Our terms

  1. These terms
    1. These are the terms and conditions on which we supply vehicles to you.
    2. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide vehicles to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms please contact us to discuss.
  1. Information about us and how to contact us
    1. We are A.E.M. Trading Limited a company registered in England and Wales. Our company registration number is 05870512 and our registered office is at 1007 London Road, Leigh-on-Sea, Essex, England, SS9 3JY. Our registered VAT number is 104119463.  We are open Monday to Saturday 9 a.m. to 5.30 p.m. and Sunday between 10 a.m. and 4 p.m.
    2. You can contact us by telephoning our customer service team at 01702 477555 or by writing to us at info@estuarycars.com or write to us at 840-846 London Road, Leigh-on-Sea, Essex, SS9 3NT.
    3. 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 your order.
    4. When we use the words “writing” or “written” in these terms, this includes emails.
  1. Our contract with you
    1. All of our vehicles offered for sale are done so at the sale premises and are available for inspection and a test drive.  If you tell us that you wish to purchase a vehicle we will only accept your order when we tell you that we are able to provide the vehicle to you at which point a Contract will come into existence between us.
    2. If we are unable to accept your order, we will inform you of this. 
    3. These Terms and Conditions, our website and brochure are solely for the promotion of our vehicles sold in the UK. We are more than willing to sell and deliver our vehicles outside of the U.K., however, additional Terms and Conditions may apply.  Please ask us for more details.

The images of the vehicles in our brochure OR on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours or the printed pictures in our brochure accurately reflects the colour of the vehicles.

  1. Your rights to make changes

If you wish to make a change to the vehicle you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the vehicle, the timing for delivery or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

  1. Our rights to make changes

If for any reason we need to make changes to the vehicle we will notify you and you may then contact us to end the Contract and receive a full refund before the changes take affect.

  1. Providing the vehicle
    1. You may collect the vehicle from our on-site premises or if you wish for us to deliver the vehicle to you, the cost of delivery will be as told to you during the order process.
    2. During the order process we will let you know when we will provide the vehicle to you.  We will contact you with an estimated date for collection or delivery which we aim to be within thirty days after the date on which we accept your order.  Time is not of the essence and this period may be extended upon our giving you seven days’ notice.
    3. If our delivery of the vehicle is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
    4. You will be responsible for collecting the vehicle from our premises.  You can collect the vehicle from us at any time during our working hours of Monday to Saturday 9 a.m. to 5.30 p.m. and Sunday 10 a.m. to 4 p.m.
    5. You have legal rights if we deliver any vehicle late. If we miss the delivery deadline for any vehicle then you may treat the contract as at an end straight away if any of the following apply:
      1. we have refused to deliver the vehicle;
      2. delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
      3. you told us before we accepted your order that delivery within the delivery deadline was essential.
    6. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 7.5, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
    7. If you do choose to treat the contract as at an end for late delivery under clause 7.5 or clause 7.6, you can cancel your order for any of the vehicles.
    8. When you become responsible for the vehicle.

7.8.1. The vehicle will be your responsibility from the time you collect it from us;   or

7.8.2. Where we deliver the vehicle to you it will become your responsibility once we have delivered it to the address supplied by you at the time agreed with you.  It is your responsibility to ensure that you are available on the date and time specified for delivery.

