Enyaq Terms and Conditions

1. INFORMATION ABOUT US AND HOW TO CONTACT US

1.1 We are Volkswagen Group United Kingdom Limited a company registered in England and Wales. Our company registration number is 514809 and our registered office is at Yeomans Drive, Blakelands, Milton Keynes MK14 5AN. Our registered VAT number is 217990930.

1.2 You can contact us by telephoning our customer service team or by writing to us. Our contact details will be confirmed on your Order Form. Alternatively, please contact one of our Agents (see section 5.2 below) who would be pleased to assist.

1.3 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 when placing your order.

1.4 When we use the words “writing” or “written” in these terms, this includes emails.

2. CUSTOMER TYPES COVERED BY THESE TERMS

2.1 When you order a New Vehicle from us under these terms and conditions, you will have the following options:

2.1.1 to purchase the New Vehicle from us outright and become the legal owner of the New Vehicle. You must use our accepted payment methods to ensure we receive payment for the New Vehicle in full. Accepted methods will be confirmed when you place your order, but these could be by bank transfer, cash, debit or credit card or through any other finance option which permits you to purchase the vehicle from us and become the legal owner. If you take this option, you will be a “Cash Customer”; or

2.1.2 to enter into a finance agreement with a third party finance company (a “Finance Provider”). Under this commercial arrangement, we will sell the New Vehicle direct to the Finance Provider, so they can then provide the New Vehicle to you under a separate legal arrangement that you will be required to enter into with the Finance Provider. If you take this option, you will be a “Finance Customer”.

2.2 You will need to confirm if you are a Cash Customer or Finance Customer at the point at which you place your order with us, as the extent to which these terms and conditions apply depend on which type of customer you are.

2.3 Please read these terms and conditions carefully before you sign an order form. They tell you about us, the ordering processes, how you and we may end the contract and other important information.

WHAT THESE TERMS COVER

3.1 For Cash Customers, these terms and conditions apply to your order and purchase of a New Vehicle from us.

3.2 For Finance Customers, these terms and conditions apply to: (i) your order of a New Vehicle from us; (ii) us making the New Vehicle available for supply; and (iii) us agreeing to sell the New Vehicle to the Finance Provider (in order to allow them to then provide the New Vehicle to you under the separate agreement you will enter into with them).

3.3 Our contract with you will become binding in accordance with section 6.12 below.

4. DEFINED TERMS WE USE IN THESE TERMS

4.1 In these terms:

4.2 “Agent” is defined at section 5.2 below.

4.3 “Approved Accessories” means non factory-fitted accessories we make available, which are installed by our Agents (on our behalf). For new vehicles tested under the Worldwide Harmonized Light Vehicle Test Procedure (WLTP), CO2 impacted and permanently installed non factory-fitted accessories will be fitted post-registration.

4.4 “Cash Customer” is defined in section 2.1.1 above.

4.5 “Finance Customer” is defined in section 2.1.2 above.

4.6 “New Vehicle” means the vehicle and where relevant, Approved Accessories ordered under these terms and conditions, as more fully detailed in your Order Form.

4.7 “Order Form” means the order form you sign in order to place an order for a New Vehicle in accordance with sections 6.5 - 6.9 below.

4.8 “You” or “your” means the person ordering a New Vehicle from us.

4.9 “We”, “us” or “our” means Volkswagen Group United Kingdom Limited, trading as Škoda UK.

5. THE ROLE OF OUR AGENTS

5.1 In all circumstances, when you agree to these terms and conditions, you are ordering the New Vehicle direct from Volkswagen Group United Kingdom Limited.

5.2 To promote and conclude orders for our New Vehicles under these terms and conditions, we appoint individual car retailers across the country to act as our agents (our “Agents”). Details of the Agent processing your order will be set out in the Order Form. This means that our Agents are acting on our behalf for the purpose of all New Vehicles being ordered under these terms and conditions. At no time will you be entering into a contract with our Agents when ordering any New Vehicle under these terms and conditions.

5.3 Please however see sections 7.3 and 7.4 below for more information on when you may choose to enter into separate contracts direct with our Agents in relation to the sale of additional products and/or services they may offer to you outside of our contract with you.

6. ORDER PROCESS

Searching and configuration of a vehicle

6.1 If you are interested in ordering a vehicle from us, our Agents will search for vehicles for you on our database and/or discuss with you configuration options for a vehicle, such as the type of model, specification, range, power output and colour. Our Agents are also able to search for a vehicle based on a previous configuration code provided to you by the Agent or on our website. At this stage of the process, our Agent will prepare an indicative commercial proposal for you to consider.

