Car Purchase Terms and Conditions

1. These terms

1.1. These are the terms and conditions (Terms) that apply when you buy a car from The Mini Specialist (TMS) using our website www.The Mini Specialist.com (Site). You can access our Terms of Use here which apply when you browse the Site (or any other The Mini Specialist webpages or applications). These Terms may change from time to time so make sure you check these Terms each time you buy a Car from ‘The Mini Specialist’.

1.2. Please make sure you read these Terms carefully before you place an order. We suggest that you also keep a copy of these Terms for the future. These Terms will explain how we will sell cars, how you may cancel the Agreement with us, additional products which you may choose to purchase and what to do if you have an issue with your Car.

2. Who are we?

2.1. The Site is operated by Gunn Trading Ltd a company registered in England and Wales (company number 08256192). Our registered office is at Unit 7 Tinsley Street, Tipton DY4 7LH. Our registered VAT number is 163484203.

2.2. If you would like to get in touch, you can find our contact details here.

3. Who is selling you the car?

The Mini Specialist will be the supplier of the Car and will sell the Car to you.

4. The agreement between you and us

4.1. When you confirm that you wish to buy a car with us, you are placing an order with us to buy that Car (Order). The Order will confirm the order details including your personal details, the make and model of the car, the delivery or collection date, the delivery or collection location and the Purchase Price (as defined in section 6 below).

4.2. We may accept the Order by emailing you to confirm the Order. When we send this email confirmation, a legally binding agreement will be made between you and us (Agreement). The Agreement will consist of the Order and these Terms. If you choose to pay for the Order using a Finance Agreement (as defined in section 11 below) with a Lender (as defined in section 11 below) then you will be required to enter into an agreement with the Lender and we will sell the Car to the Lender. Please refer to section 11 for more details.

4.3. If there is any inconsistency between the Order and these Terms, then the Order will take priority.

4.4. Occasionally, we may become aware after accepting your Order that we are unable to proceed with the Agreement, in which case we will notify you by email. Some examples of reasons why we may do this include:

4.4.1. the Car you have chosen has already been sold;
4.4.2. there is an error in the price or description of the Car;
4.4.3. you have previously purchased and returned a car to us in the 12 months prior to your Order;
4.4.4. where you are part exchanging your current car (Part Exchange Car) with us and you have provided incorrect details in relation to the Part Exchange Car or any of the circumstances set out in section 10.3 below apply to the Part Exchange Car; or
4.4.5. you have outstanding finance on your Part Exchange car and:
4.4.5.1. you fail to provide a valid settlement letter to us as explained in section 10 below;

4.4.5.2. the outstanding balance of the finance on your Part Exchange Car is different to the outstanding balance which you told us about when placing the Order;

4.4.5.3. the outstanding finance relates to more than one finance provider; or

4.4.5.4. the outstanding balance of the finance on your Part Exchange Car is more than the valuation of the Part Exchange Car which we gave you when you placed the Order.

You should be aware that there may be reasons other than those reasons mentioned in section 4.4 above why we do not accept your Order.

4.5. If we are not able to proceed with your Order, you will not be charged the Purchase Price for the Car (or the deposit if you have chosen to pay for the Car using finance from a Lender). We will also not purchase your Part Exchange Car or settle the outstanding balance of the finance on your Part Exchange Car. We will contact you to try and correct the reason why we have not accepted your Order.

4.6. You may cancel the Order without giving a reason before the Car is delivered before 12pm on the day before your agreed delivery or collection date, by calling our customer experience team whose number can be found here

4.7. You may not buy a car from us if you are doing so in the course of business. You must also be resident in the United Kingdom to purchase a Car from us.

5. Delivery and Collection

A: Delivery
Sections 5.1 to 5.6 (inclusive) only apply if you choose for us to deliver the Car to you when you place your Purchase Order. Delivery is a cost option.

