TERMS & CONDITIONS

IMPORTANT INFORMATION

© Jaguar Land Rover Limited 2021: Registered office: Abbey Road, Whitley, Coventry CV3 4LF. Registered in England No: 1672070

Any delivery (if available) timescales are estimates only. Fuel consumption, energy consumption and range figures provided are the results of official manufacturer's tests in accordance with EU legislation. For comparison purposes only. Real world figures may differ and may vary depending upon a variety of factors including driving style, conditions and optional extras fitted.

Colours reproduced on-screen may vary compared to actual finish. Promotions are available for a limited time at participating retailers only.

I-PACE's 90kWh battery warranty is limited to 8 years or 100,000 miles (160,000km) (whichever comes first). It is redeemable in the case of any manufacturing defect or should a certified Jaguar Retailer measure that the battery has dropped below a 70 percent State of Health.

Please contact the relevant retailer to confirm vehicle availability, current prices and promotions.

PART-EXCHANGE INFORMATION

Please note that the online part-exchange valuation figures presented to you at this stage are calculated and provided by a third party and are not validated.

Valuations are indicative only, for a private single part exchange, and are based on the information provided by you, which must be complete and accurate. This online valuation is not a contractual offer to buy your vehicle.

Online valuations are based on assumptions about the condition of the vehicle taking into account the information you provide, the age of the vehicle and normal usage, and are not adjusted to allow for any remedial work needed or unusually good condition.

Validation on any indicative price shown will be received following an on-site inspection / full appraisal by the relevant retailer.

The actual sale or purchase price is dependent on a number of additional factors, including colour and condition of the vehicle, supply of similar cars within the open market, promotions on offer and location.

On-site Inspection / Full Appraisal: In order to confirm an indicative part-exchange value, the relevant retailer will need to see your vehicle and carry an on-site inspection / appraisal. It will be fully and fairly appraised, including a road test before confirming the part-exchange value to trade in your vehicle. If the retailer considers that its value is affected by any aspect of its history or condition, the price that the retailer offers for it may differ from the online valuation.

FINANCE INFORMATION

Where a finance product (Personal Contract Purchase or Hire Purchase) has been selected the quote is not an offer of credit. It is an indicative quote based on offers available today which may be withdrawn or varied at any time in the future without notice.

Credit is subject to status and approval and is only available to UK residents aged 18 and over. Credit is provided by Jaguar Financial Services, a trading style of Black Horse Ltd, St William House, Tresillian Terrace, Cardiff, CF10 5BH. Black Horse Ltd is authorised and regulated by the Financial Conduct Authority under registered number 661204. Jaguar Land Rover Limited of Abbey Road, Whitley, Coventry CV3 4LF is authorised and regulated by the Financial Conduct Authority as a credit broker.

With Personal Contract Purchase (PCP), once you have paid all of the regular monthly repayments you have the option to:

Return the vehicle and not pay the Optional Final Payment. If the vehicle has exceeded the maximum agreed mileage an excess mileage charge will apply. If the vehicle is in good condition (fair wear and tear accepted) and has not exceeded the maximum agreed mileage you will have nothing further to pay; or

Pay the Optional Final Payment to own the vehicle; or

Part exchange the vehicle subject to settlement of your existing credit agreement; new credit agreements are subject to status.

†The figures provided are NEDCeq calculated from official manufacturer's WLTP tests in accordance with EU legislation. For comparison purposes only. Real world figures may differ. CO2 and fuel economy figures may vary according to wheel fitment and optional extras fitted. NEDCeq are figures calculated using a Government formula from WLTP figures equivalent to what they would have been under the old NEDC test. The correct tax treatment can then be applied.

‡The figures provided are WLTP. WLTP is the new official EU test used to calculate standardised fuel consumption and CO2 figures for passenger cars. It measures fuel, energy consumption, range and emissions. This is designed to provide figures closer to real-world driving behaviour. It tests vehicles with optional equipment and with a more demanding test procedure and driving profile. TEL (Test Energy Low) and TEH (Test Energy High) figures are shown as a range under WLTP testing measures. TEL refers to the lowest/most economical figures (with the lightest set of options). TEH refers to the highest/least economical figures (with the heaviest set of options). WLTP legislation dictates that where there is <5g CO2 variance between TEL and TEH, only the TEH is declared

RESERVATION TERMS AND CONDITIONS

APPROVED ONLINE PLATFORM

TERMS AND CONDITIONS

Please read all of these terms and conditions and make sure you understand them before making a reservation as they apply to all reservations made on the Approved Online Platform (the "Platform"), hosted at  https://www.jaguar.co.uk/index.html.

