Sales Terms and Conditions

1. When you sign the order form, you are agreeing to these terms and conditions. Please read them carefully. If anything is unclear or if you disagree with any part, please ask a staff member at the dealership where you placed your order. Any changes or additions to this Agreement must be confirmed in writing by one of our authorised representatives to be valid. If we agree to change the goods supplied, this will be considered an amendment to this Agreement, not a new agreement.

2. You must provide us with any information required to comply with anti-money laundering legislation and confirm that all information supplied is accurate.

• "We" or "Us" refers to WhateverWheels Limited T/A Whatever Wheels Yamaha, the seller of the goods described on your order form.

• "You" refers to the customer, the purchaser of the goods described on your order form.

• "Goods" refers to the items you are ordering and we are supplying, as detailed on your order form (e.g., motorcycle, scooter, ATV, SBS, accessories).

Accessories

4. Any accessories we fit or supply are covered by the warranty provided by the manufacturer of those accessories.

Delivery

5. Delivery will take place at the dealership specified on your order form unless we have agreed otherwise in writing.

6. We will make every reasonable effort to deliver the Goods by the estimated delivery date. However, we are not responsible for any compensation or losses (including changes in part-exchange valuation) resulting from delays caused by circumstances beyond our control. If such a delay occurs, we will contact you to agree on a new delivery date.

7. If we fail to deliver the Goods within 28 days of the estimated delivery date, you may write to us, requiring delivery within seven days from the date we receive your notice. If the Goods are still not delivered within those seven days, this Agreement will be cancelled, any deposit you paid will be fully refunded, and neither party will have any further obligations to the other.

Cancellation / Withdrawal (Excluding Statutory Rights)

8. If you choose to cancel or withdraw from this Agreement for any reason other than those where you have a legal right to cancel (e.g., due to our breach, a significant price increase, or under Distance Selling Regulations), any deposit you have paid may be forfeited and not refunded. If you fail to take and pay for the Goods within 14 days of being notified that they are ready for delivery, we will consider the Agreement cancelled and your deposit may not be refunded. This does not prevent us from seeking damages for any loss or expense incurred due to your cancellation.

o Transportation Charges: Any non-refundable charges we incur for third-party courier transportation services that were booked and pre-paid at the time of your order will not be refunded if you cancel.

o Vehicle Saving Account: If you cancel a specific "vehicle saving account" arrangement, any monies saved may be made available as a store credit if the product(s) have not yet been processed. If the ordered product(s) are ready for collection, no alternative offer will be made on that product.

Ownership and Your Responsibility

9. The Goods will legally belong to WhateverWheels Limited T/A Whatever Wheels Yamaha until we have received full cleared payment for the total purchase price. However, you will be responsible for any loss or damage to the Goods from the moment they are delivered to you, and you should arrange appropriate insurance from that time.

10. If the Goods you have ordered are new goods, the following conditions apply:

11. Pre-Delivery Work & Warranty: We confirm that all pre-delivery work specified by the manufacturer will be completed, and the Goods will be sold with the full benefit of the manufacturer's warranty.

12. Price Alterations: If the manufacturer's recommended price changes after this Agreement is entered into but before delivery, we will notify you of the alteration.

13. Price Increase: If the recommended price increases, we will inform you of the new amount you need to pay. You will have the right to cancel this Agreement within 14 days of receiving notice of the increase, and your deposit will be refunded in full. If you do not notify us that you accept the increase within these 14 days, the increased amount will be added to the final amount to be paid by you.

14. Price Decrease: If the manufacturer's recommended price is reduced, we will notify you of the new, reduced price you will be called upon to pay.

15. Manufacturer Discontinuation: If we are unable to deliver the exact model, specification, or Goods ordered because the manufacturer cannot produce them or ceases production (including due to model year changes), we may cancel this Agreement and refund any deposit you have paid in full.

16. Accessory Unavailability: If we cannot supply any accessory (factory-fitted or otherwise) you ordered, we will contact you and offer either a reasonable equivalent substitute or to remove the accessory from the Agreement and adjust the purchase price accordingly. Beyond this, you will have no further claim against us in respect of our failure to supply any accessory and shall not be entitled to cancel the Agreement.

17. Specification Amendments: Manufacturers reserve the right to amend the published specification of Goods without prior notice.

