Terms & Conditions

Car
Purchase

1. These terms
   1. What these terms cover. These are the terms on which Lotus will supply the car (“Car”) to you, the purchaser, when you submit an order online on our website www.lotuscars.com. These terms apply to UK sales only and do not apply to any orders you may place with Lotus in person.
   2. Website terms and conditions. Please note that these terms are not the same as the terms and conditions which apply to your use of Lotus’ website. The terms which apply to your use of Lotus’ website can be reviewed at https://www.lotuscars.com/en-GB/terms-conditions/.
   3. These terms may change. These terms may change over time (with or without notice to you) so please make sure you read them carefully before submitting an order through our website. Any changes to these terms will be binding on you where you continue to order from Lotus.
   4. Consumer or business. Please note that some of the terms below (where specified) only apply to you if you are a consumer (an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession, “Consumer”) and other terms only apply to you if you are a business customer.
2. Information about Lotus and how to contact us
   1. Who Lotus is. We are Lotus Technology Innovative Limited a company registered in England and Wales (“Lotus”, “Seller”, “we”, “us”, “our”). Our company registration number is 13337498 and our trading office is at 151 Wardour Street, London W1F 8WB. Our registered VAT number is GB 437067978.
   2. You can contact Lotus by telephoning our customer service team at +44(0) 330 0948047 or by writing to us at CustomerCare@LotusCars.com.
   3. How Lotus may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in the Order.
   4. “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
   5. Capitalised Terms. When we use a capitalised word (such as Order, Good or Agreement) that word shall have the meaning that is given to them in the clause the term is defined.
3. Lotus Financial Services
   1. Please note that these terms apply where you do not make use of a financial product made available by Lotus Financial Services (the trading name of FCA AUTOMOTIVE SERVICES UK LIMITED, incorporated and registered in England and Wales with company number 02739931 whose registered office is at 250 Bath Road, Slough, SL1 4DX (“LFS”).
   2. If you apply to finance the Order by making an application to LFS for one of the financial products made available by LFS and your application is accepted by LFS, you will form an agreement directly with LFS (“Finance Agreement”). Any Car purchased under a Finance Agreement will be supplied subject to the terms of that Finance Agreement. The terms of the Finance Agreement will take priority over the terms of the Agreement (as defined below).
   3. You can find out more about LFS and the available financial products by emailing them at contact@lotusfs.co.uk . Finance rates or terms published are provided by LFS. We are not responsible for any changes to these rates or terms.
   4. 3.4. Lotus Technology Innovative Limited is an Introducer Appointed Representative of CA Auto Finance UK Ltd, FRN 994842
4. Order
   1. The Car. All Cars that we offer are available on our website, subject to the prices listed and availability at the time of ordering. Images of cars shown are for illustration only and images may differ slightly from the Car actually delivered.
   2. Order. You may place an order with us to buy Cars together with any options and other products and services available to you at the checkout on our website (“Order”). If there is any inconsistency between the Order and these terms, then these terms will take priority.
   3. How Lotus will accept your Order. Our acceptance of your Order will take place when we email you confirming our acceptance of your Order, at which point a contract will be made between you and us (“Agreement”). The Agreement will consist of the Order and these terms.
   4. If we are unable to accept your Order, we will inform you of this and will not charge you for the Car and you will be refunded any money that you have paid to date. Some examples of reasons why we may not accept your Order include:
      1. it may not be possible to manufacture the Car with the options you have chosen;
      2. there is an error in the price or description of the Car;
      3. we have discontinued the Car after the time that you placed the Order;
      4. there is a change in either your financial circumstances, or information is disclosed about your financial circumstances which in our opinion negatively affects your ability to pay or our ability to do business with you;
      5. you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
      6. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Car;
      7. you do not, within a reasonable time, allow us to deliver the Car to you or you do not collect the Car from us;
      8. we have evidence which in our sole opinion leads us to believe that you will immediately re-sell the Car for attempted commercial gain or that you may in any other way be acting in bad faith in making the Order.
         You should be aware that there may be reasons other than those reasons mentioned in section 4.4 above why we cannot accept or proceed with your Order.
   5. You must be resident in the United Kingdom to purchase a Car from us using our website.
5. Delivery and Collection
   1. We will confirm to you in the email confirmation under section 4.3 whether the Car is to be delivered to you (in accordance with section 5.2) or collected by you from our factory (in accordance with section 5.3).
   2. Where the email confirmation under section 4.3 confirms that the Car is to be delivered to you (“Delivery”), unless otherwise agreed in writing:
      1. Lotus will deliver the Car to you at no additional delivery charge to you;
      2. Lotus will use commercially reasonable endeavours to ensure that the Car is delivered to you as soon as possible following acceptance of the Order by Lotus;
      3. Lotus will contact you and ask you to confirm your chosen delivery address (whether your chosen address in the United Kingdom or a specified Lotus Centre) (“Delivery Location”) and an acceptable delivery date and time (“Delivery Date”) approximately 2 weeks before the Car is ready for delivery;
      4. Lotus will endeavour to deliver the Car at the Delivery Location on or around the Delivery Date but you acknowledge that Lotus may experience delays that are outside of its reasonable control and therefore reserves the right to change this date upon providing as much notice as is reasonably practicable of such change to you;
      5. you may change the Delivery Date once at no cost to you by notifying Lotus by telephoning Lotus’ customer service team at +44(0) 330 0948047 at least 48 hours before the Delivery Date;
      6. if you wish to change the Delivery Date more than once and/or if you notify Lotus of a wish to change the Delivery Date less than 48 hours before the Delivery Date, Lotus may decide whether to permit such change and may, if Lotus agrees to change the Delivery Date, charge you an additional fee of £150 to change the Delivery Date;
      7. Lotus requires a safe place to park the Car (for example, a driveway or safe on-road parking) whilst delivery checks are completed with you and you will be responsible for ensuring that such safe place is made available for the duration of those delivery checks;
   3. Collection. Where the email confirmation under section 4.3 confirms that the Car is to be collected (“Collection”) by you following a visit by you to Lotus’ factory at Hethel, Norwich  (“Factory”), unless otherwise agreed in writing:
      1. you will have been notified of the cost of Collection ("Collection Fee”) at the time that the Order was placed (“Collection Date”);
      2. subject to section 5.3.3, you will visit the Factory at the date and time specified in the email confirmation under section 4.3 and will collect the Car during such visit to the Factory;
      3. you may change the Collection Date once at no cost to you by notifying Lotus by telephoning Lotus’ customer service team at +44(0) 330 0948047 at least 5 working days before the Collection Date; and
      4. if you are unable to collect the Car on the Collection Date and have already changed the Collection Date and/or you do not provide 5 working days’ notice of such inability to collect the Car, Lotus shall be entitled to cancel the Collection and retain the Collection Fee, and you will need to request and pay the Collection Fee for a new Collection Date.
