We are a subscription service that provides our members with access to vehicles, which are supplied by manufacturers or dealers.
1.1What these terms cover. These Terms govern your use of our service. We are Wagonex Limited, and our registered office is at Acre House, 11-15 William Road, London NW1 3ER. Our company number is 10312289. Our registered VAT number is 256 9599 39. You are the individual using the services that we provide for your personal use, and not for use in connection with your trade, business, craft or profession.
1.2Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide our services to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
2.2How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.3Writing includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
2.4We act as agents. This means that when you have selected a vehicle, you enter into a contract through us, as agent for the vehicle provider. So, for example, if you select a Mini, you will enter into a contract that has us as the other party, but we in turn are actually entering into the contract with you on behalf of BMW or the BMW dealer. We are an intermediary, or agent, or broker – those words all mean the same thing.
3.OUR CONTRACT WITH YOU
3.1Membership. Your membership will run for an initial year, and then continue month-tomonth until terminated. During the initial year, you must pay us monthly in advance, each month. Unless you cancel your membership before the renewal date (that is, the end of the initial year), you authorize us to charge your next month's membership fee to your chosen payment method (see the "Your rights to end the contract" section below). To use our service, you must provide us with a current, valid, accepted method of payment, which you may update from time to time ("Payment Method"). You can find specific details regarding your membership with us by visiting our website and clicking on the "My Account" link available at the top of the pages of our website under your profile name.
3.2One month deposit will be taken. That means that you pay us both the deposit and the first month's membership charges at the start of the membership.
3.3How we will accept your membership. Our acceptance of your membership will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.4How we will accept your vehicle order. Our acceptance of your vehicle order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.5If we cannot accept your vehicle order. If we are unable to accept your order, we will inform you of this in writing. This might be because the vehicle is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the vehicle or because we are unable to meet a delivery deadline you have specified.
3.6Your vehicle order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.7We only supply in the UK. Our website is solely for the promotion of vehicles in the UK. Unfortunately, we do not accept orders from addresses outside the UK.
4.1Billing Cycle. The membership fee for our service will be billed on a monthly basis to your Payment Method on the calendar day corresponding to the commencement of your paid membership. In some cases the timing of your billing may change, for example if your Payment Method has not successfully settled or if your membership began on a day not contained in a given month.
4.2Payment Methods. You can change your Payment Method by visiting our website and clicking on the "My Account" link. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not change your Payment Method or cancel your account, we may suspend your access to the service until we have obtained a valid Payment Method. You authorize us to continue billing the Payment Method, as it may be updated and you remain responsible for any uncollected amounts. This may result in a change to your payment billing dates.
4.3Changes to the Price and Service Plans. We may change our service plans and the price of our service from time to time; however, any price changes or changes to our service plans will not apply to you earlier than 30 days following our email notice to you.
5.PASSWORDS AND ACCOUNT DETAILS
Passwords. You should not share your password nor the Payment Method details with anyone. You are responsible for updating and maintaining the accuracy of the information that you provide to us relating to your account with us.
Vehicles may vary slightly from their pictures. The images of vehicles on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the vehicle. Your vehicle may vary slightly from those images.
7.YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the vehicle you have ordered please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the vehicle, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
8.PROVIDING THE VEHICLES
8.1This is a contract for a subscription to receive goods. We will supply the services to you until you end the contract as described in clause 9 or we end the contract by written notice to you as described in clause 10.
8.2We are not responsible for delays outside our control. If our supply of the vehicles is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any vehicles you have paid for but not received.
8.3Collection by you. In general, you need to contact the dealer directly to agree those arrangements. If you want to collect the vehicle from the dealer, we or the dealer will arrange delivery of the vehicle to you.
8.4When you become responsible for the vehicle. You are responsible for the vehicle from the moment you collect it, or if agreed, it is delivered to you.
8.5You do not own the vehicle. All vehicles used under our service remain the property of the dealer, and do not become yours.