5.1. We will deliver the Car to you at the delivery location on the delivery date set out in the Purchase Order.

5.2. We will only deliver the Car to you at the delivery location stated in the Purchase Order which must be your residential address. You must show us a valid photocard UK driving licence at Delivery. If the address on your driving licence is different to your residential address, you must also provide us with either a utility bill or bank statement addressed to your residential address and which is dated in the three months prior to Delivery. If you do not have your driving licence, you must show us your passport and a utility bill or bank statement addressed to your residential address and which is dated in the three months prior to Delivery. The person stated on the Purchase Order must be present at Delivery as we will not deliver the Car to any other person.

5.3. We will need a safe place to park the Car (for example, a driveway or safe on-road parking) whilst we complete our delivery checks with you. If you are selling a Part Exchange Car to us, then you should also make sure that is parked safely and is accessible by us. You are responsible for giving us details of a safe location and will be responsible for any costs, penalties or fines we incur as a result of parking in the safe location provided by you.

5.4. You will own the Car once (i) you have accepted Delivery of the Car by signing the delivery note; (ii) if you are part exchanging your car in part payment of the Purchase Price, we have accepted and received the Part Exchange Car; (please see section 10 for more information); and (iii) we have received full payment of the Purchase Price and any other money you owe to us.

5.5. If you are purchasing the Car using a Finance Agreement then the third party finance provider will own the Car once the conditions in section 5.4 have been met.

5.6. You are responsible for the Car from Delivery.

5.7. If we attempt to deliver the Car to you and we are unable to do so and we are unable to contact you to rearrange your Delivery, we may treat the Agreement as ended. We will notify you by e-mail that we are treating the Agreement as ended and we will refund any money paid by you to us.

B: Collection
Sections 5.8 to 5.13 (inclusive) only apply if you choose to collect the car from one of our collection locations when you place your Order.

5.8. We will hand over the Car to you at the specified collection location on the collection date and time set out in the Purchase Order (Collection). You may change the time and date of Collection by calling us at any time before 12pm on the day before your agreed collection date. We will rearrange the date and time of your Collection at no extra cost to you once. If you need to rearrange the date and time of your Collection more than once or you ask to change the date and time of your Collection after 12pm on the day before your agreed collection date, we may charge you a fee of £150.

5.9. You will only be able to collect the Car from the collection location set out in the Purchase Order. You must show us a valid photocard UK driving licence at Collection. If the address on your driving licence is different to your residential address stated on the Order, you must also provide us with either a utility bill or bank statement addressed to your residential address and which is dated in the three months prior to Collection. If you do not have your driving licence, you must show us your passport and a utility bill or bank statement addressed to your residential address and which is dated in the three months prior to Collection. The person stated on the Order must be present at Collection as we will not hand over the Car to any other person.

5.10. Please ensure that you bring the correct identification documents to your collection as we will not be able to hand the Car over to you without these. If you have any questions on what identification documents you will require please call us.

5.11. You will own the Car once (i) you have accepted Collection of the Car by signing the delivery note; (ii) if you are part exchanging your car in part payment of the Purchase Price, we have accepted and received the Part Exchange Car (please see section 10 for more information); and (iii) we have received full payment of the Purchase Price and any other money you owe to us.

5.12. You are purchasing the Car using a Finance Agreement then the third party finance provider will own the Car once the conditions in section 5.11 have been met.

5.13. You are responsible for the Car from collection.

5.14. If you fail to collect the Car from us on your arranged collection date and we are unable to contact you regarding your Collection to rearrange your collection appointment, we may treat the Agreement as ended. We will notify by e-mail that we are treating the Agreement as ended and we will refund any money paid by you to us.

6. Payment

6.1. The purchase price for the Car is the price stated when you placed your Order on The Mini Specialist (Purchase Price). The price stated includes VAT.

6.2. The Purchase Price will be payable when you place your Purchase Order. If you have chosen to pay for the Car using a Finance Agreement with a Lender (as defined in section 11 below), you must pay the deposit set out on your Order when you place your Order. We may accept the value of your Part Exchange Car (if applicable) as payment of, or towards, your deposit.

