Terms and Conditions of Sale

These are the terms on which Culloden Car Sales Ltd sells vehicles. Customers accept these terms by signing at the point of order. This page is provided so you can read them in full before you buy.

Version 3 · Last updated: 21 June 2026

1. Definitions

1.1 Dealer, we, us, our: Culloden Car Sales Ltd, company number SC222206, registered office 3 Fodderty Way, Dingwall, IV15 9XB, trading address 1 Barn Church Road, Culloden, Inverness, IV2 7WB, VAT GB 842214946, FCA FRN 672518, credit broker, not a lender.

1.2 Customer, you, your: the purchaser named on the Sales Order.

1.3 Vehicle: the motor vehicle and any accessories described on the Sales Order.

1.4 Sales Order: the order form signed by you.

1.5 Reservation Fee: £250 paid to start an immediate holding service pending your inspection and final checks. If you proceed to place an order, the Reservation Fee becomes part of the total deposit shown on the Sales Order.

1.6 Deposit: the total deposit payable for the Vehicle as shown on the Sales Order. Where a Reservation Fee has already been paid, it forms part of the total deposit, and the balance of the deposit is payable to make up the total deposit figure.

1.7 Handover Acceptance: the handover declaration and related documents signed at collection, including the invoice and handover checklist.

1.8 Customer requested additional work: any work, supply, or service you ask us to arrange or carry out as part of the order.

1.9 External Finance Broker: a third party broker acting for you, not appointed by us.

1.10 External Finance Broker Handling Fee: a dealer handling fee charged by us where an External Finance Broker is used.

1.11 Working day: any day other than a Saturday, Sunday, or public holiday in Scotland.

1.12 In writing: includes email, but excludes text message and social media messaging.

2. Sales method, reservations, and contract formation

2.1 We sell from our premises. We do not deliver Vehicles.

2.2 You may reserve a Vehicle and complete administration remotely.

2.3 The Vehicle sale contract is only formed when you attend our premises, sign the Handover Acceptance, and we have received cleared funds in full or finance payout confirmation.

2.4 If you sign the Sales Order before attending our premises, the Sales Order forms a binding agreement for the Reservation Fee holding service.

2.5 Any electronic signature is treated as signed on our premises where completed at handover.

3. Reservation Fee, holding service, and removing a vehicle from sale

3.1 Paying a £250 Reservation Fee starts an immediate holding service.

3.2 The Reservation Fee is non refundable because the holding service starts straight away.

3.3 If you proceed, the Reservation Fee becomes part of the total deposit.

3.4 Our standard reservation period is 72 hours unless agreed otherwise in writing.

3.5 If you do not attend within the agreed period, the Vehicle may be released back to sale.

3.6 If we cancel or the Vehicle becomes unavailable, we refund the Reservation Fee in full.

4. Cancellation before handover

4.1 You may cancel the purchase at any time before handover.

4.2 If you cancel after signing the Sales Order but before handover, we retain the £250 Reservation Fee.

4.3 Costs incurred for customer requested additional work may be deducted where evidenced.

4.4 If costs exceed refundable monies, we may invoice the balance.

4.5 We refund all monies if we cancel or cannot meet a material written promise.

4.6 If finance is withdrawn after acceptance for reasons outside your control, we refund all monies including the Reservation Fee.

4.7 Any goodwill refund outside this clause is discretionary.

4.8 We may cancel an order before handover if we reasonably believe that completing the sale would expose us to legal, regulatory, or financial risk, including where required identity, affordability, or anti-money laundering checks cannot be satisfactorily completed, or where finance is declined or withdrawn. Where we cancel for these reasons and you are not at fault, we will refund all monies paid, including any Reservation Fee.

5. Pricing and VAT

5.1 All advertised consumer prices include VAT and compulsory charges.

5.2 VAT qualifying vehicles show net price and VAT separately.

5.3 Margin Scheme vehicles are sold VAT included, not reclaimable.

5.4 Business documentation may show net plus VAT.

5.5 Optional products are optional and clearly priced.

6. Payment, collection, storage, and non collection

6.1 Title passes on receipt of cleared funds in full.

6.2 Where finance applies, title passes to the finance company.

6.3 A collection date will be agreed.

6.4 If the Vehicle is not collected within seven days of the agreed collection date, we may charge a reasonable storage fee of £12 plus VAT per day. We will notify you in writing before any storage charge is applied.

6.5 We may cancel and retain reasonable costs if non collection continues.

6.6 You must ensure the Vehicle is taxed and covered by a valid policy of insurance before you drive it from our premises. Risk in the Vehicle passes to you on collection, and we are not responsible for any loss, damage, penalty, or liability arising from your use of the Vehicle after that point.

6.7 We accept payment by debit card, bank transfer, and finance from an approved lender. We do not accept payment by credit card. Cleared funds must be received in full before title passes and before the Vehicle is released, unless finance payout confirmation has been received.

6.8 The vehicle registration certificate (V5C) is processed through the DVLA, and you should expect to receive the updated certificate directly from the DVLA within their standard timescales. Where we hold any documents on your behalf at handover, we will tell you how and when these will be provided.

7. Part exchange

7.1 You confirm ownership, authority to sell, accurate mileage, and no undisclosed issues.

7.2 Final allowance is confirmed at handover.

7.3 We may adjust or cancel if undisclosed issues arise.

7.4 You confirm that any vehicle offered in part exchange is free from any outstanding finance, hire purchase, lease, or other third party interest, unless you have disclosed this to us in writing before handover.

