1. Parties

1.1. Auto AXS Ltd ("Auto AXS","we"”us"or “our") operates www.autoaxs.co.uk (the “Site"). We are registered in England and Wales under company number 11846521 and have our registered office at 71-75 Shelton Street, London, WC2H 9JQ. Our VAT number is 329 3611 03.

1.2. You are the customer ("You" or “Your") who places an order on the Site.

2. Your Purchase Order

2.1. Your purchase details are specified in Your Purchase Order confirmed on the Site ("Your Order” or “Purchase Order") and will include the make, model, price, and delivery location for the car You are purchasing (the “Car" or the “Vehicle”).

2.2. Your Order will specify Your personal details as the recipient of the Car.

2.3. A contract is formed between You and us comprising Your Order and these terms and conditions ("Terms") when You complete an order on the Site and we accept Your Order (collectively, the “Contract") save in the event that You pay for Your Order using third-party finance introduced on the Site. If You enter into a third-party finance agreement to pay for Your Order, we will sell Your Car to the third-party finance provider – see section 5 below.

2.4. If we accep Your Order, we will send You an email confirmation of Your Order.

2.5. In the event of any conflict, inconsistency or ambiguity between Your Purchase Order and these Terms, Your Purchase Order will take precedence.

3. Your Car

3.1. Auto AXS will deliver the Car as specified in Your Order to the address and at the date given in Your Purchase Order.

3.2. Prior to delivery, the Car will have undergone a least a 150+ point mechanical and specification inspection as part of our preparation of the Car for sale. The Car will also have an MOT.

3.3. Subject to section 3.4 below, Auto AXS provides You with 90-day warranty and roadside assistance coverage for the Car free of charge through our third-party warranty partner. You will automatically be opted in for this 90-day warranty at the time of purchase, but You can cancel this benefit on our Site before You place Your Order. If You remain opted-in for this benefit, Your direct contractual relationship will be with our third-party warranty provider on their terms, save that we will cover the costs of the warranty.

3.4. You can choose to buy an extended warranty by contacting Auto AXS Customer Support by telephone on 020 3995 5691. To facilitate any extended warranty you might purchase, Auto AXS will carry out an inspection of Your Car before Delivery. We will then issue a suspended, inactive warranty for one year from Delivery. This doesn’t cover Your Car or cost You anything unless You choose to buy an extended warranty at a later date. If Your Car still benefits from a manufacturer’s warranty and that warranty expires within 12 months after Delivery, you can buy an extended warranty for the rest of that 12-month period from our third-party warranty provider by contacting Auto AXS Customer Support by telephone on 020 3995 5691. In each case, if you buy an extended warranty, your direct contractual relationship will be with our third-party warranty provider on their terms. You can opt out of the suspended, inactive warranty by contacting us at support@autoaxs.co.uk. You cannot buy an extended warranty if the suspended, inactive warranty or manufacturer’s warranty (as applicable) on Your Car has expired, if Your Car still benefits from a manufacturer’s warranty that lasts for 12 months or longer after Delivery, or if you opted out of the suspended, inactive warranty.

3.5. Auto AXS does not provide any manufacturer's guarantee for the Car. If and to the extent that a manufacturer's guarantee and / or roadside assistance programme endures from a previous period of ownership of the Car and You are entitled to receive the benefit of this, Auto AXS reserves the right to provide only the difference between the 90-day warranty / roadside assistance and that amount of coverage from which the Car will continue to benefit from the point of Delivery (as defined below).

3.6. The Car may previously have been used as a lease or rental Car or have had multiple users.It may also have been imported from another country. We will use reasonable endeavours to provide You with any additional information in our possession about the Car on Your request. However, if You have any questions about the previous use of the Car or have specific requirements You are advised to discuss these with us before placing Your Purchase Order.

3.7. The mileage on the Car may vary by a minor amount to that stated on the Site as a result of, for example, transport to our refurbishment facility and delivery to You.

3.8. References to "Leather" on the Site may not be genuine or 100% leather but rather partial leather or an artificial substitute.

