TERMS OF USE

 

 

 

AGREEMENT TO TERMS

 

This agreement applies as between you, the User of this website (www.honcarservice.co.uk) and Hon Car Service Ltd of 79 Captains Place, Southampton, England, SO14 3TF, the operator(s) of this website.  Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the website. If you do not agree to be bound by these terms and conditions, you should stop using the website immediately.

 

You agree that by accessing the website, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using the website and you must discontinue use immediately.

Supplemental terms and conditions or documents that may be posted on the website from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. 

 

It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the website after the date such revised Terms and Conditions are posted.

 

  • Intellectual Property

  • All Content included on the website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Hon Car Service, our affiliates or other relevant third parties.  By continuing to use the website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other relevant laws.

  • You may not reproduce, copy, distribute, store or in any other fashion re-use material from the website unless otherwise indicated on the website or unless given express written permission to do so by Hon Car Service.

 

  • Links to Other websites

This website may contain links to other sites.  Unless expressly stated, these sites are not under the control of Hon Car Service or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them.  The inclusion of a link to another site on this website does not imply any endorsement of the sites themselves or of those in control of them.

 

  • Basis of Service

  • Hon Car Service`s employees or agents are not authorised to make any representations concerning the Services unless confirmed by Hon Car Service in writing. 

  • In entering into the Contract, the Customer acknowledges that it does not rely on, and waives any claim for breach of, any such representations which are not so confirmed.

  • No variation to this Agreement shall be binding unless agreed in writing between the authorised representatives of the Customer and Hon Car Service.

  • When using either the Hon Car Service website or calling Hon Car Service by phone to make a booking you represent that you are at least 18 years of age, and if you live in another state or country, you are of the age necessary to enter into contracts according to the laws of your home state or country.

  • Sales literature, price lists and other documents issued by Hon Car Service in relation to the Services are subject to alteration without notice and do not constitute offers to sell the Services which are capable of acceptance.

  • An booking made by the Customer may not be withdrawn cancelled or altered prior to acceptance by Hon Car Service and no contract for the sale of the Services shall be binding on Hon Car Service unless Hon Car Service has issued a quotation which is expressed to be an offer to sell the Services or has accepted an order placed by the Customer by whichever is the earlier of:

    • Hon Car Service`s written acceptance; 

    • performance of the Services; 

    • or Hon Car Service`s invoice.

  • Any typographical, clerical or other accidental errors or omissions in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by Hon Car Service shall be subject to correction without any liability on the part of Hon Car Service.

 

  • Booking process and conclusion of contract

  • The customer can select services from the Hon Car Service's range in a so-called booking form by clicking the "Book Now" button. 

  • By clicking the "Book Now" button, the customer makes a binding offer to purchase the services. Before pressing the button "Book Now" button, the customer can change and view the data in the booking form at any time or cancel the booking process altogether.

  • After pressing the button "Pay Now", Hon Car Service shall send the customer an automatic booking confirmation by e-mail or SMS, in which the customer's booking is listed again. The customer can print this booking confirmation via the "Print" function. The booking confirmation does not constitute an acceptance of the customer's booking, but only confirms that Hon Car Service has received the customer's booking.

  • A valid contract between Hon Car Service and the customer is only concluded upon the transmission of an booking confirmation to the customer. In the period between the submission of a binding offer until the receipt of the booking confirmation, but for a maximum period of 72 hours, the customer remains bound to his offer. Hon Car Service will declare within this period whether the customer's offer is accepted. 

 

  • Hon Car Service's right of withdrawal

  • The customer agrees that Hon Car Service may withdraw from the contract without being obliged to compensate any damages, in particular in the following cases. Hon Car Service may exercise the right of withdrawal informally during the collection of the vehicle, or before the collection of the vehicle by means of a written declaration (e-mail or SMS is sufficient):

    • in the opinion of Hon Car Service, the vehicle subject to the contract is too badly damaged or not suitable for the agreed service to be carried out as agreed;

    • in the opinion of Hon Car Service, the vehicle subject to the contract does not meet the safety or other requirements that can usually be expected of a vehicle registered for road traffic;

    • in Hon Car Service's opinion, there are indications that the customer is not the owner of the vehicle or a person authorised or entitled to dispose of the vehicle by the owner;

    • Hon Car Service believes that there are other indications that the vehicle is connected to a criminal offence;

    • in the opinion of Hon Car Service, there are important reasons why the proper fulfilment of the service and/or the processing and execution of the contract cannot be expected.