6.2 The indicative commercial proposal will set out the relevant details of a vehicle, setting out core information, including the main characteristics of the vehicle and our total sale price for the vehicle. All relevant campaign and other discounts available for the vehicle will also be shown. The indicative commercial proposal will also refer you to these terms and conditions so you can understand which terms will apply should you wish to place an order for the relevant vehicle.

6.3 Every indicative commercial proposal put together for you by our Agents will be personal to you, and will include a unique code which you can quote back to the Agent who initially prepared the indicative commercial proposition for you (or any other Agent in their organisation). This will allow them to recover the indicative commercial proposal they have put together for you.

6.4 Please note that indicative commercial proposals are illustrative only, and are not capable of acceptance by a customer. In no circumstances can we make any commitments that the vehicle details and/or price information (including the availability of any relevant campaign or other discounts) will be available should you choose to place an order with us through our Agent at a later stage.

Order Form

6.5 If you would like to proceed with placing an order, subject to any checks our Agents need to complete (which they will be able to confirm the details of prior to you placing an order), our Agent will prepare an Order Form for you to review. The Order Form will provide all the relevant information relating to the New Vehicle you would like to order.

6.6 Our Agent will highlight any relevant changes contained in your Order Form when compared to any previous indicative commercial proposition you may have been provided with (to allow you to fully consider them prior to placing an order based on the updated information). Changes may impact the price of the vehicle, available campaign or other discounts and/or configuration aspects of the vehicle. Changes may be made, for example, due to technical manufacturing difficulties, vehicle availability, changes in VAT rates applying to the vehicle, or any other business, technical or operational reasons which arise after the indicative commercial proposal was prepared. You are under no obligation to place an order at this stage if you do not agree with any changes made.

6.7 It is important that you carefully read the Order Form, including the information relating to the New Vehicle and these terms and conditions, before you sign it.

6.8 To place an order, you will be required to sign an Order Form, and you will usually be asked to do this at our Agent’s business premises.

6.9 In very limited circumstances, our Agents may have the discretion to enable you to agree to the contents of the Order Form and place an order through distance means (e.g. via phone calls and email exchanges).

Acknowledgement and acceptance of order

6.10 After you sign the Order Form, our Agents will either provide you in hard copy and/or send you by email a copy of your signed Order Form, attaching these full terms and conditions for your records. Our Agents will also contact you to confirm your order number. Please tell our Agents the order number whenever you contact them about your order. Please note that no contract will have been entered into between us at this point, and no contract will be legally binding on us unless we accept your Order Form as described in section 6.12 below.

6.11 If for any reason we cannot accept your exact order, we will inform you of this and your order will be cancelled. In these circumstances, you will have an opportunity to liaise with our Agents to prepare a new Order Form reflecting a different configuration, and the process described above will apply. We will refund any payments already made, where relevant.

6.12 We will send you an e-mail when your order has been accepted by us (“Contract Confirmation”). A contract between us will only be formed when we send you the Contract Confirmation. 6.13 If a New Vehicle you have ordered is listed at an incorrect price (or we notice that any other information is incorrect) due to an error on our part, if we have not yet accepted your Order Form, we will notify you of the error and arrange for a correct Order Form to be issued and signed by you to reflect the correct price.

 7. ADDITIONAL PURCHASES RELATING TO YOUR NEW VEHICLE

7.1 All New Vehicles being ordered from us will include all associated standard factory fitted equipment and accessories (as well as any relevant Approved Accessories that are ordered and agreed as part of your Order Form).

7.2 Please note that you may be required to agree to additional terms in relation to the supply of any associated digital products and services, whether supplied by us or other third parties (albeit the New Vehicle being ordered from us under these terms and conditions will, to the extent confirmed in your Order Form, include any associated hardware). Such digital products and services will be optional (so any decision not to acquire them will not impact on your ability to use your New Vehicle). Examples of associated digital products and services may include charging services, mobile applications and WiFi subscriptions. Our Agents can provide details of such optional associated digital products and services at the time you complete the Order Form.

7.3 In some circumstances, our Agents or other third party suppliers may offer a range of optional after-sales support, products and services to you (these may include, for example, servicing, spare parts and accessories etc., as applicable, including relevant installation, and delivery services once your New Vehicle is ready for collection) (“Additional Products”) or other funding, benefits or incentives (“Funding & Incentive Options”). All Additional Products and Funding and Incentive Options are provided under a separate contractual arrangement between the Agent (or relevant third party supplier) and you. If you are buying Additional Products, or are obtaining Funding & Incentive Options, this will be made clear to you before you sign.

