Terms & Conditions
1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply overnight car repair, servicing, MOT and valeting services to you.
1.2 Why you should read them. Please read these terms carefully before you submit your booking to us. These terms tell you who we are, how we provide 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.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Overnight Group Ltd (trading as overnightcarrepair.com), a company incorporated and registered in England and Wales with company number 11681302 whose registered office is at 4 Vicarage Drive, Dukinfield, SK16 5LE. Our registered VAT number is 331 5120 53
2.2 How to contact us. You can contact us by telephoning our customer service team at 0800 689 0451 , by emailing us at firstname.lastname@example.org, or writing to us at 4 Vicarage Drive, Dukinfield, Cheshire, SK16 5LE.
2.3 How we 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 your booking.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your booking. Our acceptance of your booking will take place when we tell you that we are able to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your booking. If we are unable to accept your booking, we will inform you of this and will not charge you for the services. We may be unable to accept your booking because:
(a) you are located more than 25 miles away from one of our affiliate garages;
(b) of unexpected limits on our resources which we could not reasonably plan for;
(c) a credit reference we have obtained for you does not meet our minimum requirements;
(d) we have identified an error in the price or description of the services. or
(e) we are unable to meet a deadline you have specified.
3.3 Your booking reference. We will assign a booking reference to your booking and tell you what it is when we accept your booking. It will help us if you can tell us the booking reference whenever you contact us about your booking.
3.4 You have permission to use the services. By placing an order, you confirm that; (a) you are the legal owner of the vehicle or have the permission of the legal owner of the vehicle to engage us to perform the services; and that (b) the vehicle is roadworthy, taxed, and fully insured at all times for the duration of the services.
3.5 We only sell to the UK. Our website is solely for the promotion of our services in the UK. Unfortunately, we do not accept bookings from outside of the UK.
4. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the services you have requested 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 services, the timing of supply 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. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 7 - Your rights to end the contract).
5. OUR RIGHTS TO MAKE CHANGES
5.1 Minor changes to the services. We may change the services, including our website and booking process:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements, for example to address a security threat.
5.2 More significant changes to the services and these terms. In addition, we may make more significant changes to these terms or the services, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any services paid for but not received.
6. PROVIDING THE SERVICES
6.1 When we will provide the services. Unless we notify you otherwise, we will collect your vehicle at the time and on the date agreed with you during the booking process and will drive your vehicle to one of our affiliate garages, where the services will be provided.
6.2 Additional Services. We will collect your vehicle from the address that you provide during the booking process and will take it to one of our affiliate garages. We aim to contact you using the email address also provided during the booking process within one hour of your vehicle arriving into the workshop of our affiliate garage to provide a detailed statement of work. If our affiliate garage identifies any additional work which it recommends is undertaken on or to your vehicle, we will notify you of this in our statement of work. If you would like the additional work to be undertaken, you must select the ‘accept’ button included in our email and pay the appropriate additional charges set out in our email by following the link provided. If you select the ‘decline’ button, if you do not pay the appropriate additional charges or if we do not receive your acceptance within one hour of us sending the statement of work, we will assume that you do not want us to undertake the additional work and will only provide the services originally requested in your booking. However, you may ask us to carry out the additional work at a later date.
6.3 We are not responsible for delays outside our control. If our supply of the services 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 services you have paid for but not received.
6.4 Collection of the vehicle. You must be present on the day of collection of the vehicle. You must also ensure that there is sufficient fuel in the vehicle or, where the vehicle is electric, that it is sufficiently charged, to cover a minimum of 50 miles. If the vehicle runs out of petrol at any time, you confirm that we are authorised to refuel the vehicle on your behalf and recover the costs associated with doing so in accordance with clause 11 - Price and Payment. We will use the vehicle registration number that you provide to check whether the vehicle is petrol, diesel or electric.
6.5 Disputes concerning the condition of the vehicle and pre-existing damage. You must make us aware of any pre-existing damage to the interior or exterior of the vehicle before we collect it. We will take photographs of the interior and exterior of the vehicle when we collect and return it. In the event of any dispute in respect of the condition of the vehicle, the photographs we take will be conclusive evidence of the vehicle’s collection.
6.6 When the vehicle is returned. We will agree during the booking process what will happen on return of the vehicle once the services are complete. We will either arrange a time for us to meet in person at the address from which we collected the vehicle in order to return the keys or post your keys through your letter box in a tamper-proof sealed bag. We will notify you of our arrival and reserve the right to post your keys through your letter box if after a ten minute period you do not appear to be at the location we agreed to meet at.
6.7 If you do not allow us access to collect or return your vehicle. If you do not allow us access to your property to collect or return your vehicle as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result (including costs associated with storing your vehicle elsewhere). If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 9.2 will apply.
6.8 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 services to you, for example, your address, your vehicle registration number, email address, payment card details and telephone number. We will ask for this information when you place your booking. 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 (and clause 9.2 will apply) 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 services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
6.9 Reasons we may suspend the supply of services to you. We may have to suspend the supply of services to:
(a) deal with technical problems or make minor technical changes;
(b) update the services to reflect changes in relevant laws and regulatory requirements; or
(c) make changes to the services as requested by you or notified by us to you (see clause 5).