3.9. The images of the Car on our Site are for illustrative purposes only. Although we make every effort to display the Car accurately, we do not guarantee that the images of the Car on the Site exactly reflect the actual appearance of the Car. In addition, although we make every effort to describe the colour of the Car accurately, You may consider that the colour description of the Car differs from the actual appearance of the Car. We do not guarantee that the colour of the Car exactly reflects the description. If You believe that the Car You purchased differs from the way it is depicted on our Site, You have the right to refuse to accept Delivery of the Car or return the Car and seek a refund in accordance with these Terms.

3.10. We check Your Car for manufacturer recall notices at the point Your Car arrives in our reconditioning centre. To the extent any recall notices are identified at that time we will endeavor to resolve the recall issue with the manufacturer. After this point we do not make any further recall checks.

3.11. We do not give or make any representation, warranty or undertaking that Your Car will not be subject to a manufacturer's recall notice at the point of sale or at anytime in the future.

4. The Process

4.1. The customer will initiate the sourcing process by submitting a sourcing request form via the Auto AXS Ltd website, although Auto AXS may also accept verbal instructions by phone or in person at their discretion.

4.2. The sourcing request form will require the following customer information to be provided;

4.2.1. Full name, address and contact details;

4.2.2. Details of the vehicle required, either by exact make and model or by the purpose intended for the vehicle;

4.2.3. The desired price range, age and mileage of the vehicle; 4.2.4. Any specific additional requirements;

4.2.5. Whether Finance is required;

4.2.6. Details of any part exchange vehicle.

4.3. On receipt of the sourcing request, a dedicated Auto AXS Customer account manager will contact You to confirm the exact vehicle specification required and to obtain more information regarding the Part Exchange, if applicable.

4.4. The specification agreed between You and Auto AXS in this communication will form the basis of the search and will supersede the requirements listed on the initial sourcing request, however a revised Vehicle Sourcing Form incorporating any variations and or additional items will be issued to the Customer’s personal account via the Auto AXS website, which will supersede the initial vehicle requirements specified by the customer.

4.5. Only upon receipt of a minimum 10% (ten percent) initial deposit against the agreed value of the customer specified vehicle (excluding the 3.7% sourcing fee) will Auto AXS Ltd commence a search for prospective vehicles that meet the agreed specification and will remain in regular communication with Customers to discuss the progress of their search.

4.6. In the event that changes to the agreed specification are required at any time during the search, this will be agreed between the dedicated Auto AXS Customer Account Manager and the Customer before being enacted.

4.7. When Auto AXS have identified vehicles that meet Your requirements and have carried out initial background checks to verify the Car’s provenance, Auto AXS will contact You regarding the Vehicle that is most suitable for the agreed specification.

4.8. Should the Vehicle be rejected by You, Auto AXS will discuss the reasons for rejection with You and whether additional changes to the agreed specification are required. Auto AXS will then recommence the search process to find an alternative vehicle. In the event that You change the agreed Specification, We will notify You of any commercial implications irrespective of an increase or decrease in value of the newly specified vehicle.

4.9. When the Customer has agreed that a vehicle meets their criteria, Auto AXS will arrange for any additional checks to be carried out at their sole discretion.

4.10. Once Auto AXS Ltd have completed the Vehicle checks to their satisfaction, the dedicated Auto AXS Customer Account Manager will request confirmation from the Customer that they are happy to proceed with the purchase of the Vehicle. On receipt of this confirmation, Auto AXS will request full payment from You to secure the procurement of the Vehicle.

4.11. On receipt of the cleared funds, Auto AXS will complete the purchase of the Vehicle and arrange for preparation of the Vehicle for handover. We will request a specified date from You in order to schedule delivery of Your Purchase Order.

4.12. We will not place a deposit or complete the purchase of a vehicle until confirmation of your cleared funds have been received.

