Terms & Conditions

Access to www.cargiant.co.uk is subject to the following terms and conditions. Please take the time to read through these before continuing to use www.cargiant.co.uk.

On accessing the www.cargiant.co.uk on this and on each subsequent occasion you will be deemed to have accepted all of the terms and conditions that apply to its use and to the facilities and services provided by it. We reserve the right to alter these terms and conditions at any time and it is your obligation to check if changes have been made. Your use of www.cargiant.co.uk after changes are posted online shall constitute acceptance of the new terms and conditions.

In these terms and conditions:

"we/us/our" means Car Giant Limited trading as Cargiant

"you"/"your" means the user of the online services.

Access to www.cargiant.co.uk

Access to www.cargiant.co.uk is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on www.cargiant.co.uk without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of or the entire website (www.cargiant.co.uk), to users who have registered with us.

Content

In consideration of our agreeing to permit you to use www.cargiant.co.uk to search our database of vehicles, you agree that you will only use, reproduce and print materials comprising the results of such searches for your own personal, non-commercial purposes.

The pages contained in www.cargiant.co.uk may contain technical inaccuracies and typographical errors. The information in these pages may be updated from time to time and may at times be out of date. We accept no responsibility for keeping the information in these pages up to date or liability for any failure to do so.

The information contained in the material in www.cargiant.co.uk is only for information purposes. The material on www.cargiant.co.uk does not constitute advice and you should not rely on any material on www.cargiant.co.uk to make (or refrain from making) any decision or take (or refrain from taking) any action.

Copyright and trade marks

All rights, including copyright, in the content of these web pages and in the photographs of any vehicles displayed on www.cargiant.co.uk from time to time and all database rights in our database of vehicles, are owned or controlled for these purposes by us.

All trade marks, names, and logos are the proprietary marks of us. Marks identifying third parties are owned or licensed by those third parties or their associated companies. Nothing in these terms and conditions in any way confers on you any licence or right under any trade marks, names or logos.

We are not liable for any failure to perform any of our obligations under these terms and conditions caused by matters beyond our reasonable control.

Except as expressly permitted by these terms and conditions, you may not copy, reproduce, redistribute, download, republish, transmit, display, adapt, alter, create derivative works from or otherwise extract or re-utilise any of the contents of www.cargiant.co.uk. In particular, you must not cache any of the contents for access by third parties nor mirror or frame any of the content of www.cargiant.co.uk nor incorporate it into another website without our express written permission.

Liability

The material displayed on www.cargiant.co.uk is provided without any guarantees, conditions or warranties as to its accuracy. Whilst every effort has been made to ensure the accuracy of information on this site, some errors may occur. It is important that you do not rely solely on this information but check with Cargiant about any terms you feel will affect your decision to purchase a car. No liability is acceptable for loss or damage resulting from errors or omission on www.cargiant.co.uk

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

We will need to carry out routine maintenance and servicing of our servers and equipment from time to time. While we will seek to keep disruption to a minimum we cannot guarantee that www.cargiant.co.uk will be continuously available online. We therefore provide www.cargiant.co.uk on an "as is" and "as available" basis.

We make no warranty that www.cargiant.co.uk (or websites which are linked to www.cargiant.co.uk) is free from computer viruses or any other malicious or impairing computer programs. It is your responsibility to ensure that you use appropriate virus checking software.

We are not liable for any failure to perform any of our obligations under these terms and conditions caused by matters beyond our reasonable control.

Links to non-www.cargiant.co.uk sites

Where www.cargiant.co.uk contains hypertext links to websites that are not operated by us. We do not control such websites and are not responsible for their content. Our inclusion of hypertext links to such websites does not imply any endorsement of the material contained on the websites or of the owners.

Links to www.cargiant.co.uk

You may establish a hypertext link to the home page of www.cargiant.co.uk, but not otherwise, without the need for our written consent, provided there is thereby no implied endorsement or sponsorship of you, your company or your website by us.

General

We reserve the right to assign or subcontract any or all of our rights and obligations under these terms and conditions to a third party. If we exercise this right, we shall name the assignee or subcontractor on www.cargiant.co.uk and you will be entitled to terminate the account within 5 working days. You may not without our prior written consent assign or dispose of any rights or obligations arising under these terms and conditions.

These terms and conditions of access together with our privacy policy contain the entire agreement and understanding between the parties relating to www.cargiant.co.uk, and supersede any and all prior agreements, arrangements, statements and understandings, except for any fraud or fraudulent representation by either party. We exclude all representations and warranties relating to access to use of www.cargiant.co.uk, whether they are statutory or otherwise, as far as is possible by law.

If any of these terms and conditions shall be held to be invalid or unenforceable, it shall not affect the enforceability of any of the remaining provisions.

These terms and conditions shall be governed by and in accordance with English law and subject to the exclusive jurisdiction of the English Courts.

If you do not agree to obey these terms and conditions you must stop using www.cargiant.co.uk immediately.

Correspondence

All correspondence relating to www.cargiant.co.uk should be sent to:

Registered office: Car Giant Limited, 44 Hythe Road, London NW10 6RS

Registered in England with company number 01407612.

VAT number: 442138571

About our regulated services

1.The Financial Conduct Authority (FCA)

Who regulates us?