   4. Identification. In each case, whether the Car is to be delivered to or collected by you, you will be required to be present in person at the time of Delivery or Collection to prove your identity with adequate identification showing your photograph, inspect the Car, confirm that you are satisfied with the condition of the Car and validly complete acceptance of the Car. Lotus will not make the Car available to you unless these requirements have been satisfied.
      1. You are responsible for ensuring that you are able to prove your identity by presenting the correct original identification documents on request. The easiest way to prove your identity and address is with a valid driving licence or passport showing your current residential address. If the address on your driving licence or passport (as applicable) is different to your current residential address, you must also provide us with either a utility bill or bank statement addressed to your current residential address and which is dated in the three months prior to Delivery or Collection.
      2. You (meaning the person buying the Car) must be present at Delivery or Collection as no other person will be given possession of the Car on your behalf.
   5. Failure to take the Car. You agree to take delivery of or collect the Car within 14 days of the Delivery Date or Collection Date (as appropriate) or such other date as notified to you by Lotus from time to time. Lotus may at its discretion agree to delay delivery or Collection of the Car in excess of this 14 day period following a written request from you provided that you have paid all sums due to Lotus together with current additional reasonable storage and insurance fees to reflect Lotus’ cost of storing the Car as notified to you.
6. Payment
   1. The total price for the Car is the price stated at the checkout at the time you place your Order, including any additional options and products (“Purchase Price”). The price stated includes Value Added Tax (“VAT”) and where relevant Insurance Premium Tax (“IPT”).
   2. You shall pay the Purchase Price in accordance with the provisions of these terms.
   3. The Purchase Price will be payable when we confirm that we have accepted your Order.
   4. The following terms shall apply to each Order:
      1. if after the date of the Order but before the Car is Collected or Delivered, where Lotus’ price of the Car increases, we may increase the Purchase Price payable by you for the Car. We shall however first give you notice of the price increase and you may either accept the price increase and pay the additional sum or decline to pay the additional sum. If you decline to pay the additional sum, Lotus may cancel the Order;
      2. Lotus may cancel the Order if we cease to manufacture the Car; and
      3. Lotus may provide the Car with minor alterations to the specification seen in any sample or advertisement. If Lotus is unable to supply any option or accessory, we may either substitute a reasonable equivalent or delete the option or accessory from the Order. Lotus shall provide notice of any changes to the agreed specification of the Order. If you do not accept the proposed specification changes you shall be entitled to cancel the Order.  If any option or accessory is deleted the Purchase Price shall be adjusted by the price of that option or accessory.
   5. If you have chosen to pay for the Car using a Finance Agreement, your payment obligations will be those set out in that Finance Agreement.
   6. We use a third-party payment provider called Stripe to process payments on our website. The processing of these payments will be governed by Stripe’s terms and conditions. The payment methods that can be used and Stripe’s terms and conditions can be seen at https://stripe.com/gb/legal/ssa. The terms of Stripe’s terms and conditions will take priority over the terms of the Agreement (as defined below).
7. The Car
   1. The images of Cars on our website are illustrative. The images of the Car Lotus has shown you are for illustrative purposes only. Although we have made every effort to display the Car accurately, your Car may vary slightly from those images. We highly recommend that you visit your nearest Lotus Centre so that you may view the Car in person.
   2. The Car will be delivered with a reasonable delivery mileage showing on the odometer which we will use reasonable endeavours to limit to 30 miles.
8. Ownership & Risk
   1. The Car shall belong to Lotus until (i) you have validly Collected or accepted Delivery of the Car and signed to confirm that you are satisfied with the condition of the Car; and (ii) you have paid, and we are in receipt of, the Purchase Price and any other money you owe to us (including any storage charges, interest and/or any additional costs that may be due and payable by you in accordance with these terms).
   2. The risk of the Car shall pass to you on the earlier of (a) when the Car is Delivered to you or someone on your behalf; (b) when the Car is Collected by you or someone on your behalf; or (c) 14 days from the Collection Date or Delivery Date where you have failed to Collect or take Delivery of the Car as agreed under these terms.
9. Warranty
   1. The Car will have the benefit of a 3 year warranty, under warranty terms to be provided to you separately, which will run from the date you either validly Collect or sign to accept Delivery of the Car.
   2. Extended warranties beyond the period set out in section 9.1, provided by a third party provider, are offered for sale on our website. Such extended warranties will be subject to that third party provider’s terms, which will be made available to you when you express an interest in purchasing an extended warranty.