4.13. Auto AXS reserves the right to decline or provide their services to any customer at their sole discretion.

5. Auto AXS Vehicle Procurement Mandate

5.1. Auto AXS will:

5.1.1. Undertake reasonable inspections to check that the main components and functions are tested as operating within expected parameters consistent with vehicles’ age and mileage;

5.1.2. Undertake reasonable checks to verify the mileage, service history and MOT history;

5.1.3. Provide customers with a report from a reputable independent body verifying that the vehicle has not been previously recorded as stolen or classified as an insurance write-off, and confirming that it is free from any outstanding finance;

5.1.4. Ensure that all vehicles have a minimum of three months MOT from the date of purchase;

5.1.5. Ensure that all vehicles have a maximum of six months from the date of purchase until the next service is due;

5.1.6. Provide a parts and labour warranty to cover component failure for a minimum period of three months from the date of purchase at no additional cost. It is possible for the warranty to be extended by the customer for a discounted rate at time of purchase (available to UK customers only);

5.1.7. Prepare Vehicles to a high standard with no major marks or blemishes present to the exterior and interior, except for normal wear and tear in relation to the age and mileage of the vehicle.

6. Finance Agreement

6.1. You may be eligible to pay for Your Car on finance through our third-party finance providers.

6.2. Auto AXS acts as a credit broker and an intermediary for general insurance products but not as a lender.

6.3. Auto AXS is a certified member of the Information Commissioner’s Office (Reference number: ZA777457) (the ICO) and is authorised and regulated by the Financial Conduct Authority (the FCA) and whose registration number is 845711.

6.4. If You choose to apply for finance for Your Car You can do so on the Site. Approval for Your finance ordinarily takes several minutes but it may take longer. Please note that APRs provided on the Site are representative only.

6.5. Once You complete Your application, we will share Your personal information (including financial information) with another broker, Caerus Capital Limited, who are authorised and regulated by the Financial Conduct Authority with firm reference number 802631under their specific terms.

6.6. If You enter into a finance agreement through the Site, You undertake to register as the keeper/owner of the Car as soon as possible following Delivery (as applicable).

6.7. Caerus Capital Limited will introduce You to a finance party whose terms will be provided when You e-sign Your finance documents.

6.8. If You are using third-party finance through the Site, to ensure delivery of Your Car can take place, You will need to e-sign Your finance documents after You have paid Your deposit but at least 48 hours before taking delivery of Your Car.

6.9. If You finance Your Car from a third-party finance provider, You must understand that:

6.9.1. we will no longer sell Your Car to You. We will sell it to the finance provider who will supply it to You on the terms of the finance agreement. The finance provider will own it until You get title to it under the terms of the finance agreement;

6.9.2. Section 12 explains Your right of withdrawal;

6.9.3. notwithstanding that we are no longer selling You the Car we undertake to You that we shall remain bound to You by the following sections of these Terms and Conditions (save as expressly amended for third-party finance agreements): 3, 4, 6, 7, 8, 9, 11 and 12.

7. Payment Terms

7.1. Due to the nature of the service, speed is an essential part of being able to secure the right car. This means that requests for payment of either a Deposit or the remaining balance for the vehicle are payable on demand, as delays may result in the vehicle no longer being available.

7.2. When We requests a security deposit, Your Purchase Order will show the total value of the Vehicle and any additional items requested, less an allowance for Your Part Exchange, if applicable. We will notify You of the Sourcing Fee amount required to commence the Vehicle Sourcing Service, which will vary based on the value of the Vehicle.

7.3. Auto AXS will not reserve or complete the procurement of Your Order until cleared funds have been received from You.

7.4. Payments to Auto AXS can be made using a debit or credit card via the Auto AXS website, or by bank transfer, subject to the following terms;

7.5. Credit cards and business debit cards incur an additional charge of 3%;

7.6. American Express cards incur an additional charge of 4.5%;

7.7. Auto AXS Ltd does not accept cheques or bank drafts.

8. Part Exchange

8.1. If You wish to provide us with a car in full or partial consideration for the value of Your Car ("Part Exchange Car”) You must be the registered owner of the car and must elect to undertake the part exchange on the Site.

8.2. Customers that are using the Vehicle Sourcing Service and offering a vehicle in Part Exchange should indicate this in the Sourcing Request Form on the website.