7.4 As Volkswagen Group United Kingdom Limited is not a party to any contracts you enter into for Additional Products and/or Funding & Incentive Options, Volkswagen Group United Kingdom Limited does not, in any way, bear any responsibility or liability for the supply of such Additional Products, Funding & Incentive Options and/or related services.

8. PART EXCHANGE

8.1 In no circumstances will Volkswagen Group United Kingdom Limited purchase your current vehicle from you for the purposes of a part exchange arrangement.

Agent purchasing your current vehicle

8.2 Our Agent may agree to purchase your current vehicle under an entirely separate contract between you and the Agent. Volkswagen Group United Kingdom Limited will not, under any circumstances, be a party to any such separate contract entered into with an Agent in relation to the purchase of your current vehicle (and Volkswagen Group United Kingdom Limited is therefore not liable in any way for any loss or damage suffered under that contract).

Using the proceeds of the sale of your current vehicle towards the purchase price of your New Vehicle (Cash Customers)

8.4 Cash Customers may wish to use all (or some) of the proceeds from the sale of their current vehicle to our Agent as a cash contribution amount towards the price of the New Vehicle.

8.5 For Cash Customers, any proceeds of sale being used as a cash contribution amount towards the price of the New Vehicle will be retained by our Agent on our behalf and paid to us direct.

Using the proceeds of the sale of your current vehicle towards the New Vehicle being ordered (Finance Customers)

8.6 Finance Customers may wish to use all (or some) of the proceeds from the sale of their current vehicle as a cash contribution amount towards the price of the New Vehicle.

8.7 For Finance Customers who are required to make a cash contribution amount towards the price of the New Vehicle under their separate finance agreement with the Finance Provider, any proceeds of sale being used as a cash contribution amount towards the price of the New Vehicle will be retained and paid to us on behalf of the Finance Provider. This cash contribution amount will be taken into account for the purposes of determining the finance amount under the separate finance agreement with the Finance Provider.

Changes to an indicative part exchange valuation provided by the Agent

8.8 It is important to understand that any indicative part exchange valuation provided by the Agent in relation to your current vehicle during the order stage may change prior to you concluding the contract for the sale of your current vehicle to them.

8.9 Notwithstanding any changes to the part exchange valuation, Cash Customers remain fully liable for the New Vehicle price, and Finance Customers remain fully liable for any cash contribution amount they are required to pay as a condition of their separate finance agreement with the Finance Provider.

8.10 On this basis, if the price paid by the Agent for your current vehicle is less than the indicative part exchange valuation communicated by the Agent during the order stage, the following will apply:

8.10.1 if you are a Cash Customer, you will be required to make up any shortfall so that the New Vehicle price is paid for in full (either making the necessary payment direct to us using the payment details confirmed in your Order Form (which may delay your handover date), or if permitted, making such payment direct to our Agent, who will collect such amount on our behalf); or

8.10.2 if you are a Finance Customer, you will be required to either: 8.10.2.1 make up any shortfall so the total cash contribution amount showing on the Order Form and invoice remains unchanged (making the necessary payment on instruction of the Finance Provider, which may in some circumstances delay your handover date); or

8.10.2.2 agree with your Finance Provider to adjust the cash contribution amount you are making in relation to the New Vehicle. Please see section 11.7 for further details on what process will be followed in these circumstances.

8.11 In contrast, should the price paid by the Agent for your current vehicle be more than the indicative part exchange valuation communicated by the Agent during the order stage, the following will apply:

8.11.1 if you are a Cash Customer, the Agent will be required to pay any amount exceeding the indicative part exchange valuation communicated during the order stage direct to you.

8.11.2 if you are a Finance Customer, you will be able to either:

8.10.2.1 require the Agent to pay any amount exceeding the indicative part exchange valuation communicated during the order stage direct to you; or

8.10.2.2 if permitted, agree with your Finance Provider an adjustment to the cash contribution amount you are making in relation to the New Vehicle. Please see section 11.7 for further details on what process will be followed in these circumstances.

8.12 In the event that the indicative part exchange valuation of your current vehicle changes during the order stage and as a consequence of this you decide that you do not wish to proceed with the order of the New Vehicle, please see sections 18.12 – 18.14 below.

