Terms and Conditions of Sale

1. Definitions
Dealer, we, us, our, Culloden Car Sales Ltd, company number SC222206, registered office 15 Fodderty Way, Dingwall IV15 9XB, trading address 1 Barn Church Road, Culloden, Inverness, IV2 7WB, VAT GB 842214946, FCA FRN 672518.
Customer, you, your, the purchaser named on the Sales Order.
Vehicle, the motor vehicle and any accessories described on the Sales Order.
Reservation Fee, a payment to start an immediate holding service pending your inspection and final checks.
Sales Order, the order form signed by you.

2. Contract formation and distance sales
2.1 A binding contract is formed when you sign the Sales Order and we confirm your order in writing or begin preparing the Vehicle for handover.
2.2 We sell on premises. We do not operate an organised distance sales scheme.
2.3 If a purchase completes entirely at distance, without your in person inspection or signature on site, the Consumer Contracts Regulations 2013 apply and you have a 14 day right to cancel the vehicle contract. We will provide the required pre contract information and a model cancellation form. The Reservation Fee remains non refundable because it paid for a service already supplied.

3. Reservation Fee, removing a vehicle from sale
3.1 Paying a £250 Reservation Fee starts an immediate holding service. We remove the Vehicle from advertising and partner portals, mark it reserved on site and in our systems, pause portal enquiries, and schedule administration and preparation work.
3.2 The Reservation Fee is non refundable because the holding service starts straight away. If you proceed, we deduct it from the purchase price. The Reservation Fee is not a deposit and does not by itself create a contract to buy.
3.3 Our standard online reservation holds the Vehicle for 72 hours from the confirmation time. Any different period must be agreed and confirmed by us in writing. If you do not attend within the agreed period, we release the Vehicle back to sale.
3.4 If we cancel or the Vehicle becomes unavailable, we refund the Reservation Fee in full.

4. Pricing and VAT
4.1 Consumer display, all advertised vehicle prices shown to consumers are the total price payable, inclusive of VAT and any compulsory charges.
4.2 VAT qualifying vehicles, where a Vehicle is VAT qualifying, we will show the net amount and VAT separately on the Sales Order and VAT invoice. A VAT invoice will be issued on request, if you are VAT registered.
4.3 Margin Scheme vehicles, where a Vehicle is sold under the VAT Margin Scheme, we will mark it, Margin Scheme, VAT included, not reclaimable, no VAT will be itemised or reclaimable.
4.4 Business to business, where we sell to a VAT registered business, business documentation may show net price plus VAT, but any consumer facing price remains the total price payable.
4.5 Any optional products or services are optional, clearly priced, and not required to purchase the Vehicle.

5. Payment, collection, storage and non collection
5.1 A deposit, separate from any Reservation Fee, and the balance are payable as shown on the Sales Order. Title passes on receipt of cleared funds in full.
5.2 If you are purchasing via a finance plan where the finance company retains title, title will pass to the finance company and then to you when you complete your finance obligations.
5.3 We will agree a collection date with you. The Vehicle remains our property until paid in full.
5.4 If you miss a collection date, we will write to offer a revised date. If you still do not collect, storage may begin after seven days at £12 plus VAT per day. We will confirm the charge in writing before it starts.
5.5 If you still do not collect within a reasonable time, we may cancel the order and retain an amount from monies paid to cover our reasonable costs, for example additional storage, insurance, re advertising, and demonstrable loss in value, any balance is refunded to your original payment method. This does not include the non refundable Reservation Fee.

6. Part exchange, if applicable
6.1 If we agree to accept a vehicle in part exchange, you warrant that you are the legal owner, the mileage is accurate within legal tolerances unless disclosed, the vehicle is free of finance or that any stated finance can be settled from the allowance, and that there are no undisclosed insurance write off categories or material faults.
6.2 If undisclosed issues arise which materially affect value or saleability, we may adjust the part exchange allowance or, at our option, cancel the Sales Order and refund monies paid other than the non refundable Reservation Fee.

7. Risk and title
7.1 Risk in the Vehicle passes to you on collection or delivery, as applicable. Title passes on receipt of cleared funds in full, subject to Clause 5.2.

8. Vehicle description, mileage, quality and liability
8.1 We take care to describe Vehicles accurately. Minor variations or errors that do not affect safety or value materially will not entitle rejection.
8.2 Recorded mileage is believed correct unless we expressly state that it is verified. If verified, we will note the basis of verification on the Sales Order.
8.3 Your statutory rights under the Consumer Rights Act 2015 apply. If a fault arises, we will follow the remedies set out by law, including the short term right to reject where applicable, or repair or replacement within a reasonable time.
8.4 Nothing in these Terms limits or excludes liability for death or personal injury caused by our negligence or for fraud. We do not exclude your statutory remedies.

9. Warranty and aftercare
9.1 The included three month warranty is provided on the terms of the warranty document supplied at handover. Extended options may be available at extra cost. The warranty is in addition to your statutory rights.

10. Data protection
10.1 We will process your personal data in accordance with our Privacy Notice available on our website. You can contact [email protected] to exercise your UK GDPR rights.

11. Complaints and ADR
11.1 If you have a complaint, contact us at [email protected], 01463 792211, or by post to our trading address above. We acknowledge within five working days and aim to respond fully within fourteen working days.
11.2 If we reach deadlock, we will signpost an approved Alternative Dispute Resolution provider. As an SMTA member you may use the SMTA Conciliation Service at [email protected]. We may also signpost The Motor Ombudsman. We will confirm in writing whether we agree to engage in ADR for your case.
11.3 Finance related complaints follow FCA timeframes. If you remain unhappy after our Final Response, you may refer to the Financial Ombudsman Service within six months of that response.

12. Law and jurisdiction
12.1 These Terms are governed by the laws of Scotland.
12.2 The courts of Scotland have non exclusive jurisdiction. This does not affect your right to bring proceedings in your local court.