Terms and Conditions

Website Terms and Conditions

Access to this website (the 'Site') is subject to the following terms and conditions and using this Site indicates that you accept these terms and conditions. Please read through these before continuing to use the Site. If you do not accept these terms and conditions, do not use the Site.

These terms and conditions may be updated or changed from time to time and your use of this Site is deemed to be acceptance of the most recent terms and conditions as appearing on the Site.

About Us

This Site is managed by:
The Whole Caboodle ('We')
Registered in England with a registered office at:
Number One Park View, Harrogate, HG1 5LY

Access

Permission is granted on a temporary basis to access this Site. We reserve the right to withdraw or amend the Site without notice. We will not be liable if for any reason the Site is unavailable at any time or for any period of time.

Use

You agree that you are using the Site for you own personal use or personal use within your business. You cannot replicate the content for your own commercial purposes. The search functionality has been produced to help you find a motor vehicle to purchase and the other content of the site should just be used for the purpose we intended.

Content

1. Pages in the Site may contain technical inaccuracies or typographical errors. We do not accept any responsibility for information that may be out of date or inaccurate regardless of whether this information has been prepared by us or supplied via a third party.

2. Information contained in this website is for information purposes only. You should not rely upon this information when making any decision or action in relation to buying or selling a vehicle. We give no warranty as to the accuracy of the content on the site.

3. The information contained in this Site does not constitute advice. We disclaim any and all liability and responsibility arising from any reliance placed on such materials by you, the user.

Permitted Use

You may print and download extracts from this Site for your own personal use but not for any commercial reason whatsoever. Except that you can print or download extracts for personal reasons within your business such as buying a motor vehicle for your business. The whole site is copyrighted.

Intellectual Property

1. All Intellectual Property rights appearing or used in connection with the Site are either owned by or licensed to us. No right to use or copy or distribute or in any other way use the Intellectual Property Rights is given to you by your gaining access to the Site. That includes the content pages and photographs and the database of vehicles.

2. All trademarks, names and logos used on this Site belong to us or are our associated companies. Nothing in these terms and conditions gives you any licence or right under any trademarks, names or logos or other Intellectual Property.

Liability

Materials displayed on the Site are provided without any guarantees, conditions or warranties as to the accuracy or completeness of this information. We further expressly exclude the following:

• All conditions, warranties and other terms which might otherwise by implied by statue.

• Any liability for a direct and indirect consequential loss or damage by any user in the connection of the Site without limitation

• loss of income or revenue

• loss of business

• loss of profits or contracts

• loss of anticipated savings

• loss of data

• loss of goodwill

• wasted management or office time, and

For any other loss or damage of any kind, howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

We make no warranty that the Site (or websites which are linked to the Site) is free from viruses or any other malicious or impairing computer programs. It is your responsibility to ensure that you use appropriate virus checking software. We are not liable for any failure to perform any of our obligations under these terms and conditions caused by matters outside our reasonable control.

General

These terms and conditions of access together with our Privacy Policy contain the entire agreement and understanding between the parties relating to the Site, and supersede any and all prior agreements, arrangements, statements and understandings, except for any fraud or fraudulent representation by either party. We exclude all representations and warranties relating to access to use of the Site, whether they are statutory or otherwise, as far as is possible by law.

These terms and conditions shall be governed by and in accordance with English law and subject to the exclusive jurisdiction of the English Courts. Failure to agree to these terms and conditions means that you must stop using the Site immediately.

Correspondence

All correspondence relating to the Site should be sent to: [email protected] 

Build My Deal, Part Exchange, Reserve Now, Buy Online

The following terms and conditions are applicable to the functions of Build My Deal, Reserve Now and Buy Online on this website.