9. NEW VEHICLE PRICE

9.1 All New Vehicle prices are determined by Volkswagen Group United Kingdom Limited.

9.2 When you order a New Vehicle from us through our Agent, information about the price of your New Vehicle (which includes VAT) will be set out on the Order Form. For the avoidance of doubt, this includes all Approved Accessories that are ordered and agreed as part of your Order Form, and the prices shown includes all associated instalment costs.

9.3 The Agent will provide you with as much notice as possible if any applicable rate of tax is anticipated to change before you collect your New Vehicle. This may include, for example, changes in the rate of VAT, vehicle excise duty and first registration fee changes.

9.4 If a tax rate changes between the date of the Contract Confirmation and the date the New Vehicle becomes available for supply, we will need to adjust the rates payable (unless you are a Cash Customer who has already paid for the New Vehicle in full before the relevant changes take effect).

10. PAYMENT

PLEASE NOTE: ALL PAYMENTS MADE VIA A BANK TRANSFER MUST BE FROM A BANK ACCOUNT HELD IN YOUR NAME.

Cash Customers

10.1 For Cash Customers, the New Vehicle price will need to be paid by you in full prior to you collecting the New Vehicle.

10.2 Unless you are informed otherwise, all payments will need to be made using the bank details provided to you by our Agent. When making all payments, you will be required to include as a reference your “Customer Order Reference” number which can be found on your Order Form.

10.3 In all circumstances, you will need to have paid for the New Vehicle in cleared funds no less than 3 business days prior to your planned collection of the New Vehicle.

10.4 Please note that failure to make payment by the deadline confirmed by our Agent or use of an incorrect Customer Order Reference could result in a delay of the handover of your New Vehicle. In addition, in the event that you fail to make payments by the deadlines confirmed by our Agent, we will have a right to terminate our contract in accordance with section 17.2.1 below.

Finance Customers

10.5 For Finance Customers, the New Vehicle price will be set out in the Order Form, and the amount will be payable to us by the Finance Provider. For the avoidance of doubt, you will agree to separate payment terms for the finance option you have selected with the Finance Provider.

10.6 The Finance Provider will be required to pay the New Vehicle price to us in full. Where relevant, this will take into account any cash contribution amount you are required to pay as a condition of your separate finance agreement with the Finance Provider. In some circumstances, the Finance Provider may ask you to make this payment to us direct.

10.7 If the Finance Provider instructs you to make any payments directly to us, then unless you are informed otherwise, you must use the bank details provided to you. When making all payments, you will be required to include as a reference your Customer Order Reference number which can be found on your Order Form.

10.8 In all circumstances, we must have received all payments due from you in respect of the New Vehicle in cleared funds no less than 3 business days prior to your planned collection of the New Vehicle.

10.9 Please note that failure to make any relevant payment due from you in respect of the New Vehicle by the deadline confirmed by our Agent or use of an incorrect Customer Order Reference could result in a delay of the handover of your New Vehicle. In addition, in the event that you fail to make payments by the deadlines confirmed by our Agent, we will have a right to terminate our contract in accordance with section 17.5.4 below.

11. MAKING CHANGES TO A NEW VEHICLE ORDER

When we can make changes to a New Vehicle

11.1 We may change the New Vehicle to reflect changes in relevant laws and regulatory requirements and to implement minor technical adjustments and improvements, for example to address a safety defect or reflect the correct model year for the New Vehicle. These changes will not affect your use of the New Vehicle.

When you want to make changes to a New Vehicle

11.2 Dependent on when you request to make a change to the New Vehicle you have ordered, we may be able to accommodate these. Please note that we are under no obligation to permit changes, but we will do everything we reasonably can to accommodate such requests.

11.3 In the event that we cannot accommodate a change, our Agent will contact you in order to give you the option to proceed with your original order, or terminate your contract with us.

11.4 In the event that we are able to accommodate a change, our Agent will contact you in order to discuss your options. Please note that any changes we are able to accommodate may impact the price (including the availability of previously applied campaigns or discounts) or other configuration aspects of the New Vehicle. Our Agent will provide you with all relevant information around the impact of any decision to make the change, so you can make a fully informed decision on whether or not to proceed.

11.5 If you would still like to proceed with making the change, you will need to terminate our contract, and we will prepare a new Order Form to reflect the changes, and the process described above at section 6 will apply. In these circumstances, the provisions at section 18 below will also apply.

