These Terms and Conditions (“Terms”) describe the rights and responsibilities of you and us in relation to your purchase of a vehicle through this website. Please read them carefully as they represent a legally binding agreement between you and us (John Clark (Holdings) Ltd or any subsidiary companies thereof). Any purchase of a vehicle on this website is subject to these Terms.
On our website you can search our range of new and used vehicles. Once you have made your choice, you can pay for your car outright, or finance it by applying for a finance package online. You can part-exchange your existing vehicle and put the money towards the deposit for your new car. There is also an option to reserve a car for up 48 hours by paying a fully refundable deposit on it.
The John Clark Motor Group On line Sales Website is only applicable to customers that are resident in the United Kingdom and over the age of 18.
The prices displayed on our site are inclusive of VAT.
At the beginning of the order process, you will be asked to confirm your preferred payment method (PCP, HP, Pay in Full, Reservation Fee).
Once you have selected your car, you will then receive a quote based on your preferred payment method (but you can also choose to review quotes for other methods).
If you decide to proceed with your purchase and you have decided to pay in full, you will be asked to put in your personal and payment card details to complete the process (see the ‘Paying in Full’ section below).
If you choose to purchase a vehicle and you have selected a finance option, you will be asked to complete a finance application online (see the ‘Buying with Finance’ section below).
If you decide to reserve a vehicle by paying a reservation fee, you will be asked to enter your personal and payment card details (see the ‘Paying a Reservation Fee’ section below).
If you would prefer not to use the online process but would still like to purchase one of the vehicles shown, please contact the dealership that stocks the vehicle you are interested in or email direct.enquiry@jcmg.co.uk
If you decide to place an order and buy on finance, you will be asked to enter your personal details and address, and then fill in a finance application online. You must be over 18 to apply for finance, and acceptance is subject to status. In some circumstances a guarantee may be needed.
When you click “submit application”, we send your information to Black Horse Limited / Alphera Financial Services via Codeweavers (our finance technology provider) who will review your eligibility for the finance package requested. As part of this review, Credit Checks will be carried out with the finance lenders preferred credit reference agency. Please note that if you apply for a finance package but are unsuccessful this may affect your credit rating and/or credit score. The same applies if your application is successful but we are unable to confirm your order, and you choose not to proceed with an alternative vehicle.
If your finance application has been successful you will be notified on screen, but please note that this does not mean that your order has been accepted. Your order merely constitutes an offer to enter into your chosen finance package, subject to these Terms and the terms of the finance agreement. Even if your finance application is approved, there may be circumstances in which we are unable to accept your order. If this is the case, we will inform you of this by email. This might be because the vehicle has already been sold, because we have identified an error in the price or description of the vehicle, because we are unable to meet a delivery deadline you have specified or because we suspect the transaction may be fraudulent or for any unforeseen incident that has been out with of our control. In some circumstances Black Horse Finance/Alphera Financial Services may ask you to complete additional customer checks prior to agreeing your finance agreement. This could include (but not be limited to), identity checks, confirmation of personal details such as date of birth or address, evidence of affordability. In this instance we will make you aware of any evidential documentation that is required. You will be asked to meet these requirements before Black Horse Finance/Alphera Financial Services can proceed with your finance application.
If your application has not been successful we will contact you verbally, and via email, to notify you that your application has been declined. With your permission, we will seek an alternative lender.
We will be in touch with you by email or phone regarding the next steps required to complete your purchase. These steps will include signature of your finance agreement, payment of any deposit, and if applicable, arrangements regarding the part-exchange of your vehicle.
Once we and Black Horse Finance/Alphera Financial Services have confirmed acceptance of your offer, you will be sent an order confirmation by email. At that point a contract will be formed between you, us and Black Horse Finance/Alphera Financial Services for the finance and use of your new vehicle.
After we have received all necessary documentation to complete your finance application (as required by Black Horse Finance/Alphera), and paid out your credit agreement, a contract will be formed between you (the customer), us (John Clark (Holdings) Limited and any subsidiary companies thereof) and Black Horse Finance/Alphera for the finance and use of your vehicle.
After we have received all necessary documentation to complete your finance application (as required by Black Horse Finance/Alphera), and paid out your credit agreement, a contract will be formed between you (the customer), us (John Clark (Holdings) Limited and any subsidiary companies thereof) and Black Horse Finance/Alphera for the finance and use of your vehicle.
