Our mission is to help consumers and businesses switch to electric, make great buying decisions and get the best out of their electric vehicles. This means that we do all that we can to ensure customers are fully satisfied with their purchase and that it is accurately described and beautifully prepared. We road test every vehicle for at least 50 miles and many of our vehicles are checked by main dealer service centres before sale.
We completely respect the rights of customers as set out in the Consumer Rights Act 2015 which apply if any car sold is not as described or, because of a fault that was present at the time of delivery, was not of satisfactory quality or fit for purpose. This means that if a fault develops within 30 days of delivery you are entitled to a refund or an equivalent replacement vehicle. If a fault develops within 6 months, a repair will be organised by EVE but if the fault cannot be repaired you are entitled to a refund. In this event a fair deduction will be made to reflect the value of the use enjoyed since taking delivery of the vehicle. For more information about the key rights of consumers, visit www.citizensadvice.org.uk.
Contract terms for the supply of a used vehicle and/or parts and accessories by EV Experts
Nothing in these terms affects or restricts your statutory rights as a consumer or shall be construed as limiting or excluding any liability which may not by law be excluded.
1. Definitions
“Contract” the contract for the sale and purchase of the Vehicle, goods and/or services.
“Customer” the person, firm or company, contracting for goods and/or services as detailed on an Invoice issued by EVE.
“EVE” Electric Vehicle Experts Limited trading as EV Experts and registered as a company in England and Wales number 10738821.
“Invoice” as issued by EVE to the Customer detailing the Vehicle, goods and/or services to be supplied by EVE, an estimated Delivery Date for the Vehicle described as the “due date”, the Purchase Price, any Part Exchange Allowance and any third party warranty product.
“Part Exchange Allowance” the amount specified in the Invoice produced by EVE for a Part Exchange Vehicle and allowed against the purchase price of a Vehicle.
“Part Exchange Vehicle” the used vehicle (if any) offered by the Customer, details of which are located on the Invoice and in the separate “Part Exchange Terms” document.
“Purchase Price” the price for the Vehicle as set out in the Invoice and any amendments thereto.
“Vehicle” includes any car, van, trailer, motor cycle and any parts, accessories and extras detailed in the Invoice and being supplied by EVE to the Customer.
2. Contract and interpretation
2.1 These terms shall represent the whole and only contract between EVE and the Customer. They may only be varied by written agreement between the parties. The Customer acknowledges that specifications and details in any factsheet or overview description of the Vehicle and forecasts of performance are approximate only, and that such specifications, descriptions, forecasts and representations made by EVE to the Customer do not form part of this Contract.
2.2 Headings are for convenience only and do not affect the construction of the Contract.
2.3 Any waiver by EVE or the Customer of any breach of this Contract by the other should be in writing and shall not be construed as a waiver of any subsequent breach of the same or of any other provision. Failure by either party to enforce at any time or for any period any one or more of the terms shall not be a waiver of them or of the right at any time subsequently to enforce all of them.
2.4 In the event that any one or more of these terms are declared unenforceable, the remaining terms shall remain in full force and effect.
2.5 The Contract shall be governed by and construed in accordance with the laws of England and Wales and shall be subject to the exclusive jurisdiction of the English Courts where alternative dispute resolution has been unsuccessful.
3. Delivery of vehicles
3.1 Unless otherwise specified on the Invoice, delivery of the Vehicle and/or goods shall take place at one of EVE’s stores. EVE will use its best endeavours to secure delivery of the Vehicle by the date indicated on the Invoice but this due date is not guaranteed and neither the date nor time of delivery are of the essence. In the event of cancellation for any reason the Customer agrees to return the Vehicle and/or goods to one of EVE’s stores.
3.2 Vehicles are sold as roadworthy at the date of delivery and are subject to any defects drawn to the Customer’s attention by a representative of EVE or which the Customer has discovered or could have reasonably discovered upon examining the Vehicle prior to the Invoice being issued. The Customer acknowledges that an opportunity has been afforded to examine the Vehicle and/or goods.
3.3 Unless otherwise specified, the producer of the Vehicle is its Manufacturer.
3.4 The Customer shall not be entitled to take delivery of the Vehicle unless the Part Exchange Vehicle has been delivered (where applicable) and the Invoice balance has been paid in full in cleared funds, and if not paid in full within ten days of the due date, EVE shall be entitled to treat the Contract as cancelled by the Customer. Time for payment shall be of the essence.