6.10 Your rights if we suspend the supply of services. We will contact you in advance to tell you we will be suspending supply of the services, unless the problem is urgent or an emergency. If we have to suspend the services for longer than 48 hours in any 2 week period we will adjust the price so that you do not pay for services while they are suspended. You may contact us to end the contract for services if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 48 hours and we will refund any sums you have paid in advance for the services in respect of the period after you end the contract.
7. YOUR RIGHTS TO END THE CONTRACT
7.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get a service re-performed or to get some or all of your money back), see clause 10;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.2;
(c) If you have just changed your mind about the product, see clause 7.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
(d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 7.6.
7.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any services which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the services or these terms which you do not agree to (see clause 5.2);
(b) we have told you about an error in the price or description of the services you have requested and you do not wish to proceed;
(c) there is a risk that supply of the services may be significantly delayed because of events outside our control;
(d) we have suspended supply of the services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 48 hours; or
(e) you have a legal right to end the contract because of something we have done wrong.
7.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most goods and services bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
7.4 When you don't have the right to change your mind. You do not have a right to change your mind in respect of services, once these have been completed, even if the cancellation period is still running.
7.5 How long do I have to change my mind? You have 14 days after the day we accept your booking. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
7.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 7.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for services not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
8. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
8.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Phone or email. Call customer services on 0800 689 0451 or email us at email@example.com. Please provide your name, home address, details of the booking and, where available, your phone number and email address.
(b) Online. Complete the form on our website.
(c) By post. Print off the form at the end of these terms and post it to us at the address on the form. Or simply write to us at that address, including details of the services you requested, when you placed your booking and your name and address.
8.2 How we will refund you. We will refund you the price you paid for the services including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
8.3 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind, we may deduct from any refund an amount for the supply of the services for the period for which they were supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
8.4 When your refund will be made. If you are exercising your right to change your mind then 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 at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services, for example, you do not complete the booking form correctly or provide correct vehicle, address or other contact details;
(c) you do not, within a reasonable time, allow us access to your premises to collect your vehicle;
(d) we suspect that you are not, or do not have the permission of, the owner of the vehicle;
(e) you have deliberately withheld known issues with the vehicle; or
(f) we suspect that you are acting, or you otherwise provide instructions which, in our reasonable opinion are contrary to applicable laws, statutes, regulations and codes from time to time in force.
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 services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10. IF THERE IS A PROBLEM WITH THE SERVICES
10.1 How to tell us about problems. If you have any questions or complaints about the services, please contact us. You can telephone our customer service team at 0800 689 0451 , by emailing us at or write to us at firstname.lastname@example.org or writing to us at 4 Vicarage Drive, Dukinfield, Cheshire, SK16 5LE.
10.2 Summary of your legal rights. We are under a legal duty to supply services that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the services. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says:
a) You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.
b) If you haven't agreed a price beforehand, what you're asked to pay must be reasonable.
c) If you haven't agreed a time beforehand, it must be carried out within a reasonable time.
11. PRICE AND PAYMENT
11.1 Where to find the price for the services. The price of the services (which includes VAT) will be the price indicated on the confirmation page when you placed your booking and in the statement of work where additional work is recommended by our affiliate garages. We take all reasonable care to ensure that the price of the services advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the services.
11.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your booking date and the date we supply the services, we will adjust the rate of VAT that you pay, unless you have already paid for the services in full before the change in the rate of VAT takes effect.
11.3 Fuel costs. In the event that there is insufficient fuel in the vehicle when we collect it, we will refuel the vehicle as set out in clause 6.4 in order to enable us to provide the services. You hereby authorise us to incur fuel costs up to a maximum of 50 miles worth of fuel and [you agree to pay the price for such fuel as [specified in our invoice] (which shall be payable by you by a further invoice payable within 14 days)
11.4 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the services may be incorrectly priced. We will normally check prices before accepting your booking. However, where the correct price is less than the price stated to you, we will charge the lower amount. If the correct price is higher than the price stated to you, we will contact you for your instructions.
11.5 When you must pay and how you must pay. We accept payment by PayPal and most credit or debit cards. You must pay the price stated on the website in full, before we start providing the services. If, there are any further sums to pay, we will let you know what they are and you must pay them in full before we carry out any additional work.
11.6 We can refuse to provide the services where payment is rejected. Where we have accepted an order from you and have received payment, if the payment is subsequently refused or rejected then we reserve the right to refuse to perform any further or unfulfilled part of the services you have requested.
11.7 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 4% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis 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.
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, 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.
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; and for breach of your legal rights in relation to the services as summarised at clause 10.2.
12.3 We are not liable for business losses. We only supply the services for domestic and private use. 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
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 guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
14.3 Nobody else has any rights under this contract. 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 the 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 services, 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 services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the services 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, disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
SCHEDULE - MODEL CANCELLATION FORM
(Complete and return this form only if you wish to withdraw from the contract)
To: Overnight Group Ltd, 4 Vicarage Drive, Dukinfield, SK16 5LE.
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract for the supply of overnight car repair, servicing, MOT and valeting services,
Ordered on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate
© Crown copyright 2013.