At the John Clark Motor Group, we aim to make ownership simple and straightforward. To help us do this, we can offer a Hire Purchase (HP) finance agreement to all potential buyers on any Approved Used car.
HP Explained:
Available for private individuals, partnerships and limited companies, Hire Purchase is a popular and simple finance option. It offers you fixed monthly payments and you can choose a term and pay a deposit that best suits your personal circumstances
Once you've agreed your deposit and term you then pay a set number of monthly repayments that include your borrowings and interest. Once you pay your final payment and option to purchase fee then you own the vehicle outright.
Suitable if you want unlimited mileage, you want to own the car outright at the end of the contract and you want to choose a deposit, term and your regular monthly payment.
Available for private individuals, partnerships and limited companies. PCP offers fixed regular payments and protection against falls in the used car value over the term because there is a Guaranteed Minimum Future Value at the end.
You simply agree your deposit, let us know how many miles the car will cover each year and how long you'd like the agreement to run for. You then make fixed monthly repayments that include your borrowings and interest and when you get to the final repayment you have 3 choices
Option 1 - Replace. Choose another vehicle and another tailored finance package and use any excess value over the final payment towards your next deposit
Option 2 - Retain. Pay the final payment and you own the car outright.
Option 3 - Return. Hand back the vehicle with nothing more to pay (subject to mileage and condition)
Suitable if you want fixed affordable monthly payments, you want options at the end of the contract and you want protection against the fall in used car values
If you decide to place an order and pay in full, you will be asked to enter your personal details, address and payment card information. When you click on “Submit Payment”, the full purchase price will be debited from your payment card immediately.
After placing an order, you will receive an email from us that acknowledges our receipt of your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy the vehicle. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms all of the relevant details of your order (the "Order Confirmation"). The contract between you and us will only be formed when we send you the Order Confirmation. We will inform you of the next steps required to proceed to handover after the Order Confirmation, including arrangements regarding any part-exchange vehicle. If we are unable to accept your order, we will inform you of this by email. This might be because the vehicle has already been sold, because we have identified an error in the price or description of the vehicle, because we are unable to meet a delivery deadline you have specified, or because we suspect the transaction may be fraudulent. If we are unable to accept your order, we will refund your money in full as soon as possible, usually within 5-10 days. If required we would consider refunding your payment in less than 5 days, however this would be at the discretion of John Clark Motor Group Limited as it is out with the normal process.
If you choose to reserve a car by paying a reservation fee, you will be asked to enter your personal details, address and payment card information. When you click on “submit payment”, the amount of the reservation fee will be debited from your payment card immediately.
After paying a reservation fee, you will receive an email from us that acknowledges receipt. Please note that this does not mean that your reservation has been accepted. All reservations are subject to acceptance by us, as we need to check that the car has not already been sold or reserved by someone else. We will confirm our acceptance of your reservation by sending you a confirmation email (the "Reservation Confirmation").
Your vehicle will be reserved for 48 Hours. We will be in contact with you to discuss the next steps required to
complete your purchase. We will require a signed order form within the 48 to secure the vehicle beyond the 48 hour time frame.
If you decide not to purchase the vehicle, you can request a refund of the reservation fee at any time by contacting the dealership stocking the vehicle you have reserved. You will be required to put your request into writing for our records. Your payment will be refunded usually within 5 to 10 working days. Your payment will be refunded in full, usually within 5-10 days.
If you decide that you would like to make a change to your car after you have placed the order, please let us know as soon as possible by contacting us at the dealership that you placed the order with. At our discretion we may present you with a new order proposal accommodating the changes. This proposal will take account of any resulting changes to your finance package and delivery/collection date. If you choose to accept the new proposal, your previous order will be cancelled. If you do not communicate your acceptance of the new proposal to us within the required timeframe, we will continue to fulfil your original order.
Please note that we cannot agree to all requests for changes to vehicles. We will contact you to discuss possible options in these circumstances, but we will be entitled at our discretion to hold you to your original order.
If you have paid for your car in full:
If you change your mind about an order for a vehicle that you have placed online, you can cancel your order at any time before delivery. Please notify us of your decision by sending a clear written statement of your intent to the dealership that you have placed the order with or complete a copy of our cancellation form.