These Terms and Conditions have been split into Parts A-D to make them as accessible as possible for you. Part A contains the Key Terms, Part B contains the Platform Terms, Part C contains the Purchase/Finance Terms and Part D contains the General Terms.

The Platform is made available to you by Jaguar Land Rover Limited ("JLR") and enables you to make a "reservation" or an "enquiry" for our approved used vehicles. We are a company registered in England and Wales under company number 01672070 and with our registered office at Abbey Road, Whitley, Coventry, CV3 4LF, England. We are authorised and regulated by the Financial Conduct Authority under firm reference FRN679160.

By using the Platform you are agreeing to be bound by these Terms and Conditions. If you do not wish to be bound by these Terms and Conditions or you are unsure as to the meaning of any of any of these Terms and Conditions then please do not agree to these Terms and Conditions, use the Platform or make a reservation or an enquiry.

We may occasionally update these Terms and Conditions, for example to comply with changes in the law and regulatory requirements or to take account of new reservation processes, goods or services that we may offer. You should read the latest version of the Terms and Conditions on the Platform whenever you make a reservation or an enquiry, to ensure you are happy with the Terms and Conditions at the time you make your reservation. These Terms and Conditions were last updated in May 2021.

Please note that your use of the Platform is also subject to the following:

If you have any questions about these Terms and Conditions or cause to complain, or wish to contact us for any reason, then please contact us on: 01926 691736 or  [email protected]. Our opening hours are: 9am- 3:30pm Monday to Friday.

PART A - KEY TERMS

Whilst we (JLR) make the Platform available to you, any reservation or enquiry is between you and your chosen retailer. No contract for reservation, sale or finance of an approved used vehicle is made between you and us.

While making a reservation indicates your interest in purchasing/financing an approved used vehicle from the retailer, it is not binding on either you or the retailer and making a reservation does not mean you have purchased or financed a vehicle. Your particular retailer may still require you attend their premises.

The reservation does not form a contract for the sale/financing of an approved used vehicle and the retailer has not agreed to supply the approved used vehicle to you. Any reservation fee paid by you on the Platform is fully refundable and any approved used vehicle purchase will be subject to a separate contract entered into between you and your chosen retailer.

Submitting the reservation and paying the reservation fee does not mean you have ordered, purchased or financed a vehicle.

Reservations may only be made by private consumers who are at least 18 years of age and resident in the UK. Please do not attempt to make a reservation if you are a business or acting on behalf of a business, such as a fleet buyer.

The Platform configuration and pricing cannot be used in conjunction with any other offers or discount codes, unless specifically declared otherwise.