8.3. We will provide You with an estimated valuation for Your Part Exchange Car. This is an indicative value only and will have been reached based on the information you provide on our Part Exchange online valuation tool. The final value offered for current car may vary if there are discrepancies in the description of a number of factors including age, mileage, specification, condition, provenance, accessories and/or completeness of documentation. The final Part Exchange value will be confirmed upon physical inspection of the Vehicle, accessories and associated documentation by an Auto AXS Ltd representative.

8.4. Where we include a Part Exchange as part of the transaction, the agreed value of the Your current car will be deducted from the total sale price of the sourced vehicle and You will remain liable for any outstanding balance.

8.5. You must provide us with any information regarding the Part Exchange Car which we may reasonably request.

8.6. If we agree to consider Your Part Exchange Car, we require that You make the Part Exchange Car available for our inspection on the Delivery or Collection of Your Car. We are not obliged to provide a part exchange option when selling the Car to You and our decision to examine and value a Part Exchange Car, including the valuation we give, is solely at our discretion.

8.7. If Your Part Exchange Car has outstanding finance, You must declare this to us when providing details of Your Part Exchange Car. You must provide accurate information about Your finance provider and the settlement figure.

8.8. To use Your Part Exchange Car with outstanding finance to contribute towards the purchase of Your Car:

8.8.1. You must have a settlement letter from Your finance provider that is valid for not less than 7 days after the date of Delivery or Collection of Your Car; and

8.8.2. the amount of the outstanding finance must not exceed our valuation of Your Part Exchange Car. If you don’t meet these conditions, we won’t be able to accept Your Part Exchange Car.

8.8.3. We don’t have existing relationships with all car finance providers. So, if Your Part Exchange Car has outstanding finance, we might need Your help contacting your finance provider to clear the outstanding finance on Your Part Exchange Car, both before and after you hand over Your Part Exchange Car to us. You agree to provide any information and assistance that we reasonably request to do this. If your finance provider refuses or otherwise fails to clear the outstanding finance on Your Part Exchange Car, we may require you to make an additional cash payment equal to the outstanding finance amount or to return Your Car to us. We will contact you if this happens.

8.9. For the avoidance of doubt we are entitled to amend any valuation for, or reject, a Part Exchange Car for any reason, including but not limited to circumstances where a Part Exchange car:

8.9.1. has changed condition since we provided the Part Exchange Car valuation or the condition of the Part Exchange Car does not match the description given by You; or

8.9.2. has a discrepancy in the recorded mileage or the legal registration or chassis number; or

8.9.3. has been in a major accident or is categorised as insurance category C or D, or has been subject to a total loss claim; or

8.9.4. any other issue is identified by an HPI check or equivalent car history check on the Part Exchange Car; or

8.9.5. is not Your property to dispose of or You do not have the right to sell it; or

8.9.6. is missing or has an incomplete V5 registration document or such documentation is not in Your name; or

8.9.7. still has a finance marker on it at the point of pickup or the amount of outstanding finance is different from the amount You Subscribed; or

8.9.8. is an imported vehicle (e.g. left-hand drive) or was not first registered in the UK; or

8.9.9. has been used for taxi, private hire, chauffeur or rental purposes, driving tuition or as a police vehicle or used by a local authority; or

8.9.10. does not have a valid MOT or is due for a service in the next 100 miles; or

8.9.11. has any mechanical or electrical fault (including or not limited to problems with steering, transmission, clutch, gearbox, suspension or brakes).

8.10. When handing over a Part Exchange Car to us You must provide:

8.10.1. all sets of keys to the Part Exchange Car;

8.10.2. the V5 registration documentation and, where available, any associated documentation (such as service books, service history, MOT certificates etc) for the Part Exchange Car without which we will not accept the Part Exchange Car; and

8.10.3. any extras that we will need such as the locking wheel nut for the alloy wheels and any security codes associated with the Part Exchange Car.

8.10.4. You permit Auto AXS to transfer from You to Auto AXS the “registered keeper” title in the V5 documentation for the Part Exchange Car.

