1. These terms
1.1. What these terms cover. These are the terms and conditions on which we supply our vehicles and other services to you.
1.2. Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide our vehicles and other services 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 or require any changes, please contact us to discuss.Information about us and how to contact us.
2. Information about us and how to contact us
2.1. Who We Are: we are West Sussex Campervans Ltd, a company registered in England and Wales. Our company registration number is 08086997 and our registered office is at Graylands Gatewa, Langhurst, Wood Road, Horsham, West Sussex, RH12 4QD. Our VAT registration number is: 134 3031 60.
2.2. How to contact us. You can contact us by telephoning us at 01403 336 369 or by writing to us at hello@sussexcampervans.com and Graylands Gateway, Langhurst Wood Road, Horsham, West Sussex,RH124QD.
2.3. How we may contact you. If we have to contact you, we will do so by telephone or by contacting you at the email address or postal address you provided to us as per your order
2.4.“Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes email and other electronic media.
3. Our Contract With You
3.1.We offer a range of premium campervans, which can either be built to order to suit your needs or can be purchased as standard from our stock vehicles. There are certain key stages to our contract with you, as described in detail below.
3.1.1 Initial Meeting. At our initial meeting, we will show you a range of campervans from our stock vehicles, and show you other samples and products, to help you decide on the best route for your campervan purchase.
3.1.2. Stock Campervans. If you see a stock campervan that you like, then that can either be purchased from us as it is, or it can be customised to your bespoke requirements. We will discuss any specifications you require for the vehicle and provide a quotation for the vehicle price and for any customisation work to be carried out. If you wish to proceed, the full purchase price of the stock vehicle shall be payable in advance of any customisation work being carried out. When this payment is received, you own the stock vehicle. You will be sent a Client Order and Specification by our customer care team, which will include confirmation of your order, including all specification requirements. Shortly after receipt of the Client Order and Specification, a member of our customer care team will contact you to discuss your order and provide you with an opportunity to ask questions or specify any changes you would like to be made. The price of the bespoke work is payable in advance of collection of the finished campervan to your specification. We retain a lien on the vehicle until the price of the bespoke work is paid in full.
3.1.3. Bespoke Campervans. Alternatively, you may choose to place an order for a bespoke campervan. We will discuss the details of the specification you require for the base vehicle and for the campervan habitation and provide a quotation for the completed campervan. If you wish to proceed, a specification charge of 10% of the total price shall be payable at this stage. You will be sent a Client Order and Specification by our customer care team, which will include confirmation of your order, including all specification requirements. Shortly after receipt of the Client Order and Specification, a member of our customer care team will contact you to discuss your order and provide you with an opportunity to ask questions or specify any changes you would like to be made. Both the base vehicle specification and the campervan habitation specification must be agreed between us prior to commencement of work. Any delay in this will impact the final delivery schedule.
3.1.4. Vehicle Procurement. If you have chosen to order a bespoke campervan, as at 3.1.3, then a base vehicle must be selected. If this vehicle is already in stock at our premises, then it may be possible to view and inspect it when placing your bespoke order. Alternatively, should a vehicle be required which is not yet in stock, we will order it for you. A second payment, which is a part of the total price, as per the Client Order and Specification shall be payable at this stage, either within 14 days if the base vehicle is on our premises, or in advance of delivery to us otherwise. When this payment is received, you own the vehicle. You will be contacted when the vehicle is delivered to our premises and invited to inspect the vehicle to ensure it complies with details noted in the agreed Client Order and Specification. Our team will confirm the customisation works to be carried out with you at this visit. It may be possible to make changes and additions, if the campervan habitation has not been finalised at this point.
3.1.5. Pre-Delivery Visit. If you have placed a bespoke order, or if you have requested customisation to a stock campervan, you will be invited to a pre-delivery visit when all work has been completed. You will be given ample time and freedom to look at every aspect of the vehicle and its customisation, thus ensuring that it meets the Client Order and Specification and is completed to your satisfaction. At this visit, you will have the opportunity to ask questions and for any final alterations to be completed.
3.1.6. Delivery. We will contact you when the vehicle is completed to arrange a vehicle handover with you. The final payment instalment of the purchase price shall be payable at this stage. This should be cleared funds 48 hours before collection, to allow for bank processing. This handover visit is a further opportunity to check that the finished vehicle is in accordance with the Client Order and Specification and is completed to your satisfaction.
3.2. How we will accept your order. Our acceptance of your order will take place when we tell you that we are able to provide you with a campervan to the specification you have selected, which we will also confirm in writing to you in the Client Order and Specification, at which point a contract will come into existence between you and us. Please read the Client Order and Specification thoroughly and let us know immediately if you have any questions.