PART B - PLATFORM TERMS

  1. 1. THE PLATFORM AND RESERVATIONS

    1. (a)Whist you may use the Platform as a guest, in order to make an enquiry or reservation, you will need to have registered and created a Single Sign-On account on the Jaguar or Land Rover website ("SSO Account"). The SSO Account is a generic digital account which allows you to use the same login data for all participating JLR websites, channels and applications. The Platform will draw certain information from your SSO Account to enable you to make a reservation. By creating a SSO Account, you are also able to access My Jaguar which can be found at https://my.jaguar.co.uk.
    2. (b)The Platform enables you to:
      1. Select your chosen vehicle from the existing stock of Jaguar = approved used vehicles from one of our retailers ("Approved Used Vehicle");
      2. select a finance option from Jaguar Financial Services and obtain an indicative finance quote for your chosen Approved Used Vehicle based upon the information you provide;
      3. obtain an indicative part exchange valuation for any vehicle you may wish to part exchange;
      4. at this stage you may either:
        1. (i)send the details of your chosen Approved Used Vehicle along with any indicative finance quote and/or part-exchange valuation to the particular retailer (i.e. send an "enquiry"); or
        2. (ii)continue the process online.
      5. if you continue the process online you can:
        1. (i)select a delivery method for your chosen Approved Used Vehicle (remembering that the particular retailer may still require you attend their premises);
        2. (ii)obtain an indicative reservation price (which will include any JLR national promotions) and review any updated indicative finance quote. Once your reservation has been forwarded to the particular retailer, they will formulate the actual transaction price and any final finance offer with you direct;
        3. (iii)reserve your chosen Approved Used Vehicle with the particular retailer by paying the fully refundable reservation fee ("Reservation Fee") (remembering that the particular retailer may still require you attend their premises); and
        4. (iv)(if applicable and if you choose to do so) apply for your finance option online. Finance is subject to the finance provider’s terms and conditions.
    3. (c)The approved used vehicles available to enquire about or reserve on the Platform are from the Jaguar manufacturing range only.
    4. (d)You will be provided with a full summary of your chosen Approved Used Vehicle and any indicative finance option and/or part-exchange valuation which will allow you to check and amend any errors before making the enquiry or reservation. Please take time to read and check the details at each stage of the process. If the details are not correct, you can step back through the process and correct any mistakes before confirming the reservation (by paying the Reservation Fee) or enquiry.
    5. (e)After you place a reservation, we will send a copy of your reservation details to the email address you provided or linked to your SSO Account and also to the particular retailer. The particular retailer will then make contact with you to discuss the arrangements (including any contractual documentation required and if you are required to attend their premises) for you to purchase the Approved Used Vehicle. The particular retailer will make contact with you by telephone or email using the contact details you provided us on the Platform or linked to your SSO Account.
    6. (f)Please note that making a reservation does not mean that you have placed an order to purchase or finance the Approved Used Vehicle or that the particular retailer has agreed to supply the Approved Used Vehicle to you. The reservation is not binding on either you or the particular retailer. The reservation is intended solely to indicate your interest in purchasing/financing the Approved Used Vehicle from the particular retailer. The process by which you purchase the Approved Used Vehicle is described in Part C.
    7. (g)At any time in the process if you do not wish to make a reservation using the Platform, please visit the particular retailer to discuss your requirements and they will be happy to assist you.
  2. 2. RETAILER'S PROPOSED PRICE

    1. (a)You will be provided with indicative information about the price of your Approved Used Vehicle throughout your use of the Platform. This price is the particular retailer’s suggested retail price.
    2. (b)Once you have selected your Approved Used Vehicle, the Platform will display the retail price (and monthly price where a finance package is chosen) for that specific Approved Used Vehicle only (this price shall exclude road fund licence, any delivery charges and optional extras which can be discussed with the particular retailer). (Please note, where applicable, we can only anticipate vehicle excise duty at this stage).
    3. (c)If you then choose to make a reservation by creating or logging-into your SSO Account and selecting the particular retailer, any applicable retailer-specific online discounts, offers or uplifts (if any) will be applied and the particular retailer’s proposed price for your Approved Used Vehicle will be displayed ("Retailer’s Proposed Price"). Any retailer-specific online discounts or offers are at the retailer's sole discretion.
  3. 3. RESERVATION FEE

    1. (a)To complete your reservation you will need to pay the Reservation Fee which will be paid directly to the particular retailer via the Platform. Payment of the Reservation Fee does not commit you to purchase/finance the Approved Used Vehicle nor does it commit the particular retailer to supply the Approved Used Vehicle.
    2. (b)You have the right to cancel the reservation at any time for any reason. The particular retailer may also cancel the reservation in certain circumstances (such as where there has been a pricing error within the Platform or for other business or legal reasons). In such circumstances the Reservation Fee will be refunded to you in full. Your refund will be processed within five (5) business days of such cancellation, and will be returned to you following clearance of the funds by your bank. The particular retailer is not entitled to make any deductions.
    3. (c)The Reservation Fee is payable at the time of placing the reservation using the payment facilities on the Platform and is payable via the methods set out on the Platform . We use reputable online payment processors to take payments and by using the Platform, you agree to such payment processors handling the payment transaction, your card details and any other information strictly necessary for such payment transaction to be executed (including but not limited to fraud prevention).
    4. (d)It is your responsibility to ensure that the payment details you use are correct and complete. The reservation will be sent to the selling retailer upon successful completion of payment and issuing of an authorisation code.
    5. (e)If your purchase/financing of the Approved Used Vehicle proceeds, the particular retailer may, at its option, apply the Reservation Fee towards your deposit for the Approved Used Vehicle or refund the Reservation Fee and take a full deposit direct from you in accordance with the particular retailer's standard business policies and procedures.
  4. 4. FINANCE OPTIONS (IF APPLICABLE)