Delivery Mileage

18. New Goods (Collection): If your new motorcycle, scooter, ATV, or SBS is collected from our premises, the mileage at delivery will generally be less than 10 miles and will not exceed 50 miles.

19. Used Goods (Collection): If your used motorcycle, scooter, ATV, or SBS is collected from our premises, the mileage at delivery will generally be within 100 miles of the mileage shown on your order form.

20. All Goods (Delivery to your Address): If any Goods (new or used) are delivered to your address, the mileage at delivery will be higher than stated by the distance covered during transportation if the vehicle is driven to your location.

21. If you wish to sell us goods in part exchange, and their agreed value is to be deducted from the purchase price of the Goods we supply, the following conditions apply:

o You must be the absolute owner of the part-exchange goods and legally able to transfer ownership to us.

o If there is outstanding finance or another party has an interest in the part-exchange goods, you must settle that interest so that we become the absolute owners upon delivery. Alternatively, if you wish us to clear that interest for you by paying them a sum, the allowance for the part-exchange goods will be reduced by that amount.

22. Condition of Part Exchange: If we have previously inspected your part-exchange goods, or you have verbally described their condition, they must be delivered to us in the same condition, allowing only for fair wear and tear and additional mileage covered between the Agreement date and delivery (pro-rata to mileage covered at Agreement time). If there is any variation in condition, service history, or mileage, we will adjust the part-exchange price accordingly, and you will pay us any additional sum due.

23. Validity of Part Exchange Price: The price offered for your part-exchange remains valid until the date we stipulate (which may be on your order form). If the part-exchange goods are delivered after this stipulated date, we will revalue them based on current market conditions, and you will pay any resulting additional sum. If this delay is due to our delay in delivering your new Goods, please refer back to clause 7.

24. Delivery of Part Exchange: The part-exchange goods must be delivered to us no later than the date you take delivery of the Goods you have ordered. Ownership of the Goods you ordered will be transferred to you and that of the part-exchange to us when you take delivery of your order. If you do not deliver the part-exchange goods by the agreed time, you may be in breach of this Agreement, potentially preventing you from taking delivery of your ordered Goods and making you liable for any losses we may suffer as a result.

25. Early Part Exchange Transfer: If you choose to sell us your part-exchange before taking delivery of your new Goods, ownership of the part-exchange will pass to us at that point. If you subsequently do not take delivery of the new Goods for any reason, we are not obliged to return the part-exchange goods to you, but may refund you the part-exchange allowance offered, less any amount we may have paid to settle any outstanding interest on those goods (as specified in clause 21) and any costs we have incurred in the preparation of the part exchange.

26. Failure of Part Exchange Conditions: If you fail to meet any of these conditions, we are not obliged to accept your goods in part-exchange or make any allowance for it. In this case, you may be required to pay the entire purchase price for the Goods you have ordered before you can take delivery.

Tax and Duty Changes

27. If the rate of Value Added Tax (VAT), Vehicle Excise Duty (Road Tax), or the first registration fee changes between the date of order and the date of delivery, you must pay the amount current at the point of delivery.

Notices and Jurisdiction

28. Any official notice required by this Agreement must be in writing and be sent by first-class post to the residence or place of business of the person to whom it is addressed. Such a notice will be assumed to have been received no later than two days after posting.

29. Please be aware that any telephone calls between you and us may be recorded, and the contents of such conversations may be used to support this Agreement.

30. This Agreement is governed by the relevant laws of the United Kingdom, and the courts of the United Kingdom will have exclusive jurisdiction in relation to this Agreement.

Consumer Rights Act 2015

31. It is our legal responsibility to supply you with Goods that meet your consumer rights. This means the Goods must be:

o Of satisfactory quality: They must meet the standard that a reasonable person would consider satisfactory.

o Fit for purpose: They must be suitable for the purpose for which they are supplied.

o As described: They must match any description given to you. If you have any concerns that we have not met these legal obligations, please contact us immediately.