3.3. If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because an item is out of stock, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the campervan or because we are unable to meet an agreed delivery schedule. Please note that, owing to the complex nature of our work, and the numerous suppliers upon whom we rely, we cannot guarantee to meet a specific delivery deadline.
3.4. Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4. Our campervans
4.1. Campervans may vary from their pictures. The images of the campervans in our brochure and on our website are for illustrative purposes only. Your campervan may vary from those images. Nothing on the website or other media should be regarded as constituting a specification or offer. Please ask about any aspect which is important to you and ensure that this is reflected in the Client Order and Specification you receive and agree to.
4.2. Making sure your measurements are accurate. If we are carrying out our work based on measurements you have given us, you are responsible for ensuring that the measurements are correct. Any such information should be confirmed by email.
4.3. Stock and used vehicles. If you wish to order a stock or used vehicle, we will give you an opportunity to inspect the vehicle before you submit your order to us. Our stock and used vehicles are sold subject to any defects which either would be apparent from a visual inspection of the vehicle or which we specifically bring to your attention before you submit your order to us.
Your rights to make changes
5. Your rights to make changes
5.1. If you wish to make a change to the campervan 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 campervan, 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. Both the base vehicle specification and the campervan habitation specification must be finalised and signed off prior to commencement of work. Should we be able to agree a change after these being finalised, this may impact the final delivery schedule. If we agree to any changes after the Client Order and Specification has been agreed, we will issue you with a revised Client Order and Specification and the original will be superseded.
6. Our rights to make changes
6.1. Minor changes to the campervan. We may change the campervan:
6.1.1. to reflect changes in relevant laws and regulatory requirements;
6.1.2. to implement minor technical adjustments and improvements; and
6.1.3. on account of supplier specification changes.
These changes will not affect your use of the campervan.
6.2. More significant changes to the campervan and these terms. In addition, we may make other changes to these terms or the campervan, but if we do so we will notify you and you may then contact us to end the contract and receive a refund of any payment made.
7. Providing the campervan
7.1. Delivery. We do not deliver our campervans to customers. It is important, and a condition of the Warranty, that delivery is taken in person, with a full handover of the campervan to the new owner. We arrange vehicle handovers for weekdays, during normal business hours, and will try and offer you a suitable time and date, to give plenty of time for explanation, demonstration and questions. This is so that you will be fully conversant with and confident in all aspects of operation of your campervan. If you choose not to have a full handover of the campervan, we cannot be held responsible for faults that arise in its operation if such faults are caused by your mishandling of the campervan.
7.2. When we will provide the campervan. When you place an order for a campervan with us, we will ask you when you would like to take delivery of it, and for the earliest date when you could take delivery of it, having paid the final balance. We will use our best endeavours to supply between these two dates.
7.3. We are not responsible for delays outside our control. If delivery of the campervan 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, but please note Clause 3.3.
7.4. If you do not collect the vehicle. If you do not collect the campervan from us as arranged, we will contact you for further instructions and may charge you for storage costs and any other reasonable costs. If, despite our reasonable efforts, we are unable to re-arrange collection, we may end the contract and clause 9.2 will apply.
7.5. When you become responsible for the campervan. The campervan will be your responsibility from the time you arrive at our premises to collect it from us.
7.6. When you own the campervan. You own the vehicle, in the case of a stock vehicle, when full payment is made pursuant to clause 3.1.2, or, in the case of a bespoke vehicle, when the instalment payment is made pursuant to clause 3.1.4. It is your responsibility to insure the vehicle from the point at which you own it.
7.7. What will happen if you do not give required information to us. We may need certain information from you so that we can supply the campervan to you and/or convert the campervan to the agreed specification, for example, choice of finishes, accessory details and measurements. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (see clause 9.1) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the campervan late or not supplying the campervan if this is caused by you not giving us the information we need within a reasonable time of us asking for it. Both the base vehicle specification and the campervan habitation specification must be finalised and signed off prior to commencement of work. Any delay in this will impact the final delivery schedule.
8. Your rights to end the contract
8.1. You can always end the contract before the campervan has been delivered and paid for. You may contact us to end your contract for the campervan before you have collected it, but there will be a cancellation charge depending on the extent of the work carried out, as described below. Of course, you always have rights where a campervan is faulty or mis-described (see clause 9, “If there is a problem with the campervan”).