   3. If you are not a Consumer, all implied statements, conditions or warranties as to the quality of the Car or its fitness for any purpose are excluded.
10. Part-Exchanging your existing car
    1. For the purposes of buying your Car we define a Part-Exchange as you selling a car that you currently own (an “existing car”) and applying the price paid for your existing car less any sums owed to third parties (“Net Sale Proceeds”) to the purchase of your Car.
    2. Part-Exchanges are handled by a third party called British Car Auctions Limited (“BCA”).  If you want to Part-Exchange your existing car you will be asked to form a separate contract with BCA which will be subject to their terms and conditions which can be found here.  
    3. You may use the  valuation tool on our website which will give an indicative value at which BCA may be willing to buy your existing car from you. Any valuation given is an estimate only and only valid for 30 days, and you will be required to obtain an updated valuation if the date of Delivery is more than 30 days from the date you obtained your valuation. You may assist BCA in providing a more accurate valuation by providing further information and photographs to BCA using BCA’s web application. Any valuation given will be subject to a later physical inspection of the existing car you are selling and BCA may adjust any offer they make to you following any later inspection, even where further information and photographs were provided to BCA using BCA’s web application.   
    4. Where you agree a price and sell your existing car to BCA the Net Sale Proceeds will be automatically shown in the checkout area of our website as a contribution towards the purchase price of your new Car.  If you want to change the sum you contribute to the purchase of your new Car from your Part-Exchange please contact us by telephoning our customer service team at +44(0) 330 0948047 or by writing to us at CustomerCare@LotusCars.com and we will make the required adjustments.
    5. You must accurately disclose at the time of requesting a Part-Exchange all sums that are owed to any other parties that relate to your existing car.  If your existing car is subject to a finance agreement, you must provide to us a final settlement letter detailing the final settlement figure payable, the expiry date of which must not extend further than 20 days beyond the Collection Date or Delivery Date of your Car. You agree that we may share any settlement details that you provide with BCA.  f it becomes apparent that: (i) you have not disclosed all sums that you owe third parties in relation to your existing car; (ii) that the valuation of your existing car is less than such sums that are owed to any third parties; and/or (iii) that you have not provided the final settlement letter as required above (where applicable), then there may be a delay to Collection or Delivery of your new Car or the cancellation of your Order.
    6. If there is any claim from a third party that any of the Net Sale Proceeds from the sale of your existing car should have been paid to them then we reserve the right to pay the sum demanded and reclaim it from you.  In such a scenario you are obligated to pay us the sum we have paid on your behalf and we reserve the right to claim that sum from you together with any reasonable costs and interest we incur in recovering the sum from you.
    7. Prior to the date of Delivery you must provide us with the registration document in respect of your existing car and you agree to us passing this information to BCA so that BCA can verify that you are the owner of the vehicle.
    8. Nothing in this clause 10 obligates you to sell your existing car to BCA in order to buy a new Car from us, the opportunity to sell your existing car to BCA does not affect your right to sell your existing car to any other buyer.
11. Your rights to end the contract if you are a Consumer
    This clause only applies to Consumers located in the United Kingdom and will not apply where the LFS has financed the Car.
    1. Your right to change your mind. Subject to the remainder of this section 11, if you are a consumer based in the UK or EU and you entered into the Agreement using methods of distance communications only (e.g. online or e-mail), you will have a legal right to change your mind within 14 days of the day after the Car comes into your physical possession (or if this day is a bank holiday, New Year’s Day, Easter Sunday, Christmas Day or Boxing Day, on the next day that is not included on this list).
    2. Customised or personalised products. You do not have a right to change your mind if the Car is customised, personalised, or bespoke to you (“Customised”). Whether the Car has been Customised or not will depend on the individual circumstances of your purchase, but please note that modifications may result in your Car being Customised. For more information about modifications, you can contact Lotus by telephoning our customer service team at +44(0) 330 0948047 or by writing to us at CustomerCare@LotusCars.com.
    3. How to tell us you’ve changed your mind. Please contact us using the contact details set out at the beginning of these terms. When writing to us, you are not required to but you may use the cancellation form available at here or set out below:
       
       Model cancellation form. To: To Lotus Technology Innovative Limited, 151 Wardour Street, London, W1F 8WB, England, Tel. +44 (0) 1953 608000, Email customercare@lotuscars.com . I/We [*] hereby give notice that I/We [*] cancel my/our contract of sale of the following goods [*] / for the supply of the following service [*], Ordered on [*] / received on [*], [Name of consumer(s)], [Address of consumer(s),] [Signature of consumer(s) (only if this form is notified on paper)], [Date] [*] Delete as appropriate
    4. Returning the Car. If you are eligible and you change your mind, and your purchase of the Car has not been financed by LFS, then you may either:
       (a) return your Car to your nearest Lotus Centre; or
       (b) call us on [NUMBER] to agree a date that we can collect the Car from your home address.
       Either option must be within 14 days after the day which you told us that you changed your mind. You shall be solely responsible for the costs of returning the Car to Lotus (including, where we collect the Car from your home address, our charges for collection, which we will advise you of when you contact us to discuss collection).