3.5 Acceptable methods of payment include bank transfers, debit or credit cards where the sum does not exceed £500 and/or the Customer may arrange for a finance company to fund the purchase of the Vehicle and EVE will set funds received from any such lender against the Purchase Price. For the avoidance of doubt, cash and bank drafts are not accepted. In addition:
a) interest will be charged to the Customer on all amounts remaining outstanding and unpaid after the due date stated on the Invoice at the rate of 2% per annum above the Bank of England base rate from time to time in force, and shall be calculated and accrue on a daily basis from the due date until payment has been received in full.
b) In the event of non-payment by the due date, any cost of storage and/or any additional transportation for the Vehicle on such terms as EVE in its absolute discretion thinks fit, will be added to and form part of the Purchase Price. EVE may (without prejudice to its other rights and remedies under the Contract) retain any deposit paid by the Customer and sell the Vehicle and retain the proceeds of the sale.
3.6 Risk of damage to, or loss of, the Vehicle are at the risk of the Customer as soon as the Vehicle is delivered and the Customer or their representative leave the EVE store.
3.7 EVE may request a deposit when the Invoice is raised which will be set against the Purchase Price. EVE may (without prejudice to its other rights and remedies) retain from any deposit paid an amount equal to any costs and/or expenses incurred or likely to be incurred by EVE in connection with the Vehicle, in the event that the Contract is cancelled by the Customer after the due date has passed. If the Contract is cancelled by EVE or before the due date, EVE shall return any deposit paid in full to the Customer who thereafter shall have no further liability to EVE under the Contract.
3.8 EVE does not operate an organised distance selling scheme as defined by The Consumer Contracts (Cancellation, Information and Additional Charges) Regulations 2013. If the Customer chooses not to view the Vehicle prior to purchase, they will not be entitled to cancel the order under a 14-day cancellation period but can reject the Vehicle within 1 hour and 50 miles of receipt. Funds will then be returned within 24 hours of the Vehicle being collected less any cost to repair any damage the Vehicle has sustained whilst in the Customer’s care less the cost of its delivery and return including VAT.
4. Warranties
4.1 Vehicles are covered by a minimum of 6-months’ warranty unless there is a specific reason, the details of which will be provided to the Customer. The age, make, model and mileage of a vehicle will determine the level of warranty cover available:
a) where applicable, Vehicles are sold with the unexpired portion(s) of manufacturer’s warranties, the terms of which will be specified in relevant documentation by the Manufacturer (which may be found online). The benefit of such warranties is in addition to any statutorily implied warranty on the part of EVE. The warranty may not apply if the Manufacturer’s instructions concerning the treatment, maintenance and care of the Vehicle have not been adhered to (including servicing) or if the Vehicle and/or its defect have not been examined or repaired by a dealership, and in a manner, authorised by the Manufacturer, in which circumstances EVE will not be held liable.
b) where the Manufacturer’s warranty/ies have expired, Vehicles are supplied with a used car warranty plan from WarrantyWise, the term of which is detailed in the Invoice. Full details of the warranty plan, including exclusions, are supplied directly to the Customer by WarrantyWise by email on or immediately after delivery of the Vehicle.
4.2 The terms of warranties are determined not by EVE but by the Manufacturer or WarrantyWise (as applicable). Warranties are not under the jurisdiction of EVE and all communication from the Customer regarding the warranty should be conducted with a representative of the Manufacturer or WarrantyWise (as applicable). In any event the Customer must inform EVE and the Manufacturer (or WarrantyWise as applicable) without reasonable delay after discovering any defect.
4.3 The terms of any warranty will be invalidated if the Vehicle or any part thereof have been subject to misuse, negligence, accident or use for racing or similar sports or if the Vehicle has been used for a purpose for which it was not designed.
5. Limits of liability
5.1 The Vehicle is sold strictly on the condition that the Customer has inspected the Vehicle and has satisfied themselves as to its suitability and quality.
5.2 EVE’s total liability for the aggregate claims of the Customer arising out of a single act or default of EVE or any representative of EVE (whether due to EVE’s negligence or otherwise) shall not exceed the Purchase Price for the Vehicle.
6. Part exchange vehicle(s)
6.1 Where EVE agrees to a Part Exchange Allowance, in consideration of such allowance the following terms apply:
a) EVE accepts the Part Exchange Vehicle in reliance on the warranties given by the Customer as to its age, mileage and condition; and
b) the Part Exchange Vehicle is the absolute property of the Customer and is free from all encumbrances or is subject to an encumbrance capable of cash settlement by EVE, evidenced by a relevant, timely Settlement Letter provided by the Customer, in which case the Part Exchange Allowance shall be reduced by the amount required to be paid by EVE in settlement of the encumbrance.