Complaints Procedure

32. In the event of a complaint, in the first instance please address your concern to the Sales Manager at WhateverWheels T/A Whatever Wheels Yamaha:

o Address: Whatever Wheels, 8 Glebe Street, Great Harwood, Lancashire, BB6 7AA
o Telephone: 01254 438026
o Email: Management@whateverwheels.co.uk

33. Alternative Dispute Resolution (ADR): WhateverWheels Limited is endorsed by Which? as a Trusted Trader. As part of this, we subscribe to their Industry Code of Practice and will always try to resolve any disputes quickly and efficiently. If you are a consumer and remain dissatisfied with our outcome and explanation, we recommend you contact The Dispute Resolution Ombudsman, an organisation competent to deal with unresolved complaints. Their contact details are:

o Address: Dispute Resolution Ombudsman, Premier House, First Floor, 1-5 Argyle Way, Stevenage, Hertfordshire, SG1 2AD
o Telephone: 0333 241 3209
o Email: info@disputeresolutionombudsman.org

o Their decision will be legally binding on both WhateverWheels Limited and you, as the consumer.

34. If you are a consumer and this Agreement has been concluded:

o Without any face-to-face contact between us (e.g., entirely online or by phone), OR

o In your simultaneous physical presence and ours, but in a location that is not our business premises (e.g., at a public event or your home), you have a legal right to cancel this Agreement within 14 days from the day you take delivery of the Goods ("Cooling-Off Period").

35. Exercising Your Right to Cancel: To cancel, you must inform us in writing (e.g., letter sent by post or email) of your clear decision to cancel the Agreement. You may request a cancellation form from the Sales Manager at WhateverWheels if required.

36. Returning the Goods after Cancellation: In the event of cancellation, it is your responsibility to return the Goods to us in the same condition and specification as when they were delivered to you, allowing for normal examination as you would in a shop. You must ensure all original items provided with the sale are returned (e.g., registration documents, service packs, manuals, handbooks, keys).

37. Cost of Return: You will be responsible for the direct cost of returning the Goods to us. This cost will not exceed the sum of £500.00 (Five Hundred Pounds).

38. Deductions for Diminished Value: We are permitted by law to make a deduction from your reimbursement if the Goods have suffered any diminished value due to your handling or use of them beyond what is necessary to establish their nature, characteristics, and function. This refers to handling or use that exceeds what a customer would reasonably undertake when appraising Goods at a dealership prior to purchase. This deduction does not apply to a test ride, as test rides are not typically available in-store for new goods.

39. Exclusions from Right to Cancel: The right to cancel will not apply in the following circumstances:

o For products that we have made or customised specifically to fulfil your order (e.g., bespoke paint jobs, non-standard factory-fitted options that make the item unique to you).

o For "special order" items not normally stocked in our showroom and specifically ordered in for you, if these items cannot reasonably be resold to another customer.

40. Reimbursement: Providing the Goods are returned to us in line with the conditions stated in clauses 36-39, we will process any reimbursement due within fourteen days of the date the Goods are received back by us. The reimbursement will be executed using the same payment method you used originally, less any deduction for diminished value.

41. Part-Exchange in Cancellation: If the cancelled Agreement involved part-exchange goods, we would return the part-exchange or pay the agreed part-exchange value to you, at our discretion, after deducting any amounts we may have paid to clear outstanding finance on the part-exchange.

42. Finance Agreements & Cancellation: If you have committed to a separate finance agreement for the purchase, you must inform the finance company immediately of the cancellation in writing. You may be liable for any early termination fees from the finance provider. We do our best to avoid such fees and will only pass them on if the finance provider charges them.

Limitation of Liability

43. Unless expressly stated otherwise, our liability for any breach of this Agreement (and for any other liability arising out of or connected to the Agreement) is limited to the amount of the purchase price. We expressly exclude all liability for loss of profit, goodwill, or agreements, and for any indirect, consequential, or economic loss. Nothing in this clause will limit or exclude our liability for fraud, death or personal injury caused by our negligence, or for any other liability that cannot be excluded or limited by law (including your statutory consumer rights).

Data Use & Privacy

44. We may use the information you have provided to us, now and in the future, for:

o Providing you with information on products and services for marketing purposes.

o Market research.

o Tracking sales data. We may also disclose this information to members of the relevant manufacturer's or concessionaire's group of companies and other companies for such purposes. If you prefer this not to happen, please contact us so that our records may be amended accordingly. To find out more about how your data is used, please view our privacy policy on our website: https://whateverwheels.co.uk/privacy.php.