    5. Deductions from refunds if you are exercising your right to change your mind. We will refund you all payments received pursuant to the terms of the Agreement but may make deductions as described below:
       1. where the Car has been damaged due to your handling of the Car in such a way that goes further than is necessary to check the nature, characteristics and functioning of the Car, we may reduce your refund to reflect either any reduction in the value of the returned Car brought about by damage caused to the Car whilst in your possession or our reasonable costs of repair (if we determine that it is cost effective to repair the Car) (“Damage Payment”). If we refund you the price paid before we are able to inspect the Car and later discover you have handled it in an unacceptable way, we will contact you to inform you that a Damage Payment is owed to us and you will be responsible for paying that Damage Payment;
       2. if we arranged and charged you for delivery of the Car, the maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer;
       3. we will deduct £250, which we will hold pending you returning the V5C registration document to us. We need the V5C to be returned because the value of the Car will reduce without it. Please see section 11.8 below for more information; and
       4. if the Car has been driven for more than 200 miles since Delivery or Collection, a fee equal to £1.00 for each mile driven in excess of 200 miles (“Excess Mileage Payment”). For the purposes of this section we will record the mileage on each vehicle at Delivery or Collection and this mileage will be conclusive in determining whether you have driven the Car more than 200 miles since Delivery or Collection.
    6. How we will repay you. We will repay you using the same means of payment as you used to pay us and we will not charge you any fees in relation to the repayment.
    7. When your refund will be made. We will make any refunds due to you without undue delay, and not later than:
       1. 14 days from the day on which we receive the Car back from you;
       2. (if earlier) 14 days after the day you provide evidence that you have sent back the Car; or
       3. if we have offered to collect the Car or if no Car was supplied, we will refund you not later than 14 days after the day on which we are informed about you changing your mind.
    8. You must send the most recent V5C registration document showing you as the registered keeper by recorded delivery within 14 days of you informing us that you wish to return the Car. You will be responsible for bearing the cost of the recorded delivery.
       1. The V5C registration document (which includes your name and address and is an official DVLA document) will remain linked with the Car until it is sold and re-registered by a new registered keeper or scrapped. Please note that before being re-registered by a new keeper, the Car may be sold to one or more motor traders who will not be obliged to register as the new keeper of the Car and remove your name and address from the V5C registration document. We do not accept any liability in respect of your personal information contained on the V5C registration document.
       2. Subject to the V5C being received within 14 days of you informing us that you wish to return the Car, we will repay you the £250 we retained as described in section 11.5.3 within 14 days of us receiving the V5C. If you fail to return the V5C registration document, we may charge you a fee of £250 as the value of the Car will reduce without the V5C registration document (“V5C Fee”) and we will retain the £250 referred to in section 11.5.3 as payment by you to us for the V5C Fee.
    9. If the total of the Excess Mileage Payment, the Damage Payment and/or the V5C Fee is more than the amount payable to you then we will tell you how much you owe us (“Outstanding Amount”) and you must pay the Outstanding Amount to us within 30 days of us notifying you of the Outstanding Amount.
    10. On return of the Car to your nearest Lotus Centre or collection by us of the Car from your home address:
        1. you will confirm that the Car:
           1. is free from all charges or claims from any third party including a finance provider e.g. you have not sold and leased back the Car;
           2. is still owned by you
           3. is still in the same condition as on Delivery or Collection except for any reasonable wear and tear; and
           4. has not been involved in an accident since Delivery or Collection;
        2. you must give to us:
           1. all copies of the keys to the Car returned/collected
           2. any documentation supplied with the Car returned/collected (if any);
           3. any accessories there may be such as a locking wheel nut, remote controls, cables and other devices.
    11. You are responsible for the removal of your personal belongings or the deletion of personal data from any vehicles returned.  We have no liability for any items left in a returned vehicle which cannot be recovered once the vehicle is no longer in your possession.
    12. You may change the date and time of your return collection once at no cost to you by notifying Lotus by telephoning Lotus customer service team at +44(0) 330 0948047 at least 48 hours before the date and time that we have agreed for collection. If you wish to change the date and time of your return collection more than once and/or if you notify Lotus of a wish to change the date and time of your return collection less than 48 hours before the date and time that we have agreed for collection, Lotus may decide whether to permit such change and may, if Lotus agrees to accept such change, charge you a fee of £150 to make such change. You must allow us to collect the Car as soon as possible and at the latest within 14 days of you giving notice that you no longer want the Car.
    13. You remain responsible for the Car until we have collected them from you. You must ensure that any vehicle being returned is insured with a fully comprehensive insurance policy until collection. If you have arranged temporary insurance cover to cover a vehicle being returned until we collect it and we fail to collect that vehicle on the agreed date, then we will reimburse you for the additional days’ insurance costs you have had to incur until we collect the vehicle. We will require proof of the additional insurance costs before we can reimburse you. We will notify the providers of any additional insurance based products that you have bought and advise them to terminate the insurance cover.
    1. Your right to change your mind. Subject to the remainder of this section 11, if you are a consumer based in the UK or EU and you entered into the Agreement using methods of distance communications only (e.g. online or e-mail), you will have a legal right to change your mind within 14 days of the day after the Car comes into your physical possession (or if this day is a bank holiday, New Year’s Day, Easter Sunday, Christmas Day or Boxing Day, on the next day that is not included on this list).
    2. Customised or personalised products. You do not have a right to change your mind if the Car is customised, personalised, or bespoke to you (“Customised”). Whether the Car has been Customised or not will depend on the individual circumstances of your purchase, but please note that modifications may result in your Car being Customised. For more information about modifications, you can contact Lotus by telephoning our customer service team at +44(0) 330 0948047 or by writing to us at CustomerCare@LotusCars.com.
    3. How to tell us you’ve changed your mind. Please contact us using the contact details set out at the beginning of these terms. When writing to us, you are not required to but you may use the cancellation form available at here or set out below:
       
       Model cancellation form. To: Lotus Technology Innovative Limited, 151 Wardour Street, London, W1F 8WB, England, Tel. +44 (0) 1953 608000, Email customercare@lotuscars.com. I/We [*] hereby give notice that I/We [*] cancel my/our contract of sale of the following goods [*] / for the supply of the following service [*], Ordered on [*] / received on [*], [Name of consumer(s)], [Address of consumer(s),] [Signature of consumer(s) (only if this form is notified on paper)], [Date] [*] Delete as appropriate
    4. Returning the Car. If you are eligible and you change your mind, and your purchase of the Car has not been financed by LFS, then you may either:
       (a) return your Car to your nearest Lotus Centre; or
       (b) call us on [NUMBER] to agree a date that we can collect the Car from your home address.
