Charges: means the charges payable by you under the Contract as specified in the Contract Details.
Commencement Date: means the date specified in the Contract Details.
Conditions: these terms and conditions.
Contract Details: the contract details to which these Conditions are annexed.
Credit Terms: means the credit terms (if any) set out in the Contract Details and/or Schedule 2.
Delivery: means delivery of the Home to the Delivery Site or the handover of the Home to you (or anyone nominated by you).
Delivery Site: means the delivery site (if any) set out in the Contract Details.
Home: means the home specified in the Contract Details (if any).
Manufacturer’s Warranty: means a warranty in relation to a New Home given by the manufacturer.
New Home: means a new home.
Optional Extras: means any optional extras set out in the Contract Details.
Park: means the park upon which a Home is sited or will be sited.
Park Owners: means the owners of the relevant Park.
Park Rules: means the rules relating to the relevant Park.
Payment Terms: means the payment terms set out in the Contract Details.
Pre-owned Home: means a home that has been owned previously.
Pre-sited Purchase: means the purchase of a home that has already been sited onto a pitch in a Park.
Off-site Purchase: means the purchase of a home delivered to either a park or land not connected with the Company.
Relocation: means the relocation of a home owned by you.
Services: the services set out in the Contract Details (if any).
Specification: means the specification, dimensions, drawings and other details relating to the Home or the specification set out in the Contract Details.
- Our Contract with you
2.1 This Contract shall commence on the Commencement Date.
2.2 These are the terms and conditions on which we provide the Home and/or any Services (as applicable) to you.
2.3 Please read these Conditions carefully. These Conditions tell you who we are, how we will provide the Home and/or the Services (as applicable) to you, how you and we may change or end the Contract, what to do if there is a problem and other important information.
- Information about us and how to contact us
- We are Mobile Homes Abroad Limited a company registered in England and Wales, trading as Caravans in the Sun. Our company registration number is 05493730 and our registered office is at Chartwell House, 4 St Paul’s Square, Burton-on-Trent, Staffordshire, DE14 2EF. Our registered VAT number is 92716860.
- You can contact us by telephoning our customer service team on 0800 6444546 or by writing to us by email: firstname.lastname@example.org or at our trading address: Area One, Brookside Business Park, Cold Meece, Eccleshall, Staffordshire, ST15 0RZ.
- If we have to contact you we will do so by telephone or by writing to you at the email address or postal address set out in the Contract Details.
- When we use the words "writing" or "written" in these terms, this includes emails.
- The Home
- If the Home or any Optional Extras have the benefit of a Manufacturer’s Warranty, we shall pass on the benefit of the Manufacturer’s Warranty to you at the same time as title to the Home passes to you in accordance with these terms. In these circumstances we shall have no liability where any defect or grievance raised by you is within the scope of the Manufacturer’s Warranty. We will provide you with a copy of/information relating to any applicable Manufacturer’s Warranty during the sales process. The relevant warranty period will commence on the date the Home leaves the factory.
- You hereby irrevocably authorise us to deal with any claims made against the manufacturer under the Manufacturer’s Warranty as your agent. We must be notified by you in writing using our online form (https://www.caravansinthesun.com/aftersales-reporting/) in respect of any damage or missing items within 24 hours of key handover. Any such notification following this period will not be acted upon.
- A Manufacturer’s Warranty may be voided in the event of an Off-site Purchase where the installation is not completed by a qualified installer with certification to validate this.
- Where the Home does not have the benefit of a Manufacturer’s Warranty, this is reflected in the Charges payable in respect of such Home.
- We offer no warranty in respect of any Pre-owned Homes or any fixtures or fittings contained in it. This is reflected in the Charges payable in respect of such Home. We do not inspect the condition of appliances and shall not be responsible for their condition. We advise you to have any appliances tested prior to purchase.
- We offer no warranty, guarantee or cover in respect of any of the Optional Extras, including but not limited to in respect of missing or damaged items during transit or subsequent breakdown of such items following purchase. We recommend that all customers purchase such Optional Extras in order to obtain their own warranties.
- Our Specifications for the Home are approximate and the information contained in them is intended as a guide only. Any errors or omissions in the Specifications shall be subject to correction without any liability on our part. We reserve the right to make changes to Specifications which do not materially affect the quality of the Home.
- The Park
- Your agreement in relation to the Park, including but not limited to in respect of siting and connection if this is to be carried out by the Park, shall be with the Park (Park Contract).
- Where the Park is responsible for installation of the Home, we shall not be responsible for any installation delays at the Park and the Park shall be responsible for correcting any installation problems in accordance with the Park Contract.
- We shall not be responsible for any changes made to any Park Rules by the Park Owners or for any changes in the laws applicable to the region within which the Park is located.
- We do not accept any responsibility, nor do we guarantee the upkeep of any aspects of the Park, including but not limited to site facilities and the day to day running of the site. If you have any problems in relation to the Park, these must be directed to the Park in accordance with the Park Contract.