6.2 Where EVE has examined the Part Exchange Vehicle prior to delivery of the Vehicle, it shall be delivered to EVE in the same condition as at the date of such examination (fair wear and tear excepted) and with no more than 500 miles from that shown on the odometer on the examination date.
6.3 The Part Exchange Vehicle shall be delivered to EVE on or before the due date together with keys, registration documents, service records, warranty documentation and where applicable: locking wheel nut, parcelshelf, cables, and all other relevant documentation. Ownership of the Part Exchange Vehicle shall pass absolutely to EVE.
6.4 In the event of non-fulfilment of the conditions of this clause 6, EVE shall be either discharged from any obligations to accept the Part Exchange Vehicle or to make the Part Exchange Allowance or shall be entitled to revise the Part Exchange Allowance to take account of the non-fulfilment and the Customer shall discharge in cash the full Purchase Price or the revised balance for the Vehicle as set out in the revised Invoice.
6.5 In respect of Customer vehicles left in the custody of EVE or at one of its stores, including any Part Exchange Vehicle, EVE shall only be responsible for loss or damage to such vehicle or its contents when caused by the negligence of EVE or its employees.
7. Retention of title
7.1 Notwithstanding delivery of the Vehicle or any other provision of this contract, ownership of the Vehicle shall not pass to the Customer until the Purchase Price has been paid in full.
7.2 Until such time as ownership of the Vehicle passes to the Customer, the Customer shall keep the Vehicle properly stored, protected, insured and identified as the property of EVE. Further, EVE shall be entitled at any time to require the Customer to return the Vehicle and if the Customer fails to do so promptly, to enter upon any premises of the Customer or any third party where the Vehicle is stored, to repossess it.
7.3 Until the Customer owns the Vehicle the Customer shall not be entitled to sell it or use it as security for any indebtedness. If the Customer does so, all money owing by the Customer to EVE shall (without prejudice to any other right or remedy of EVE) immediately become due and payable by the Customer.
8. Data protection
8.1 EVE holds information collected during the sales and enquiry process as Data Controllers. EVE may contact the Customer by email, telephone, messaging service or letter to inform the Customer of products, information or services which may be of interest to the Customer. Full details of the information collected, how it is used, how long it is held and shared are set out in EVE’s privacy notice which can be found in the EVE website footer.
9. Claims and complaints
9.1 The Customer should contact EVE as soon as they become aware of any problem with the Vehicle either by email to info@evexperts.co.uk or by telephone on 01483 667744 or by letter to EV Experts, 27 High Street, Billingshurst, West Sussex RH14 9PL. The Vehicle should be returned by the Customer to one of EVE’s stores as soon as possible for inspection. If there is a safety concern or if the Vehicle is not driveable, EVE may arrange to collect the Vehicle or carry out an inspection offsite. EVE will acknowledge receipt of the Customer’s claim or complaint within ten working days.
9.2 Any notice that is given may be given in writing or by electronic mail. Notices in writing shall be posted to the last known address or place of business of the person to whom it is addressed and shall be deemed to have been received, in the case of electronic mail on the day of transmission, and in the case of notice by post, within two days of posting.
9.3 Where EVE agrees to offer a full refund but part of the Purchase Price for the Vehicle has been paid by way of a Part Exchange Vehicle then, subject to the Part Exchange Vehicle being available and in the condition supplied by the Customer, EVE will return it. If EVE is unable to return the Part Exchange Vehicle, the Part Exchange Allowance will be refunded to the Customer along with the Purchase Price, less any sums paid by EVE to settle any finance or other encumbrance affecting the Part Exchange Vehicle. If the amount paid to settle any finance or encumbrance exceeds the Part Exchange Allowance, the Customer shall reimburse EVE on demand and by return.
9.4 If the Customer is not satisfied with the handling of a claim and eight weeks since making the claim or complaint has passed, the matter may be referred:
a) when relating to a Vehicle, to the Motor Ombudsman (information line 0345 241 3008) at https://www.themotorombudsman.org/knowledge-base/how-to-complain-about-my-car or by letter to The Motor Ombudsman, 71 Great Peter Street, London, SW1P 2BN;
b) when relating to financial services, to the Financial Ombudsman on 0800 023 4 567 or 0300 123 9 123 or at www.financial-ombudsman.org.uk, or by email to complaint.info@financial-ombudsman.org.uk or by letter to the Financial Ombudsman Service, Exchange Tower, London E14 9SR.
9.5 In the event that a complaint is pursued unreasonably by the Customer, in all circumstances the Customer shall pay to EVE all reasonable costs, charges and expenses (including legal costs and fees) incurred by EVE in, or in contemplation of, court proceedings brought or threatened by the Customer.