       Either option must be within 14 days after the day which you told us that you changed your mind. You shall be solely responsible for the costs of returning the Car to Lotus (including, where we collect the Car from your home address, our charges for collection, which we will advise you of when you contact us to discuss collection).
    5. Deductions from refunds if you are exercising your right to change your mind. We will refund you all payments received pursuant to the terms of the Agreement but may make deductions as described below:
       1. where the Car has been damaged due to your handling of the Car in such a way that goes further than is necessary to check the nature, characteristics and functioning of the Car, we may reduce your refund to reflect either any reduction in the value of the returned Car brought about by damage caused to the Car whilst in your possession or our reasonable costs of repair (if we determine that it is cost effective to repair the Car) (“Damage Payment”). If we refund you the price paid before we are able to inspect the Car and later discover you have handled it in an unacceptable way, we will contact you to inform you that a Damage Payment is owed to us and you will be responsible for paying that Damage Payment;
       2. if we arranged and charged you for delivery of the Car, the maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer;
       3. we will deduct £250, which we will hold pending you returning the V5C registration document to us. We need the V5C to be returned because the value of the Car will reduce without it. Please see section 11.8 below for more information; and
       4. if the Car has been driven for more than 200 miles since Delivery or Collection, a fee equal to £1.00 for each mile driven in excess of 200 miles (“Excess Mileage Payment”). For the purposes of this section we will record the mileage on each vehicle at Delivery or Collection and this mileage will be conclusive in determining whether you have driven the Car more than 200 miles since Delivery or Collection.
    6. How we will repay you. We will repay you using the same means of payment as you used to pay us and we will not charge you any fees in relation to the repayment.
    7. When your refund will be made. We will make any refunds due to you without undue delay, and not later than:
       1. 14 days from the day on which we receive the Car back from you;
       2. (if earlier) 14 days after the day you provide evidence that you have sent back the Car; or
       3. if we have offered to collect the Car or if no Car was supplied, we will refund you not later than 14 days after the day on which we are informed about you changing your mind.
    8. You must send the most recent V5C registration document showing you as the registered keeper by recorded delivery within 14 days of you informing us that you wish to return the Car. You will be responsible for bearing the cost of the recorded delivery.
       1. The V5C registration document (which includes your name and address and is an official DVLA document) will remain linked with the Car until it is sold and re-registered by a new registered keeper or scrapped. Please note that before being re-registered by a new keeper, the Car may be sold to one or more motor traders who will not be obliged to register as the new keeper of the Car and remove your name and address from the V5C registration document. We do not accept any liability in respect of your personal information contained on the V5C registration document.
       2. Subject to the V5C being received within 14 days of you informing us that you wish to return the Car, we will repay you the £250 we retained as described in section 11.5.3 within 14 days of us receiving the V5C. If you fail to return the V5C registration document, we may charge you a fee of £250 as the value of the Car will reduce without the V5C registration document (“V5C Fee”) and we will retain the £250 referred to in section 11.5.3 as payment by you to us for the V5C Fee.
    9. If the total of the Excess Mileage Payment, the Damage Payment and/or the V5C Fee is more than the amount payable to you then we will tell you how much you owe us (“Outstanding Amount”) and you must pay the Outstanding Amount to us within 30 days of us notifying you of the Outstanding Amount.
    10. On return of the Car to your nearest Lotus Centre or collection by us of the Car from your home address:
        1. you will confirm that the Car:
           1. is free from all charges or claims from any third party including a finance provider e.g. you have not sold and leased back the Car;
           2. is still owned by you
           3. is still in the same condition as on Delivery or Collection except for any reasonable wear and tear; and
           4. has not been involved in an accident since Delivery or Collection;
        2. you must give to us:
           1. all copies of the keys to the Car returned/collected
           2. any documentation supplied with the Car returned/collected (if any);
           3. any accessories there may be such as a locking wheel nut, remote controls, cables and other devices.
    11. You are responsible for the removal of your personal belongings or the deletion of personal data from any vehicles returned.  We have no liability for any items left in a returned vehicle which cannot be recovered once the vehicle is no longer in your possession.
    12. You may change the date and time of your return collection once at no cost to you by notifying Lotus by telephoning Lotus customer service team at +44(0) 330 0948047 at least 48 hours before the date and time that we have agreed for collection. If you wish to change the date and time of your return collection more than once and/or if you notify Lotus of a wish to change the date and time of your return collection less than 48 hours before the date and time that we have agreed for collection, Lotus may decide whether to permit such change and may, if Lotus agrees to accept such change, charge you a fee of £150 to make such change. You must allow us to collect the Car as soon as possible and at the latest within 14 days of you giving notice that you no longer want the Car.
    13. You remain responsible for the Car until we have collected them from you. You must ensure that any vehicle being returned is insured with a fully comprehensive insurance policy until collection. If you have arranged temporary insurance cover to cover a vehicle being returned until we collect it and we fail to collect that vehicle on the agreed date, then we will reimburse you for the additional days’ insurance costs you have had to incur until we collect the vehicle. We will require proof of the additional insurance costs before we can reimburse you. We will notify the providers of any additional insurance based products that you have bought and advise them to terminate the insurance cover.
