OUR TERMS FOR CONSUMERS

We are a marketplace platform and subscription service that provides our members with access to vehicles, which are supplied by manufacturers, dealers or fleet managers.

1.THESE TERMS

1.1What these terms cover. These Terms govern your use of our service. We are Wagonex Limited, and our registered office is at Acre House, 11-15 William Road, London NW1 3ER. Our company number is 10312289. Our registered VAT number is 256 9599 39. You are the individual using the services that we provide for your personal use, and not for use in connection with your trade, business, craft or profession.

1.2Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide our services to you, how you and we may change or end the contract, what to do if there is a problem and other important information.

2.INFORMATION ABOUT US AND HOW TO CONTACT US

2.1How to contact us. You can contact us by email at help@wagonex.com.

2.2How we may contact you. 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 in your order.

2.3Writing includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

2.4We act as agents. This means that when you have selected a vehicle, you enter into a contract through us, as agent for the vehicle provider. So, for example, if you select a Mini, you will enter into a contract that has us as the other party, but we in turn are actually entering into the contract with you on behalf of BMW, the BMW dealer or fleet manager. We are an intermediary, or agent, or broker – those words all mean the same thing.

3.OUR CONTRACT WITH YOU

3.1Subscription. For the monthly subscription option, your subscription will run for an initial one month, and then continue month-to-month until terminated. You must pay us monthly in advance, each month. Unless you cancel your contract one week before the contract renewal date you authorize us to charge your next month's fee to your chosen payment method (see the "Your rights to end the contract" section below). To use our service, you must provide us with a current, valid, accepted method of payment, which you may update from time to time ("Payment Method"). You can find specific details regarding your membership with us by visiting our website and clicking on the "My Account" link available at the top of the pages of our website under your profile name.

For the six monthly and yearly subscription option, your subscription will run for the duration of the selected term. You must pay us monthly in advance, each month. Should you cancel your membership before the termination i.e. mid-term, you will be liable for 50% of the total remainder of your contract charged to your chosen payment method (see the "Your rights to end the contract" section below). To use our service, you must provide us with a current, valid, accepted method of payment, which you may update from time to time ("Payment Method"). You can find specific details regarding your membership with us by visiting our website and clicking on the "My Account" link available at the top of the pages of our website under your profile name.

3.2A deposit will be taken on request only in exceptional circumstances. That means that you pay us both the deposit and the first month's fee on the contract agreement date.

3.3How we will accept your subscription. Our acceptance of your subscription will take place when we email you to accept it, at which point a contract will come into existence between you and us.

3.4How we will accept your vehicle order. Our acceptance of your vehicle order will take place when we email you to accept it and you have paid for the first month, at which point a contract will come into existence between you and us.

3.5If we cannot accept your vehicle order. If we are unable to accept your order, we will inform you of this in writing. This might be because the vehicle is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because the consumer checks we have obtained for you do not meet our minimum requirements, because you have an excessive number of penalty points on your driving license, because we have identified an error in the price or description of the vehicle or because we are unable to meet a delivery deadline you have specified.

3.6Your vehicle order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

3.7We only supply in the UK. Our website is solely for the promotion of vehicles in the UK. Unfortunately, we do not accept orders from addresses outside the UK.

4.BILLING

4.1Billing Cycle. The first monthly payment will be billed on agreement of the contract, and subsequent monthly payments will be billed a calendar month apart on the corresponding date of delivery/pick up of your vehicle, this is known as the contract renewal date. In some cases the timing of your billing may change, for example if your Payment Method has not successfully settled or if your subscription began on a day not contained in a given month.

4.2Payment Methods. You can change your Payment Method by visiting our website and clicking on the "My Account" link. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not change your Payment Method or cancel your account, we may suspend your access to the service until we have obtained a valid Payment Method. You authorize us to continue billing the Payment Method, as it may be updated and you remain responsible for any uncollected amounts. This may result in a change to your payment billing dates.

4.3Changes to the Price and Service Plans. We may change our service plans and the price of our service from time to time; however,

4.3.1With rolling monthly subscriptions the standard 30 day notice applies. This means that any price changes or changes to our service plans will not apply to you earlier than 30 days following our email notice to you.

