.uk and Unit 4, Fishbrook Industrial Estate, Stoneclough Road, Kearsley, Bolton, BL4 8EL.
    • As you are a consumer customer, we are obliged to supply a vehicle to you which is in conformity with the contract. Nothing in these terms will affect your legal rights. If you have any issues with a vehicle please let us know by contacting us on the details above and we will try to resolve any issues. Should the issue not be resolved, we will discuss your options with you.
    • If a vehicle requires repair as a result of our failure to supply a vehicle to you which is in conformity with the contract, you will be required to return the vehicle to us to allow us to inspect (and if necessary undertake any repair work).
  3. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
    • We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
    • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to a vehicle including the right to receive a vehicle which is: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; and for defective products under the Consumer Protection Act 1987.
    • We are not liable for business losses. If you are a consumer we only supply our vehicles to you for domestic and private use.
  4. CANCELLATION OF A PURCHASED VEHICLE
    • We will not accept a cancellation or return of a stock vehicle and will not issue a refund for any vehicle purchased at our showroom. The stock vehicles are sold as available to be seen at our showroom. Sale will complete as in accordance with clause 7.
    • We will accept cancellation of any stock vehicle within 14 days purchased [through our website, over the phone or via any written means of communication.
    • We will accept cancellation of a tailored vehicle after the payment of the first deposit and within 14 days only. You will be liable however for any costs we have incurred for the design and production of the tailored vehicle up until the date of our acknowledgement of your cancellation, or two weeks after your cancellation, whichever is sooner. We will send you an invoice for any costs incurred in the design and production of the vehicle within 30 days of your cancellation. The invoice will need to be paid within 30 days of issue.
    • We will not accept any cancellation of a bespoke vehicle, as defined in Clause 1.2. This is in accordance with Regulation 28 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013/3134.
    • Any cancellation must be made in writing by email or post to the relevant contact details as set out in Clause 2.2 of these terms.
  5. HOW WE MAY USE YOUR PERSONAL INFORMATION

We will only use your personal information as set out in our [LINK TO PRIVACY POLICY].

  1. INTELLECTUAL PROPERTY RIGHTS
    • Unless provided to us by you, all ownership in intellectual property rights existing or arising in connection with any design and production of a tailored or bespoke vehicle (including but not limited to all rights in any specification, plans, designs, drawings and technical data) shall be retained by us. You shall only use our intellectual property rights (including but not limited to any reproduction or disclosure to a third party) with our written consent.
  2. OTHER IMPORTANT TERMS
    • We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this.
    • You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
    • This contract is between you and us. No other person shall have any rights to enforce any of its terms.
    • Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    • If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide you with a vehicle, we can still require you to make the payment at a later date.
    • These terms are governed by English law and you can bring legal proceedings in respect of our vehicles in the English courts. If you live in Scotland, you can bring legal proceedings in respect of our vehicles in the Scottish or English Courts. If you live in Northern Ireland, you can bring legal proceedings in respect of our vehicles in either the Northern Irish or the English Courts. Nothing in these terms shall affect your statutory rights.
    • 17. CHANGES TO YOUR ORDER

      Any changes to your order will be agreed between you (the customer) and Leisuredrive Campervans and confirmed in writing via email.

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