7.5 Where outstanding finance exists and has been disclosed, the settlement figure will be deducted from your part exchange allowance, and you remain responsible for any shortfall.

7.6 If finance or any other third party interest is later discovered that was not disclosed, you will indemnify us for any loss, cost, or liability we incur as a result.

8. Risk and title

8.1 Risk passes on collection.

8.2 Title passes on cleared funds or to the finance company.

9. Vehicle description, mileage, quality, and customer information

9.1 Where we have taken reasonable care in describing the Vehicle, immaterial variations that do not affect its substance, identity, suitability for normal use, or material characteristics do not entitle rejection. Your statutory rights under the Consumer Rights Act 2015 are not affected by this clause.

9.2 Mileage is believed correct unless stated otherwise.

9.3 Your statutory rights under the Consumer Rights Act 2015 apply.

9.4 Liability for death, injury, or fraud is not excluded.

9.5 You confirm that all information you provide to us, including for any finance application, part exchange, or identity and affordability check, is true, accurate, and complete. You will indemnify us for any loss, cost, or liability we incur as a result of information you provide that is inaccurate, incomplete, or misleading.

10. Limitation of liability

10.1 Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any matter where it would be unlawful to limit or exclude liability.

10.2 Subject to clause 10.1, our total liability to you arising out of or in connection with the sale of the Vehicle, whether in contract, delict, or otherwise, is limited to the purchase price of the Vehicle.

10.3 We are not liable for any indirect or consequential loss, or for loss of use, loss of earnings, or loss of profit.

10.4 This clause does not affect your statutory rights under the Consumer Rights Act 2015.

11. Finance and External Finance Broker Handling Fee

11.1 We act as a credit broker, not a lender.

11.2 Commission disclosure is provided where applicable.

11.3 An External Finance Broker Handling Fee of £399 plus VAT applies where used.

11.4 The fee is disclosed, separate, and subject to acceptance.

11.5 Alternatives are available through our approved panel.

11.6 Refund treatment follows statutory and contract terms.

12. Warranty and aftercare

12.1 Any included warranty is provided under separate terms and is in addition to statutory rights.

12.2 Some vehicles may still benefit from a remaining manufacturer warranty. Where this applies, that warranty is provided and administered by the manufacturer under their own terms, and we are not the administrator of it. We will tell you if we believe a manufacturer warranty still applies.

13. Optional products and separate terms

13.1 Optional products are governed by their own terms.

14. Data protection

14.1 We process your personal data in accordance with our Privacy Notice, available at www.cullodencarsales.co.uk or on request.

14.2 We process your data to fulfil your order, arrange finance and optional products, meet our legal and regulatory obligations, and where you have consented, to send you marketing.

14.3 We retain your data only for as long as necessary to meet these purposes and our legal obligations.

14.4 You have the right to access, rectify, erase, or request portability of your data, and to object to or restrict its processing. To exercise these rights, contact us at [email protected].

14.5 We are registered with the Information Commissioner's Office, registration number ZB341718. If you are unhappy with how we handle your data, you may complain to the ICO at ico.org.uk.

15. Marketing and image consent

15.1 From time to time we take photographs or video on our premises, including at vehicle handover, which we may use across our marketing and social media channels. We will only include identifiable images of you with your consent, which we capture separately at the point of sale. You may withdraw your consent at any time by contacting us.

16. Complaints and Alternative Dispute Resolution

16.1 We aim to handle all complaints fairly, promptly, and professionally. Our full Complaints Procedure is available at www.cullodencarsales.co.uk/complaints-procedure or in writing on request.

16.2 You may raise a complaint by telephone on 01463 792211, by email to [email protected], or by post to Culloden Cars, 1 Barn Church Road, Culloden, Inverness, IV2 7WB.

16.3 For vehicle sales and aftersales complaints, we will acknowledge your complaint within 5 working days and aim to provide a full response within 14 working days.

16.4 For finance and other FCA regulated complaints, we follow FCA complaints handling rules and will send you a Final Response within 8 weeks of receiving your complaint.

16.5 If you are unhappy with our Final Response to a regulated complaint, you may refer the matter to the Financial Ombudsman Service free of charge, normally within 6 months of our Final Response.

16.6 For non finance complaints that cannot be resolved directly with us, we are a member of the Scottish Motor Trade Association (SMTA). If you wish, you may use the SMTA Conciliation Service to help resolve the matter. The SMTA can be contacted at [email protected] or via www.smta.co.uk.

17. Events outside our control

17.1 We are not liable for any delay or failure to perform our obligations where this is caused by events outside our reasonable control, including but not limited to fire, flood, severe weather, power failure, supplier or manufacturer failure, industrial action, pandemic, or the loss or unavailability of key staff. Where such an event occurs, we will contact you as soon as reasonably possible to agree a way forward, and your statutory rights are not affected.

18. Notices

18.1 Notices from you should be sent by email or post.

18.2 Notices from us will be sent to your provided contact details.

19. Entire agreement and changes

19.1 These Terms form the entire agreement.

19.2 You are not relying on statements not recorded in writing.

19.3 Changes must be agreed in writing.

19.4 Unenforceable parts do not affect the remainder.

19.5 No third party has enforcement rights.

19.6 You may not transfer your rights or obligations under these Terms to anyone else without our written agreement. We may transfer our rights and obligations to another business, and we will tell you in writing if this happens. Your statutory rights will not be affected.

20. Law and jurisdiction

20.1 These Terms are governed by the laws of Scotland.

20.2 Scottish courts have non exclusive jurisdiction.