12. Your right of withdrawal (if you have paid for the Car using a Finance Agreement)
    1. Where you have paid for the Car by entering into a Finance Agreement with LFS, you may have a right to withdraw from the Finance Agreement. You should refer to the terms of your Finance Agreement for more information on your right to withdraw from the Finance Agreement.
13. Consumer Rights
    1. Nothing in the Agreement will affect your legal rights. If you would like more information on your rights you should contact your local Citizens Advice Bureau.
14. Data Protection
    1. Lotus may collect certain personal data from you in connection with the Agreement. We shall only use your personal data for the proper and legitimate processing of the Order and Lotus shall comply with all applicable data protection legislation to including the Data Protection Act 2018, the UK General Data Protection Regulations and, where relevant, the General Data Protection Regulations (GDPR), and solely in accordance with the Lotus’ Privacy Policy which can be found at www.lotuscars.com/privacy-policy.
15. Liability
    1. Nothing in these terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law (including, where you are a Consumer, for breach of your legal rights in relation to the Car).
    2. Subject to section 15.1 and to the extent we are able to restrict our responsibility by law, we will not be responsible to you for any indirect or consequential losses or loss of income or revenue, loss of business, loss of profit, loss of opportunity, or loss of anticipated savings (whether direct or indirect).
    3. Subject to section 11.5.1 and to the extent we are able to exclude our responsibility by law, we exclude all implied representations, warranties, terms and conditions from the Agreement.
    4. Subject to the above, our maximum total liability to you under or in connection with the Order and the Agreement with you shall not exceed the Purchase Price of the Car.
16. Circumstances outside of our control
    1. We will not be responsible for any failure or delay by us in performing the Agreement which is caused by a circumstance or event outside of our reasonable control (“Circumstance Outside of Our Control”). Circumstances or events which may be included in this section are riots, acts of terrorism or war, civil disruption, strikes, fire, flood, other natural disasters, supply chain restrictions or delays in manufacturing which are outside of our control, pandemics and accidents relating to the Car. Other circumstances or events may also be included if they are outside of our reasonable control.
    2. If our supply of the Car is delayed by a Circumstance Outside of Our Control, then we will contact you as soon as possible to let you know and we will do what we can to reduce the delay. If we do this, we will not be responsible for delays.  If you are a Consumer and there is a delay you may contact us to end the Agreement and receive a refund of payments made at that time for the Car.
    3. If a Circumstance Outside of Our Control occurs which affects us performing the Agreement after we have supplied the Car to you we will notify you as soon as possible. Our responsibilities to you under the Agreement will be temporarily delayed and the agreed date by which we must perform our responsibilities will be extended until the Circumstance Outside of Our Control has ended.
17. Miscellaneous
    1. It is Lotus’ responsibility to supply you with a Car that meets your consumer rights. This includes to supply the Car in conformity with the Agreement, and under the Consumer Rights Act 2015, to supply goods which are as described, fit for purpose and of satisfactory quality. If you have any concerns that we have not met our legal obligations, you should contact us.
    2. If a court finds part of the Agreement is illegal, invalid or otherwise unenforceable, the remaining parts of the Agreement will continue in full force and effect.
    3. You may not transfer any of your rights or obligations under the Agreement to any other person. We may transfer our rights or obligations under the Agreement to another person provided that this will not affect your rights under the Agreement.
    4. The Agreement does not give rise to rights that are enforceable by any person who is not party to the Agreement.
    5. If we do not exercise or enforce a right under these terms against you at any time, this does not prevent us from doing so at a later date.
    6. The Agreement sets out the entire agreement between you and us relating to the purchase of the Car. The Agreement will replace any prior discussions or agreement between you and us relating to the purchase of the Car. No other terms apply.
    7. If Lotus cancels an Order under any of our rights to cancel as detailed in the Agreement, Lotus shall not have any liability to you other than as set out in the relevant provisions outlining the Lotus’ right to cancel.
    8. These terms and the Agreement are governed by English law and, where you are not a Consumer, you and we both agree that we will issue any legal proceedings in connection with any dispute or claim arising in relation to these terms and the Agreement in the courts of England and Wales.
    9. If you are a Consumer, you can bring legal proceedings in respect of the Car in the English or Welsh courts. If you live in Scotland you can bring legal proceedings in respect of the Car in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Car in either the Northern Irish or English courts.

Part
Exchange

(illustrative terms subject to contract)

1. These terms
   1. BCA Outsource Solutions Limited ("we" or "us") is a company registered in England and Wales under company number 01487644 and our registered office is at Headway House, Crosby Way, Farnham, Surrey, GU9 7XG.  Our telephone number for queries is 01902 858942.
   2. We have entered into an arrangement with Lotus Technology Innovative Limited registered in England and Wales under company number: 13337498, whose registered office is at Unit 6 Doyle Drive, Blackburn Road Industrial Estate, Coventry CV6 6NW (LOTUS) under which we will buy part-exchange vehicles from Lotus’ customers.  You have agreed to purchase a vehicle from Lotus and would like to sell a vehicle identified by yourself to us (the "Vehicle") to fund all or part of this purchase.  We have appointed Lotus to perform certain parts of the appraisal process on our behalf in relation to the sale of the Vehicle to us, if you elect to collect your new Vehicle directly from Lotus or a Lotus Dealer.
   3. These terms, the appraisal form and any documents referred to within the terms or the appraisal form (the "Terms")set out the terms on which we, BCA Outsource Solutions Limited, will buy from you and you will sell to us the Vehicle.
   4. Please read the Terms carefully before you sign.  If you have any questions about the sale of the Vehicle to us or the Terms we encourage you to contact us on the number above before you sign them. We recommend that you keep a copy of them for future reference.