- Delivery, Siting and Connecting of the Home
- All dates quoted for Delivery (including the Estimated Delivery Date) are approximate only, and the time of Delivery is not of the essence. We shall not be liable for any delay or failure in Delivery of the Home that is caused by an event outside our control or your failure to provide us with adequate delivery instructions (or any other instructions that are relevant to the supply of the Home) or your failure to provide us with (or procure the provision to us of) adequate access to the Delivery Site for the purposes of delivering the Home.
- We shall confirm to you when the Home is ready for Delivery or, as the case may be, collection. If we are not able to deliver the Home to the Delivery Site within 28 days of such confirmation and this is as a result of your failure to provide us with adequate delivery instructions (or any other instructions that are relevant to the supply of the Home) or your failure to provide us with (or procure the provision to us of) adequate access to the Delivery Site for the purposes of delivering the Home:
- Delivery of the Home shall be deemed to have been completed at 9.00 am on the 28th day following the day on which we confirmed to you that the Home is ready; and
- we may store the Home until Delivery takes place, and charge you for all related costs and expenses (including insurance); and/or
- we may resell or otherwise dispose of the Home and, after deducting reasonable storage and selling costs, charge you for any shortfall below the price of the Home.
6.3 Please note that if the siting of the Home is not to be undertaken by us it is your responsibility to make adequate arrangements to have the Home sited appropriately (i.e., straight and level). This is to ensure that the Home is positioned correctly to avoid any damage being caused internally and externally. Failure to do this may result in doors and windows not operating correctly and potentially internal components being damaged. We cannot be held responsible for any issues occurring as a result of poor and inadequate siting arrangements to the extent not carried out by us.
6.4 You must also arrange for a qualified and registered gas safe engineer to complete a gas safety check and a qualified electrical engineer to connect the mains electricity as soon as your Home has been sited. The reason for this is that movement during transit can put stress on the connections and safety cannot be guaranteed without the qualified engineers’ commissioning and certification checks.
6.5 We will only bear the risk of loss or damage to the Home in transit if we receive photographic evidence of such loss or damage and such other information required by us within 24 hours of Delivery. In such cases, we will only bear the risk of external loss or damage to the Home (and no internal contents) in transit up to the current trade list value of the Home.
- We shall provide the Services using reasonable care and skill.
- You shall:
- co-operate with us and our employees, agents and subcontractors in all matters relating to the Services;
- provide to us and our employees, agents and subcontractors such information and materials as we or they may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects;
- provide to us and our employees, agents and subcontractors (or procure the provision of) access to all premises and other facilities as reasonably required to provide the Services.
- If you do not allow us access to all premises and other facilities in accordance with clause 7.2(c) (and you do not have a good reason for this), we may charge you additional costs incurred by us as a result. If despite our reasonable efforts, we are unable to contact you or rearrange access to your property, we may end the Contract pursuant to clause 12.1.
- Risk and retention of title
- Without prejudice to clause 6.5, the risk of loss or damage to the Home shall pass to you:
- where we are responsible for delivering the Home but not responsible siting the Home, upon completion of the Delivery of the Home at the Delivery Site (or the date of deemed Delivery under clause 6.2(a) (if applicable));
- where we are responsible for delivering and siting the Home, upon completion of the siting of the Home at the Delivery Site (or the date of deemed Delivery under clause 6.2(a) (if applicable));
- where we are not responsible for delivering the Home, when the Home is made available to you.
- Notwithstanding the passing of risk, we retain the legal and equitable title in the Home, which shall not pass to you until we have received payment of all sums due to us from you under the Contract.
- Until title to the Home has passed to you, you shall hold the Home in a fiduciary capacity for us and in particular you shall, subject to any applicable Credit Terms:
- not modify, sell, transfer or otherwise dispose of the Home nor create any encumbrance over the Home;
- insure the Home against any loss or damage and note our interest on the policy;
- ensure that the Home is safe and secure;
- provide us with access to the Home promptly on demand; and
- not occupy the Home on a permanent or temporary basis or allow it to be used for any purpose other than as a ‘show home’. The expression ‘show home’ should be given its normal every day meaning.
- Payment of our Charges shall be made in accordance with the Payment Terms.
- All Invoices are inclusive of amounts in respect of value added
tax chargeable from time to time (VAT).
- Payments can be made by bank transfer to such account nominated in writing by us.
- Subject to any applicable Credit Terms, if you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of the Bank of England from time to time but at a rate of 3% a year for any period when that base rate is below 0%. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
- If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
- Rights to end the Contract under the Consumer Contracts Regulations 2013 (PLEASE NOTE THAT YOU MAY NOT HAVE SUCH RIGHTS IN CIRCUMSTANCES WHERE YOU HAVE MET WITH ONE OF OUR REPRESENTATIVES IN PERSON PRIOR TO ENTERING INTO THIS CONTRACT)
- You may have a legal right, under the Consumer Contract Regulations 2013, to cancel this Contract for any reason.