You may also cancel your order up to 14 days after delivery. However, please note the following important information:
- You must return the vehicle to us at your own expense, or alternatively you can opt to pay us to collect the vehicle from you.
- Although you are entitled to test drive the vehicle on delivery, if the vehicle loses any value as a result of handling by you which is not necessary to establish the nature, characteristics and functioning of the vehicle (for example, if you damage it or run up excessive mileage), we will be entitled to deduct the reduction in value from any reimbursement.
- If you have part-exchanged your old vehicle, we will repay to you the value we assigned to the vehicle as part of your purchase, less any payments we have had to make to clear any outstanding finance.
If you cancel your purchase, your part exchanged vehicle can be returned as long as it has a) not already been sold/disposed of and/or b) would not cause financial detriment to John Clark (Holdings) or subsidiary company thereof.
If you originally chose to have the vehicle delivered to you, rather than to collect it from us, we will not reimburse any delivery costs.
If you wish to cancel after delivery, please notify us of your decision by sending a clear statement of your intent to the dealership that you collected the vehicle from or complete a copy of our cancellation form. We will reimburse all payments due (subject to any relevant deductions as noted above) within 14 days of the vehicle being returned, using the same means of payment as you used for the initial transaction (unless we agree otherwise between us).
If you have purchased your car on finance either PCP or HP with one of our finance partners, we will liaise with our partner to revert your finance agreement. In order to do this we must receive notification in writing of your desire to cancel your purchase and your finance agreement within 14 days of your finance being activated. Please note that you will be liable for any cancellation charges incurred as a result of unwinding the agreement.
Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
There are a number of ways you can buy a car from the John Clark Motor Group(JCMG): you may visit a showroom, make a telephone order, buy online or make an email order. The method of purchase you choose determines the type of contract that is formed between you and John Clark (Holdings) Limited or any subsidiary companies.
On Premises Contract
If you buy in person from a representative of JCMG at JCMG business premises, for example in a showroom, this is referred to as an ‘on-premises contract’.
Distance Contract
- If you are addressed in person by a representative of JCMG not at a JCMG business premises & the offer to purchase (completion of an order form) was not made at JCMG business premises, this will be a Distance Contract.
- If you purchase a vehicle without ever dealing in person with a JCMG representative, for example cars bought online or over the telephone, this is also known as a ‘distance contract’.
The type of contract entered into has important implications for your rights as a purchaser. If you have any doubt over which of the above contracts you are entering into, please consult a member of our team.
If you purchase a vehicle by way of a distance contract, and subsequently decide the vehicle is not suitable, you will have 14 days from receipt of the vehicle in which to notify us of your decision to cancel the contract. Such notification must be in writing by clear statement (e.g. a letter sent by post or email) to the dealership you placed the sales order with. Once you have provided us with notification of cancellation, you must immediately cease use of the vehicle. You must take reasonable care of the vehicle and will be responsible for any loss or damage from when it is delivered to you until when it is returned to us.
A cancellation form is provided in the schedule to these terms. You are not obliged to use this form, but you must ensure that full details of your order are provided in your written notification of cancellation. In order for your cancellation to be effective, notification of cancellation must be received by us by 5pm on the 14th day from and including the day you received your vehicle. Please note this policy does not apply to bespoke goods made to your specification. Returns in these circumstances are not accepted.
Return delivery of the vehicle will be your responsibility, unless we delivered the goods to you under a distance selling contract, or we have specifically offered to collect it. We may agree to provide a courier to collect the vehicle, but this will be at our discretion, and you will be required to pay for the service. You must return the vehicle as soon as possible, and in any event you must ensure that we receive the vehicle within 14 days of the date of cancellation in order for the cancellation to be effective.
We may withhold reimbursement until we have received the vehicle back or you have sent evidence of having sent back the vehicle to us, whichever is the earliest. You should send back the vehicle or deliver it back to us at the address within your vehicle sales order without undue delay and in any event not later than 14 days after the day on which you communicate your cancellation of this contract to us.