6.3. You may make payments by Visa or Mastercard debit or credit cards, or by arranging finance from a Lender in relation to the purchase of your Car. We do not accept any other form of payment.

6.4. You are responsible for the payment of vehicle tax. The V5C reference number will be provided to you prior to Delivery or Collection so that you can arrange vehicle tax for the Car with the DVLA to start on Delivery or Collection. We will notify the DVLA of the change in ownership.

7. Your Car

7.1. The Car may have been used previously for lease or rental and may have had multiple users. It may also have been imported from the Republic of Ireland.

7.2. Each Car undergoes a thorough inspection (Major Inspection) prior to being advertised for sale. As part of the Major Inspection we check each Car for a manufacturer recall notice. We do not give or make any representation, warranty or undertaking that the Car will not be subject to a manufacturer recall notice at the point of sale or at any time in the future.

7.3. The images of Cars on www.The.Mini.Specialist.com are high resolution images. We make every effort to display the Car accurately, including damage (which is beyond the ordinary wear and tear of a used car), but we cannot guarantee that the pictures of the Car on www.The.Mini.Specialist.com show every part of the Car or colour of the Car. We will not be responsible if the images of the Car do not display correctly on the device on which you view them.

7.4. The mileage of a Car stated on www.The.Mini.Specialist.com may vary slightly to the actual mileage of the Car because of delivering the Car to you. The increase in mileage will be no more than 200 miles.

7.5. Please contact us before placing any Order to ask any questions you have about the Car.

8. Warranty

8.1. The Mini Specialist has partnered with a the RAC warranty provider (Warranty Provider) to offer warranty cover.

8.2. When you buy a Car on from us, you can choose to purchase an extended RAC Warranty when you place the Order for your Car. If you choose not to purchase extended warranty, you will automatically be opted in for a 90-day warranty with breakdown assistance for the Car at no additional cost to you. The 90-day warranty will commence on Delivery or Collection. If you do not wish to receive the 90-day warranty with breakdown assistance, you may cancel this benefit by notifying us in writing.

8.3. The 90-day warranty and any other service provided by the Warranty Provider is subject to a contract between you and the Warranty Provider on the terms provided to you in the confirmation email you will receive from the Warranty Provider. We are not responsible for providing The MSC or the 90-day warranty to you if the Warranty Provider fails to do so.

8.4. We do not provide a manufacturer’s warranty in relation to the Car but if a manufacturer’s warranty or guarantee exists and is continuing from the previous ownership of the Car and you are entitled to the benefit of this manufacturer’s warranty or guarantee we will pass this to you.

9. Insurance

9.1. We currently do not provide insurance services.

10. Part exchange

A. General Terms

10.1. Where you choose to use a Part Exchange Car in partial payment of the Purchase Price, you must provide details of the Part Exchange Car including whether the Part Exchange Car is subject to an existing finance agreement. We may ask you for additional information about the Part Exchange Car at any time prior to Delivery or Collection.

10.2. We will give you a valuation for the Part Exchange Car when you place your Order. You must provide true, accurate and up-to-date information to us about the Part Exchange Car. The Part Exchange Car will be inspected on Delivery or Collection to ensure the information provided when you placed your Order was true and accurate. We will also need to ensure that the Part Exchange Car is roadworthy and has not sustained any damage you have not disclosed to us.

10.3. We may reject a Part Exchange Car at any time, either before or at Delivery or Collection, if:

10.3.1. you are not legally capable of entering into a binding contract to sell the Part Exchange Car;
10.3.2. you are not the sole owner of the Part Exchange Car (including, if relevant, the electric car battery);

10.3.3. another person has any claim to the Part Exchange Car or there is outstanding finance on the Part Exchange Car which you have not told us about as part of the order process;

10.3.4. you are not named as the registered keeper of the Part Exchange Car on the V5C registration document;

10.3.5. you have owned the Part Exchange Car for less than 90 days;

10.3.6. any information given to us about the Part Exchange Car is not true and accurate;

10.3.7. the Part Exchange Car has sustained damage that is not disclosed to us when you placed the Order;