  • In the event of withdrawal, Hon Car Service will reimburse the customer 100% of any payments already made, minus any expenses incurred by Hon Car Service.

 

  • Prices and service costs

  • All prices and service costs stated on the Seller's website are inclusive of the applicable statutory value added tax.

  • Hon Car Service reserves the right, by giving notice to the Customer at any time before delivery, to increase the price of the Services to reflect any increase in the cost to Hon Car Service which is due to any factor beyond the control of Hon Car Service (such as, without limitation, any foreign exchange fluctuation currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of transportation), any change in performance dates, quantities or specifications for the Services which are requested by the Customer, or any delay caused by any instructions of the Customer or failure of the Customer to give Hon Car Service adequate information or instructions. 

  • The price is exclusive of any applicable value added tax excise, sales or taxes or levies of a similar nature which are imposed or charged by any competent fiscal authority in respect of the Services, which the Customer shall be additionally liable to pay to Hon Car Service.

 

  • General information on the provision of services, service descriptions

  • All service descriptions in catalogues as well as on the website of Hon Car Service do not have the character of an assurance or guarantee. All contracts concluded between Hon Car Service and the customer are service contracts. 

  • If the service is not provided or fails due to the fault of the client or due to reasons within the client's influence (e.g., no-show on collection), Hon Car Service may withdraw from the contract without granting a grace period. In this case Hon Car Service is entitled to demand 50% of the agreed fee from the client.

  • Hon Car Service is entitled to hire a subcontractor (Mechanic, service station) to provide the service on behalf of the customer. If the provision of the agreed service is not possible for reasons for which the subcontractor is responsible (delivery problems, etc.), Hon Car Service may withdraw from the contract without compensation. In this case, Hon Car Service will inform the client immediately and, if necessary, propose the provision of a comparable service. If no comparable service is available or if the customer does not wish a comparable service, Hon Car Service will - if possible - commission another subcontractor with the service on behalf of the customer or withdraw from the contract.

 

  • Collection of the vehicle

  • The collection of the vehicle from the customer will take place within the timeframe agreed between the customer and Hon Car Service. Hon Car Service will endeavour to comply with the agreed time periods. Hon Car Service will inform the customer of any delay that occurs. If the customer fails to appear at the time of collection of the motor vehicle, Hon Car Service will refund the customer 100% in the event of withdrawal, less any payments already made by Hon Car Service to the subcontractor and any expenses already incurred by Hon Car Service.

  • The customer agrees to remove all valuables that are not permanently attached to the vehicle from the vehicle prior to Hon Car Service taking possession of the vehicle. Hon Car Service is not liable for the loss of valuables left in the vehicle by the client. 

  • The customer undertakes to hand over the registration certificate to Hon Car Service when handing over the vehicle. In case of a police check, Hon Car Service shall be in possession of all necessary vehicle documents. If Hon Car Service suffers damage due to incomplete vehicle documents, defective or missing equipment of the vehicle or if the vehicle is not in a roadworthy condition, Hon Car Service will charge this damage to the customer.

  • Hon Car Service will make a picture documentation (photo or video) of the vehicle to be taken over in the course of the collection of the vehicle. This measure is necessary in order to exclude misunderstandings with regard to any existing damage to the vehicle to be taken over and thus corresponds to a legal interest of Hon Car Service. For this purpose. Hon Car Service will store these images until the statute of limitations for threatened claims for damages and warranty claims has expired. The customer declares his express consent to this procedure. The customer confirms that he/she has received the information required by the GDPR or agrees to receive this information upon collection of the vehicle.

  • A handover protocol will be drawn up between Hon Car Service and the customer upon collection of the vehicle or online, which will identify any damage to the vehicle. The customer is obliged to actively point out any damage to the vehicle and not to conceal any damage or defect to the vehicle from Hon Car Service, in particular those that impair its functionality. The damage recorded in the handover protocol shall be deemed to have been objectified between the parties. However, the customer may not subsequently invoke a conclusive character of the defects recorded in the handover report. The handover report shall also record those areas which cannot be conclusively examined for any damage due to, for example, dirt on the vehicle.

 

  • Return of the vehicle

  • The customer and Hon Car Service agree on a period of time within which the vehicle is to be returned. However, the customer acknowledges that the exact duration of the work to be carried out by the subcontractor or the services to be performed by Hon Car Service itself cannot be agreed upon or predicted with sufficient certainty in all cases, and that unforeseeable delays may also occur in inner-city traffic.