Once we receive the returned vehicle from you, we will process your refund within 14 days, using the same payment method as the original transaction (unless agreed otherwise). If you have handled the goods beyond what is necessary to establish the nature, characteristics and functioning of the goods, the John Clark Motor Group is entitled to make a deduction from the refund to account for any resulting diminishment in value. You are also responsible for the return delivery costs.
In the event that you enter into a finance agreement on JCMG business premises or at the finance company Head Office, your rights on cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 are forfeited and your usual consumer rights apply. However, if you have entered in to consumer credit agreement for amount less than £60,260, you may be entitled to withdraw from your finance agreement within 14 days from when you entered into the consumer credit agreement. However, this right to withdraw applies only to the credit agreement, not the overall contract which means you are still liable to purchase the vehicle and will have to find other ways to pay for them. For full details please refer to the terms and conditions within your consumer credit agreement.
Please note that the 14 day period begins the day after the date the agreement is made or the day on which you receive either a copy of the executed agreement (or confirmation of execution in some cases) whichever is the later.
On our website you may obtain a valuation for your current vehicle by entering the registration number. The value of the vehicle may then be applied towards the deposit for the vehicle you are purchasing. If there is finance outstanding on your vehicle, we will settle this and any remaining value will be put towards your deposit. If the outstanding finance is more than the value of your car, you will need to settle it yourself before handover.
You will be notified prior to handover if there is any additional information that we require for your part exchange. Once the part exchange is handed to us, we will be the owners of said vehicle.
You will need to hand over your part exchange vehicle on delivery or collection of your new car. At the same time, you must give us the logbook (V5 registration certificate), service history, MOT certificate (if applicable) and all sets of keys. When you hand over your vehicle, the title to it will pass to us.
Our representative will inspect the vehicle before handover. If the condition, mileage or other valuation parameter of the vehicle is not as described by you upon valuation, we will have the right to adjust the value of the vehicle. If this results in a deficit of the amount due to us for your new vehicle, you will be required to make up the shortfall before your new vehicle is handed over to you. We will discuss available options, which may include payment by debit or credit card, or adding the shortfall to your finance (if applicable). If you choose to add any finance shortfall to a finance agreement, the modified finance agreement may not be accepted immediately and could require further underwriting by the finance provider. This could result in a delivery delay of your purchased vehicle and could incur additional delivery charges. If you cancel your purchase, your part exchanged vehicle can be returned to you if it has not already been sold or disposed of by John Clark (Holdings) or any subsidiary companies thereof and/or retaining the vehicle would cause financial detriment to John Clark (Holdings) or any subsidiary companies thereof.
In the event of cancellation, we will repay to you the value of the vehicle we assigned to the part exchanged as part of your purchase, less any payments we have had to make to clear any outstanding finance. If you originally chose to have the new vehicle delivered to you, rather than to collect it form us, we will not reimburse any delivery costs.
During the online order process, you will be asked to choose how you would like to receive your vehicle. You will be given the following options:
- collection from the dealership where the car is currently located;
- collection from another dealership within the group; or
- delivery to your home address (which must be the same as the billing address for the card used to pay for the car, or the address on your finance agreements, as applicable).
Costs and lead-in times will be displayed for each option. These are estimated lead-in times only and we cannot promise to have the car ready within those timeframes. The actual collection or delivery date will be confirmed by email or telephone.
Any delivery fees will need to be paid for upfront prior to delivery. You will be contacted by the dealership once the delivery date is confirmed and they will organise payment with you.
Please note that if you have opted for delivery while paying in full or applying for finance online, your delivery charge will be included in your online payment.
If you have chosen to have the vehicle delivered, please note that the mileage on handover will include the additional mileage covered by the driver. It is your responsibility to ensure adequate parking at the delivery location.
At the point of handover, we require a valid insurance certificate. If your present insurance is not 'open' (i.e. had no registration number), then you must obtain a new cover note, correctly dated, from your broker. No Photo copies of cover notes will be accepted.
If taking finance, please bring your full UK Driving License which must show your current address. Finance agreement will be activated prior to vehicle collection, you will be advised if you need to bring any further proof of identification.
Your account - You have the option to set up an account on our service if you are buying on finance (“My Account”). This will allow you to access and/or change your saved vehicle and/or finance configurations and update or change your personal details. Where you create an account, you will be asked to provide an email address and password. You may also set up an account with us using your log-in details from third-party services approved by us (e.g. Facebook and Google) and you give us permission to access and use your information from that service as permitted by that service.