    1. (a)You will be provided with information about the finance options offered on the Platform, which are currently either Personal Contract Purchase (PCP) or Hire Purchase (HP).
    2. (b)Finance contracts will be provided by Black Horse Limited trading as Jaguar Financial Services a company registered in England and Wales under company number 00661204 and with registered office at 25 Gresham Street, London, EC2V 7HN. Black Horse Limited is authorised and regulated by the Financial Conduct Authority under firm reference number 313409.
    3. (c)If you choose one of these finance options the Platform will provide you with indicative information about the price of your Approved Used Vehicle throughout your use of the Platform. The Retailer’s Proposed Price and any information you provide yourself on the Platform regarding the finance option you have selected.
    4. (d)If you make a reservation on the Platform you will be given the option to apply for your chosen finance option. If you do choose to apply, the Platform will direct you to a separate form for Black Horse Limited which includes an application form for your chosen finance option. Neither we nor the retailer are responsible for this form or this stage of your finance application.
    5. (e)The application will contain the necessary information for the relevant finance provider to carry out a credit check on you and assess whether you meet the eligibility for finance.
    6. (f)Once the application is sent to the relevant finance provider a credit search will be undertaken against you which will show on your credit record. For the avoidance of doubt, by submitting your application you consent to your information being shared with the relevant finance provider.
    7. (g)Any finance contract will be subject to Black Horse Limited trading as Jaguar Financial Services terms and conditions.
    8. (h)You will be notified as soon as possible whether your application was successful either by the Platform itself or by the particular retailer. The particular retailer will contact you to discuss your finance application and (if applicable) whether the reservation has been accepted.
    9. (i)Please be aware that if you have selected Personal Contract Purchase (PCP) or Hire Purchase (HP) you will not own the Approved Used Vehicle until all repayments (as set out in your finance contract) have been made.
    10. (j)Providing your application and reservation are accepted, you will be required to enter into a contract with the relevant finance provider. Please ensure you read the contract carefully as you will be responsible for complying with the terms contained therein, in particular you will be responsible for all monthly repayments. The amount of monthly repayments to be paid will be determined under the finance contract.
  5. 5. PART EXCHANGE (IF APPLICABLE)

    1. (a)You may use the Platform to calculate an indication of the part exchange value of your existing vehicle as a partial payment (net of any financial settlements due at invoice). Please be aware, however, that the particular retailer is not obliged to accept the part exchange vehicle.
    2. (b)In some circumstances, the Platform may not be able to offer an indication of the part exchange value of your existing vehicle. If this is the case, you will be informed via the Platform and asked to visit the particular retailer who may offer an indication of the part exchange valuation and your part exchange equity in your existing vehicle offline.
    3. (c)If the Platform does offer an indication of the part exchange value of your existing vehicle, any value is indicative only and is subject to final confirmation and validation by the particular retailer. You must provide an accurate description of the condition of the part exchange vehicle and detail the mileage when requested.
    4. (d)The indicative part exchange value of your existing vehicle is not binding unless and until the particular retailer has inspected and examined the part exchange vehicle and confirmed its value and it forms part of a sale or finance contract.
    5. (e)Where you have reserved an Approved Used Vehicle, the part exchange value (and any associated part exchange equity you have in such vehicle) is likely to change between the reservation and delivery (if available) or collection of the Approved Used Vehicle. Accordingly, any valuation attributed to the part exchange vehicle is indicative only and is subject to reappraisal by the particular retailer.
    6. (f)Where the actual part exchange value offered by the particular retailer is less than the price indication provided by the Platform at the time of the reservation, if you wish to purchase/finance the Approved Used Vehicle, you will need to pay the difference. The particular retailer is not obliged to handover the Approved Used Vehicle if there is a deficit in the purchase price caused by a reduction in the value of the part exchange vehicle.
    7. (g)You will not be entitled to receive your Approved Used Vehicle until the part exchange vehicle has been handed over. The particular retailer will contact you to arrange inspection, examination and handover of the part exchange vehicle.
    8. (h)Your ownership of the part exchange vehicle will cease and pass to the particular retailer in full on its delivery. Accordingly, you must provide all spare key sets, all appropriate documentation and any other items belonging to the part exchange vehicle to the particular retailer on delivery. You must provide the particular retailer with your V5 registration certificate.
    9. (i)It is your responsibility to ensure that any existing finance on the part exchange vehicle is settled on or before completion of the purchase of your Approved Used Vehicle. You may be able to agree and authorise the particular retailer to facilitate the settlement of any existing finance on your behalf at the time of completion.
  6. 6. CONTRACTUAL EFFECT OF A RESERVATION