8.6What will happen if you do not give required information to us. We will need certain information from you so that the vehicle can be supplied to you, for example, confirmation that you hold a driving licence with fewer than 9 penalty points on it. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying a vehicle late or not supplying it at all if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
8.7We will need updated information. You must notify us if you receive any additional penalty points on your licence. We may also contact the supplier fot he vehicle to obtain this information. This is a key obligation on you.
8.8Reasons we may suspend the supply of a vehicle to you. We may have to suspend the supply of a vehicle to:
8.8.1deal with technical problems or make minor technical changes;
8.8.2update the vehicle to reflect changes in relevant laws and regulatory requirements.
8.9Your rights if we suspend the supply of vehicles. We will contact you in advance to tell you we will be suspending supply of the vehicle, unless the problem is urgent or an emergency.
8.10We may suspend supply of the vehicles if you do not pay. If you do not pay us when you are supposed to, we may suspend your membership, and take all steps that we consider appropriate to take back a vehicle that is in your possession under your membership of our programme. Vehicles may be fitted with tracking devices, and devices that stop the vehicle form moving, which we may activate it you do not pay us money you owe to us.
9.YOUR RIGHTS TO END THE CONTRACT
9.1You can always end your contract with us. You may be able to get a refund if you are within a 14 day cooling-off period (see the next paragraph), but this may be subject to deductions and you will have to pay the costs of return of any vehicle.
9.2Exercising your right to change your mind as a consumer (Consumer Contracts Regulations 2013). As a consumer, you have a legal right to change your mind about membership within 14 days and receive a refund. If during that time you have already taken a vehicle, you will need to return it promptly to the dealer, and pay any reasonable costs of doing so. We may retain any money that you have paid to us to cover the repair costs of any damage to the vehicle while you have had it.
9.3Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
9.3.1by email. Email us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
9.3.2by post. Simply write to us at Acre House, 11.15 William Road, London NW1 3ER, including details of your membership and your name and address.
9.4Returning vehicles after ending the contract. If you end the contract for any reason and have a vehicle through us, you must return it immediately.
9.5How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for unused membership (or for your full membership if you have not taken a vehicle and are cancelling in the first 14 days), by the method you used for payment. However, we may make deductions from the price, as described below.
9.6When your refund will be made. We will make any refunds due to you as soon as possible.
10.OUR RIGHTS TO END OR SUSPEND THE CONTRACT
10.1We may end the contract if you break it. We may end your membership at any time by writing to you if:
10.1.1you do not make any payment to us when it is due and you still do not make payment within 5 days of us reminding you that payment is due;
10.1.2you do not, within a reasonable time of us asking for it, provide us with information that is necessary for you to be provided with the vehicle, or fail to provide us with updated information as required; or
10.1.3you materially break these terms.
10.2We may withdraw the service. We may write to you to let you know that we are going to stop providing our service. We will let you know at least one month in advance of our stopping the supply of vehicles and will refund any sums you have paid in advance for membership after the date of termination.
10.3We may suspend this contract if you break it. Instead of ending your membership, we may suspend it if you break these terms, for so long as we consider reasonable.
11.IF THERE IS A PROBLEM WITH A VEHICLE
11.1Who to tell about problems. If you have any questions or complaints about a vehicle, please contact the dealer direct.
11.2Who to tell about any vehicle damage or accidents. If the vehicle is damaged while you have it, you must email us details of the damage (with photos and details of what happened and where) as soon as it is safe to do so, to firstname.lastname@example.org.
12.OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER
12.1We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill.
12.2We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights where we may not limit our liability to you.
12.3We are not liable for business losses. As you are a consumer, we only supply the vehicles for to you for domestic and private use.
13.HOW WE MAY USE YOUR PERSONAL INFORMATION
13.1How we will use your personal information. We will use the personal information you provide to us:
13.1.1 to supply the vehicles to you;
13.1.2 to process your membership and any payment in connection with the vehicles.