4.3.2Six monthly and yearly subscriptions will complete their terms unaffected and any price changes will apply to subsequent contracts.

5.PASSWORDS AND ACCOUNT DETAILS

Passwords. You should not share your password nor the Payment Method details with anyone. You are responsible for updating and maintaining the accuracy of the information that you provide to us relating to your account with us.

6.VEHICLES

Vehicles may vary slightly from their pictures. The images of vehicles on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the vehicle. Your vehicle may vary slightly from those images.

7.YOUR RIGHTS TO MAKE CHANGES

If you wish to make a change to the vehicle you have ordered please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the vehicle, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

8.PROVIDING THE VEHICLES

8.1This is a contract for a subscription to receive goods. We will supply the services to you until you end the contract as described in clause 9 or we end the contract by written notice to you as described in clause 10.

8.2We are not responsible for delays outside our control. If our supply of the vehicles is delayed by an event outside our 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 if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any vehicles you have paid for but not received.

8.3Collection by you. In general, you need to contact the dealer directly to agree those arrangements. If you want to you can collect the vehicle from the dealer, alternatively, we or the dealer will arrange delivery of the vehicle to you.

8.4When you become responsible for the vehicle. You are responsible for the vehicle from the moment you collect it, or if agreed, from when it is delivered to you.

8.5You do not own the vehicle. All vehicles used under our service remain the property of the dealer, and do not become yours.

8.6What will happen if you do not give required information to us. We will need certain information from you so that the vehicle can be supplied to you, for example, confirmation that you hold a driving licence with fewer than 9 penalty points on it. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying a vehicle late or not supplying it at all if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

8.7We will need updated information. You must notify us if you receive any additional penalty points on your licence. We may also contact the supplier of the vehicle to obtain this information. This is a key obligation on you. Should you not disclose any changes to your licence we retain the option of cancelling your contract with immediate effect. Should you exceed the maximum of 9 points on your licence we will terminate the contract with immediate effect.

8.8Reasons we may suspend the supply of a vehicle to you. We may have to suspend the supply of a vehicle to:

8.9Your rights if we suspend the supply of vehicles. We will contact you in advance to tell you we will be suspending supply of the vehicle, unless the problem is urgent or an emergency.

8.10We may suspend supply of the vehicles if you do not pay. If you do not pay us when you are supposed to, we may suspend your contract, and take all steps that we consider appropriate to take back a vehicle that is in your possession under your membership of our programme. Vehicles may be fitted with tracking devices, and devices that stop the vehicle from moving when safe to do so, which we may activate it you do not pay us money you owe to us.

9.YOUR RIGHTS TO END THE CONTRACT

9.1You can always end your contract with us. You may be able to get a refund if you are within a 14 day cooling-off period (see the next paragraph), but this may be subject to deductions and you will have to pay the costs of return of any vehicle. For details on ending your contract outwith this 14 day cooling-off period please see Clause 3.1.

9.2Exercising your right to change your mind as a consumer (Consumer Contracts Regulations 2013). As a consumer, you have a legal right to change your mind about your subscription within 14 days and receive a refund. This 14 day period begins the day after you receive, or collect, the car. If, during that time, you have already taken a vehicle, you will need to return it promptly to the dealer, and pay any reasonable costs of doing so. We may retain any money that you have paid to us to cover the repair costs of any damage to the vehicle or usage while you have had it.

9.3Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:

9.4Returning vehicles after ending the contract. If you end the contract for any reason and have a vehicle through us, you must return it immediately.

9.5When your refund will be made. If you are owed any refunds these will be made to you as soon as possible.

10.OUR RIGHTS TO END OR SUSPEND THE CONTRACT

10.1We may end the contract if you break it. We may end your membership at any time by writing to you if:

10.2We may withdraw the service. We may write to you to let you know that we are going to stop providing our service. We will let you know at least one month in advance of our stopping the supply of vehicles and will refund any sums you have paid in advance for your vehicle after the date of termination.

10.3We may suspend this contract if you break it. Instead of ending your subscription, we may suspend it if you break these terms, for so long as we consider reasonable.

11.IF THERE IS A PROBLEM WITH A VEHICLE

11.1Who to tell about problems. If you have any questions or complaints about a vehicle, please contact the dealer directly.

