Terms and Conditions
Acceptance of Terms
Welcome to the terms and conditions for VanMonster.com (“Agreement”). By using the VanMonster.com (“VanMonster.com”, “we,” “us,” or “our”) website, www.vanmonster.com, and Service, you agree to abide by the Agreement and by our Privacy Policy. These are legally binding agreements between you and VanMonster.com.
Agreement for Sale
Subject to these terms and conditions (the “Terms”), Northgate Vehicle Sales (the “Seller”) shall sell and you (the “Customer”) shall purchase the vehicle(s) detailed in the Vehicle Order Form (the “Vehicle”).
Price & Payment
The price shall be as set out in the Vehicle Order Form (the “Price”), which includes, where appropriate, VAT which is charged at the rate ruling on the date of the Vehicle Order Form. Unless agreed in writing by the Seller, payment shall be made in advance of delivery or collection of the Vehicle.
If the Price has not been paid before the Vehicle is delivered, the Customer shall pay interest from the date of delivery until the date of payment at a rate of 8% per annum.
Rights of Set Off
In this clause the term Seller shall include not only Northgate Vehicle Sales Limited (which is a subsidiary of ZIGUP plc), but also ZIGUP plc and any other subsidiary of ZIGUP as defined by Section 1159 of the Companies Act 2006. The Seller shall have the right to set off against any amount due from them to the Customer, any sums which at the date of set off are due and owing to the Seller from the Customer.
Delivery
Unless otherwise agreed in writing by the Seller, the Customer is required to collect the Vehicle from the Seller’s trading premises. Where the Seller agrees in writing to deliver the Vehicle to the Customer, then delivery of the Vehicle shall be made to the agreed delivery address, and the Customer shall make all arrangements necessary to accept delivery of the Vehicle when it is tendered for delivery.
The Customer is responsible for ensuring that it has the necessary accessibility and access rights to ensure that delivery can be made to the agreed delivery address.
The Seller shall not be liable to the Customer for late delivery of the Vehicle or any failed deliveries.
Contactless £149 +VAT Delivery
This offer is available to any retail customer with a qualifying van purchase from Van Monster UK.
A qualifying van purchase is defined as a retail or trade value vehicle purchased from a Van Monster branch.
The delivery address must be the business or residential address for the named customer.
The £149+VAT delivery offer applies to mainland Britain only. It excludes the Isle of Man, Channel Islands, Northern Ireland, Highlands and Islands (and the following postcodes IV, HS, ZE, G8384, KW1-14, PA20-49, PA 60-78, PH17-50, KA27-28 FK19-21, AB41-56, KW1-1).
Please enquire for delivery pricing to areas listed above as being excluded from the £149 +VAT offer.
£149+VAT will be retained by Van Monster to cover the movement charges; unless the vehicle is substantially different to what has been advertised. This is defined in accordance with Van Monster’s Standard T&Cs.
The £149+VAT will be refunded should the vehicle be returned due to vehicle failure.
Van Monster reserve the right to withdraw the offer at any time.
The offer expressly excludes “trade” van purchases.
The purchase of the vehicle is subject to the normal Van Monster Standard T&Cs.
Delivery of the vehicle will be subject to the terms and conditions of the 3rd party delivery company, including any damage incurred during transport or delivery.
Acceptance and Cancellation
The Customer shall be deemed to have accepted the Vehicle immediately upon collection or delivery. If the Customer is not satisfied with the Vehicle (acting reasonably), then the Customer shall have the right, within the first 14 days from the date of delivery or collection (as applicable), to request a refund or replacement (subject to availability), provided the Vehicle has not been driven more than 500 miles and is returned to the nearest Van Monster branch in the same condition as it was delivered/collected without any damage or modification. Any use of the Vehicle beyond reasonable inspection will result in a deduction from the refund as decided by the Seller. This shall also apply when we (Van Monster) agree to a refund post 14 days for any reason. After the first 14 days from the date of delivery or collection (as applicable), the Customer shall not be entitled to reject the Vehicle even if it has not been supplied in accordance with these Terms.
The Customer acknowledges that the Vehicle is a used vehicle and accepts that fair wear and tear may be present. The Vehicle is sold as seen and the Customer confirms they have had the opportunity to inspect the Vehicle prior to purchase.
Distance Sales Regulations
As a PRIVATE RETAIL BUYER where a contract with us has been negotiated and concluded remotely it is subject to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 otherwise referred to as Distance Sales Regulations. Please note, this does not apply to Sole Traders, Partnerships, Limited Companies or any purchase made in connection with a business.
Right to Cancel
You have the right to cancel this contract within 14 days without giving any reason.
The cancellation period will expire 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (eg a letter sent by post, fax or e-mail). You can use a standard cancellation form that will be supplied prior to purchase, but it is not obligatory. To inform us of your decision to cancel use the email address shown on the cancellation form below or telephone on 01325 356667.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of Cancellation
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery.
You are only liable, and we may make a deduction from the reimbursement, for any loss in value of any goods supplied if the loss is as a result of any handling other than that which is necessary to establish the nature, characteristics and functioning of the goods.
We will make the reimbursement without undue delay and not later than 14 days after the day on which we are informed about your decision to cancel this contract, using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent the goods back, whichever is the earlier.
Use of the Vehicle Prior to Cancellation
You are entitled to use the vehicle you have purchased to determine its nature, characteristics and functioning. You must not use the vehicle after notifying us that you are cancelling the contract and you must keep it in good condition.
We are entitled to charge you if the value of the vehicle has reduced as a result of excessive use by you or any damage you caused to it. We may charge you:
• if it has been driven for more than 500 miles since you received it a fee equal to £1.00 for each mile driven in excess of 500 miles; and/or
• if the value of the vehicle has been reduced because it is not in the condition it was in when you received it, our reasonable costs to repair it.
Ancillary Contracts
Cancellation of the purchase will also cancel any ancillary contracts.
Fines, Penalties and Similar Payments
You will remain liable for any fines incurred, any accidents and or damage to the vehicle up to and until you physically return the vehicle to us.
Risk & Property
Risk of damage to or loss of the Vehicle shall pass to the Customer at the time when the Seller has tendered delivery of the Vehicle. Notwithstanding delivery and the passing of risk in the Vehicle, ownership of the Vehicle shall not pass to the Customer until the Seller has received in cash or cleared funds payment in full of the Price of the Vehicle and all other goods agreed to be sold by the Seller to the Customer for which payment is then due. Until such time as the ownership in the Vehicle passes to the Customer, the Seller shall be entitled at any time to require the Customer to deliver the Vehicle to the Seller and, if the Customer fails to do so forthwith, to enter upon any premises of the Customer or any third party where the Vehicle is stored and repossess the Vehicle.
Customer Remedies
Where the Customer rejects the Vehicle, the Customer shall have no further rights whatever in respect of the supply of the Vehicle or the failure by the Seller to supply a vehicle, which conforms to these Terms. Where the Customer accepts or is deemed to have accepted the Vehicle, the Seller shall have no liability to the Customer except as provided for in these Terms or any applicable law.
Warranties & Liability
Except where the Customer is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977 as amended by the Unfair Terms and Consumer Contracts Regulations 1999 Regulation 3(1)), all warranties, conditions or terms relating to fitness for purpose, description, merchantability or condition of the Vehicle, and whether implied by statute or common law or otherwise, are excluded to the fullest extent permitted by law.
No warranty service (including courtesy vehicles) will be provided, and the warranty will be voided, for any Vehicles being used (or that have been modified for use) in: motor racing, rallies, speed or endurance tests, or for hire or reward (including courtesy vehicles). If the Customer modifies the Vehicle in any way, then the warranty will be void unless otherwise agreed in writing by the Seller. Additional terms and conditions apply to the warranty which are provided by the Seller separately.
Disclaimer: Vehicles supplied by Van Monster may have a speed limiter fitted in-line with manufacturer guidelines. Van Monster will not guarantee that vehicles do not have a limiter fitted and will not remove or amend any aspect of a vehicle that would facilitate the end user to drive illegally. Users do so at their own discretion.
Limitation of Liability
The Seller’s total liability to the Customer in respect of all losses arising under or in connection with these Terms and the sale of the Vehicle shall not exceed 100% of the price that the Customer has paid for the Vehicle.
The Seller shall not be liable to the Customer for any loss of profit, loss of business, loss of goodwill, loss of anticipated savings, or any indirect or consequential loss or damage, whether arising in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable.
Nothing in this agreement shall limit or exclude either party’s liability for:
- death or personal injury caused by its negligence;
- fraud, or fraudulent misrepresentation; or
- any other liability which cannot, as a matter of law, be excluded.
Entire Agreement
These Terms apply to the sale of the Vehicle to the exclusion of all other terms, including any the Customer may purport to apply. Any order placed by the Customer shall be deemed an offer to purchase under these Terms. Any variation must be agreed in writing by the Seller.
Complaints
If the Customer has a complaint regarding the Vehicle or the service provided by the Seller, they should contact the Seller in the first instance. Details of the Seller’s complaints process and contact details can be located here:
https://www.vanmonster.com/en-gb/complaints
Force Majeure
The Seller shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from any cause beyond the Seller’s reasonable control, including but not limited to acts of God, war, terrorism, strikes, pandemics, or supply chain disruptions.
Finance
- You must be 18 or over to apply for finance.
- Guarantees / indemnities may be required.
- Finance is subject to status.
If you are funding via Northgate Vehicle Services Ltd trading as Van Monster, we will make an application for credit on your behalf to credit suppliers and this could affect your credit rating. Also any credit searches carried out on you could be seen by other organisations carrying out later searches.
Data Protection
The privacy and security of your personal information is important to us and we are committed to protecting it. We will collect certain personal data from you when you use our website (vanmonster.com or vanmonsterremarketing.com), when you make contact with us about any of our vehicles and services, when signing up as a customer, in order to change or cancel your products and services, and to provide customer support to you.
It is important you read our Northgate Vehicle Sales Ltd privacy notice carefully because it explains how we collect and process personal data about you and why we are using your data. Our Privacy Notice can be found at:
https://www.vanmonster.com/en-gb/privacy-policy
Part Exchange
Where the Customer offers a vehicle in part exchange, the Seller’s acceptance is conditional upon the Customer having good title to the part exchange vehicle, free from any encumbrances. The Seller may reject the part exchange vehicle if it is not as described or if any outstanding finance is not settled prior to or at the time of delivery.
No Reliance
The Customer acknowledges that they have not relied on any representation or warranty (whether oral or written) other than those expressly set out in these Terms. The Seller shall not be liable for any representation made by its employees or agents unless confirmed in writing.
Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Applicable Law
These Terms and the sale of the Vehicle shall be subject to the laws of England and Wales and parties agree to submit to the exclusive jurisdiction of the English Courts.
Website Conduct
You acknowledge and agree not to use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way; to send, use, reuse, disseminate or copy any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam"; to cause annoyance, inconvenience or needless anxiety. You understand and agree that you, and not VanMonster.com, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only. You acknowledge and agree not to use the website for fraudulent purposes, or in connection with a criminal offence or other unlawful activity.
Pricing Error
Whilst we try to ensure that all the prices on VanMonster.com's website and other websites we may use as marketing channels are accurate, errors may occur. If we discover an error in the price of the goods you have ordered we will inform you as soon as reasonably possible. You will then be given the option of re-confirming your order at the correct price or cancelling your order. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you by email.
Breakdown and Recovery
Breakdown and recovery is only valid in mainland UK.
Links
The VanMonster.com website contains links to third-party websites that are maintained by others. These links are provided solely as a convenience to you and not as an endorsement by the Company of the contents of such third-party websites. You acknowledge and agree that VanMonster.com under no circumstances is responsible for the content or accuracy of materials on such third-party websites. You further acknowledge and agree that VanMonster.com shall not be responsible or liable, directly or indirectly, for any damage, loss or injury caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. You should carefully review their terms and conditions and privacy statements and other conditions of use. If you decide to access linked third-party websites you do so at your own risk.
Advertising
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that VanMonster.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
Indemnity
You agree to indemnify and hold harmless VanMonster.com (including its officers, directors, employees, agents, subsidiaries, and affiliates) from any claim, suit, action, demand, loss, and damages, including without limitation reasonable legal, expert and accounting fees, costs, and expenses, made or incurred by any third party arising out of your breach of these Terms and Conditions or relating to your use of the service, your use of content accessed from the sites or service, your violation of these Terms and Conditions, and/or your violation of any law or the rights of a third party.
VanMonster.com will not be liable for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any corruption or loss of data, goodwill, wasted expenditure or reputation, business interruption, or any special, indirect or consequential damages even if VanMonster.com has been advised of the possibility of such damages (however arising, including negligence).
VanMonster.com does not limit in any way our liability by law for death or personal injury, pain and suffering or emotional distress caused from our negligence or breach of duty or caused by our gross negligence or wilful misconduct.
Intellectual Property Rights
You acknowledge and agree that the website and Service uses and contains proprietary and confidential technology and information owned and operated by or licensed to Northgate Vehicle Sales Ltd (of which VanMonster.com is a subsidiary), and protected by applicable intellectual property and other laws and international treaties.
All content and any portions of listings of this website is the exclusive property of VanMonster.com and is protected in accordance with English law and subject to the exclusive jurisdiction of the English Courts and international copyright, authors-rights and database right laws. You acknowledge and agree not to extract and/or re-utilise, reproduce, duplicate, redistribute, republish, copy, sell, resell, transmit, display, download, alter any portion of it, adapt, broadcast or transmit any text, images, graphics, logos, images, audio clips, digital downloads, data compilations or otherwise exploited for any commercial purpose any content or any portions listings, including product listings, descriptions, or prices of this website, source code or software. You acknowledge and agree not to utilise any data mining, or similar data gathering and extraction tools to extract (whether once or many times) for re‑utilisation of any parts of this website without the written consent of VanMonster.com.
VANMONSTER, and THE VANMONSTER LOGO and other marks indicated on our website are trademarks or registered trademarks of Northgate Vehicle Sales Ltd, in the United Kingdom, European Union and/or other jurisdictions. Without Northgate Vehicle Sales prior permission, you agree not to display or use in any manner the VanMonster.com trademarks.
If you believe that any content on or advertised for sale on the website contains a defamatory statement, please notify us immediately at enquiries@VanMonster.com. Once this procedure has been followed, VanMonster.com will make all reasonable endeavours to remove the defamatory content complained about within a reasonable time.
You acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Northgate Vehicle Sales or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
Governing Law and Jurisdiction
You acknowledge and agree that the Agreement and the relationship between you and VanMonster.com shall be governed in accordance with English law and subject to the exclusive jurisdiction of the English Courts without regard to its conflict of law principles. You agree to personal jurisdiction of the English Courts.
Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