Changing your funding option

11.6 In the event that a Finance Customer decides that they no longer wish to enter into a finance agreement in respect of the New Vehicle, and instead would like to purchase the New Vehicle direct from us by way of bank transfer, cash, debit or credit card (as permitted) or through any other finance option which permits them to purchase the New Vehicle from us and become the legal owner (i.e. become a Cash Customer), then this will also be considered a change and sections 11.4 - 11.5 will equally apply. The same will apply if a Cash Customer decides, after placing their order, that they would like to enter into a finance arrangement with our Finance Provider.

Changing your cash contribution amount (Finance Customers only)

11.7 In the event that a Finance Customer decides that they would like to adjust the cash contribution amount they are paying in relation to the New Vehicle as a condition of a separate finance agreement with the Finance Provider, then this will also be considered a change and sections 11.4 - 11.5 will apply (this will be the case if the amount is being increased or decreased, and will apply whatever the reason for the change).

12. TIMESCALE FOR SUPPLY OF THE NEW VEHICLE AND WHEN WE MAY NEED TO DELAY SUPPLY OF THE VEHICLE

12.1 It is common in the automotive industry that lead times can be extended or changed at any time for many reasons that impact on the manufacturing and delivery timetable. When placing an order, and at the time your Order Form is accepted, you will be given an indication of the estimated lead time for when we expect your New Vehicle to be available (“Lead Time”). At a later date, you will also be given a date when we anticipate your New Vehicle being ready for collection (“Collection Date”). Such dates (as applicable) will be provided to you at the earliest opportunity by our Agents and are estimates only, subject to our amendment at any time, but our Agent will keep you updated of the same, but in the event of any ongoing delays, you will be entitled to terminate the contract as described in section 18.

12.2 If the Lead Time and/or Collection Date is delayed by an event outside our reasonable 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 please see section 18.2.3 for your rights to terminate the contract in such instances.

12.3 We may have to suspend the supply of a New Vehicle to:

12.3.1 deal with technical problems or make minor technical changes; or

12.3.2 update the New Vehicle to reflect changes in relevant laws and regulatory requirements.

12.4 We will contact you in advance to tell you we will be suspending supply of the New Vehicle, unless the problem is urgent or an emergency. You may contact us to end the contract for a New Vehicle if we suspend it, or tell you we are going to suspend it and we will refund any sums you have paid in advance for the New Vehicle.

13. WHAT HAPPENS WHEN THE NEW VEHICLE BECOMES READY FOR SUPPLY (FINANCE CUSTOMERS ONLY)

13.1 In respect of Finance Customers, once the New Vehicle is ready for supply, you will need to enter into a finance agreement with the Finance Provider in order to obtain the New Vehicle from them. Please note that the finance agreement you enter into with the Finance Provider is a separate contract, and Volkswagen Group United Kingdom Limited is not a party to that agreement.

13.2 Before you enter into a finance agreement, you will need to successfully pass all relevant identity, credit and affordability checks, as confirmed by the Finance Provider.

13.3 At the point at which we are able to confirm that you have entered into a finance agreement with the Finance Provider, we will immediately sell the New Vehicle to the Finance Provider you have entered into a finance agreement with. As a condition of these terms and conditions, we are entitled to take your signing of a finance agreement with a Finance Provider as a clear instruction to make this sale.

13.4 In no circumstances will you be permitted to collect your New Vehicle until such time that we a have verified with the Finance Provider that you have successfully entered into a finance agreement with them, and they confirm that we are able to release the New Vehicle to you.

14. COLLECTING YOUR NEW VEHICLE (ALL CUSTOMERS)

14.1 Before collecting the New Vehicle as described in this section, you will be permitted to visit our Agent’s site in order to inspect the New Vehicle (you may want to do this, for example, before you pay any final amounts owed to us). Prior to this visit, our Agent will also complete a pre-collection inspection and complete all necessary pre-registration requirements.

14.2 We may need certain information from you so that we can supply the New Vehicle to you. We will ask you for this information on notice. We will not be responsible for supplying the New Vehicle late if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

14.3 When you collect your New Vehicle, you (or the person you nominate) will be required to sign the handover documentation. The handover documentation will include important information to ensure that you can safely and lawfully drive away in your New Vehicle. 1

4.4 Our Agent will contact you to arrange a suitable date and time for collection of your New Vehicle. We may require photographic proof of your identity and address when you collect your New Vehicle (if this hasn’t previously been provided), and our Agent will ask for this information. Where relevant, our Agent will verify these documents before your New Vehicle is released to you.

14.5 If you do not collect the New Vehicle as arranged, our Agent (or if you are a Finance Customer, the Finance Provider) will contact you for further instructions and may charge you for storage costs (these will be confirmed to you when our Agent attempts to contact you to arrange collection).