10.3.8. there is a material discrepancy in the information and documents supplied by you in respect of the Part Exchange Car or a material document is missing, inaccurate or incomplete (for example, the V5C registration document is missing or incomplete);

10.3.9. the Part Exchange Car has any fault which may affect the value of the Part Exchange Car or is not roadworthy;

10.3.10. the Part Exchange Car is not registered in the UK or was not first registered in the UK;

10.3.11. there is a finance marker on the Part Exchange Car or any other issue is identified by a HPI check which you have not told us about as part of the order process;

10.3.12. the Part Exchange Car does not have a valid MOT;

10.3.13. the Part Exchange Car has been in a major accident or has been subject to a total loss claim;

10.3.14. the Part Exchange Car does not bear its legal registration and chassis number;

10.3.15. the Part Exchange Car is an import (that is, it is not a right-hand drive car with UK registration plates or was not first registered in the UK);

10.3.16. the Part Exchange Car has been modified for appearance or performance purposes;

10.3.17. the mileage of the Part Exchange Car is more than 3,000 miles above the mileage stated in the Order; or

10.3.18. the Part Exchange Car has been used for commercial purposes, private hire, rental, driving tuition, as an emergency services vehicle or by a local authority.

B. Part Exchange – outstanding finance

10.4. If you are paying for your Car in full and the Part Exchange Car is subject to a finance agreement, we can settle the outstanding finance on the Part Exchange Car. If you would like us to settle the outstanding finance, you must provide us with the exact amount of the outstanding balance of your finance as set out on the settlement letter when you place your Order. It is important that the outstanding balance which you give us is accurate and up-to-date; if the outstanding balance is not accurate or up-to-date then we may cancel your Order in accordance with section 4.4.5 above. Please contact us if you have any questions about how to obtain your outstanding balance.

10.5. When you place your Order, we will run some checks on the Part Exchange Car and your outstanding finance. These checks will tell us (i) who owns the Part Exchange Car and who has any rights or interest in it and (ii) whether our valuation of the Part Exchange Car is more than the outstanding balance of the finance agreement on the Part Exchange (this is often referred to the Part Exchange Car being in positive equity).

10.6. Once you have placed our Order, we will send you an email requesting your settlement letter. You must send a settlement letter to ups by replying to our email. The settlement letter must meet the requirements set out in the email.

10.7. The settlement letter must be valid for 7 days after the date you have chosen for Delivery or Collection. If the date of Delivery or Collection changes or is delayed for any reason and we cannot agree a new date of Delivery or Collection for which the settlement letter is valid for 7 days after that revised Delivery or Collection date, then we may take the action set out in section 10.8 which may include cancelling your Order.

10.8. If:

10.8.1. as a result of our checks under section 10.5, we are not able to settle the outstanding finance on the Part Exchange Car (for example, because the Part Exchange Car is not in positive equity); or

10.8.2. the settlement letter does not meet the requirements set out in section 10.6; or

10.8.3. the settlement letter is not valid for 7 days after Delivery or Collection, then you agree that we have the right to withdraw any offer to buy the Part Exchange Car with immediate effect and/or to indicate a revised valuation at which we will be prepared to purchase the Part Exchange Car and/or cancel your Order in accordance with section 10.13 of these Terms.

10.9. We are not responsible for any underpayment or overpayment of the finance agreement in relation to your Part Exchange Car. You must speak to your existing lender with any queries in relation to the existing finance agreement.

10.10. In certain circumstances, we may need you to contact the person who provides your existing finance on the Part Exchange Car to help us settle the outstanding balance of your finance agreement. You agree that you will take reasonable steps to help us settle your finance where we ask you to do so.

10.11. If, for any reason, after you have handed over the Part Exchange Car to us, the amount required to settle the outstanding balance of the finance agreement on the Part Exchange Car is more than the amount you disclosed to us or there are other finance arrangements which mean we have to pay money to another person (“Shortfall Amount”), then you must pay us the Shortfall Amount within 30 days of us requesting that from you.