   5. By obtaining a valuation of your Vehicle you confirm that you accept the Terms and that you agree to comply with them.
2. Making you an offer
   1. When you are selecting your new Lotus vehicle www.lotuscars.com (“the Lotus Site”) you will be able to input details of your existing Vehicle and obtain an indicative valuation at which we will buy it from you on the Lotus Site (the “Initial Valuation”).  You may decide to proceed to buy your new Lotus vehicle on the basis that you will sell your Vehicle to us on the basis of the Initial Valuation and put the proceeds towards the purchase of your new Lotus Vehicle.  This Initial Valuation is subject to a physical inspection of your Vehicle when your new Lotus vehicle is ready to be delivered to you.  This is so that we may confirm the information that you have provided on the Lotus Site is still accurate and check any other relevant factors (the “Inspection”). The Inspection will be carried out directly by us or a third party (likely to be an employee of Lotus or a Lotus Centre) on our behalf depending on whether you choose to take delivery of your new Lotus vehicle at the Lotus factory at Hethel, a Lotus Centre (all Lotus Centres are listed on the Lotus Site), or at an address for delivery nominated by you.
   2. Following the Inspection you will be given a summary of the Inspection where factors relevant to the condition and value of your Vehicle are mentioned (the “Appraisal”).  The Appraisal and the Contract will contain our offer to you to purchase the Vehicle in its current condition at a given price including VAT ("Price"). The Price may be different  than the Initial Valuation indicated if relevant factors have changed since the Initial Valuation.
   3. We are not obliged to purchase any vehicle brought to an Inspection (in particular we reserve the right to turn you away from an Inspection if you are selling the Vehicle in the course of a motor trade business) and you are not obliged to sell any vehicle brought to an Inspection to us.
3. Entering into the purchase contract
   1. If you wish to accept our offer to purchase the Vehicle at the Price, a binding agreement to purchase the Vehicle will only be made between us once both you and we have signed the Contract.  The Contract will be signed on the date of delivery of your new Lotus vehicle as notified to you by Lotus (the "Delivery Date").
   2. Any negotiations or discussions which take place prior to signing the Contract will not be binding on you or us.
4. Your representations
   If we buy a Vehicle from you, we will be relying upon your representation that:
   1. you are legally capable of entering into a binding contract to sell the Vehicle;
   2. you are at least 18 years old;
   3. to the best of your knowledge, information and belief:
      1. you are the sole legal and beneficial owner of the Vehicle;
      2. other than in respect of any finance outstanding on the Vehicle which you have disclosed to us, no person has any claim to the Vehicle;
      3. the mileage reading on the Vehicle is true and accurate and the odometer has not been tampered with;
      4. you have disclosed to us all matters which a prudent purchaser would want to know about, such as physical defects in the Vehicle (e.g. if it has any material mechanical problems or damage) and the correct VAT status of the Vehicle (being either a commercial vehicle subject to VAT (Commercial), a vehicle subject to VAT (VAT qualifying) or a vehicle sold under the margin scheme for second hand goods (Margin);
      5. you have disclosed to us (i) the service history of the Vehicle; and (ii) the number of previous registered keepers of the Vehicle;
      6. the Vehicle has a valid MOT certificate;
      7. all information and documentation supplied by you in respect of the Vehicle is true and accurate in all respects; and
      8. the Vehicle is registered in the UK and is not an import; and
      9. the Vehicle has neither been declared or deemed to be a total loss for insurance purposes nor registered on any register as a total loss; and
   4. you are not (nor are you acting on behalf of anyone who is) selling the Vehicle in the course of the motor trade business.
   5. In the event that we discover (at any time) that any of the above representations are (or are likely to be) inaccurate, untrue or false then we reserve the right (at our sole discretion) to:
      • request any documentation or information we deem necessary to determine whether the above representations are untrue or false; and/or
      • withdraw any offer to buy the Vehicle with immediate effect; and/or
      • to rescind any Contract with immediate effect; and/or
      • (where appropriate) seek damages from you.
5. Existing finance agreements
   1. We may make you an offer to purchase the Vehicle even though it is the subject of a finance arrangement between you and a third party ("Finance Agreement"), provided that we receive from Lotus a written statement of the amount required to settle the Finance Agreement ("Settlement Amount") in full which is accurate and valid for at least 20 working days following the Delivery Date (as defined below) from the third party ("Settlement Letter"). We will only offer to purchase the Vehicle where the Settlement Amount is less than the Price.
6. Delivery requirements
   1. If you have elected to collect your new Lotus vehicle from Lotus’ factory or a Lotus specified retail site (the Lotus Site) it is a fundamental condition of this contract that you must deliver the Vehicle to the Lotus Site on the Delivery Date.  If you deliver the Vehicle to Lotus after this date then we reserve our rights to change the Price or to withdraw from the Contract. 
   2. Prior to the Delivery Date, you must provide the Vehicle's registration document and, where applicable, the Settlement Letter to Lotus.  Failure to provide these documents prior to the Delivery Date may mean that we are unable to accept delivery of the Vehicle on the Delivery Date.
   3. On the Delivery Date you will also need to provide to Lotus with:
      1. the V5 (logbook);
      2. all the Vehicle's keys you have (including any copies);
      3. the Vehicle's service history (if any);
      4. the Vehicle's MOT certificate (if any);
      5. the Vehicle's user manuals (if any); and
      6. any accessories there may be such as a locking wheel nut, radio fascia or remote controls and Sat Nav with the required media (if any).
   4. We will also expect you to remove any personal possessions from the Vehicle once the Contract has been concluded. We will not be responsible for any personal items lost once the Vehicle is in our possession.