14.6 A New Vehicle will be your responsibility from the time when the New Vehicle is collected by you (or someone you nominate). We will remain responsible for the New Vehicle until this time.

14.7 Cash Customers will own the New Vehicle once we have received payment in full and after you have correctly and fully completed the handover documentation.

15. DELIVERY OF YOUR NEW VEHICLE (ALL CUSTOMERS)

15.1 We cannot arrange to deliver your New Vehicle to you.

15.2 Our Agent may offer to deliver the New Vehicle to you, albeit this will be deemed an Additional Product and the provisions in section 7 will apply. In these circumstances, the New Vehicle will be your responsibility from the time when the Agent takes physical possession of the New Vehicle for the purposes of delivering it to you at your request. We will remain responsible for the New Vehicle until this time.

15.3 Please note that in circumstances where you arrange delivery of the New Vehicle direct with our Agent, all handover documentation will still need to be fully completed by you.

16. IF THERE IS A PROBLEM WITH THE NEW VEHICLE

Cash Customers

16.1 If after you have collected your New Vehicle and you have any questions or complaints, please contact our Agent in the first instance.

16.2 We are under a legal duty to supply the New Vehicle in conformity with this contract. Nothing in these terms will affect your legal rights. Section 16.3 summarises your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

16.3 The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your New Vehicle your legal rights entitle you to the following:

16.3.1 up to 30 days from the date you (or someone you nominate) collects your New Vehicle: if your New Vehicle is faulty, then you can get a refund;

16.3.2 up to six months from the date you (or someone you nominate) collects your New Vehicle: if your New Vehicle can’t be repaired or replaced, then you’re entitled to a full refund, in most cases, but we may make a deduction to reflect your use of the New Vehicle since you collected it from the Agent; and

16.3.3 up to six years from the date you (or someone you nominate) collects your New Vehicle: if your New Vehicle is defective you may be entitled to some money back.

16.4 If you wish to exercise any of your legal rights as summarised above, please contact our Agent who will process the request on our behalf.

Finance Customers

16.5 If there is a problem with the New Vehicle once you have collected it, please contact the Finance Provider for assistance, as any problems with the New Vehicle will be a contractual matter between you and the Finance Provider.

17. OUR RIGHTS TO END THE CONTRACT

17.1 Our rights to end the contract will depend on whether you are a Cash Customer or a Finance Customer.

Cash Customers

17.2 We may end the contract at any time by writing to you if:

17.2.1 you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;

17.2.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the New Vehicle to you; and

17.2.3 you do not, within a reasonable time, collect the New Vehicle from us.

17.3 If we end the contract in the situations set out above we will refund any money you have paid in advance for the New Vehicle we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of you breaking the contract.

17.4 We will also have a right to end the contract for a New Vehicle at any time by writing to you if we are not permitted by law to sell you the New Vehicle – for example, due to export control or sanction restrictions applying to you. In these circumstances, we will, to the fullest extent permitted by law, refund any payments we have already received from you.

Finance Customers

17.5 We may end the contract you enter into with us in relation to the ordering and making available for supply the New Vehicle at any time by writing to you if:

17.5.1 you decide not to enter into a separate finance agreement with the Finance Provider once the New Vehicle becomes available for supply;

17.5.2 you are unable to enter into a separate finance agreement with the Finance Provider once the New Vehicle becomes available for supply on the basis that you do not pass the necessary identity, credit and/or affordability checks;

17.5.3 you are unable or unwilling to enter into a separate finance agreement with the Finance Provider once the New Vehicle becomes available for supply for any other reason; or

17.5.4 you do not make any payment to us as required under the instruction of the Finance Provider when it is due and still do not make payment within 7 days of us reminding you that payment is due.

17.6 If we end the contract in the situations set out above we will refund any money you have paid in advance (these being any payments made direct to us on the instruction of the Finance Provider). However, in the circumstances covered by 17.5.1, 17.5.3 and 17.5.4, when you are at fault, we may charge you reasonable compensation for the net costs we will incur as a result of you breaking the contract.

17.7 We will also have a right to end the contract at any time by writing to you if we are not permitted by law to process your order – for example, due to export control or sanction restrictions applying to you. In these circumstances, we will, to the fullest extent permitted by law and where applicable, refund any payments we have already received from you.

18. YOUR RIGHTS TO END THE CONTRACT

18.1 Your rights when you end the contract will depend on what type of customer you are, whether there is anything wrong with the New Vehicle, whether we have done anything wrong, and when you decide to end the contract.