Credit Broking

Car Giant Limited, Car Giant Limited trading as Cargiant, 44-45 Hythe Road, London, NW10 6RS, is authorised and regulated by the Financial Conduct Authority, and our permitted business is credit broking. Our FCA Register number is 307782.

Insurance Distribution

Car Giant Limited is not directly authorised by the FCA for insurance distribution activities. Car Giant Limited is an Appointed Representative of Ten Insurance Services Limited, which is authorised and regulated by the Financial Conduct Authority (Firm Reference Number 314593). Ten Insurance Services Limited’s registered office is Hanover House, Charlotte Street, Manchester, United Kingdom, M1 4FD and its registered number is 05225049. As an Appointed Representative we are permitted, under Ten Insurance Services Limited’s permissions, to carry out insurance distribution activities in relation to non-investment motor-related insurance products only.

You can check this on the FCA’s Register by visiting the FCA’s website www.fca.org.uk/register or by contacting the FCA on 0800 111 6768 or 0300 500 8082.

Cooling-Off Period and Cancellation Process for Insurance Policies

If you cancel the policy within 14 days of purchase, we will give you a full refund of the policy purchase cost (Cooling-Off Period). If you cancel after the 14-day period, we will make a pro rata refund for the unexpired period of insurance, less a £50 administration fee. No refund of your policy cost can be made if your policy was provided free of charge or if a repair has been accepted under the policy.

Financial Services Compensation Scheme

The insurer of the Mechanical Breakdown Insurance policy, Helvetia Global Solutions Ltd, is covered by the Financial Services Compensation Scheme (FSCS). You may be entitled to compensation from the scheme, if the insurer cannot meet their obligations in relation to the policy. This depends on the type of business and the circumstances of the claim. Most insurance contracts are covered for 90% of the claim with no upper limit.

You can get more information about compensation scheme arrangements from the Financial Services Compensation Scheme by:

• Visiting www.fscs.org.uk.
• Contacting the FSCS on their freephone number 0800 678 1100 or +44 020 7741 4100 (international callers)
• Writing to:
  Financial Services Compensation Scheme
  PO Box 300
  Mitcheldean GL17 1DY
• Emailing the FSCS by completing the form on https://www.fscs.org.uk/contact-us/

2. Vulnerable Customer Policy

At Cargiant, we care about providing the right support to all our customers, which is why we have a Vulnerable Customer Policy. Vulnerabilities can come in various forms, with some of the driving factors as follows:

• Health related vulnerabilities (e.g. mental health condition[s], neurological disability, hearing or visual impairment)
• Life-events (e.g. divorce, bereavement, loss of job); and
• Capability to understand and manage your affairs (e.g. limited understanding of the English language and/or finance)

If there are situations which mean it is difficult for you to make decisions or communicate with us, please let us know and we will endeavour to provide you with appropriate assistance.

You can check this on the FCA’s Register by visiting the FCA’s website www.fca.org.uk/register or by contacting the FCA on 0800 111 6768 or 0300 500 8082.

3. Cargiant Data Protection & Privacy Notice

Cargiant adheres to the Data Protection Act 2018. Information you provide will be used in connection with car purchase, administration, policy renewals and by Cargiant’s finance providers if you use our finance facility.

For more information on how we process your data please see our Privacy Notice.

To request a copy of this personal data please write to: Data Controller, Cargiant, 44-45 Hythe Road, London, NW10 6RS.

Alternative Dispute Resolution

If an acceptable resolution of a car related concern is not reached, we offer the option to refer the matter to an Alternative Dispute Resolution (ADR) company. We use The National Conciliation Service who are certified and independent as a provider of ADR. Their contact details are given below:

Cargiant Deduction Policy

Consumer rights return

In the event that you have a valid reason to return the vehicle under your consumer rights, we reserve the right to deduct a reasonable sum of money for the usage of the vehicle and any failure to keep it in good repair and condition.

Our policy is to charge 25 pence per mile for each mile covered since the date of sale, along with the cost of any estimate for re-pairs required due to any damage to the vehicle (e.g. interior and exterior) that was caused whilst in your possession/ownership.

Finance and Insurance Complaints

We will acknowledge all Finance and Insurance complaints within 5 business days. You will be given details of who is investigating your complaint and how to contact them. We will do our best to resolve the concern with as little inconvenience to you as possible and to keep you informed during the process. At any stage you may contact the person handling your complaint and discuss the next steps. Within 8 weeks we will give our Final Response or a further progress report on the investigation.

All complaints are treated in the same manner no matter who or how they are brought to our attention. Claims Management Companies will be asked to supply an original letter of authority if they claim to represent a Cargiant customer.

Motor Finance Commission Complaints

For complaints specifically about motor finance commission (including Discretionary Commission Arrangements (DCAs) and other types of commission), please refer to our Motor Finance Commission Complaints Procedure. You can also find independent information about car finance complaints, including commission, on the FCA’s website: https://www.fca.org.uk/consumers/car-finance-complaints

All complaints are treated in the same manner no matter who or how they are brought to our attention. Claims Management Companies will be asked to supply an original letter of authority if they claim to represent a Cargiant customer.

Appeals

If you do not accept the outcome after receiving our Final Response, or if your Finance or Insurance complaint has not been resolved within 8 weeks then you may appeal to the Financial Ombudsman Service. This was set up by the Financial Services Authority to review unresolved Finance and Insurance complaints. Please see details below: