Dent Magician Terms and Conditions
Definitions:
"The Company" - the person who is the vendor of the services an or goods to the customer. In this case, Dent Magician.
"The Customer" - the person contracting for goods and services to be supplied by The Company
"Consumer" - a Customer being an individual who, for the purposes of the purchase, is acting wholly or mainly outside of their trade, business, craft or possession
"Goods" - means all things to be sold by The Company to The Customer
"Services" - means all services including repairs, proved by The Company to The Customer
1. Whole Contract. These terms shall represent the whole contract between The Company and The Consumer. They may be varied only by written agreements between the parties.
2. Interpretation. The singular shall include the plural and the male shall include the female or business entity as may be appropriate.
3. Enforceability. In the even of any one or more of these terms and conditions being declared unenforceable, the remaining terms and conditions shall nonetheless remain in full force and effect.
4. Estimate
(a) Unless specifically agreed in writing, all work is agreed on an estimate basis;
(b) Unless specifically agreed in writing, time for completion of any work is not essential;
(c) Any estimate is based on the costs of labour and material relevant at this date and the Company reserves the right to alter the charges to meet any variations, whether due to increase in wages (controlled by national agreements), materials or increased cost from any other cause outside of The Company's reasonable control;
(d) Should any additional work or materials be found necessary in the course of these repairs or subsequent testing, it will be necessary to make an extra charge. Where this addition work involves a substantial increase in the amount estimated, a supplementary estimate will be submitted to The Customer for acceptance.
5. Paintwork.
Where new paintwork is required and the metal work is found to be rusted, every reasonable precaution will be take to prevent this penetrating through after completion of painting, but no guarantee can be given in this respect. If partial paintwork only is required every endeavour will be made to match the existing colour schemes, but no guarantee can be given of a perfect colour match.
6. Goods Supplied
(a) Where the service include the provision of goods, The Company reserved the right to impose a handling charge on goods returned for credit (which have been correctly supplied to order);
(b) All 'Special Orders' correctly supplied and of satisfactory quality will not be accepted for credit. Goods supplied that are of satisfactory quality will not be accepted for credit more than 7 working days from the date of issue of an invoice;
(c) Worn units will only be accepted in a clean and oil free condition;
(d) All claims or queries pertaining to the invoice must be made within 7 working days of issue of an invoice quoting the invoice number;
(e) In the event of cancellation, for any reason, the customer agrees to return any Goods to The Company's premises;
(f) The title in any goods/services shall pass when the payment has been received by The Company (and all cheques/bankers drafts cleared) and not on delivery. Until such time as the property in the goods passes to The Customer, The Company shall be entitled at any time to require The customer to deliver up the goods and if The Customer fails to do so forthwith, to enter upon any premises of The Customer or any third party (including where The Customer is an administrator/recevership) The Customer must store the goods separately from other goods until paid for.
7. Variation.
Any variation agreed between The Company and The Customer regarding the Goods to be supplied shall be deemed to be an amendment to this Contract and shall not constitute a new contact.
8. Delivery
(a) The Company shall give the estimated time for the repair of the vehicle and shall make every effort to inform The Customer if this estimated time cannot be met, although The Company can accept no responsibility for delays outside its control'
(b) Unless otherwise agreed in writing delivery of the Goods shall take place at the Dealer's premises.
9. Payment
(a) Payment in respect of any service or work undertaken shall be made on or prior to taking delivery of the vehicle unless a credit account has been opened;
(b) The Dealer has the right to charge a customer is they pay by Credit or Debit Cards.
10. Warranties
(a) Except where The Customer is acting as a Consumer, in so far as liability may be place upon The Company by the Consumer Rights Act 2015 or any other statutory provision, or in respect of a vehicle subject to a manufacturer's warranty or other written warranty, no warranty is given or implied as to the quality of Goods or Services or their fitness for any particular purpose whether known to The Company or not;
(b) The Company will, however, without prejudice to its right hereunder, correct all faults in goods or services carried out by The Company and occurring by reason of The Company's default or negligence and shown to be such to The Company's satisfaction;
(c) Subject to clause (d) below, The Company assigns to The Customer, the benefits of any applicable manufacturer's warranty for parts fitted to a vehicle in the course of repair or service;
(d) The Company's obligations under the contract shall be mitigated or removed if any defect is caused or worsened by any of the following:
(1) Failure to notify The Company of the defect;
(2) Failure to afford The Company opportunity to rectify the problem
(3) Subjecting the goods to misuse, negligence or accident or using the vehicle for rallying or similar sports
(4) Installation of a part into the goods not approved by either the manufacturer or The Company, or altering them in a way not approved by either the manufacturer of The Company;
(5) Failure to adhere to maintenance instructions regarding the care, treatment or upkeep of the goods or in failing to have servicing and preventative maintenance carried out as recommended by either the manufacturer or The Company.
11. Liability.
Where The Company contracts to carry out a defined repair or diagnostic operation, The Company's liability shall be limited to the performance of such work as may be defined by the standard manufacturer's schedule as coming within the scope of such operation.
12. Use of The Customer's vehicle.
The Company and its employees and agents are expressly authorised to use The Customer's vehicle on the highway and elsewhere for all purposes in connection with the work outlined. The Company undertakes to take reasonable care of the vehicle so used, and to provide legally required insurance of the vehicle.
13. Authority to Contract.
Goods supplied by the order of any person in The Customer's employment or by any person reasonably believed by The Company to be The Customer's agent or by any person to whom The Company is entitled to make delivery of the vehicle, shall be paid for by The Customer.
14. Authority to Uplift.
Where a person who, so far as The Company is aware, has authority to uplift Goods or Vehicles and does so, The Company shall have no liability to The Customer for any loss or damage resulting on any grounds whatsoever. It shall not be obligatory upon The Company to confirm the authority of any person reasonably believed to be the agent, or to have been at some time, connected with The Customer.
15. Lien.
The Customer acknowledges that The Company has a legal lien upon any vehicle or vehicles left with The Company for supply of goods and services for all monies due from The Customer on any account.
16. Risk / Delay.
Subject to the provisions of the Consumer Rights Act 2015 and any amendment thereof, vehicles, including components, fittings and contents are left with The company entirely at The Customer's risk. The Company shall in no circumstances be liable for loss or damage thereto or for the delay in completing service or repairs unless the same is caused by the negligence of default of The Company, its employees or agents.
17. Bankruptcy / Insolvency of Customer.
If The Customer shall become bankrupt or insolvent or make any agreements with the creditors or allow a Receiver of their effects to be appointed or being body corporate enter into liquidation The Company shall have the right to terminate any agreement with The Customer subject to those conditions and henceforth cease to have any further obligation under the contract. In these circumstance the price for all services rendered and goods supplied shall immediately become payable.
18. Storage Charges.
If following the completion of Service The Customer's vehicle(s) us left at The Company's premises or the premises of The Company's agent, then The Company reserves the right to make a reasonable daily charge for the storage of the vehicle(s).
19. Replacement Parts.
The Company shall obtain The Customer's express permission to repair or to fit repaired units where new parts quotes for are unavailable or not obtained within a reasonable time.
20. Exchange Units.
In the event of a factory-reconditioned unit being fitted, a surcharge may be made pending examination by the manufacturers to confirm that the unit is, in their opinion, fir for reconditioning with the Exchange Scheme. If the unit is accepted for reconditioning, and the manufacturer's credit note is received, the surcharge will be cancelled.
21. Disposal of Uncollected Goods.
Any vehicle which is not collected but The Customer and in respect of which payment for repairs carried out has not been made within three calendar month of The Customer having been advised of the completion of the work may be sold by The Company and the cost of the repairs and any storage charges may be deducted by The Company from the net proceeds of the sale of the vehicle. However, before proceeding to sell the vehicle The Company shall first give The Customer seven days written notice of its intention to do so which notice shall be sent by prepaid first class post to the address of The Customer last know to The Company and shall be deemed to have been received by The Customer on the day following the date of posting, or if that shall be a Sunday or Public Holiday, to be the first working day thereafter. Any sale of the vehicle under this clause shall be by auction and The Company shall after discharging the costs of the sale, the repairs and the storage charges, at its absolute discretion, either retain the balance for the benefit of The Customer or forward the same to The Customer at The Customer's last known address.
22. Data Protection.
The Company will hold the information supplied by The Customer for sales, service and warranty purposes as Data Controllers. This information may be passed to our carefully selected third party partners. The Company, or they, may contact The Customer by email, telephone or letter to inform The Customer of products or services which may be of interest to The Customer, or The Customer may be asked to participate in a customer survey by either The Company, Manufacturer or third party. If The Customer does not want their information used in this way please notify us.
23. Distance Selling Regulations
(a) Where The Customer is acting as a Consumer if this Agreement has been conducted without any face to face contact between The Company and The Customer, or anyone acting on each party's respective behalf, The Customer has the right to cancel an Agreement without giving any reason. The cancellation period will expire 14 days from the day on which The Customer first instructs us to carry out the service or repair and no service or repair can be performed within this period unless the Customer expressly requests we do so.
(b) To exercise the right to cancel, The Customer must inform The Company of their decision to cancel an Agreement in writing by clear statement (e.g. a letter sent by post or email).
(c) If The Customer requests any service to be provided during the 14 day period then they will lose the right to cancel this Agreement. The Customer shall pay The Company an amount which is in proportion to that service performed until they communicated their cancellation of the agreement.