    1. (a)You specifically acknowledge that the reservation shows your interest in purchasing/financing the Approved Used Vehicle from the particular retailer and is not an offer to purchase/finance the Approved Used Vehicle.
    2. (b)The reservation is not binding on either you or the particular retailer. By agreeing to these Terms and Conditions, submitting the reservation and paying the Reservation Fee, you have not ordered, purchased or financed a vehicle.
    3. (c)Where you make a reservation and pay the Reservation Fee for an Approved Used Vehicle, the particular retailer will use all reasonable endeavours to reserve such Approved Used Vehicle and make contact with you via the details you provided us to discuss your reservation, within forty eight (48) hours from the time the reservation is made. Where the retailer is unable to make contact with you within forty eight (48) hours, you may lose such Approved Used Vehicle.
    4. (d)Where you make a reservation for an Approved Used Vehicle, the particular retailer is under no obligation to you whatsoever in respect of such vehicle and will use all reasonable endeavours to reserve such Approved Used Vehicle, unless and until you agree to purchase/finance such vehicle as described in Part C.
    5. (e) If you do not agree to purchase/finance the Approved Used Vehicle with the particular retailer within fourteen (14) days from the time the reservation is made you may lose such Approved Used Vehicle. In these circumstances the particular retailer will use all reasonable endeavours to source a similar alternative vehicle for you, should you so wish, in accordance with your reservation.
  7. 7. CHANGING YOUR RESERVATION

    1. (a)You are free to change your Approved Used Vehicle at any time before you enter into a binding purchase or finance contract with the particular retailer.
    2. (b)As the Platform does not allow you to change your reservation online once it has been made please discuss any changes with your chosen retailer as soon as possible.
    3. (c)The particular retailer will advise you of availability and any impact the changes will have in respect of timing, price, finance or anything else and will ask you to confirm whether you wish to go ahead with the changes.
    4. (d)Please be aware that your requested change may impact upon the Retailer’s Proposed Price of the Approved Used Vehicle and may result in the loss of a specific Approved Used Vehicle.
  8. 8. CANCELLING YOUR RESERVATION

    1. (a)If you change your mind about the reservation placed on the Platform, you can cancel at any time before you sign a purchase or finance contract with the particular retailer. This means that during this period if you change your mind or decide for any reason that you do not want to reserve the Approved Used Vehicle, you can notify the particular retailer of your decision to cancel the reservation and receive a full refund of the Reservation Fee on the payment method used by you to pay.
    2. (b)To cancel the reservation, you just need to let the particular retailer know that you have decided to cancel.
    3. (c)General advice about your legal right to cancel is available from your local Citizens' Advice Bureau or Trading Standards office.