We will use the information provided in accordance with the Privacy Policy. Our full GDPR privacy policy can be viewed here
In all cases, you are responsible for your account, including making sure that your details are correct and kept up-to-date and ensuring that your password is secure. You are also responsible for all activity that takes place on your account. You must not share your account with any other person.
Payments are processed securely by our payment processor partner, Stripe (and its global affiliates). If you are paying in full, or paying a reservation fee, you will need to enter your debit or credit card information. Stripe accepts Visa, Mastercard and American Express. You warrant that you have appropriate authority to use the payment card details which you enter. By entering your debit or credit card information, you agree to use of that information by Stripe for the purpose of paying the amount due and processing your payment.
The John Clark Motor Group online sales platform represents a number or brands and each of these brands have different used car manufacturer warranties.
Please refer to the dealership that is currently stocking your preferred vehicle to understand what warranty is offered. Please note the following:
Clark Motorchoice Vehicles Warranty Policy - All vehicles outwith of manufacturer warranty or with less than 3 months remaining on the warranty will be supplied with a 3 month Parts and Labour Warranty (restricted at £500 limit).
John Clark Select Warranty Policy - All vehicles outwith of manufacturer warranty or with less than 3 months remaining on the warranty will be supplied with a 6 month Parts and Labour Warranty (restricted at £500 limit and no warranty claims within the first 21 days).
Please note serviceable items and general wear and tear of your vehicle are not covered under warranty.
The Consumer Rights Act 2015 applies to all used cars purchased at John Clark (Holdings) Limited and any subsidiary company thereof. In summary, it states that the car must be 'of satisfactory quality', 'fit for purpose', and 'as described'.
Please visit the Citizens Advice Bureau for further information https://www.citizensadvice.org.uk/about-us/how-citizens-advice-works/citizens-advice-consumer-work/the-consumer-rights-act-2015
We aim to help customers wherever possible, however on occasions customers may remain dissatisfied with the outcome and the explanation we have provided. In this instances we recommend that customers contact The Motor Ombudsman. The Motor Ombudsman is the automotive dispute resolution body. You can contact them via https:www.themotorombusman.org or on their advice line 0345 241 3008. Their decision will be legally binding on both the John Clark (Holdings) Ltd and any company subsidiaries thereof and you the consumer.
Complaints and Dispute Resolution
What to do if you have a complaint ?
We work hard to ensure that the finance and insurance services we offer are fair and that our communication to our customers is clear. However if you are unhappy with either service please contact : John Sampson, Director of Finance and Insurance, John Clark ( Holdings ) Limited, Alliance Centre, Greenwell Road, Aberdeen, AB12 3AX. Telephone : ( 01224 ) 407407.
If you cannot settle your complaint with us, you may be entitled to refer it to the Financial Ombudsman Service.
Are we covered by The FSCS ?
We are covered by the FSCS. You may be entitled to compensation from the scheme if we cannot meet our obligations. This depends on the type of business and the circumstances of the claim. Insurance advising and arranging is covered for 100% of the first £2000 and 90% of the remainder of the claim, without any upper limit.
Further information about compensation scheme arrangements is available from the FSCS.
Alternatively, you can use the EU’s online dispute resolution platform to make a complaint and have it resolved by an independent dispute resolution body. Please click on this link for further information.
Our full GDPR privacy policy can be viewed here
We will not be liable to you if any failure or delay in our performance under these Terms is caused by circumstances beyond our reasonable control (such as acts of God, war, terrorism or industrial action). No other person has any right to enforce any of these Terms. Any waiver of any provision of the Terms will be effective only if in writing and signed by us. Each of the paragraphs in these Terms operates separately. If any
courts or relevant authority decide that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect. Any rights not expressly granted herein are reserved.
These Terms and your use of the Service, including any dispute or claim (whether in contract, tort or otherwise) arising out of or in connection with them, will be governed by English law. We both agree that the courts of England and Wales shall have exclusive jurisdiction over any such dispute or claim. However, we acknowledge that in certain cases, if you are purchasing as a consumer, applicable law may allow you to bring a claim (or be sued) in your own jurisdiction.