(d) If The Customer cancels an Agreement, The Company will reimburse to The Customer all payments received from The Customer under the Agreement, without undue delay, and not later than;
(1) 14 days after the date on which The Company receives any Goods back;
or (2) (if earlier) 14 days after the day you provide evidence that The Customer has returned any Goods;
or (3) if there were no goods supplied, 14 days after the day on which The Company are informed about The Customer's decision to cancel the Agreement;
(e) The Company will make the reimbursement using the same means of payment as The Customer used for the initial transaction, unless The customer has expressly agreed otherwise, but in any event The Customer will not incur any fees as a result of reimbursement.
(f) The Company may without reimbursement until The Company has received any Goods back or The Customer has sent evidence of having sent back any Goods to The Company, whichever is the earliest. The Customer should send back any Goods or deliver them back to The Company at their address, without any undue delay and in any event no later than 14 days after the day on which the Customer communicated cancellation of this Agreement to The Company.
(g) This deadline is met if The Customer sends back any Goods before the period of 14 days has expired. The Company will require that The Customer bears the cost of returning any Goods to The Company.
24. Return of Parts
(a) The Customer must take reasonable care of any Goods whilst they are in The Customer's possession. The Customer will be responsible for any loss or damage from when they are delivered to The Customer until and when they are returned to The Company.
(b) The Customer is liable for any diminished value of any Goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Goods.
Complaints.
25. Statutory Rights.
Where The Customer us acting as a Consumer, nothing in this contract is intended to exclude or limit The Customer's statutory rights.
Dent Magician Privacy Policy
Dent Magician Limited
69-75 Brighton Road,
Shoreham-by-Sea,
West Sussex,
BN43 6RE
Registered office:
The Courtyard Shoreham Road,
Upper Beeding,
Steyning,
West Sussex,
BN44 3TN
Company registration number (in England):
02690990
VAT registration number:
GB587742194
Website URL:
www.dentmagician.co.uk
Introduction
Your privacy is important to us at Dent Magician Limited and we are committed to protecting and respecting your data and privacy.
This policy addresses what personal information we collect from you and how we handle the information we collect from you and you provide to us.
Collecting personal information
We may collect, store and process the following data supplied by you:
- Information that you provide to us when registering on our website. This includes but is not limited to enquiries and quotation requests. Information you provide to us may include name, address, email address, telephone number and vehicle details (including registration number);
- Information that your provide to us when signing up to any distribution lists to receive correspondence from us;
- Information relating to any purchases you make of our goods or services, including any other transaction details made via any of our websites (including your address, telephone number and payment details)
Using personal information
Personal data we receive from you will be used for the purposes it was provided, including:
- Meet the terms of your order;
- Provide customer services, including repair valuations;
- Marketing;
- Measure and improve our service levels via surveys;
- Enable your use of the services available on our website;
- Send you goods purchased through our website;
- Supply to you services purchased through our website;
- Send you statements, invoices and payment reminders to you, and collect payments from you;
Consent
Where you have provided your consent, we may use and process your information to:
- Contact you from time to time about promotions, events, products, surveys, services or information that we think may be of interest to you. Don’t worry, we won’t bombard you;
- To share your personal information with our carefully selected reputable partners who offer services for us, including but not limited to customer satisfaction surveys.
You can withdrawn your consent at any time by contacting us using the methods detailed at the end of this policy.
Disclosing personal information
We may share the information you provide us with our carefully selected partners. We will never sell your personal information, it’s our guarantee.
When we may be required to share personal data:
- We may disclose your personal information to any of our staff, agents, suppliers or subcontractors where it would be reasonable to do so. If consent is necessary to facilitate this sharing we will ensure it is obtained prior to processing;
We may be legally obliged to disclose your personal information:
- To the extent we are required to do so by law;
- In connection with any ongoing or prospective legal proceedings;
- In order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk);
- To any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information.
We may share your information with our carefully selected service providers who work on our behalf and are our franchise partners. Our third party providers will have their own applicable policies for their handling of your data. Please refer to them directly and / or their websites for more information. They do not have an independent right to use the information to which they have access or that we disclosure to them.
Security of personal information
We will take all reasonable technical and organistation precautions to prevent the loss, misuse or alteration of your personal information;
- We will electronically store all the personal data you provide on our secure internal system. Each account is password protected;
- Hard copies of personal data you provide (this includes copies of quotations and invoices etc) will be stored securely in locked areas;
- We operate a strict Clear Desk Policy to ensure that your data is never left unattended. Dent Magician Limited provides lockable cabinets for additional security of paperwork;
- Dent Magician Limited restricts the use of portable devices, including mobile and IT equipment, in line with our internal Portable Device Usage Policy;
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our very best to protect your personal information, we cannot absolutely guarantee the security of your information whilst in transit to our website and any transmission is at your own risk.