(i) Ending the contract for a reason which is not your fault (All Customers)

18.2 If you are ending a contract for a reason set out at sections 18.2.1, 18.2.2, 18.2.3, 18.2.4, or 18.2.5 below the contract will end immediately and we will refund to you any sums you may have already paid us. To end your contract in these circumstances, please contact our Agent. We will make any refunds due to you as soon as possible. Unless otherwise agreed with you, we will refund you using the same method you used for payment. The reasons are:

18.2.1 we have told you about an upcoming change to the New Vehicle or these terms which you do not agree to;

18.2.2 we have told you about an error in the price or description of the New Vehicle you have ordered and you do not wish to proceed;

18.2.3 there is a risk that supply of the New Vehicle may be significantly delayed because of events outside our reasonable control;

18.2.4 we have suspended supply of the New Vehicle for technical reasons, or notify you we are going to suspend them for technical reasons or

18.2.5 you have a legal right to end the contract because of something we have done wrong.

(ii) Exercising your right to change your mind under the Consumer Contract Regulations 2013 (for distance contracts only)

Cash Customers

18.3 If you have agreed with the Agent that you can enter into a “distance” contract with us, (e.g. exclusively by email or by post), our Agents will endeavour to specify this on the Order Form, and you will have a legal right to change your mind and receive a refund of any sums you have already paid. You do not have this legal right to change you mind if your contract is entered into “on-premises” (for example, where you agree your New Vehicle configuration and place your order at one of our Agent’s permanent business premises).

18.4 The cancellation right mentioned in section 18.3 above is made available to you under the Consumer Contracts Regulations 2013. Please note that you will not have a right to change your mind under the Consumer Contracts Regulations 2013 if you have entered into an “on-premises” contract. If you are unsure as to the type of contract you have entered into with us, we would recommend either contacting our Agent and/or taking legal advice and/or contacting your local Citizens’ Advice Bureau.

18.5 Under the Consumer Contracts Regulations 2013, you have from the date you place your order up until 14 days after the day you (or someone you nominate) collects the New Vehicle to change your mind. If the Agent agrees to deliver the New Vehicle to you (please see section 15.2), then you will have up until 14 days after the day the Agent takes physical possession of the New Vehicle for the purposes of delivering it to you at your request, to change your mind.

18.6 To end your distance contract with us in these circumstances, you must inform us of your decision to cancel the contract by a clear statement (e.g. by contacting our Agent, or sending a letter or email). You can use the model cancellation form set out in Annex 1, but it is not obligatory.

18.7 If you are exercising your right to change your mind you must, where applicable, return the New Vehicle to our Agent within 14 days of telling us you wish to end the contract. Please call our Agent to arrange a return. Please do not return your New Vehicle until you have spoken with our Agent.

18.8 Subject to section 18.9 below, your refund of all sums paid by you under our contract will be made as soon as possible, and in any event, within 14 days from the day on which our Agent receives the New Vehicle back from you or, if earlier, the day on which you provide us with evidence that you have provided the New Vehicle back to our Agent (where applicable). When returning the New Vehicle, you will also need to ensure that you provide our Agent with the New Vehicle’s V5 documentation. If we collect the New Vehicle from you, then your refund will be made within 14 days from the day on which we collect the New Vehicle from you. Unless otherwise agreed with you, we will refund you using the same method you used for payment.

18.9 When you exercise your statutory right to cancel, we may reduce your refund to reflect any reduction in the value of the New Vehicle, if this has been caused by your handling which is beyond what is necessary to establish the nature, characteristics and functioning of the New Vehicle. If we refund you the price paid before we are able to inspect the New Vehicle and later discover you have handled it in a way which is beyond what is necessary to establish the nature, characteristics and functioning of the New Vehicle, you must pay us an appropriate amount to reflect the reduction in value. Further, we reserve the right to charge the actual costs for undoing any modifications or customisations to the New Vehicle that you have requested.

Finance Customers

18.10 Finance Customers do not have a statutory cancellation right to cancel a “distance” contract they enter into with us under the Consumer Contract Regulations 2013 (as these type of customers will not be paying us any sums under our contract with them).

18.11 These customers will be given separate cancellation rights under the finance agreement entered into with the Finance Provider – please see those separate terms for further information.

(iii) Ending our contract where we are not at fault and there is no legal right to change your mind (All Customers)

18.12 Even if we are not at fault and you do not have a legal right to change your mind because you entered into the contract with us at a distance, you can still end the contract in the following circumstances (for the avoidance of doubt, this includes circumstances where the indicative part exchange valuation of your current vehicle changes during the order process):

18.12.1 if you are a Cash Customer, before you collect the New Vehicle; or

18.12.2 if you are a Finance Customer, before you enter into a separate finance agreement with the Finance Provider.