  • Hon Car Service will endeavour to meet agreed dates for the return of the vehicle. However, if unforeseen circumstances arise that make it impossible to meet the deadlines, Hon Car Service will provide the customer with a new date for the service/restitution. Hon Car Service will inform the customer in due time about the expected date of the actual return of the vehicle and about delays by e-mail, SMS or telephone. The customer declares to waive claims for compensation, unless the delay is due to grossly culpable or intentional behaviour on the part of Hon Car Service. The amount of the claim for compensation is limited to the amount of the fee agreed for the service.

  • The customer is generally obliged to be personally present at the return of the vehicle on the agreed date of handover or on the date specified.

  • Hon Car Service and the customer shall also sign a handover protocol upon return of the vehicle. Upon return of the vehicle, the customer must inspect the vehicle and immediately report any damage or defects in the service provided. Later complaints cannot be considered.

  • Hon Car Service will take pictures of the vehicle when it is returned in order to avoid any misunderstandings regarding possible damage to the vehicle. Hon Car Service will store these images until the statute of limitations for potential claims for damages and warranty claims has expired. 

  • Should the customer so desire, Hon Car Service will park the vehicle at a location specified by the customer and deposit the keys at a location specified by the customer at the customer's risk and expense. The customer acknowledges and agrees that Hon Car Service will also create a photo documentation of the vehicle in this case in order to exclude any misunderstandings regarding possible damages to the vehicle. Hon Car Service will store these images until the statute of limitations for potential claims for damages and warranty claims has expired. A handover protocol is not required in this case. However, the customer is obliged to notify Hon Car Service of any damage or defects in the service provided to the vehicle within three working days.

 

  • Pick-up & delivery service

  • Hon Car Service offers a pick-up and delivery service to take the customer's vehicle to a Mechanic and then return it to the customer. The customer remains completely in control over the selection of the desired Mechanic and its commissioning. The date, type and scope of the service and any deviations / additions to the originally agreed service of the Mechanic that subsequently emerge are agreed exclusively directly between the customer and the Mechanic.

  • If the Customer has ordered Additional Services, the Customer waives the defence against Hon Car Service that a specific service of the Mechanic was not agreed upon as well as the defence that a specific service of the Mechanic was not properly performed or that an excessive amount was charged by the Mechanic.

 

  • Payment modalities, offsetting prohibition

  • The customer may choose from the available payment methods within the framework of and before the conclusion of the booking process. 

  • Hon Car Service is not liable for non-execution, incorrect execution or late execution of payment transactions. If the customer's account is debited in the course of a payment via an online payment method, but the amount is not received by Hon Car Service, or if other irregularities occur in the course of an online payment, Hon Car Service will refer the customer to the payment service provider selected by the customer during the payment process or to the customer's bank. A payment shall not be deemed to discharge a debt until the amount instructed by the customer is received in Hon Car Service's account.

  • If online payment is not possible, the customer has the option to pay in cash or by card after the service has been provided.

  • If third-party providers are commissioned with payment processing their terms and conditions apply in addition to the present terms and conditions.

  • The customer is only entitled to set-off if his counterclaims have been legally established or acknowledged by Hon Car Service. Cash expenses incurred by Hon Car Service on behalf of the client are in any case excluded from set-off. The customer may only exercise a right of retention if the claims result from the same contractual relationship.

 

  • Customer's Default

  • If the Customer fails to make any payment on the due date then, without prejudice to any other right or remedy available to Hon Car Service, Hon Car Service shall be entitled to:

    • cancel the order or suspend any further performance of Services to the Customer; 

    • appropriate any payment made by the Customer for such of the Services (or the Services supplied under any other contract between the Customer and Hon Car Service) as Hon Car Service may think fit (notwithstanding any purported appropriation by the Customer); and

  • This condition applies if:

    • the Customer fails to perform or observe any of its obligations hereunder or is otherwise in breach of the Contract; or 

    • the Customer becomes subject to an administration order or makes any voluntary arrangement with its creditors or becomes bankrupt or goes into liquidation or an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Customer; or 

    • the Customer ceases, or threatens to cease, to carry on business; or 

    • Hon Car Service reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer and notifies the Customer accordingly.

  • If the above condition applies then, without prejudice to any other right or remedy available to Hon Car Service, Hon Car Service shall be entitled to cancel the Contract or suspend any further performances under the Contract without any liability to the Customer, and if the Services have been performed but not paid for the price shall become immediately due and payable notwithstanding any previous Agreement or arrangement to the contrary.

