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BROADSPEED LIMITED FULL TERMS & CONDITIONSBroadspeed is a Registered EU and UK Trade Mark Number 011196151.
Broadspeed Limited UK Company Number 02926377.
Broadspeed Limited Data Protection Registration Number: Z9749425.
Broadspeed Limited is Authorised and Regulated by the FCA - Registration Nr: FRN 764961
1.0 General Using our Web Site is deemed to be your agreement to comply with and be bound by our Terms & Conditions. If you do not agree, please do not use it. This agreement applies as between you (the site user), and us (the site owner).
2.0 About Our QuotesWe act as a negotiator and intermediary between you and a Franchise Car Dealership (an Official Main Agent). Our website discounts are based on a recent transaction and represent what we believe you would pay. We only display figures that we believe are both achievable and accurate; before you decide to proceed with an order, we will check that the displayed discount remains accurate and available - then confirm it in writing. Please be aware that as an intermediary, we are not able to control dealer discounts or influence manufacturer pricing or specifications. Consequently, changes sometimes arise; please do not rely solely on this web site for research; always take a moment to review the manufacturer's own web site or brochure before reaching a decision. To comply with consumer law, use of our website to see indicative pricing automatically authorises us to provide you with informal quotes (whether verbally, by text, chat, email etc). An informal quote is just that - whether it's verbal or in writing. There's no obligation on any party until the price and conditions have been confirmed in writing and you have emailed us to proceed with a firm order. If you do not agree with these conditions, please do not use this site.
3.0 Obtaining a Formal QuoteOnce we have checked and sent you a formal quote in writing, it is normal for you to instruct us to go ahead with the order. You simply respond to us in writing (eg by email) within one working day of the formal quote. At that stage, we will have confirmed the discount, specification, total price and any conditions with the supplying dealer. If we are quoting for new, it would be an unregistered, UK-supplied vehicle - meaning "Brand New" - you would be the First Registered Keeper (V5C document in Your Name from new - not second keeper or pre-registered). All Brand New Vehicles carry a normal Manufacturer’s Warranty (no imports, just official UK Cars). We check our discounts regularly so they are nearly always "spot-on" (and based on what a Broadspeed customer actually paid - or on a dealer's offer). Once you are ready to proceed, we set up a three way conference call (between you, us and the Dealer Manager). If everyone is in agreement, we exit the call - and you complete the order process (paying a deposit direct to dealer). Please be aware that discounts are only firm once you sign a dealer order and pay the deposit (theoretically, a discount or list price could change up until the order process is fully completed, but this is very rare - and dealers normally give advance notice). For clarity, there are three distinct elements to a fully completed order: 1) you sign and return the dealer's order form (whereafter, only the dealer's T&Cs apply); 2) you pay the agreed deposit to the dealer; 3) you receive confirmation that the order has been accepted by the dealer - and by the manufacturer (where factory ordered). Only once all three elements have been completed can an order and discount be considered as firm.
4.0 Limited Discounts and Special OffersNo car price, offer, discount or deal lasts for ever (stocks or offers can run out and time-limited campaigns have expiry dates). Please also be aware that most deals and discounts have an expiry date (often the Quarter Date - eg every 31/03, 30/06, 30/09 or 31/12). So, if you are contemplating an order near these dates, we strongly advise you phone us on (0207) 175 0555 to check if a specific discount, deal or price remains available within your proposed timescale.
5.0 Payment Direct to DealerYou pay the Main Dealer, direct. Some dealers insist that we obtain a card number and permission to charge an agreed deposit to initiate an order process with them (the dealer deposit is typically £500-£1000). This is because a card number demonstrates your readiness to proceed (dealers only really fully engage when they are confident of an order). In this instance, we always confirm who will charge you, how much and when - always in advance - then wait for your agreement before proceeding. Nothing is ever charged on your card - unless you authorise it.
6.0 Our Fee, Payable by YouYou pay us NOTHING unless you proceed with a dealer order. Once you tell us to go ahead and arrange the dealer introduction process, we confirm the price and conditions in writing. Then we'll introduce you to the cheapest dealership in your area or region (or wherever was agreed). Once you place the order with the dealer we introduce (ie: sign the orderform and pay the deposit), we take our £199 fee - usually by card. You only pay us £199 once your order has been placed and deposit paid. If your order is subsequently cancelled (or is not completed), we introduce alternative supplier/s at no extra cost - and - if no similarly competitive supplier is found, we refund whatever you paid to us, in full within 7 days (we need the dealer to confirm any cancellation).
7.0 Our Fee, Payable by DealerThe dealer pays us NOTHING unless you go ahead with an order. If you do proceed and pay a deposit, the dealer pays us a success fee (this sum is always included within our web site prices, it is not extra or added on top). Some dealers may ask you to pay this fee directly to us. Should this be the case, that dealer fee would be knocked off your final price (your final invoice would be reduced by the sum you pay to us - so it won't cost a penny more than we quoted originally).