18.13 In these circumstances, the contract will end immediately on receipt of your cancellation request and we will refund any sums paid to us (including, where applicable, any sums paid to us on instruction of the Finance Provider). We may, acting reasonably, impose a fee as compensation for the net costs we will incur as a result of your ending the contract. We will make any refunds due to you as soon as possible and unless otherwise agreed with you, we will refund you using the same method you used for payment. To end your contract in these circumstances, please contact our Agent.

18.14 Please note that Finance Customers may have separate cancellation rights under the finance agreement entered into with the Finance Provider – please see those separate terms for further information, including what you may be required to pay if you exercise any such cancellation right.

19. OUR MANUFACTURER WARRANTY

19.1 All New Vehicles we sell come with a manufacturer warranty (this includes, for the avoidance of doubt, all Approved Accessories that are ordered and agreed as part of your Order Form). For details of the applicable terms and conditions, please refer to the manufacturer warranty (as detailed on the relevant brand website). If you have any queries on where to find information on the manufacturer warranty, please ask our Agent who would be pleased to help.

19.2 Our manufacturer warranty is in addition to, and does not affect, any legal rights and remedies you may have in relation to a New Vehicle. Advice about your legal rights and remedies is available from your local Citizens' Advice Bureau.

20. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

20.1 If we (including our Agents when acting on our behalf) 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, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

20.2 We 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 in relation to the New Vehicle (as summarised at section 16.3 above); and for a defective vehicle under the Consumer Protection Act 1987.

20.3 We are not liable for business losses. We only supply the New Vehicle under these terms and conditions for domestic and private use. If you are ordering the New Vehicle for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

20.4 We do not, in any way, bear any responsibility or liability for the supply of any Additional Products and/or Funding & Incentive Options you may enter into direct with the Agent and/or other third party suppliers which we are not a party to.

21. HOW WE WILL USE YOUR PERSONAL INFORMATION

Please see our Privacy Statement for information regarding our use and retention of your personal information and your data protection rights.

22. OTHER IMPORTANT TERMS

22.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.

22.2 You need our consent to transfer your rights to someone else (except that you can always transfer our manufacturer warranty). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, you may transfer our manufacturer warranty to a person who has acquired the New Vehicle. We may require the person to whom the manufacturer warranty is transferred to provide reasonable evidence that they are now the owner of the New Vehicle.

22.3 Nobody else has any rights under this contract (except someone you pass your manufacturer warranty on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in section 22.2 in respect of our manufacturer warranty. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

22.4 If 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.

22.5 Even 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. For example, if you miss a payment and we do not chase you but we continue to provide the New Vehicle, we can still require you to make the payment at a later date.

22.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of this contract and the New Vehicle in the English courts. If you live in Scotland you can bring legal proceedings in respect of this contract and the New Vehicle in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of this contract and the New Vehicle in either the Northern Irish or the English courts.

22.7 Alternative dispute resolution. If you are unhappy with our service, we abide by the Motor Industry New Car Code of Practice, which can be found on The Motor Ombudsman website. The Motor Ombudsman will offer free impartial information and if appropriate an alternative dispute resolution process in the event that you are not satisfied with the outcome of a concern. For further information, you can visit The Motor Ombudsman website or call their Information Line on 0345 241 3008. Calls to 03 numbers cost the same as calls to 01 and 02 prefixed numbers and are included as part of any inclusive minutes or discount package. These rules apply to calls from any type of line including mobile, fixed line or payphone.

ANNEX 1

CANCELLATION FORM (PLEASE SEE SECTION 18.3 TO 18.11 AS TO WHEN THIS FORM CAN BE USED)

To Škoda UK, Yeomans Drive, Blakelands, Milton Keynes, MK15 5AN:

I/we ^* hereby give notice that

I/we ^* cancel my/our ^* contract of sale of the following goods ^*/the supply of the following service ^*, Ordered on ^*/received on ^*,

Škoda UK:

I/we ^* hereby give notice that I/we ^* cancel my/our ^* contract of sale of the following goods */the supply of the following service ^*,

Ordered on ^*/received on ^*,

Adrian TestA,

10 Test Street, Test, TE1 2ST,

07123456789

Signature of consumer(s) (only if this form is notified on paper),

Date

* DELETE AS APPROPRIATE