PART C - PURCHASE/FINANCING OF THE VEHICLE

  1. 1. PURCHASE/FINANCING OF THE VEHICLE

    1. (a)After the reservation has been sent to the particular retailer, the particular retailer will contact you to arrange the purchase/financing of the Approved Used Vehicle including confirming if you are required to attend their premises and what is required to finalise any associated contractual documentation.
    2. (b)The particular retailer may (but is not obliged to) provide you with additional offers and/or savings throughout the subsequent negotiations and discussions before a final purchase/financing price is agreed and a purchase or finance contract is entered into.
    3. (c)Completion of the purchase/financing of a Approved Used Vehicle is conditional upon the particular retailer’s agreement to supply and your agreement to purchase/finance your chosen Approved Used Vehicle, together with: (i) completion of the purchase contract between you and the particular retailer; and (ii) the completion of any finance contract (if applicable). Once the contract(s) have been signed and dated by both you and the particular retailer the purchase/financing of the Approved Used Vehicle shall become binding on both parties and you are committed to purchasing/financing the Approved Used Vehicle.
    4. (d)If you are committing to an Approved Used Vehicle by either hire purchase or personal contract purchase, where the amount financed is above £60,260 (sixty thousand, two hundred and sixty pounds) you will need to attend the particular retailer's premises to sign the contractual documentation in person.
    5. (e)Where you have applied for your chosen finance option through the Platform but did not receive an immediate response, the particular retailer will contact you to discuss your finance application.
    6. (f)If your finance application has not been concluded or your reservation has not been approved for any other reason or you do not conclude the contract within fourteen (14) days of submission of your reservation, your reservation will be cancelled by your chosen retailer and the Reservation Fee will be refunded to you in full.
    7. (g)Please note that, as the reservation is not binding on either you or the particular retailer, the terms of any purchase and/or finance contract may differ from the terms of the reservation in certain circumstances including where:
      1. there has been an error in the Retailer’s Proposed Price, whether resulting from the operation of the Platform or otherwise;
      2. you further negotiate the purchase of the Approved Used Vehicle directly with the particular retailer offline, including negotiating a higher valuation of any part exchange vehicle;
      3. you select additional products and/or services not currently offered on or facilitated by the Platform;
      4. the part exchange valuation (and, in turn, your equity in such part exchange vehicle) may be recalculated where for example, there is an extended time before collection or delivery (if available), the part exchange vehicle has additional mileage or where, upon inspection and examination of any part exchange vehicle, the vehicle is not in the condition stated by you on the Platform or for any other reasonable reason determined by the participating retailer;
      5. the part exchange vehicle is subject to an existing finance agreement and no settlement figure has been provided, or the settlement figure changes or is incorrect;
      6. delivery is available and the particular retailer needs to add a delivery charge;
      7. any national offers change or cease to apply for your Approved Used Vehicle; and/or
      8. in relation to any finance offer, the relevant finance provider withdraws or otherwise changes the finance product offered to you.

        The particular retailer will discuss any changes with you and you are free to either continue with your purchase or cancel the reservation and receive a full refund of the Reservation Fee.

    8. (h)The payment of the purchase price pursuant to the contract is to be arranged between you and the particular retailer. We shall have no involvement in the process of paying the purchase price. It is your responsibility to ensure that the payment details you provide are correct and complete. The particular retailer does not have to handover your Approved Used Vehicle if the details you submit when making your reservation are incorrect or incomplete, and the particular retailer is unable to take payment as a result.
    9. (i)No payment will be treated as made until the particular retailer has received it in full, in cleared funds. The particular retailer will not arrange handover of your Approved Used Vehicle until they receive payment in full.
  2. 2. HANDOVER OPTIONS

    1. (a)When completing your reservation you will be asked to indicate your handover preference either (i) home delivery for UK delivery addresses only (if available) or (ii) collection from the particular retailer.
    2. (b)Please note that whilst you may select your handover preference online, the particular retailer may still require you attend their premises to finalise your purchase.
    3. (c) The particular retailer will agree with you full handover details, including the estimated date of delivery (if available) or collection and any associated costs will be confirmed with you at the time you enter into the purchase or finance contract.
    4. (d)Where the delivery option is offered by the particular retailer, please be aware that any delivery date provided is indicative only and provided as an estimate. The particular retailer will have no liability for any failure to deliver or make available for collection the Approved Used Vehicle by the estimated delivery date (although the particular retailer will use reasonable endeavours to do so).
  3. 3. YOUR RIGHT TO CANCEL A PURCHASE CONTRACT

    1. (a)The particular retailer’s terms and conditions apply to the purchase contract and Black Horse Limited trading as Jaguar Financial Services’ terms and conditions will apply to the finance contract. Local consumer rights and regulations, in particular relating to distance selling, may give you certain cancellation rights.