- In the event that you have a legal right to cancel this Contract under the Consumer Contracts Regulations 2013, how long you have to do so depends on what you have ordered and how it is delivered. For example:
- If you have ordered any Services, you have 14 days after the Commencement Date to cancel this Contract to the extent that it relates to such Services. However, once we have completed the Services you cannot cancel the Services, even if such 14-day period is still running. If you cancel the Services after we have started providing the Services, you must pay us for the Services we have provided up until the time you tell us that you wish to cancel the Contract.
- If you have ordered a Home, you have 14 days after the day you (or someone nominated by you) receive the Home to cancel the Contract to the extent that it relates to the purchase of the Home.
- In the event that you have a legal right to cancel this Contract under the Consumer Contracts Regulations 2013 and you wish to exercise such right, you must inform us of your decision to cancel this Contract by a clear statement including but limited to details of what you bought, when you ordered or received it and your name and address (e.g. a letter sent by post or e-mail): Caravans in the Sun, Area One, Brookside Business Park, Cold Meece, Eccleshall, Staffordshire, ST15 0RZ, 0800 644456, email@example.com. You may use the model cancellation form annexed to this Contract, but it is not obligatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
- If you cancel this Contract (or part thereof), we will reimburse to you all payments received from you, including the cost of delivery relating to the cancelled part.
- We will refund you the price you paid for the cancelled part, by the method you used for payment. However, we may make deductions from the price, as described below.
- If you are exercising your right to cancel under the Consumer Contracts Regulations 2013:
- We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Home if this has been caused by unnecessary handling by you (or any other person with your permission to access the Home). If we refund you the price paid before we are able to inspect the Home and later discover you (or any other person with your permission to access the Home) have done anything which reduces the value of the Home, you must pay us an appropriate amount.
- Where the product is a Service, we may deduct from any refund an amount for the supply of the Service for the period for which it was supplied, ending with the time when you told us you wished to cancel. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the Contract;
- We will make any refunds due to you as soon as possible and not later than:
- in the event that the Services have been cancelled, 14 days after you have cancelled the Services; and
- in the event that the purchase of the Home has been cancelled the earlier of:
- 14 days after the date we receive back from you the Home; or
- 14 days after the day you provide evidence that you have returned the Home.
- The risk of loss or damage to the Home shall remain with you until we (or our authorised representative) receive back from you the Home.
Returning the Home
- If you have a right to end the Contract under the Consumer Contract Regulations 2013 and choose to exercise this right pursuant to and in accordance with the Consumer Contract Regulations 2013, you must:
- arrange for the return of the Home to be commenced within 14 days of telling us you wish to end the Contract; and
- pay the costs of returning the Home to an address specified by us.
- Our rights to end the contract
- We may end the Contract at any time by writing to you if:
- 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;
- you do not, within a reasonable period of time of us asking for it, provide us with information that is necessary for us to provide the Home and/or the Services;
- you do not comply with one or more of your other obligations under this Contract and, if such non-compliance is capable of remedy, you do not remedy such non-compliance within 7 days of being requested to do so.
- If there is a problem the Home
- How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team on 08006444545 (option ‘4’) or write to us at firstname.lastname@example.org or Area One, Brookside Business Park, Cold Meece, Eccleshall, Staffordshire, ST15 0RZ.
- Repairing the Home If any damage to the Home is identified in accordance with clause 6.5 we will arrange with you to carry out repair works. If you do not allow us access to your property (and you do not have a good reason for this), or we are otherwise prevented from accessing your property to carry out any such repair works, we may charge you costs incurred by us as a result.
Your legal rights. If you are a consumer, any statutory rights which you have, which cannot be excluded or limited, will not be affected by these terms.
- Our right to cancel or delay
Without prejudice to any other remedies we may have, we reserve the right to immediately cancel or delay performance of the Contract, wholly or in part, or any other contract between us and you upon any breach, non-observance or non-performance by you of any term, condition or provision, express or implied of the Contract.
- Limitation of Liability
- Subject to clause 15.3, if we fail to comply with our obligations under the Contract, we are responsible for loss or damage you suffer that is a foreseeable result of such non-compliance, 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.
- Subject to clause 15.3 and as otherwise expressly stated in these Conditions, in no event shall we be liable to you in contract, in tort or otherwise for any loss of goodwill or anticipated savings or any incidental, special or consequential damage arising in any way out of or in connection with the Contract. We only supply the Home for domestic and private use. If you use the Home 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.
- 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 Home and any Services including the right to receive the Home and any Services which are: of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987.
- If we are carrying out any Services, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the Services. In the case of any damage caused to your property during the provision of any Services, although care and attention is always maintained, occasional damage may occur and minor scratches and dents are deemed acceptable, any extensive damage will be repaired on a like for like standard but full replacements are not provided.
- Force majeure
We shall not be liable for any delay in performing or failure to perform any of our obligations where such delay or failure is due to industrial action (whether involving our employees or employees of a third party), acts, omissions or delays of suppliers or sub-contractors, failure or breakdown of machinery or transport or any other cause beyond our reasonable control (including but not limited to Covid-19 and/or Brexit).
- Other important terms
- We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
- You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
- Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. 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.
- 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 eff
- 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 Services or allow you access to the Home, we can still require you to make the payment at a later date.
- 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 the products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or English courts.