Honda Cars Vehicle Deposit Agreement

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1.  INTRODUCTION

1.1 We are Honda Motor Europe Limited ("Honda").  Our company number is 857969 and our registered office is at Cain Road, Bracknell, Berkshire RG12 1HL.  Our VAT number is GB711019584.

1.2 If you wish to place an order (“Order”) for a Honda vehicle and any accessories or other items shown in your Order ("Vehicle"), you will be required to pay a deposit as described in more detail below (“Deposit”). 

1.3 These Terms and Conditions ("Terms") apply to any Order you may place for a Vehicle using our website and/or at the premises of an authorised Honda retailer ("Retailer") until the point where you conclude a Sales Contact with Honda as described in more detail below.

1.4 Please read these Terms carefully because they will form the basis of a legally binding contract between you and Honda in connection with the payment of your Deposit and your Order. By placing an Order with Honda and paying a Deposit for the Vehicle, you are confirming that you accept and agree to these Terms, our Website Terms of Use, and our Privacy Notice.

2. OVERVIEW OF THE VEHICLE ORDERING PROCESS

2.1 When you Order a Vehicle from Honda, you will have the following options:

2.1.1 you may purchase the Vehicle directly from Honda using a cash or card payment (“Cash Customer”).  If you choose this option, you will become the legal owner of the Vehicle once all required payments have been received by Honda in full and cleared funds; or

2.1.2 you may apply for a finance product with Honda Finance Europe Plc (“HFE”) (trading as Honda Financial Services) to support your purchase of the Vehicle (“Finance Customer”). If you choose this option, Honda will act as a credit broker (and not a lender), you will enter into a Finance Agreement with HFE, and legal ownership of the Vehicle will transfer to HFE when you take possession of the Vehicle (please see paragraph 6 for further details).

Where certain paragraphs within these Terms only apply to either a Finance Customer or a Cash Customer, this is made clear in the relevant paragraph heading or the paragraph itself.

2.2 To purchase a Vehicle from Honda there are certain steps that you must complete. These steps can be completed using our website, at a Retailer, or by using a combination of these options. The steps you must complete are as follows:

2.2.1 you must create a Honda account or login to your existing Honda account if you already have one;

2.2.2 you must conclude a Deposit Agreement with Honda using our website or by visiting the premises of a Retailer (as described in paragraph 3 below);

2.2.3 you must conclude a Sales Contract with Honda using the Honda website or by visiting the premises of a Retailer (as described in paragraph 4 below); 

2.2.4 if you are a Finance Customer, you will need to have successfully applied for the required finance product (as described in more detail in paragraph 6); and

2.2.5 you must complete any further paperwork, provide any further information, and perform any further actions that are required under your Deposit Agreement, Sales Contract and Finance Agreement (if applicable) or that may be reasonably requested by Honda, the Retailer or HFE (if applicable) prior to Vehicle handover. 

3. CONCLUDING A DEPOSIT AGREEMENT WITH HONDA 

3.1 In order to place an Order for a Vehicle you will need to complete all of the required steps that are set out on our website or explained to you by a Retailer.  These steps include: 

3.1.1 configuring the Vehicle you want to Order;

3.1.2 logging into your Honda account and selecting any required finance options and, if necessary, gaining an estimated valuation of any vehicle you wish to sell or part exchange as part of your Order;

3.1.3 confirming your agreement to these Terms and paying the required Deposit for the Vehicle.

3.2 Your Order will only become effective once Honda has received your Deposit and confirmed your Order in writing by sending you a confirmation email which contains your Order ID number ("Deposit Confirmation Email"). 

3.3 Once you receive your Deposit Confirmation Email a legally binding contract between you and Honda relating to the payment of your Deposit and your Order shall be formed ("Deposit Agreement").  Your Deposit Agreement shall be made up of your Order, these Terms, and the Deposit Confirmation Email.

3.4 Please note that your Deposit Agreement does not constitute a legally binding obligation on Honda to supply the Vehicle to you. Instead, your Deposit Agreement is a pre-cursor to you concluding a Sales Contract (as described in paragraph 4) under which you agree to purchase, and Honda agrees to supply, the Vehicle in accordance with the terms and conditions of that Sales Contract.

4. CONCLUDING A SALES CONTRACT WITH HONDA

4.1 Once you have concluded a Deposit Agreement with Honda (as described in paragraph 3) you will be:

4.1.1 sent a receipt confirming payment of your Deposit;

4.1.2 sent a copy of your Order asking you to confirm the specification of the Vehicle and other details relating to your Order are correct; and

4.1.3 asked to enter into a legally binding contract under which you agree to purchase, and Honda agrees to supply, the Vehicle ("Sales Contract") which can be concluded online or at the premises of a Retailer.

4.2 In order to conclude a Sales Contract online, you must: 

4.2.1 provide details of your Deposit Agreement and any additional information which Honda may reasonably request (including proof of identity);

4.2.2 confirm your acceptance of the terms and conditions of the Sales Contract by following the steps explained to you by Honda in order to electronically sign it.

4.3 In order to conclude a Sales Contract at a Retailer, you must: 

4.3.1 provide details of your Deposit Agreement and any additional information which the Retailer may reasonably request (including proof of identity);

4.3.2 confirm your acceptance of the terms and conditions of the Sales Contract by following the steps explained to you by the Retailer in order to sign it.

4.4 Once you have provided the required information to Honda or the Retailer and signed your Sales Contract (as described in paragraphs 4.2 or 4.3), Honda will send you an email confirming that your Sales Contract has been completed (“Order Confirmation Email”).

4.5 When you receive your Order Confirmation Email:

4.5.1 a legally binding Sales Contract between you and Honda relating to the purchase and supply of the Vehicle as set out in your Order shall be formed; and

4.5.2 your Deposit Agreement shall automatically terminate, and your Deposit shall be applied towards the total price of the Vehicle and held in accordance with the terms and conditions of your Sales Contract.

4.6 After you have placed your Order:

4.6.1 Honda may provide an estimated delivery date for the Vehicle (which represents the earliest date that delivery of the Vehicle could take place). Following notification of the estimated delivery date, you will be entitled to request a later estimated date for delivery which shall be subject to Honda’s written approval. Honda will not be liable for any losses, costs or other amounts caused by a delay in delivery arising out of any circumstances beyond Honda’s control. 

4.6.2 Honda or the Retailer will contact you to confirm that the specification of the Vehicle and contents of your Order are complete and accurate (as described in paragraph 4.1.2).  If you fail to promptly provide your confirmation to Honda, it will delay the production and delivery of the Vehicle.

5. PAYMENT OF THE DEPOSIT

5.1 All prices and other amounts displayed on our website and set out in your Deposit Confirmation Email are in pounds sterling (£)(GBP) and include VAT at the applicable rate.

5.2 You can pay your Deposit and any other amounts to Honda using a bank transfer, debit or credit card that is accepted by Honda’s third-party payment service provider (“Payment Processor”). Where you pay all or part of your Deposit and any other amounts to Honda using a bank transfer, debit or credit card, you will be directed to a website which is operated by the Payment Processor.  Please follow the instructions provided by Honda’s Payment Processor in order to make your payment(s).  In addition to these Terms, any payment(s) made using the Payment Processor’s services will be subject to the terms of use and privacy policy of the Payment Processor which are is available here. Please read these terms of use and privacy policy carefully before making your payment(s).

5.3 Unless there is any negligence on Honda’s part, any failure by Honda to comply with these Terms or its Privacy Notice or a breach by Honda of its duties under applicable laws, Honda will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give Honda, the Retailer or the Payment Processor in connection with the payment of your Deposit.

5.4 Please note that your Deposit will be held separately by Honda and applied towards the total price of the Vehicle. It will not accrue any interest.

6. FINANCE AGREEMENT (FINANCE CUSTOMERS ONLY)

6.1 Certain finance products can be used to purchase a Vehicle and these finance products are offered by a third-party provider, HFE. Further details about the finance products that may be available to you can be found on Honda’s website and/or obtained from a Retailer.

6.2 In order to use a finance product from HFE to pay for the Vehicle, you will need to complete an application process to verify your identity and HFE will conduct a credit assessment to assess your suitability for the finance product you have chosen.

6.3 If your application is successful, HFE will provide you with the relevant contractual documentation (“Finance Agreement”) which you will need to sign prior to collection of the Vehicle, together with any other documents reasonably required by Honda, the Retailer or HFE. This will be in addition to your Sales Contract and Deposit Agreement. If your application is unsuccessful, you may cancel your Order and terminate your Deposit Agreement in accordance with paragraph 8.3 and your Deposit will be refunded.

6.4 HFE reserves the right to re-perform credit, sanctions and related checks which are associated with your application for the finance product every 90 days and/or where your circumstances change, for instance your place of residence changes. If a previously accepted application is subsequently refused by HFE following the re-performance of such checks, you will be required to find alternative means to pay for the Vehicle prior to collection of the Vehicle. If you are unable to do so, you can cancel the Sales Contract and your Deposit will be refunded, provided that you have not collected the Vehicle.

6.5 The total amount payable by you in connection with your Order will be set out in your Finance Agreement. Your monthly direct debit payments will be set up and agreed when you have signed your Finance Agreement and paid any further deposits due under your Finance Agreement.

7. PART EXCHANGE

7.1 When purchasing a Vehicle you may wish to sell your existing vehicle (“Existing Vehicle”) to a Retailer.  If you choose to sell your Existing Vehicle to a Retailer, then you can select to:

7.1.1 apply some or all of the total amount paid by the Retailer for your Existing Vehicle less any sums owed to third parties and other deductions and costs (“Net Sale Proceeds”) towards the Total Price of the Vehicle (if you are a Cash Customer) or the deposit required by HFE under your Finance Agreement (if you are a Finance Customer); or

7.1.2 receive some or all of the Net Sale Proceeds into your bank account by way of a bank transfer from the Retailer.

7.2 The sale and purchase of an Existing Vehicle is handled by the Retailer, and you may be required to enter into a separate contract with the Retailer regarding the sale and purchase which will be subject to their terms and conditions. Honda and HFE are in no way responsible or liable to you or any third party in connection with the sale or purchase of an Existing Vehicle.  

7.3 You may use the valuation tool on Honda’s website or at a Retailer which will give an indicative value of your Existing Vehicle. All valuations are provided by British Car Auctions Limited (“BCA”) and use of this valuation service is at all times subject to BCA’s Terms of Use for ucheck and ConsumerPro.  By using the valuation service you accept and agree to BCA’s Terms of Use and the following conditions:

7.3.1 Honda is under no circumstances responsible for any valuation that you may receive and there is no guarantee that you will subsequently be able to sell or part exchange your Existing Vehicle;

7.3.2 each valuation is an estimate provided for guidance purposes only and a full appraisal of your Existing Vehicle will be undertaken by the Retailer and, where necessary, by BCA where factors such as age, condition, number of previous owners, mileage and servicing history may have an impact on the ultimate valuation you receive for your Existing Vehicle;

7.3.3 all responses to any questions raised regarding your Existing Vehicle shall be accurate (where they state facts), made with genuine belief (where they state opinions), and comply with any applicable laws;

7.3.4 valuation figures do not include any outstanding finance settlements and other reasonable deductions which may need to be applied prior to sale or part exchange in order to finalise the total amount of Net Sale Proceeds; and

7.3.5 each valuation will expire after 30 days from the date it was issued.

7.4 You will be required to:

7.4.1 provide certain information and paperwork relating to your Existing Vehicle to the Retailer (including confirmation relating to any outstanding finance on your Existing Vehicle); and

7.4.2 ensure that the condition, status and other characteristics of your Existing Vehicle have not materially changed since you obtained your valuation or confirmation of the Net Sale Proceeds.

7.5 Where you fail to provide such information and paperwork or where the condition, status or other characteristics of your Existing Vehicle are not as previously represented (for example because the Existing Vehicle has become damaged), this may result in the Net Sale Proceeds being reduced. In such cases, the Retailer, Honda or HFE shall be entitled to request further sums from you to cover all of the amounts payable in connection with your Order.  