1. Build My Deal
   • Whilst West Way makes every effort to ensure that pricing and financial information provided is accurate and current, we give no warranty or undertaking as to the quality or freedom from error of the information provided on the website.
   • Any financial deals or quotations that have been calculated on the website by interacting with the financial tools on the website are for indicative purposes only, and subject to change or expiration without notice.
   • All financial deals and quotations are subject to verification by a member of the West Way team before any orders and purchases are finalised.
   • Any saved deals where the finance offer and information has changed, been updated or expired by the finance provider, cannot be honoured and an updated deal may be required.
   • All deals exclude any admin fees that may be applicable upon purchase. 
2. Part Exchange
   • This will be an estimated valuation of the vehicle based on the information provided.
   • It is not a guaranteed value or offer to purchase your vehicle.
   • The estimated valuation is provided by our partner CAP and is valid for a period of 14 days. After this period, an updated part exchange valuation may be required.
   • The estimated valuation may change based on a physical evaluation of your vehicle by West Way.
   • If an online valuation is not available for your part exchange vehicle, a separate Value My Vehicle form may be completed, whereby a member of the West Way sales team will provide a valuation. This valuation will not be linked to the Build My Deal functionality on the website.
3. Reservation Deposit
   • A £99 (including VAT) reservation deposit must be paid via debit or credit card in order to reserve the vehicle, except for Nissan GT-R models where a reservation deposit of £249 will be required.
   • This reservation deposit will be processed Stripe’s authenticated and encrypted payment system. More information about Stripe can be found here
   • West Way does not view or store any debit or credit card or any other payment information as entered on the website.
   • On receipt and verification (in cleared funds) of the reservation deposit, the vehicle will be reserved for a period of 7 days.
   • If no successful contact has been made with you regarding the reserved vehicle within 7 days of the reservation deposit being paid and received by us, West Way reserve the right to remove the vehicle as reserved and make available for sale to the general public.
   • To request a refund of the reservation deposit, the dealership at which the vehicle is reserved must be contacted. 
   • Only one vehicle at a time may be reserved. If you have more than one vehicle reserved at the same time, West Way reserves the right to refund one of the vehicles, making it available for sale again. You will be refunded your deposit less any payment processing fees incurred by us.
   • If you go on to purchase the reserved vehicle, the reservation deposit will either be refunded or; the vehicle purchase price will be deducted by the same value or; deducted from your finance deposit.
4. Buy Now
   • A reservation deposit as outlined in section 3 will be required to complete the Buy Now process for a vehicle. This is to prevent the vehicle from being reserved by another whilst you are completing your order.
   • Completion of the Buy Now process indicates the intent to purchase the vehicle. It does not obligate you to the purchase the vehicle.
   • West Way are not obligated to sell you the vehicle if there has been any inaccuracy or misrepresentation of the vehicle or financial information on the website. In such cases, any deposits will be refunded in full. 
   • Following completion of the buy now process on the website, a member of the West Way team where the vehicle is located (in the case of used vehicles) or the dealership you have chosen (in the case of new vehicles), will be in touch to confirm the order, verify all information provided including any finance application that has been made and to inform of next steps to complete the purchase. This will be subject to our separate Terms and Conditions of Sale.
5. Optional Extras
   • Any optional extras chosen during the buy now process is for indication of interest in receiving further information about the selected products. It is not an obligation to purchase these products.
   • No charges are made on the website for any chosen optional extras.
6. Delivery Options - you have the following options to complete the vehicle handover:
   • Collect the vehicle for free from the dealership where the vehicle is based (in the case of used vehicles) or the dealership you have chosen to deal with (in the case of new vehicles only) or;
   • Have the vehicle delivered to an address of your choice for a fee of £95 including VAT. The £95 delivery fee only applies to vehicles delivered within a 100-mile radius of the dealership or storage location where the purchased vehicle is based. If the delivery location is outside of this 100-mile radius, a member of our sales team will advise on the applicable delivery charges.
   • You may request to change your choice of handover by contacting the dealership but a delivery charge may apply.
   • Delivery charges are not made up front via the website; delivery charges will be added to the final balance to pay upon an order being finalised.
   • Any available delivery dates shown on the website are for indicative purposes only.
   • Any delivery dates chosen during the buy now process is to state preference only and should not be taken as guaranteed delivery date of the vehicle. A member of the sales team will confirm an exact delivery date and time based on the chosen delivery method once the order has been finalised.
7. Finance Application – if applicable
   • The finance application is processed by a third party, Codeweavers Ltd, who enable your finance application for the vehicle to be submitted to our primary finance lender RCI Financial Services Limited. Their privacy policy can be found here.
   • Your personal details relating to the finance application will be held for a period of six months in line with GDPR requirements, following which they will be completely removed.
   • A member of the West Way sales team will contact you to confirm the finance quotation and details of your finance application details before submission.
   • Following the submission, a member of the West Way sales team will contact you to inform you of the decision of the finance application.
   • In the event that your finance application has been accepted by RCI Financial Services Limited, a member of the sales team will discuss next steps which will include completing the RCI Financial Services Limited e-signing process.
   • In the event that your finance application has not been accepted by RCI Financial Services Limited, we may refer to our partner DSG Financial Services Ltd who is a credit broker and not a lender.
   • If you are unsuccessful with your finance application and you are unable to proceed with the purchase, the vehicle will be made available to market again and your reservation deposit will be refunded to you. 
8. My Account with West Way
   • Creating an account with West Way is required to save any tailored vehicle deals, reserve a vehicle or buy a vehicle online.
   • Your personal details will be stored in line with the West Way Privacy Policy which can be viewed here.
   • You can request for your details to be removed by emailing [email protected]
   • Any saved deals in this account area may be invalidated if the offer expires, has been updated or is withdrawn. There is no obligation for West Way to honour a saved deal.
   • Any reservations or order that have subsequently been cancelled may still show in your account area.