11.2Who to tell about any vehicle damage or accidents. If the vehicle is damaged while you have it, you must email us details of the damage (with photos and details of what happened and where) as soon as it is safe to do so, to help@wagonex.com.

12.OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER

12.1We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage that you suffer as a foreseeable result of our breaking this contract or our failing to use reasonable care and skill.

12.2We 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 where we may not limit our liability to you.

12.3We are not liable for business losses. As you are a consumer, we only supply the vehicles to you for domestic and private use.

13.HOW WE MAY USE YOUR PERSONAL INFORMATION

13.1How we will use your personal information. We keep your information confidential under the Data Protection Act (1998). We will use the personal information you provide to us:

13.2In some cases We have installed a tracking device on each vehicle. That means that we, and the tracking company that we use, are able to track the vehicle at all times. We only use that data to know where the vehicle is, and only plan to use it to recover the vehicle (including by notifying law enforcement and emergency service providers) and for insurance purposes.

13.3We will only give your personal information to third parties where the law either requires or allows us to do so. We may share your information with vehicle dealers in connection with any vehicle you wish to have supplied to you.

13.4You have a right to see a copy of any information we hold about you. Please contact us in writing at help@wagonex.com in order to do so.

14.OTHER IMPORTANT TERMS

14.1No smoking. You may not smoke in the vehicle, or allow any passenger to smoke in it. If we detect that there has been any smoking in the vehicle, we will fine you £250, and we may suspend your membership.

14.2No pets. You may not transport any pets or other animals in the vehicle. Again, if we detect that there has been any animal in the vehicle, we will fine you £250, and we may suspend your membership.

14.3We 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.

14.4You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

14.5Nobody 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.

14.6If 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.

14.7Even 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.

14.8Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the vehicles in the English courts. If you live in Scotland you can bring legal proceedings in respect of the vehicles in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the vehicles in either the Northern Irish or the English courts.

15.Insurance

15.1Wagonex Limited is an Appointed Representative of Complete Cover Group (for general insurance intermediary business), a company authorised and regulated by the Financial Conduct Authority under firm reference number 815256 to carry on insurance mediation activities.

15.2Wagonex may offer you (the Driver) and one other Named Driver, subject to either and/or both meeting the insurance eligibility criteria, to buy fully comprehensive motor insurance.

15.3The insurance policy wording and key facts document can be found on the Wagonex platform here: The Insurance Policy

15.4It is your responsibility to obtain comprehensive motor insurance for yourself and for any named drivers (or to ensure they are adequately covered by their own motor insurance policy).

15.5Any 3rd party insurance must be pre-approved by Wagonex in writing. Relevant insurance excess charges may apply.

15.6If the Driver does not buy comprehensive motor insurance through Wagonex, it is the Driver’s responsibility to obtain comprehensive motor insurance for themselves and to ensure any Named Drivers are covered by such motor insurance policy (or are covered by their own motor insurance policy). If the driver chooses to use an alternative comprehensive policy this must be confirmed as acceptable by Wagonex in writing.

16.Accidents, Damage and Theft

16.1In the event of an accident whilst using a Vehicle you (or the relevant named driver) must not admit responsibility or attempt to negotiate.

16.2You (or the relevant named driver) should note the registration numbers of other vehicles, take photographs and/or video of the scene and vehicles involved and obtain the names and addresses of everyone involved, including witnesses.

16.3You should also ensure the following

• The vehicle is secure
• Tell the police without delay if anyone is injured or you are unable to exchange details with other drivers or property owners
• Report the incident to the Vehicle insurer as soon as is practically possible and no later than 24 hours after the incident
• In the event of Damage you must comply with the instructions of Wagonex (or the Fleet Partner if instructed).
• You must provide all reasonable co-operation and assistance to the insurer and to Wagonex and the Fleet Partner as to conduct of the claim.
• If the Vehicle is stolen, you must inform the police and Wagonex as soon as becoming aware of the theft.

17.Telematics and Dash Cams

17.1Wagonex may, in its sole discretion, install a telematics solution and/or a dash cam in the Vehicle at Wagonex’s own cost. Telematics allows Wagonex to GPS track Vehicles as well as extract mileage, fuel level, acceleration and breaking data.