7.6 Please refer to your contract with the Retailer which covers the sale and purchase of your Existing Vehicle for further information.

8. TERMINATION OF YOUR DEPOSIT AGREEMENT

8.1 Placing your Deposit does not guarantee you a Vehicle and the appearance, specification and/or other characteristics of the Vehicle may be subject to change at any time before or after you have paid your Deposit.

8.2 If you have paid a Deposit and do not conclude a Sales Contract for the Vehicle online or at a Retailer within 90 days, including where you have not been successful in securing a Finance Agreement, Honda reserves the right to cancel your Order and terminate your Deposit Agreement.  In such cases, Honda will use reasonable efforts to return your Deposit to you within 5 business days.  For the purposes of this paragraph 8.2, business days are days that the banks are open for normal trading in London, England.

8.3 In addition, until you enter into a Sales Contract you or Honda may cancel your Order and terminate your Deposit Agreement at any time by:

8.3.1 in the case of you, logging into your Honda Account and following the instructions provided or by providing written notice to Honda in accordance with paragraph 12 below; or

8.3.2 in the case of Honda, providing you with written notice by email.

9. LIABILITY

9.1 Except for any legal responsibility that Honda cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, Honda is not legally responsible for any:

9.1.1 losses that were not foreseeable to you and Honda when your Deposit Agreement was formed;

9.1.2 losses that were not caused by any breach by Honda of these Terms and/or your Deposit Agreement;

9.1.3 business losses; or

9.1.4 losses to non-consumers.

9.2 Honda’s total liability to you under your Deposit Agreement (whether due to Honda’s negligence, breach of contract, or otherwise) shall not exceed the amount of the Deposit.

9.3 Nothing in these Terms affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.

10. OTHER APPLICABLE TERMS

10.1 Honda is not liable to you if it fails to comply with these Terms because of circumstances beyond its reasonable control.

10.2 Your Deposit Agreement is not transferable or assignable to another person or party without the prior written consent of Honda (which can be withheld in Honda's absolute discretion). 

10.3 No one other than a party to this Deposit Agreement has any right to enforce any term of this Deposit Agreement.

11. GOVERNING LAW AND DISPUTE RESOLUTION

11.1 The laws of England and Wales apply to these Terms and/or your Deposit Agreement, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country. 

11.2 In the event of a complaint or dispute of any kind, please contact Honda by using the details set out in paragraph 12 or on our website.

11.3 Where you have contacted Honda, but Honda has been unable to resolve your complaint or dispute, you may refer the complaint or dispute to the following alternative dispute resolution (“ADR”) processes:

11.3.1 where your complaint does not relate to a finance product or service, The Motor Ombudsman. For details of this service you can visit their website at www.themotorombudsman.org; and

11.3.2 where your complaint relates to a finance product or service, the Financial Ombudsman Service. This service is free to use. Their consumer helpline is available on 0800 023 4 567 or 0300 123 9 123 or you can visit their website at www.financial-ombudsman.org.uk, email them at complaint.info@financial-ombudsman.org.uk or write to the Financial Ombudsman Service, Exchange Tower, London E14 9SR.

11.4 In addition to any ADR processes you or Honda may wish to follow, any disputes concerning these Terms and/or your Deposit Agreement will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK in which you live.

12. CONTACTING HONDA

12.1 If you have any questions or would like to contact Honda in relation to your Deposit Agreement or Vehicle, please contact Honda:

12.1.1 via post to Honda Sales Centre, Honda Motor Europe Limited, Cain Road, Bracknell, Berkshire, RG12 1HL;

12.1.2 via telephone on 0345 200 8000; or

12.1.3 via email on Honda.Digital.Support@honda-eu.com.

13. CONTACTING HFE (FINANCE CUSTOMERS ONLY) 

13.1 If you have any questions or would like to contact HFE in relation to your Finance Agreement, please contact them:

13.1.1 via post to Customer Services Department, Honda Finance Europe Plc, Cain Road, Bracknell, RG12 1HL;

13.1.2 via telephone on 0345 128 8908; 

13.1.3 via email on hfe.customerservice@honda-eu.com.