8.2. What happens if you have good reason for ending the contract. If you are ending the contract for a reason set out at 8.2.1 to 8.2.4 below the contract will end immediately and we will refund you. The reasons are:
8.2.1. We have told you about a material change to the campervan or these terms which you do not agree to (see clause 6.2);
8.2.2. We have told you about a material error in the price or description of the campervan you have ordered, and you do not wish to proceed;
8.2.3. There is a risk that supply of the campervan may be substantially delayed because of events outside our control; or
8.2.4. You have a legal right to end the contract because of something we have done wrong.
8.3. What happens if you end the contract without a good reason. 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 you will be charged a percentage of the purchase price, depending on the date on which you end the contract. The amount charged is compensation for the net costs we will incur as a result of cancellation. For example, if you cancel the contract after the Design and Specification Stage, described at clause 3.1.1, a charge of 10% of the purchase price would be payable to reflect the work carried out in respect of the design, specification and materials procurement costs of your campervan.
8.4. If we sell you the campervan away from our premises. If you buy the campervan from us off-premises (for example without face-to-face contact with us or where we visit you at home), and provided the campervan is not made to your specifications or personalised in any way, you may be able to get a refund if you are within the cooling-off period. In these circumstances, you have a right under the Consumer Contracts Regulations 2013 to change your mind and receive a refund if you let us know within 14 days of the day you receive the campervan.
8.5. Ending the contract. To end the contract with us, please let us know by doing one of the following:
8.5.1 Phone or email. Call us on 01403 336 369 or email us at hello@sussexcampervans.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
8.5.2. By post. Write to us at Graylands Gateway, Langhurst Wood Road, Horsham, West Sussex RH12 4QD, including details of what you bought, when you ordered or received it and your name and address.
8.6. Returning the campervan after ending the contract. If you end the contract after the campervan has been collected, you must return it to us. You must either return the campervan to us or allow us to collect the campervan from you. If you are ending the contract for one of the reasons set out in clause 8.2 then we will pay the costs of return. In all other circumstances, you must pay the costs of return.
8.7. What we charge for collection. If you are responsible for the costs of return and we are collecting the campervan from you, we will charge you the direct cost to us of collection.
8.8. When your refund will be made. We will make any refunds due to you as soon as possible. If we are not collecting the campervan from you, your refund will be made within 14 days from the day on which we receive the campervan back from you or, if earlier, the day on which you provide us with evidence that you have sent the campervan back to us. In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
9. Our rights to end the contract
9.1. We may end the contract if you break it. We may end the contract for the campervan at any time by writing to you if:
9.1.1. 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;
9.1.2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the campervan; or
9.1.3. you do not, within a reasonable time, collect the campervan from us.
9.2 You must compensate us if you break the contract. 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 campervan, but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract. For example, if you break the contract after the Design and Specification Stage, described at clause 3.1.1, a charge of 10% of the purchase price would be payable to reflect the work carried out in respect of the design of your vehicle.
10. If there is a problem with the campervan
10.1. How to tell us about problems. If you have any questions or complaints about the campervan, please contact us. You can telephone us at 01403 336 369 or write to us at hello@sussexcampervans.com and Graylands Gateway, Langhurst Wood Road, Horsham, West Sussex RH12 4QD. Alternatively, if at our premises, please speak to a member of our Sales Team or Aftercare Team.
10.2. Your legal rights. We are under a legal duty to supply a campervan that is in conformity with this contract. The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. Nothing in these terms will affect your legal rights. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
10.3. Our warranty. We, Sussex Campervans Ltd of Graylands Gateway, Langhurst Wood Road, Horsham, West Sussex RH12 4QD, offer the following warranty which is in addition to your legal rights (as described in clause 10.2) and does not affect them.
We hereby warrant that the parts and labour supplied by us in respect of the campervan habitation shall be free of defects for a period of 12 months from the date on which we notify you that the campervan is ready for collection. The warranty on labour may be refreshed for a further 12 months upon the campervan undergoing habitation servicing provided such service is carried out within a period of 4 weeks from the anniversary of collection. The warranty on labour may be refreshed for another 12 months on the second anniversary, subject to the same conditions, such that the warranty may be extended to a total period of 36 months from the date of collection.
The warranty excludes the following:
-
- The base vehicle (i.e. the van as supplied to us by the manufacturer) which is covered either by the manufacturer’s warranty, or by a third-party warranty policy;
- Any appliances (for example, fridge, cooker, charging system) which are covered by their manufacturers’ warranties;
- Any parts fitted, or labour carried out by you or a third party to the campervan; and
Fair wear and tear.