13.2We have installed a tracking devise on each vehicle. That means that we and the tracking company that we use are able to track the vehicle at all times. We only use that data to know where the vehicle is, and only plan to use it to recover the vehicle (including by notifying law enforcement and emergency service providers) and for insurance purposes.
13.3We will only give your personal information to third parties where the law either requires or allows us to do so. We may share your information with vehicle dealers in connection with any vehicle you wish to have supplied to you.
14.OTHER IMPORTANT TERMS
14.1No smoking. You may not smoke in the vehicle, or allow any passenger to smoke in it. If we detect that there has been any smoking in the vehicle, we will charge you for the cost of cleaning the car, and we may suspend your membership.
14.2No pets. You may not transport any pets or other animals in the vehicle. Again, if we detect that there has been any animal in the vehicle, we will charge you for the cost of cleaning the car, and we may suspend your membership.
14.3We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
14.4You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
14.5Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.6If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.7Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
14.8Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the vehicles in the English courts. If you live in Scotland you can bring legal proceedings in respect of the vehicles in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the vehicles in either the Northern Irish or the English courts.
Wagonex Privacy Statement
Thank you for taking the time to read our Privacy Statement.
Wagonex Limited, whose registered office is at Acre House, 11-15 William Road, London NW1 3ER and company number 10312289 (“Wagonex”, "we", "us", "our") respects the privacy of visitors to our website and is committed to the protection of their personal information.
The purpose of this Privacy Statement is to explain what Wagonex does with personally identifiable information that you provide to us via this website www.Wagonex.com (the "Site"), such as your name, mailing address or email address, and any other information which is "personal data", as defined in the Data Protection Act 1998 ("personal data"). The sections of this Privacy Statement below explain more about how your personal data will be gathered, protected, shared and for what purposes we will use that personal data.
By accessing and using the Site and our services, you agree and consent to the collection, transfer, processing, use and disclosure of your personal data as outlined in this Privacy Statement.
Collection of Information
Some of our services require registration. Your registration on the Site and provision of your personal data allows us to send you information that you request or to contact you about Wagonex services on either a one-time basis or longer, provide you with tips, helpful information, product news and updates and/or seek your views on our services. Registration is optional but if you choose to withhold any personal data requested by us, please note that it may not be possible for you to gain access to certain parts of the Site or for us to provide information or services that you have requested.
This Site is not intended or designed to attract anyone under the age of .
Wagonex limits the collection and processing of personal data to what is necessary to fulfil the intended purpose of requesting such data. We shall take reasonable steps to ensure that any personal data collected is accurate, complete, and current.
We hereby notify you that we propose to collect and use your personal data in accordance with this Privacy Statement when you seek to register for a Wagonex service. You may discontinue our use of your personal data if you later decide that you no longer want us to (also known as "opting out" or "unsubscribing"). If we wish to use this information for purposes other than those for which the data was initially collected, we will obtain your consent. We will also offer a means to opt out of receiving any further such communications.
Collection of Anonymous Computer Information
When you visit the Site, we do not collect any personal data about you without your permission. However, we do collect anonymous information about you if your computer is set to allow that type of collection. This type of information allows us to monitor traffic on the Site, evaluate customer interest and perform other market research activities, such as surveying browsing habits on our sites, including the Site. This may include the following anonymous information:
Use of IP addresses
An Internet Protocol (IP) address is a set of numbers that is automatically assigned to your computer whenever you log on to your Internet service provider or through your organisation's local area network (LAN) or wide area network (WAN). Web servers automatically identify your computer by the IP address assigned to it during your session online.
Use of Your Personal Data
We will use your personal data in the following ways: to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information and services that you request from us; to provide you with information about other services we offer that are similar to those that you have already purchased or enquired about; and to provide you, or permit selected third parties to provide you, with information about services we feel may interest you.
If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about services similar to those which were the subject of a previous sale or negotiations of a sale to you. If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this. If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data (the order form or registration form); to notify you about changes to our goods or service; and to ensure that content from our site is presented in the most effective manner for you and for your computer/device.
Sharing Your Information with Third Parties.
Wagonex will not share your personal data with third parties who are not associated entities (such as members of our group of companies – for which, see below) for their own use unless we have obtained your consent to do so. When you provide personal data to Wagonex, it will be accessible to some of Wagonex's business partners, such as companies we retain to fulfil requests for information or provide assistance on specific programs or projects. Wagonex requires third parties to whom it discloses personal data to protect personal data using substantially similar standards to those required by Wagonex. We also require that these third parties not use your personal data for any use that is not specifically authorised by Wagonex.
There may also be instances in which Wagonex is required to share your information with third parties who have not been retained by us (directly or indirectly), such as if we are required to do so because of an applicable law, court order or governmental regulation, or if such disclosure is otherwise necessary in support of a criminal or other legal investigation or proceeding. Furthermore, in the event that Wagonex sells or buys any business assets or if Wagonex or substantially all of its assets are acquired by a third party, we may disclose your personal data to the prospective seller or purchaser. Entities receiving personal data under these conditions typically have privacy requirements that apply to their handling of your information.
Personal data collected from you may also be transferred to a third party in the event that the business of the Site and the customer data connected with it is sold, assigned or transferred. In the event that such sale, assignment or transfer should occur, Wagonex would require the buyer, assignee or transferee to treat your information in accordance with this Privacy Statement.
Sharing Information with Other Wagonex Companies or Affiliates.
The personal data that you provide to Wagonex may be shared with other companies within the Wagonex group of companies. This may mean that your personal data may be transferred to Wagonex affiliates at, and stored at, a destination outside the European Economic Area. By submitting your personal data, you agree to this transfer, storing or processing. Other Wagonex companies or affiliates that may receive your personal data will abide by substantially similar privacy requirements relating to your personal data. Other Wagonex companies to whom we provide your personal data may use your personal data in the same way as we may. We strive to protect personal data entrusted to us no matter what country the information is stored in or transferred to, and have appropriate procedures in place to help ensure the security of your personal data.
Security of Your Information.
We use appropriate technical, administrative and physical safeguards to protect data that you provide to us from loss, misuse or alteration. Despite these safeguards, it is not possible to guarantee the absolute security of personal data. Internet transmissions, particularly email transmissions, are never 100% secure or error-free. We also caution you to guard your own computer and password against unauthorised access or use by others.
Links to Other Sites.
This Privacy Statement applies only to the Site and not to third party web sites. The Site may contain links or references to other web sites maintained by third parties over which Wagonex has no control. Similarly, the Site may be accessed via third party links or web sites over which Wagonex has no control. While we aim to ensure that such web sites are of a high standard, we cannot guarantee the privacy standards of web sites to which we link. This Privacy Statement is not intended to be applicable to any linked, non-Wagonex owned or operated site. Please ensure that you check the legal and privacy statement posted on each website you link to before entering any personal data.
Updating and Accessing Information.
We encourage you to update all information that you provide to us to ensure that such information is accurate and current (e.g., updating your mailing address if you move). This will help us continue to provide information that best meets your needs. The Data Protection Act 1998 gives you the right to access information held about you. Your right of access to your personal data can be exercised in accordance with that Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you. You can also exercise the right at any time by contacting us at the address given below. All requests to update or access your information will be subject to verification of the identity of the requesting individual, to help protect your data from unauthorised access or alteration by third parties. Wagonex complies with laws and regulations applicable to the right to amend your data in our files.
Updates to Wagonex Privacy Statement.
Wagonex may update this Privacy Statement from time to time. If the changes are material, we may post a notice on the Site but we may not always update you. We encourage you to review our Privacy Statement periodically so that you aware of any changes. Your continued use of the Site constitutes your agreement to the Privacy Statement and any updates.
How to Contact Us.
If you have any questions about our Privacy Statement, please write to us at email@example.com.