8.11. In the event that at the time of collection, Your Part Exchange is found to be not as described or in the condition expressed, then within reason, We reserve the right to make reasonable amendments to the valuation and/or terminate the Part Exchange Agreement at Our sole discretion. In the event of a Part Exchange Agreement being terminated for this reason, You accept that You remain liable for the outstanding balance and that We may withhold Your Order until such balance has been paid in full. If You do not settle the outstanding balance within 14 days, We reserve the right to sell the Sourced Vehicle to settle the outstanding balance plus any reasonable costs associated with this sale. Any surplus monies, up to a maximum of the total amount You have already paid towards the Vehicle, will then be returned to the Customer as soon as is practicable;

8.12. Auto AXS Ltd reserves the right to decline or accept any vehicle in Part Exchange at their sole discretion.

9. Vehicle Collection and Delivery

9.1. A representative of Auto AXS Ltd will notify You of when Your Vehicle is expected to be ready for Handover.

9.2. You must schedule a date for the Vehicle to be delivered on Your online customer dashboard via the Auto AXS website. Delivery can be scheduled to take place between 09.00 and 19.00, Monday to Saturday. The charge for delivery is £120 plus VAT or £2.00 per mile plus VAT (as shown by Google

Maps), whichever is the greater.

9.3. We will only deliver Vehicles to destinations in the UK. Deliveries to Northern Ireland will be charged on an individual basis and a quote is available on request.

9.4. We usually require at least two working days’ notice to arrange delivery. You are responsible for arranging road fund licence (Road TAX) and insurance on the vehicle prior to delivery.

9.5. Your Car can only be delivered when all outstanding sums have been settled.

10. General

10.1.  Auto AXS Ltd reserves the right, at its sole discretion, to update, change or replace any part of these Terms and Conditions of Service by posting updates and changes to its website. It is the Customer’s responsibility to check the website periodically for changes. Your continued use of or access to our website or any Auto AXS Ltd services following the posting of any changes to these Terms and Conditions of Service constitutes acceptance of those changes.

10.2. In the event that any provision of these Terms and Conditions of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

11. Distance Sale - Your right to cancel

11.1. You have the right to cancel this contract within 7 days. The cancellation period will expire after 7 days from the day on which you, or a third party on your behalf, collect or take delivery of your vehicle.

11.2. To exercise the right to cancel, You must inform Us of Your decision to cancel this contract by a clear statement sent by post or email to our address. To meet the cancellation deadline, it is sufficient for You to send your clear statement or form confirming your exercise of the right to cancel before the cancellation period has expired.

12. Your Right of Withdrawal: where You have entered into a finance agreement to pay for the Car

 

12.1. You have entered into a finance agreement to pay for the Car You will be given a right to change Your mind and withdraw from the finance agreement under s66A of the Consumer Credit Act 1974 without giving any reason. The exact terms of the right to withdraw will be set out in the finance agreement itself. If You exercise the right, it will bring the finance agreement with the finance provider to an end. It does not automatically mean that You can pull out of buying the Vehicle but Auto AXS will allow You to exercise the 7-Day Money Back Guarantee on the terms set out in section 11.

12.2. If You wish to exercise the 7-Day Money Back Guarantee You must at the same time tell Your finance provider that You wish to withdraw from the finance agreement by calling them or writing to them on the contact details provided in the finance agreement.

12.3. You must then ensure that You follow the procedures set out for return of the Car within the cancelation deadline as set out in section 11 above. On pickup of the Car, Auto AXS will pay to the finance provider the amounts payable by You on Your withdrawal from the finance agreement (the “Finance Amount”).

12.4. If You fail to arrange for pickup of the Vehicle within the Cancellation Period You will not be able to benefit from the 7-Day Money Back Guarantee but You will remain liable to pay the finance provider the Finance Amount as explained in the finance agreement.

12.5. In addition to the 7-Day Money Back Guarantee set out above, we will extend to You the benefit of the cancellation rights under section 11 above that would be available to a cash paying customer. If You wish to exercise these rights You must do so within 14 days after Delivery. On Delivery of the Car we will repay to the finance provider the Finance Amount. However, as set out in section 11 above, we will charge You for picking up the Car and an amount to reflect any reduction in the value of the Car, for example, costs associated with mileage You have incurred on the Car and the costs to repair any damage that may have occurred during the period in which You were responsible for the Car. You must return the Car’s V5 log book to us on collection of the Car for us to repay the finance provider the Finance Amount.