 

  • Privacy

  • For the purposes of applicable data protection legislation, Hon Car Service will process any personal data you have provided to us in accordance with our Privacy Policy available on the Hon Car Service website or on request from Hon Car Service.

  • You agree that, if you have provided Hon Car Service with personal data relating to a third party (1) you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to Hon Car Service and (2) that you have brought to the attention of any such third party the Privacy Policy available on the Hon Car Service’s website or otherwise provided a copy of it to the third party. You agree to indemnify Hon Car Service in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.

 

  • Disclaimers

  • Hon Car Service makes no warranty or representation that the website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.

  • No part of this website is intended to constitute advice and the Content of this website should not be relied upon when making any decisions or taking any action of any kind.

 

  • Availability of the website

  • The Service is provided “as is” and on an “as available” basis.  We give no warranty that the Service will be free of defects and / or faults.  To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

  • Hon Car Service accepts no liability for any disruption or non-availability of the website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

 

  • Warranties

Hon Car Service warrants to the Customer that: 

    • Hon Car Service will comply with all applicable legal and regulatory requirements applying to the exercise of Hon Car Service`s rights and the fulfilment of Hon Car Service`s obligations under this Agreement;

    • Hon Car Service has or has access to all necessary know-how, expertise and experience to perform its obligations under this Agreement.

    • the work product as provided will conform in all material respects with the accepted quotation; 

    • the work product will be supplied free from Defects;

 

  • Limitation of Liability

  • To the maximum extent permitted by law, Hon Car Service accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the website or any information contained therein. Users should be aware that they use the website and its Content at their own risk.

  • Nothing in these terms and conditions excludes or restricts Hon Car Service’s liability for death or personal injury resulting from any negligence or fraud on the part of Hon Car Service.

  • Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977.  However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions.  This term shall apply only within jurisdictions where a particular term is illegal.

  • Except in respect of death or personal injury caused by Hon Car Service`s negligence, Hon Car Service will not by reason of any representation, implied warranty, condition or other term, or any duty at common law or under express terms of this contract, be liable for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by Hon Car Service`s servants or agents or otherwise) which arise out of or in connection with the supply of the Services.

  • The Customer shall indemnify Hon Car Service against all damages, costs, claims and expenses suffered by arising from loss or damage to any equipment (including that of third parties) caused by the Customer, or its agent or employees.

  • Where the Customer consists of two or more persons such expression throughout shall mean and include such two or more persons and each or any of them. All obligations on the part of such a Customer shall be joint and several obligations of such persons.

  • Hon Car Service shall not be liable to the Customer or be deemed to be in breach of this Agreement by reason of any delay in performing, or any failure to perform, any of Hon Car Service`s obligations if the delay or failure was due to any cause beyond Hon Car Service`s reasonable control.

 

  • Communications

  • All communications between the parties about the Contract shall be in writing and delivered by email to the registered email the parties set out in any document which forms part of the Contract, or such other address as shall be notified to Hon Car Service by the Customer.

  • Communications shall be deemed to have been received if sent by email on a Business Day prior to 5.00 pm, at the time of transmission and otherwise on the next Business Day.

 

  • Force Majeure

  • In the event that either party is prevented from fulfilling its obligations under this Agreement by reason of any supervening event beyond its control including but not limited to war, national emergency, flood, weather, weather conditions, earthquake, strike or lockout the party shall not be deemed to be in breach of its obligations under this Agreement. 

  • The party shall immediately give notice of this to the other party and must take all reasonable steps to resume performance of its obligations.

  • The preceding clause shall not apply with respect to strikes and lockouts where such action has been induced by the party so incapacitated. 

  • Each party shall be liable to pay to the other damages for any breach of this Agreement and all expenses and costs incurred by that party in enforcing its rights under this Agreement.

  • If and when the period of such incapacity exceeds 3 months, then this Agreement shall automatically terminate unless the parties first agree otherwise in writing.

 

  • No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

 

  • Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

 

  • Notices

All notices / communications shall be given to us by email to hon@honcarservice.co.uk.  Such notice will be deemed received on a business day and on the next business day if the email is sent on a weekend or public holiday.

 

  • Law and Jurisdiction

These terms and conditions and the relationship between you and Hon Car Service shall be governed by and construed in accordance with the Law of England and Wales and Hon Car Service and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.

 

 

CONTACT US 

 

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at: 

 

HON CAR SERVICE LTD

__________

United Kingdom

Phone: (+44)77 327 37427

hon@honcarservice.co.uk

 
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