The warranty is subject to the following:
-
- You must return the campervan to us for any work required under the terms of the warranty within a reasonable time when requested to do so;
- Should there be an issue which you believe may fall under the base vehicle or an appliance manufacturer warranty, we must be informed in the first instance prior to contact with the third party. We will not be able to consider claims made without our prior knowledge and involvement;
- The campervan must undergo habitation servicing by us or an approved third party at least once within a period of 4 weeks from the anniversary of the warranty period. Any third party who services the vehicle must be approved by us in writing prior to such servicing; and
- The warranty is only offered to consumers resident in the UK.
10.4. Transferring our warranty. You may transfer our warranty at clause 10.3 to a person who has acquired the campervan from you. We may require the person to whom the warranty is transferred to provide reasonable evidence that they are now the owner of the campervan (generally the V5c showing the transferee as registered keeper of the vehicle). The new owner is required to notify us in writing of their ownership, with a copy of the V5c supplied for record, and full contact details, so that we can advise them of any recalls, known issues or service updates.
11. Price and payment
11.1. Where to find the price for the campervan. The price of the campervan (which includes VAT) will be the price set out in the Client Order and Specification. We take all reasonable care to ensure that the price of the campervan advised to you is correct. However please see clause 11.4 for what happens if we discover an error in the price of the campervan you order.
11.2. We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the campervan, we will adjust the rate of VAT that you pay, unless you have been invoiced and have paid for the campervan in full before the change in the rate of VAT takes effect.
11.3. We will pass on changes in the rate of import duties and other taxes. If the rate of import duties or other taxes change between your order date and the date we supply the campervan, we will adjust the purchase price accordingly, unless you have already been invoiced and have paid for the campervan in full before the changes take effect.
11.4. What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the campervans we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the correct price at your order date is higher than the price stated in the Client Order and Specification, 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 unmistakable and could reasonably have been recognised by you as a mispricing, we may terminate the contract and refund you any sums you have paid.
11.5. When you must pay and how you must pay. We accept payment of the Design and Specification fee by debit card. We accept payment of all other amounts payable by BACS or CHAPS. You must pay for the campervan in accordance with the payment schedule set out in our Client Order and Specification.
11.6. We can charge interest if you pay late. If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 2% a year above the Bank of England base rate from time to time. This interest shall accrue daily from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
11.7. What to do if you think an invoice is wrong. If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
11.8. Part-exchange. Where we agree to allow part of the price to be paid by you delivering a used vehicle to us, it is on the condition that the used vehicle is delivered to us in the same condition as when originally examined by us, having a total distance run as agreed with us, and provided that the used vehicle is your property only and not the subject of any third party interest or rights, such as a hire purchase agreement. We reserve the right to make reasonable adjustment to the valuation figure originally offered, or to refuse to accept a vehicle in part exchange, should there be, in our view, a material difference between its condition as presented and that expected.
11.9. Finance. We are authorised by the Financial Conduct Authority to provide regulated products and services. Our authorisation number is 737357. We offer a range of finance options to our customers. If you wish to discuss finance options with us, you can telephone us at 01403 336 369 or speak to one of our staff.
12. Our responsibility for loss or damage suffered by you
12.1. We are responsible to you for foreseeable loss and damage caused by us. 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. 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. Foreseeable loss excludes any costs associated with holidays, trips or other leisure activities in which the vehicle is required but is not available due to a delay (please see clause 3.3).
12.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the vehicle, as summarised at clause 10.2, and for defective products under the Consumer Protection Act 1987.
12.3. We are not liable for business losses. We only supply campervans for domestic and private use. If you use the campervan 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.
13. How we may use your personal information
13.1. We will only use your personal information as set out in our Privacy Policy. A copy of our Privacy Policy can be found on our website at www.sussexcampervans.com/home/privacy-policy.
14. Other important terms
14.1. We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
14.2. You need our consent to transfer your rights to someone else (except that you can always transfer our warranty). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, you do not need our agreement to transfer the benefit of our warranty in clause 10.4 (see clause 10.5).
14.3. Nobody else has any rights under this contract (except someone you pass your warranty on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 10.4 in respect of our warranty. Neither of us will need to get the agreement of any other person to end this contract or make any changes to these terms.
14.4. If a court finds part of this contract illegal, the rest will continue in force. 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.
14.5. Even if we delay in enforcing this contract, we can still enforce it later. 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 campervan, we can still require you to make the payment at a later date.
14.6. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the campervan in the English courts. If you live in Scotland you can bring legal proceedings in respect of the campervan in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the campervan in either the Northern Irish or the English courts.
14.7. Alternative dispute resolution. 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. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to the National Conciliation Service (NCS) via their website at www.nationalconciliationservice.co.uk. NCS will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings.