12.6. You must take reasonable care of the Car while it is in Your possession. If the value of the Car is diminished as a result of Your use, we may recover such diminished value from You.

12.7. To exercise Your cancellation rights under this section 12, You must inform us of Your decision to cancel by 5pm on the 14th day after Delivery of Your Car was accepted by You. This must be done by telephone by calling our Customer Service on 020 3995 5691 or by requesting the Order Cancellation Form.

12.8. You will need to provide us with Your name, postal address, and where available, Your telephone number and email address.

12.9. Your cancellation will be effective from the point at which we pick up the Car.

12.10. We will aim to contact You within two days of receiving Your cancellation request, including to arrange pickup of Your Car. If You have not heard from us within this time, please contact Customer Support on 020 3995 5691 or support@autoaxs.co.uk. You will be charged £250 for the pickup of Your Car unless You qualify for the 7-Day Money Back Guarantee.11.11 If You will not be present at the address for pickup, You must Auto AXS Customer Service by telephone on 020 3995 5691 at least 24 hours prior to pickup to rearrange Your time at no additional cost.

12.11. If You need to rearrange pickup less than 24 hours prior to any scheduled pickup time, You will incur a further charge of £100.

12.12. Upon cancellation, the Car must:

12.12.1. be in the same condition You received it except for reasonable wear and tear or any mechanical problem that becomes evident after Delivery or Collection that was not caused by You;

12.12.2. be without damage or having been in an accident (otherwise we will be entitled to recover from You any loss in value of the Car as set out in sections 13.2 and 11.4 above); and

12.12.3. not have incurred more than 250 miles from the date of Delivery or Collection otherwise we will charge You an excess mileage charge of £1.00 per mile for each mile above the 20-mile limit.

12.12.4. You must promptly return the Car’s V5 log-book to us.

12.13. If You cancel this contract, we will reimburse to You payments received from you, including the cost of delivering the goods to you (except for the supplementary costs arising for a type of delivery other than the least expensive type of standard delivery offered by us). This reimbursement is subject to the following conditions:

12.13.1. We may make a deduction from the reimbursement for 10% of the sale value of the Vehicle as agreed at point of sale.

12.13.2. We make deduction from the reimbursement of the sale for any loss in value of the Car supplied if the loss is the result of unnecessary handling by you. Anything over and above a standard test drive will be considered unnecessary handling and will lead to a deduction of £1 for each mile driven over 20 miles. In addition, we will also be entitled to make a deduction for any damage or excess wear. 

12.13.3. We will make the reimbursement without undue delay, and not later than 7 days after the day we receive back from You the Vehicle and all documents which were supplied including, but not limited to, service histories and the V5 documentation.

12.13.4. We will make the reimbursement using the same means of payment as You used for the initial transaction, unless You have expressly agreed otherwise. In any event, You will not incur any fees as a result of the reimbursement. This may include handing back any Part Exchange Car if still available and/or seeking payment from You to cover any negative equity.

12.13.5. We will withhold the reimbursement until we have received the Car and all paperwork back in good order.

12.13.6. It is your responsibility to return the Car without undue delay and in any event not later than 7- days from the day on which You communicate Your Cancellation of this contract to Us.

12.13.7. You will remain liable for the Car and so for its tax, insurance, and any fines, charges or penalties until it has been accepted back to Our premises.

12.13.8. You will have to bear the direct cost of returning the Car and take full responsibility for its safe return to Us.

12.14. You are only liable for any diminished value of the goods resulting from the handling other than which is necessary to establish the nature, characteristics and functioning of the Car according to the previous reference to test drives. 

These Terms and Conditions of Service and any separate agreements where Auto AXS provides services shall be subject to the laws of England, Northern Ireland, Scotland and Wales.

Please send any queries regarding these Terms and Conditions of Sale to enquiries@autoaxs.co.uk