   5. If the Vehicle contains any data about you, you are responsible for the deletion of such data on or prior to the Delivery Date.  Neither we nor Lotus will delete data from the Vehicle after the Delivery Date and we will not be responsible for any data left on the Vehicle’s systems.
   6. You are responsible for removal, deletion or redaction of your personal information contained in the Part Exchange Car prior to handover of the Part Exchange Car, including as follows:
      1. if the Part Exchange Car has a satnav, phone interface or any other device capable of storing data, you will ensure that you have removed all personal data from these devices prior to handing the Part Exchange Car over to us. This includes contacts (names and numbers), previous or favourite destinations in your trip history and default “home” address; and
      2. you will ensure that your name and address are removed or redacted from any service or maintenance records that you hand over with the Part Exchange Car.
   7. The V5C registration document (which includes your name and address and is an official DVLA document) will remain with the Part Exchange Car until it is sold and re-registered by a new registered keeper or scrapped. Please note that before being re-registered by a new keeper, the Part Exchange Car may be sold to one or more motor traders who will not be obliged to register as the new keeper of the Part Exchange Car and remove your name and address from the V5C registration document. We do not accept any liability in respect of your personal information contained on the V5C registration document.
   8. In the event that you fail to comply with these hand-over requirements, you agree that we have the right to withdraw any offer to buy the Part Exchange Car with immediate effect and/or to indicate a revised valuation at which we will be prepared to purchase the Part Exchange Car. If we take the Part Exchange Car at Delivery and discover later that the Part Exchange Car did not meet the requirements set out in this section 6 we may take action against you to recover the reduction in value of the Part Exchange Car as a result of the Part Exchange Car not meeting the requirements in this section 10 (Recovery Claim). You may also have to pay to us on demand all reasonable costs and expenses incurred by us in pursuing a Recovery Claim.
   9. If you have already entered into a contract with Lotus to purchase a vehicle from Lotus, your cancellation or our cancellation of this Contract in accordance with these Terms will not affect your contract with Lotus to purchase a vehicle and you will be required to pay over the full purchase amount to Lotus under that contract or take steps to cancel that contract in accordance with its terms.
   10. If you cancel this Contract after the Delivery Date we will be unable to return the Vehicle to you and you will need to seek a refund of the valuation from Lotus in accordance with your contract with Lotus.
7. Price, settlement and payment
   1. Once the Contract has been made and we are in possession of the Vehicle or no later than 5 working days from the Delivery Date, whichever is the earlier, we will pay the Price for the Vehicle.  By signing the Contract you agree that we will apply the Price in the following manner:
      1. firstly, to pay the Settlement Amount to the relevant third party identified in the Settlement Letter (where the Vehicle is subject to a Finance Agreement); and
      2. secondly, to pay an amount equal to the Price less the Settlement Amount (or such other amount as agreed between you and Lotus) to Lotus. Lotus will apply this money towards the purchase price for your purchase of a vehicle from Lotus.
   2. Title to the Vehicle will pass to us on payment of the Price. 
   3. It is possible that events beyond our control may delay payment, and if that happens we will not have any liability to you for the delay.
8. Limitation of our liability
   1. Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
   2. To the extent permitted by law, we will not be responsible or liable to you for any indirect or consequential losses or loss of income or revenue, loss of business, loss of profit, or loss of
   3. anticipated savings (whether direct or indirect). However, this shall not prevent you from claiming for loss of, or damage to, your physical property which is caused by our negligence or any failure to perform any obligation under the Terms.
   4. Subject to the above, our maximum aggregate liability to you under or in connection with any Contract with you shall not exceed the Price of the Vehicle.
9. Your liability
   1. You will compensate us in full for any losses or costs, including reasonable legal fees, we incur as a result of (i) any breach by you of these Terms; or (ii) infringement of the rights of another person.
10. Miscellaneous
    1. If any term of these Terms is held to be illegal, invalid or otherwise unenforceable, the remaining parts of the Terms will continue to be enforceable.
    2. You may not assign, sub-license or otherwise transfer any of your rights or obligations under these Terms to any other person.
    3. These Terms do not give rise to rights that are enforceable by any person who is not party to these Terms.
    4. If we do not exercise or enforce a right under these Terms against you at any time, this does not prevent us from doing so at a later date.
    5. If you wish to register a complaint, please contact us:
       - in writing write to outsourcedsolutions@bca.com
       - by phone telephone 01902 858942
    6. We will follow a standard procedure in handling your complaint.
11. Applicable law
    1. These Terms, their subject matter and formation, are governed by English law and you and we both agree that the courts of England and Wales will have exclusive jurisdiction in connection with any dispute or claim arising in relation to these Terms.
12. Use of your information
    1. We use and record the information you give us for any Inspection and/or in entering into a Contract, for the purpose of purchasing your Vehicle and paying  the Price to Lotus and in case we need to address any complaint, in accordance with the terms of our Privacy Policy which can be found at https://www.british-car-auctions.co.uk/About-Us/Privacy-Policy/

Retail
Voucher

Terms and Conditions governing use of retail voucher

By using your voucher you are accepting these terms and conditions and they are binding on you.

1. You are entitled to one voucher only and vouchers may not be sold, gifted or transferred.
2. The voucher is valid for a single transaction in the physical retail store at our factory only and only on the day you visit our factory to collect your new Lotus car.  The voucher may not be used after this date.
3. The voucher may not be used for on-line purchases.
4. No credit or change will be given if you do not use the full value of your voucher when making a purchase.
5. The voucher is not valid with any other offer or discount.
6. The voucher is non-refundable and cannot be exchanged for cash in part or full.
7. We reserve the right to vary or amend these terms and conditions at our sole discretion without notice.