PART D - GENERAL TERMS

  1. 1.OUR LIABILITY TO YOU

    1. (a)For further information about your legal rights and how they might be affected by these Terms and Conditions, including this section on our liability to you, we advise you to contact:
      1. the Motor Ombudsman (71 Great Peter Street, London,SW1P 2BN);
      2. your local Citizens Advice Bureau; or
      3. visit the Trading Standard website at www.tradingstandards.gov.uk
    2. (b)Subject to the caveat at the end of this section, we are only liable to you for losses which you suffer as a foreseeable result of us breaching these Terms and Conditions, or our negligence. A loss is foreseeable if it was an obvious consequence of us breaching these Terms and Conditions. We are not liable to you for any losses which were not foreseeable.
    3. (c)We are not liable to you for losses which you suffer due to any event beyond our reasonable control. If such an event takes place that affects the performance of our obligations under a contract with you:
      1. we will let you know as soon as we reasonably can; and
      2. our obligations will be suspended, and the time in which we have to perform those obligations will be extended for the duration of the relevant event. If the event affects the particular retailer’s ability to deliver goods (if applicable) to you or for you to collect goods, the particular retailer will arrange a new delivery (if available) or collection date with you once the event is over.
    4. (d)We only provide the Platform and reservation facilities for Approved Used Vehicles for domestic and private use. We will not be liable to you for any business losses that you may incur, including but not limited to lost profits, loss of business, loss of business opportunity or business interruption.
    5. (e)However, nothing in these Terms and Conditions shall limit or exclude our liability to you:
      1. for death or personal injury caused by our negligence;
      2. for fraud or fraudulent misrepresentation;
      3. for breach of any obligations implied by the Consumer Rights Act or section 2 of the Supply of Goods and Services Act 1982;
      4. under Part I of the Consumer Protection Act 1987; or
      5. for any other liability that may not be limited or excluded under applicable law.
  2. 2.USE OF YOUR PERSONAL INFORMATION

    1. (a)We and the retailer are responsible for the personal data processed in connection with the reservation. All processing will take place in accordance with applicable legislation concerning processing of personal data as well as our Data Protection and Privacy Policy, available at https://www.jaguar.co.uk/privacy-policy/index.html.
  3. 3. RETAILER USE

    1. (a) If you are a Jaguar retailer or an individual employed or engaged by a Jaguar retailer you must not use this website to determine or attempt to determine the prices or any other commercial terms on which other Jaguar retailers may sell approved used vehicles. Any breach of this condition shall be considered a serious breach of your Retailer Agreement and the Platform Agreement and may result in the immediate termination of your right to participate in the Platform and the Platform Agreement. There may also be serious consequences for you/the retailer engaging you (including fines and criminal prosecution) if your actions are found to be in breach of UK competition laws.
  4. 4. PLATFORM USEAGE RESTRICTION

    1. (a)Your use of the Platform is subject to a usage restriction which prevents you from generating a Retailer’s Proposed Price for your chosen Approved Used Vehicle more than a specified number of times within a certain timeframe.
  5. 5. OTHER INFORMATION

    1. (a)All communications between us and all contracts formed between us will be made and conducted in the English language.
    2. (b)Any notices we send to you will be sent to the most recent e-mail address or postal address provided to us by you.
    3. (c)Neither we, you nor the retailer intend that these Terms and Conditions will be enforceable by anyone except us, you or the particular retailer.
    4. (d)No failure or delay by a party in enforcing these Terms and Conditions will prevent that party from taking further action or enforcing these Terms and Conditions.
    5. (e)Each element of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them (or any part of them) are unlawful or unenforceable, the remaining terms (or part of them) will remain in full force and effect.
    6. (f)Nothing in these Terms and Conditions gives you any rights in respect of our or the retailer’s intellectual property (or that of third parties who grant us rights to use their intellectual property).
    7. (g)The laws of England and Wales apply to these Conditions.
    8. (h)If any disputes arise in relation to these Terms and Conditions and you want to take court proceedings, those proceedings must be brought in the courts of England and Wales.