10.12. If, for any reason, your existing lender does not accept our settlement of the outstanding finance on the Part Exchange Car, then we may ask you to pay us an amount equal to the outstanding balance of the finance to us within 30 days of us requesting that from you.

C. Part Exchange – at Delivery or Collection

10.13. If you are selling a Part Exchange Car to us, we will inspect the Part Exchange Car at Delivery or on Collection (as applicable). We reserve the right not to accept the Part Exchange Car for any reason, including if the Part Exchange Car is damaged or is not roadworthy (because, for example, it won’t start). If we do not accept the Part Exchange Car, then the Order will be cancelled, and Delivery or Collection will not take place. Any payments you have made for or towards the Car will be reimbursed to you within 14 days. We will repay you using the same means of payment as you used to pay us, and we will not charge you any fees in relation to the repayment.

10.14. If we accept and collect the Part Exchange Car at Delivery or Collection, you must give us:

10.14.1. all copies of the Part Exchange Car’s keys;
10.14.2. the Part Exchange Car’s most recent V5C registration document (together with appropriate proof of purchase if requested by us);
10.14.3. the Part Exchange Car’s service history (if any);
10.14.4. the Part Exchange Car’s MOT certificate (if any)
10.14.5. the Part Exchange Car’s user manuals (if any); and
10.14.6. any accessories there may be such as a locking wheel nut, radio fascia, remote controls, SD card and/or charging cables (if you have a plug-in car).
10.15. You must remove any personal possessions from the Part Exchange Car before we collect it. We will not be responsible for any personal items lost once the Part Exchange Car is in our possession.
10.16. You are responsible for removal, deletion or redaction of your personal information contained in the Part Exchange Car prior to handover of the Part Exchange Car, including as follows:
10.16.1. if the Part Exchange Car has a satnav, phone interface or any other device capable of storing data, you will ensure that you have removed all personal data from these devices prior to handing the Part Exchange Car over to us. This includes contacts (names and numbers), previous or favourite destinations in your trip history and default “home” address; and
10.16.2. you will ensure that your name and address are removed or redacted from any service or maintenance records that you hand over with the Part Exchange Car.
10.17. The V5C registration document (which includes your name and address and is an official DVLA document) will remain with the Part Exchange Car until it is sold and re-registered by a new registered keeper or scrapped. Please note that before being re-registered by a new keeper, the Part Exchange Car may be sold to one or more motor traders who will not be obliged to register as the new keeper of the Part Exchange Car and remove your name and address from the V5C registration document. We do not accept any liability in respect of your personal information contained on the V5C registration document.
10.18. In the event that you fail to comply with these hand-over requirements, you agree that we have the right to withdraw any offer to buy the Part Exchange Car with immediate effect and/or to indicate a revised valuation at which we will be prepared to purchase the Part Exchange Car and/or cancel the Order in accordance with section 10.13 of these Terms. If we take the Part Exchange Car at Delivery or Collection and discover later that the Part Exchange Car did not meet the requirements set out in this section 10 we may take action against you to recover the reduction in value of the Part Exchange Car as a result of the Part Exchange Car not meeting the requirements in this section 10 (Recovery Claim). You may also have to pay to us on demand all reasonable costs and expenses incurred by us in pursuing a Recovery Claim.

11. Finance

11.1. We are a credit broker acting as an appointed representative and not a lender. Details of our appointed representative status are set out at section 9.1 above.

11.2. You may apply for finance from one of our third-party finance providers (Lender) to finance the purchase of the Car by choosing the finance option when you place your order. We will introduce you to the Lender or a broker who will introduce you to a Lender. Your application for finance is subject to status and approval by the Lender. To obtain finance you must sign a hire purchase agreement or a personal contract purchase agreement (Finance Agreement) with the Lender prior to Delivery or Collection. Any delay in signing the Finance Agreement may delay Delivery or Collection. If you apply for finance and are declined by the Lender, then you must pay for the Car by an alternative method. If you are unable to do so then we will withdraw our acceptance of your Order.

11.3. You may not apply for finance from a Lender if it is intended that the Car will mainly be used by someone other than you.

11.4. If you enter into a Finance Agreement to finance the purchase of the Car:

11.4.1. we will sell the Car to the Lender who will let you use the Car in accordance with the terms of the Finance Agreement;
11.4.2. the Lender will own the Car until it transfers ownership to you in accordance with the Finance Agreement;
11.4.3. you will have a right to cancel under section 12 of these Terms provided that the Car meets the Return Conditions set out in section 12.13; and
11.4.4. you may have a right of withdrawal under your Finance Agreement which is described in section 13
11.5. Finance rates or terms published are provided by Lenders. We are not responsible for any changes to these rates or terms. APRs stated are representative APRs and the actual APR offered to you may differ.

12. Our 30-day money back guarantee

12.1. You may return the Car to us within 30 days from the day after the date of Delivery or Collection without giving us any reason using our 30-day money back guarantee (the Guarantee). If you paid for the Car using a Finance Agreement, you may use the Guarantee provided that the Car meets the Return Conditions set out in section 12.13 below.

12.2. If you wish to return the Car in accordance with the Guarantee, you may notify us by calling us. We will arrange a date on which you can return the car to us.

12.3. To meet the Guarantee deadline you should notify us that you are exercising the right to cancel by 8pm on the day the Guarantee period expires (or if this day is a bank holiday, New Year’s Day, Easter Sunday, Christmas Day or Boxing Day, 8pm on the next day that is not included on this list).

12.4. If you choose to return the Car under the Guarantee:

12.4.1. if you paid for the Car in full by Visa or Mastercard debit or credit card(s), we will repay to you the Purchase Price of the Car to the same card(s) originally used to pay for the Car and, if you used more than one card, we will repay to each card the amount that you paid that card (except for any deductions described in section 12.4.4 below which we may make from any card); or

12.4.2. if you paid for the Car using a Finance Agreement,

a) we will repay to you the deposit which you paid to us (please note that if you used a Part Exchange Car to pay for all or some of the deposit then section 12.4.3 will apply to any repayment we may to you); and

b) we will repay the remainder of the Purchase Price to the finance provider with whom you entered into a Finance Agreement; and/or

12.4.3. if you have sold a Part Exchange Car to us in part payment of the Car (including as a deposit for a Finance Agreement), we will not be able to return the Part Exchange Car to you. We will include an amount equal to the price we paid to you for Part Exchange Car in the amount to be repaid to you (subject to the Part Exchange Car meeting the requirements set out in section 10);

12.4.4. we will deduct from the money repaid to you (as described in sections 12.4.1, 12.4.2 and 12.4.3 above:

a) £250 administration fee.  This covers the admin overhead of bringing the car back into trade, the depreciation of adding another owner to the V5C, cleaning and valeting and re-advertising.

b) any amounts which we are permitted to charge you under section 12.5 because of the condition in which you returned the Car to us; and

c) £250, which we will hold pending you returning the most recent V5C registration document to us in accordance with section 12.6. We need the V5C to be returned because the value of the Car will reduce without it; and

12.4.5. we will repay any money owed to you under this section 12.4 within 30 days of you informing us that you wish to return the Car. We will repay you using the same means of payment as you used to pay us and we will not charge you any fees in relation to the repayment.

12.5. You are entitled to use the Car to determine the nature, characteristics and functioning of the Car. You must not use the Car after notifying us that you are cancelling the Agreement and you must keep the Car in good condition from the date of Delivery or Collection. We are entitled to charge you if the value of the Car has reduced as a result of excessive use by you or any damage you caused to the Car. We may charge you:

12.5.1. if the Car has been driven for more than 250 miles since Delivery or Collection, a fee equal to £1.00 for each mile driven in excess of 250 miles (Excess Mileage Payment); and/or
12.5.2. if the value of the Car has been reduced because it is not in the condition it was in at Delivery or Collection, our reasonable costs to repair the Car so that it is in the condition it was in at Delivery or Collection (Damage Payment).

For the purposes of this section 12.5, we will record the mileage on the Car at Delivery or Collection and this mileage will be conclusive in determining whether you have driven the Car more than 250 miles since Delivery or Collection.

12.6. You must send the most recent V5C registration document showing you as the registered keeper to us by recorded delivery within 30 days of the car being returned should the V5C not be available at that time. You will bear the cost of the recorded delivery. The V5C registration document (which includes your name and address and is an official DVLA document) will remain linked with the Car until it is sold and re-registered by a new registered keeper or scrapped. Please note that before being re-registered by a new keeper, the Car may be sold to one or more motor traders who will not be obliged to register as the new keeper of the Car and remove your name and address from the V5C registration document. We do not accept any liability in respect of your personal information contained on the V5C registration document.

12.7. Subject to the V5C being received within 30 days of you informing us that you wish to return the Car, we will repay you the £250 we retained as described in section 12.4.4(b) within 30 days of us receiving the V5C. If you fail to return the V5C registration document, we may charge you a fee of £250 as the value of the Car will reduce without the V5C registration document (V5C Fee) and we will retain the £250 referred to in section 12.4.4(b) as payment by you to us for the V5C Fee.

12.8. If the total of the Excess Mileage Payment, the Damage Payment and/or the V5C Fee is more than the amount payable to you in section 12.4 then we will tell you how much you owe us (Outstanding Amount) and you must pay the Outstanding Amount to us within 30 days of us notifying you of the Outstanding Amount.

12.9. If you paid for the Car in full by an Visa or Mastercard debit or credit card (either directly or through Apple Pay), you confirm to us that, on collection, the Car:

12.9.1. is free from all charges or claims from any third party including a finance provider;
12.9.2. is owned by you;
12.9.3. is in the same condition as on Delivery or Collection except for any reasonable wear and tear; and
12.9.4. has not been involved in an accident since Delivery or Collection.
12.10. You must also give to us:

12.10.1. all copies of the Car’s keys;
12.10.2. the Car’s service history (if any)
12.10.3. the Car’s MOT certificate (if any);
12.10.4. the Car’s user manuals (if any);
12.10.5. any accessories there may be such as a locking wheel nut, radio fascia or remote controls, SD card and/or charging cables (if you have a plug-in car); and
12.10.6. any other documents or items which we gave to you at Delivery or Collection in relation to the Car.

You are responsible for the removal of your personal belongings or the deletion of personal data from the Car prior to collection in the same manner as for a Part Exchange Car (see section 10.15 and section 10.16).

12.11. If you need to rearrange the date and time of your return you must contact us before 12pm on the day before your agreed return collection date. If you rearrange your return more than once or you ask to change the date and time of your return after 12pm on the day before your agreed return collection date, we may charge you a fee of £150.

12.12. You remain responsible for the Car until returned and accepted by ourselves. You must ensure that the Car is insured with a fully comprehensive insurance policy until return.

12.13. If you have paid for the Car using a Finance Agreement, you may return the Car to us using the Guarantee provided that the Car meets the following conditions:

12.13.1. the Car is not driven for more than 250 miles since Delivery or Collection;
12.13.2. no alterations or modifications whatsoever have been made to the Car;
12.13.3. the Car is in the same condition as it was at Delivery or Collection, and
12.13.4. the Car is free from all charges or claims from any third party including a finance provider (except any finance arranged with a Lender under section 11.2).

We refer to these conditions as the Return Conditions.

12.14. If you have paid for the Car using a Finance Agreement and the Car does not meet the Return Conditions then we may, in our absolute discretion, allow you to use the Guarantee. If you meet the Return Conditions or we allow you to use the Guarantee, then this section 12 will apply. You must also tell the finance provider that you wish to withdraw from your Finance Agreement. We will not notify the finance provider for you.

12.15. If you return the Car using the Guarantee:

12.15.1. we will notify the Warranty Provider the 90 day warranty or any other service contract arranged through The Mini Specialist will be automatically terminated.

13. Your right of withdrawal (if you have paid for the Car using a Finance Agreement)

13.1. Where you have paid for the Car by entering into a Finance Agreement with the Lender, you may have a right to withdraw from the Finance Agreement without giving any reason. You should refer to the terms of your Finance Agreement for more information on your right to withdraw from the Finance Agreement.
13.2. If you exercise your right of withdrawal, you will withdraw from the Finance Agreement only. You will be required to pay the amount of credit plus interest to the Lender in accordance with the terms of the Finance Agreement. When you have repaid the Lender the amount of credit plus interest you will own the Car. You should contact the Lender for more information on the right of withdrawal.

14. If you have a concern with the Car or the The Mini Specialist service

If you have any questions or complaints about the Car or the service provided by The Mini Specialist, please contact us. You can telephone us on 0330 999 0020 or write to us at sales@The Mini Specialist.com

15. Return of the vehicle after 30 days of purchase.

16. Summary of your legal rights.

We are under a legal duty to supply cars that are in conformity with this Agreement. Nothing in this Agreement will affect your legal rights. If you would like more information on your rights you should contact your local Citizens Advice Bureau.

17. Data Protection

A summary of how we will use your personal information is set out in our privacy policy which can be found here.

18. Liability

17.1. Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.
17.2. To the extent we are able to restrict our responsibility by law, we will not be responsible to you for any indirect or consequential losses or loss of income or revenue, loss of business, loss of profit, or loss of anticipated savings (whether direct or indirect).
17.3. To the extent we are able to exclude our responsibility by law, we exclude all implied representations, warranties, terms and conditions from the Agreement.
17.4. Subject to the above, our maximum total liability to you under or in connection with the Order and the Agreement with you shall not exceed the Purchase Price of the Car.

19. Circumstances outside of our control

18.1. We will not be responsible for any failure by us to perform the Agreement or any delay in performing the Agreement which is caused by a circumstance or event outside of our control (Circumstance Outside of Our Control). Circumstances or events which may be included in this section are riots, acts of terrorism or war, civil disruption, strikes, fire, flood, other natural disasters, pandemics and accidents relating to the Car. Other circumstances or events may also be included if they are outside of our control.

18.2. If our supply of the Car is delayed by a Circumstance Outside of Our Control, then we will contact you as soon as possible to let you know and we will do what we can to reduce the delay. If we do this, we will not be responsible for delays. If there is a delay you may contact us to end the Agreement and receive a refund of the deposit or the Purchase Price you have paid at that time for the Car.

18.3. If a Circumstance Outside of Our Control occurs which affects us performing the Agreement after we have supplied the Car to you we will notify you as soon as possible. Our responsibilities to you under the Agreement will be temporarily delayed and the agreed date by which we must perform our responsibilities will be extended until the Circumstance Outside of Our Control has ended.

20. Miscellaneous

19.1. If a court finds part of the Agreement is illegal, invalid or otherwise unenforceable, the remaining parts of the Agreement will continue in full force and effect.

19.2. You may not transfer any of your rights or obligations under the Agreement to any other person. We may transfer our rights or obligations under the Agreement to another person provided that this will not affect your rights under the Agreement.

19.3. The Agreement does not give rise to rights that are enforceable by any person who is not party to the Agreement.

19.4. If we do not exercise or enforce a right under these Terms against you at any time, this does not prevent us from doing so at a later date.

19.5. The Agreement sets out the entire agreement between you and Us relating to the purchase of the Car. The Agreement will replace any prior discussions or agreement between you and us relating to the purchase of the Car.

19.6. These Terms and the Agreement are governed by English law and you and we both agree that we will issue any legal proceedings in connection with any dispute or claim arising in relation to these Terms and the Agreement in the courts of England and Wales.

19.7. If you live in Scotland or Northern Ireland at Delivery or Collection, we or you may issue any legal proceedings in connection with any dispute or claim arising in relation to these Terms and the Agreement in the courts of Scotland or Northern Ireland respectively.