8.0 Invoice from The Main DealerFor the vast majority of New Car Orders, the principal supplier (i.e. The Main Dealer we introduce you to) invoices you direct. This happens once the new vehicle arrives and is ready for collection or delivery (you pay the balance direct to the dealer); however, under certain circumstance (see section 9.0 below), we may issue the order and final invoice ourselves. If this is the case, we'd advise you in advance of any decision being reached. Where we act as the principal seller, you would buy from (and pay) Broadspeed Ltd (not the Main Dealer). There’s no risk - your payments are fully insured by your Credit Card company. Please search online for ‘Section 75 Credit Card Protection’ and read how one small card payment protects all of your money.
9.0 Invoice from Broadspeed LtdWhere some manufacturers impose conditions on the saving - for example requiring you to buy on finance to achieve the best discount, we may offer you a ‘work-around’ solution - such that you can achieve the same or a similar saving - but without PCP or HP. In such circumstances, you could buy from Broadspeed Ltd (rather than from the Main Dealer). The order would still be placed with a UK Main Dealer (or with the manufacturer itself) and the vehicle would still be FIRST KEEPER in your name and address (not pre-registered or second keeper). This ‘work around’ solution is purely an option for you to consider; buying from Broadspeed Ltd does not affect your Warranty, Breakdown Package or Consumer Rights, in any way.
10.0 Warranty and Local ServicingAll New Cars have a normal UK Manufacturer Warranty and full Main Dealer support. Servicing is exactly the same - no matter how the order is placed (just use your local main agent. Any Warranty claim is handled by your Local Main Agent (not the supplier).
11.0 Errors and OmissionsEvery effort has been made to ensure we display accurate, up to date and complete information; however mistakes can arise and we are not able to accept reposnsibility for errors or omissions.
13.0 Complaints If you have a complaint of any kind, please do not hesitate to telephone our MD, Simon Empson on (0207) 175 0924 or (07956) 200000.
14.0 Definitions and InterpretationIn this Agreement the following terms shall have the following meanings: Content - means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site. Broadspeed.com - means Broadspeed Limited, (Broadspeed Limited, 22 Coronet St, London N1 6HD). Service - means collectively any online facilities, tools, services or information that Broadspeed Limited makes available through the Web Site, historically, now or in the future.
Service - means collectively any online facilities, tools, services or information that Broadspeed Limited makes available through the Web Site either now or in the future.
15.0 SystemSystem means any online communications infrastructure that Broadspeed Limited makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links. User / Users - means any third party that accesses the Web Site and is not employed by Broadspeed Limited and acting in the course of their employment. Web Site - means the website that you are currently using (broadspeed.com) and any sub-domains of this site unless expressly excluded by their own terms and conditions.
16.0 Intellectual PropertySubject to the exceptions in Clause 3 of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Broadspeed Limited, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws. You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Broadspeed Limited.
17.0 Third Party Intellectual PropertyUnless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable. You may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Web Site or unless given express written permission to do so by the relevant manufacturer or supplier.
18.0 Links to Other Web SitesThis Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of Broadspeed Limited or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
19.0 Links to this Web SiteThose wishing to place a link to this Web Site on other sites may do so only to the home page of the site www.broadspeed.com without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Broadspeed Limited. To find out more please contact us by email: simon [at] broadspeed.com or by postal/ mail to: Broadspeed Limited, 22-26 Coronet St, London N1 6HD.
21.0 Disclaimers21.1 Broadspeed Limited makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
21.2 No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
22.3 No part of this Web Site is intended to constitute a contractual offer capable of acceptance. No goods and / or services are sold through this Web Site and product and / or service details are provided for information purposes only.
21.4 Whilst every effort has been made to ensure that all graphical representations of products and / or descriptions of services available from Broadspeed Limited correspond to the actual products and / or services, Broadspeed Limited is not responsible for any variations from these descriptions.
21.5 Broadspeed Limited does not represent or warrant that such products and / or services will be available from us or our Premises. For this reason, please contact us prior to visiting if you wish to enquire as to the availability of any products and / or services. Any such enquiry does not give rise to any express or implied warranty that the products and / or services forming the subject matter of your enquiry will be available upon your arrival at our Premises.
22.0 Availability of the Web SiteThe Service is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Broadspeed Limited accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
23.0 Limitation of LiabilityTo the maximum extent permitted by law, Broadspeed Limited accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the website or any information contained therein. Users should be aware that they use the website and its content at their own risk.
23.1 Nothing in these terms and conditions excludes or restricts Broadspeed Limited's liability for death or personal injury resulting from any negligence on the part of Broadspeed Limited.
23.2 Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
24.0 No WaiverIn the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
25.0 Previous Terms and ConditionsIn the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
26.0 NoticesAll notices / communications shall be given to us either by post to our Premises (see address above) or by email to simon [at] broadspeed.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
27.0 Law and JurisdictionThese terms and conditions and the relationship between you and Broadspeed Limited shall be governed by and construed in accordance with the Law of England and Wales and Broadspeed Limited and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.