    1. You own the vehicle once we have received payment in full.  We will not release or deliver the vehicle until full payment has been received.
    2. We may have to suspend the supply of a vehicle to:
      1. deal with technical problems or make minor technical changes;
      2. update the vehicle to reflect changes in relevant laws and regulatory requirements;
      3. make changes to the vehicle as requested by you or notified by us to you (see clause 6).
  1. Your rights to end the contract
    1. You may contact us to end your contract for a vehicle at any time before you have collected it and paid for it, but in some circumstances we may charge you for doing this, as described below. Of course, you always have rights where a vehicle is faulty or mis-described (see clause 10).
    2. If you are ending the contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any vehicle which have not been provided or have not been provided properly and you may also be entitled to further compensation. The reasons are:
      1. we have told you about an upcoming change to the vehicle or these terms which you do not agree to (see clause 6);
      2. we have told you about an error in the price or description of the vehicle you have ordered and you do not wish to proceed;
      3. there is a risk that supply of the vehicles may be significantly delayed because of events outside our control;
      4. you have a legal right to end the contract because of something we have done wrong (but see clause 7.7 in relation to your rights to on end the contract if we deliver late).
    3. If you are not ending the contract for one of the reasons set out in clause 8.2, then the contract will end immediately and we will (1) retain the full amount of the deposit paid by you; and (2) look to you (or deduct where payment has been made in full) a reasonable amount of compensation for the net cost we will incur as a result of your ending the Contract.
  1. Our rights to end the contract
    1. We may end the contract for a vehicle at any time by writing to you if:
      1. you do not make any payment due to us;
      2. you do not, within fourteen days of our informing you that the vehicle is ready for collection, make arrangements to collect the products from us.
    2. If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for the vehicle but we will retain the full amount of the deposit paid by you.
    1. If you have any questions or complaints about the vehicle, please contact us. You can telephone our consumer service team at 01702 47755 or write to us at info@estuarycars.com or 840-846 London Road, Leigh-on-Sea, Essex, SS9 3NH.  Alternatively, please speak to one of our staff in-store.
    2. We are under a legal duty to supply vehicles that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.  Where you exercise a right to reject a vehicle within the first thirty days because the item is faulty then the vehicle must be returned to us in the same condition as it was collected from us / delivered to you and we will deduct an appropriate amount if any repairs are required to the vehicle not relating to the fault for which it was rejected.
    1. If you wish to exercise your legal right to reject a vehicle you must either return it in person to our site or allow us to collect it from you (if we had delivered it in the first instance).    
    2. Save as where stated as otherwise in the Contract, once we have accepted your order you have no legal right to cancel this Contract.
    3. Additional Driver Mechanical Breakdown Warranty.  

To give you peace of mind we provide an additional Driver Mechanical Breakdown Warranty under which we will repair or replace any component covered within the Warranty Terms which suffers mechanical or electrical failure.  You will have chosen or agreed certain parameters for your Warranty and the limits are specifically listed or covered by the general terms, definitions and exclusions set out within the Warranty Booklet.  The provision of the Driver Mechanical Breakdown Warranty does not affect your statutory rights.  The Driver Mechanical Breakdown Warranty is subject to the Terms and Conditions specifically set out therein and is only transferrable to another owner if we expressly consent to this in writing.  The Driver Mechanical Breakdown Warranty is not transferrable to any other party and is personal to you only.

  1. Price and payment
    1. The price of the vehicle (which may include VAT) will be the price agreed at the point of purchase, at which time an invoice showing the agreed price will be generated.   We will use our best efforts to ensure that the price of vehicle advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the vehicle you order.
    2. Where applicable, if the rate of VAT changes between your order date and the date we supply the vehicle, we will adjust the rate of VAT that you pay, unless you have already paid for the vehicle (including delivery costs) in full before the change in the rate of VAT takes effect.
    3. It is always possible that, despite our best efforts, some of the vehicles we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the vehicle’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the vehicle’s correct price at your order date is higher than the price stated in our price list, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may terminate the contract, refund you any sums you have paid and require you to return the vehicle at our expense.
    4. You must pay for the vehicles in full by way of cleared funds before you may collect them.  Any payment made by Debit or Credit Card will be deducted from that card immediately.
  1. Our responsibility for loss or damage suffered by you
    1. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
    2. We only supply the vehicle for domestic and private use. If you use the vehicle for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  1. How we may use your personal information
    1. We will use the personal information you provide to us:
      1. to supply the vehicle to you;
      2. to process your payment for the vehicle; and
      3. if you agreed to this during the order process, to inform you about similar vehicles that we provide, but you may stop receiving these communications at any time by contacting us.
    2. We will only give your personal information to third parties where the law either requires or allows us to do so.
  1. Other important terms
    1. We may transfer our rights and obligations under these terms to another organisation.
    2. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we give our express agreement, such agreement to be made in writing.
    3. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end this contract.
    4. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    5. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
    6. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. 
    7. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court.   When we have fully investigated any complaint raised by you we will provide you with information in regards to Alternative Dispute Resolution Providers.  However we at our absolute discretion can agree or refuse to refer any complaint to an Alternative Dispute Resolution Provider.