How long do we keep your information for?
We do not retain personal information in an identifiable format for longer than is necessary.
If we have a relationship with you (for example; you purchased a used vehicle from us), we hold your personal information for 6 years from the date our relationship ends. We hold your personal information for this period to establish, bring or defend legal claims.
Where we have obtained your personal information following a request of information, quotation request etc, we hold your information for up to 1 year from the date we collect that information, unless during that period we form a relationship with you (eg: you have work carried out by us). We hold your personal information for this period to give us an opportunity to form a relationship with you.
Paper documents are disposed via an approved shredding contractor.
Legitimate Interests
We may use and process your personal information where it is necessary for us to carry out activities for which it is in our legitimate interests as a business to do so.
Processing necessary for us to support customers with quotation requests and other enquiries:
- To respond / follow up to correspondence you send us and fulfill the requests you make to us. We will only contact you in regards to your initial enquiry;
Contractual Performance
We may use and process your personal information where it is necessary to perform a contract with you and to fulfill and complete your orders, purchases, vehicle repair and maintenance and other transaction entered into with us or our selected partners.
Your rights
You have a number of rights in relation to your personal information under data protection law:
Accessing your personal information:
You may instruct us to provide you with any personal information we hold about you, via a Subject Access Request. As part of this request, two forms of identification must be supplied - a form of photo identification and proof of address (e.g. utility bill)
Upon receipt of such a request we will, after confirming your identity, provide a copy of all the relevant data we hold to you in the most practical format unless otherwise stipulated and reasonably possible within 30 days. This will be provided free of charge.
We may withhold personal information that you request to the extent permitted by law.
Correcting and updating your personal information:
The accuracy of your information is important us and we will work with you to correct and update personal information as quickly as possible from your request, at the very latest within 30 days. Contact us via the methods at the end of this policy. This will be completed free of charge.
Erasing your personal information:
At any time you can request the deletion or removal of your personal information by contacting us using the details at the end of this policy. In certain circumstances, this right does not provide individuals with an absolute ‘right to be forgotten’. This will be completed free of charge.
Transferring your personal information:
You can ask us at any time to send your personal information directly to other service providers and we will do so as long as it is technically possible. This request must be made using the contact methods at the end of this policy. The data we provide will be commonly used and machine readable, likely to be a CSV file. This will be completed free of charge.
Withdrawing your consent:
At any time you can withdraw your consent by contacting us using the details at the end of this policy. If you would like to withdraw your consent to receiving any direct marketing to which you previously opted-in, you can also do so by using our unsubscribe tool, usually at the bottom of the email you receive. This will be completed free of charge.
Links to other websites
Our website may contain links to other websites run by other organizations which we do not control. This policy does not apply to those other websites so we encourage you to read their privacy statements. Dent Magician Limited are not responsible for the privacy policies and practices of other websites (even if you access them using the links we provide) and we provide links to those websites solely for your information and convenience.
Recorded telephone calls
If you contact us via one of our tracked telephone numbers your call will be recorded. Telephone call recordings are kept for three months and are hosted by our chosen supplier MediaHawk. Whilst we don’t listen to every individual call, we often use the recordings for monitoring, training and regulatory purposes.
Closed-circuit television (CCTV)
For your safety, the safety of our staff and the prevention of crime, CCTV monitors our premises. If required to do so by law, copies of our CCTV monitoring may be passed onto the police. CCTV monitors our premises 24/7.
Cookies
Cookies are small text files which are placed on your computer by websites you visit. They are widely used to make websites work, or run more efficiently, as well as to provide information to Dent Magician Ltd.
For the site to operate correctly, you need to have cookies enabled. If you decide not to enable cookies, you can still browse the site but many key features may not be available. Most web browsers have cookies enabled, but if you wish to turn them off please use your browser’s help facility.
Please note cookies can't harm your computer. We do not store sensitive information in the cookies we create, but we do use encrypted information gathered from them to help improve your experience of the site.
Information Commissioners Office (ICO)
Frosts (Cars) Ltd are registered with the ICO. Registration reference: Z6036154. If you are un-happy, you have the right to complain to the UK’s data protection regulator, the ICO. For contact details visit ico.org.uk.
Changes to our Privacy Policy
This version of our Privacy Policy is live from 10th January 2019. The contents of this statement may change from time to time so you may wish to check this page occasionally to ensure you are still happy to share information with us.
Contacting Dent Magician Limited regarding data protection
There are several easy ways to contact Dent Magician Limited in relation to any data protection enquiries:
Post:
Data Protection Officer,
Dent Magician Limited,
69-75 Brighton Road,
Shoreham-by-Sea,
West Sussex,
BN43 6RE
Telephone:
01273 461411