My son is buying a car from a well known car supermarket. He takes del this Friday.
If you buy on the phone/internet you have increased powers to reject the goods as a private citizen - this applies to purchases whatever they are - Computers / TVs etc - so all in all you have more power of the law to reject goods.
Out of interest this mrning I looked at the T&Cs of this supermarket chain.
Their consitions of sale - NO 1 on the list - although the company sells over the phone/internet - the Distance Purchasing rights do not apply!!
Surely this is unfair contract terms applies as a company cannot just cannot opt out of the law on one hand.
On the other this company uses EU regs on car manufacturers and import cars from wherever - undercutting UK based companies.
Have we any BR lawyers about?
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I'm not sure they can decide which laws apply!
If they could, I guess we could drive down the road at 90 mph, and then point out the Plod that we had a sticker in the back window saying we do not comply with or recognise the law relating to speed limits.
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... Their consitions of sale - NO 1 on the list - although the company sells over the phone/internet - the Distance Purchasing rights do not apply!! Surely this is unfair contract terms applies as a company cannot just cannot opt out of the law ..
falkirk b:
i.a.n.a.l. and you can look up the relevant law and oft guidance via google e.g.
www.opsi.gov.uk/si/si2000/20002334.htm
there are exceptions allowed and one of them is where "goods are made to a consumer's specification". so if your son has specified a particular model/colour/accessories/extras, it might be argued that the car has been made to his specification and so is exempt from the regulations.
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p.s. the exception mentioned above is listed in the statutory instrument
www.opsi.gov.uk/si/si2000/20002334.htm
at section 13.(1).(c)
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I can see what you are getting at, but since the outlet concerned is just an outlet for SH cars, I'm not sure a court would be too happy with that interpretation of the law. If the buyer had rung up specifying a 1600 Astra, and agreed to have one in XX trim in YY colour, I doubt that could be construed as a special order.
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... but since the outlet concerned is just an outlet for SH cars ..
where does it say that in the o.p. ?
i thought he was buying brand new.
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Falkirk Bairn,
I would recommend that you check the VIN with the manufacturer. If it is an import, you'll have to register the car with the manufacturer's warranty department here in the UK and it will have limitations unlike a UK vehicle.
It may only get 3 years 100,000km or 60,000km. If it's brand new, it certainly won't come with the breakdown assistance package as most manufacturers factor this cost in to the price of a UK vehicle, which is why car supermarket and companies can offer the same vehicle at a cheaper prices than a dealership.
There are pitfalls. Trust me!
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Dalglish - my mistake - assumed SH as it's from a supermarket. Could be new, but OP does not state either way.
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I would not expect a car, unless something like a rolls where I believe you can specify anything, wiould be considered to be made to the buyers specification. This is intended to cover the situation where the seller cannot find another buyer because the specification is so restricted - e.g. I order a non-standard window frame from B&Q - if I don't take it it is unsaleable.
Also a car not to the manufacturers standard spec has to be declared to the insurer - I am sure they would not want to know if it only had options listed on the manufacturers price list so IMO distance selling would not be voided by specification.
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Dalglish - my mistake ...... Could be new, but OP does not state either way ..
quite ok. but isn't it frustrating when the o.p. is still posting on other threads yet does not bother to return to his own thread to answer queries and/or add to their post?
as fto status of cars manufactured to order - whether to basic spec or with extras - you may find that another area where suppliers are exempt from "normal" trading t&c is the one where the supplier is allowed to increase the price of the car even after you have paid a deposit with your order for a delivery date estimated some weeks later.
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the relevant law and oft guidance via google e.g. www.opsi.gov.uk/si/si2000/20002334.htm there are exceptions allowed and one of them is where "goods are made to a consumer's specification". ..
further specific information is here:
www.oft.gov.uk/NR/rdonlyres/446DFD28-F6E2-4F5E-9AE...f
" Cars and other vehicles sold by distance means Guidance on compliance May 2005 "
www.out-law.com/page-6034
www.out-law.com/page-706
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>>www.oft.gov.uk/NR/rdonlyres/446DFD28-F6E2-4F5E-9AE...8
654/0/oft689.pdf
" Cars and other vehicles sold by distance means Guidance on compliance May 2005 "
The answer Falkirk Bairn is on page 22 of the link provided by Dalglish. It appears that the seller cannot exclude Distance Selling Regulations.
--
Roger
I read frequently, but only post when I have something useful to say.
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