Terms & Conditions

DATA PRIVACY & COOKIE POLICY

TERMS AND CONDITIONS

Consumer Transactions

If you are purchasing as a consumer, nothing in these terms and conditions will reduce your statutory rights relating to faulty and misdescribed goods provided. If you have any doubts about your statutory rights please contact your local Trading Standards Department or Citizens Advice Bureau.

1. This order and any allowance in respect of a used motor vehicle offered in part exchange by you is subject to acceptance by us.

2. The motor vehicle is sold as roadworthy, or subject to any defects notified by us to you and accepted by you, at the date of delivery and if any fault occurs you have the right to rely on your statutory rights under the Sale of Goods Act 1979 or otherwise, please contact your local Trading Standards Department or Citizens Advice Bureau.

3. Any accessories fitted or supplied by us (Dealer fitted) will be entitled to the benefit of any warranty given by the Manufacturer of those accessories.

4. a) We will try to ensure delivery of the goods ("goods" in these Terms & Conditions is defined as our sales to you) by the estimated delivery date (if any) but cannot guarantee the delivery date. Except where delay is caused by circumstances beyond our control you will be entitled to cancel the contract and receive payment of your deposit if delivery has not taken place within 28 days of the estimated delivery date unless you have agreed otherwise, orally or in writing to accept late delivery. Where delay is caused by circumstances beyond our control we will not be liable for any damages related to the delay and in these circumstances we will contact you and agree an alternative date for delivery or you may cancel the contract, in which case any deposit paid by you shall be returned in full.

b) If the Manufacturer of the goods described in the contract stops making goods of that type, we may (whether the estimated delivery date as arrived or not) give you written notice to cancel the contract. Any deposit you have paid to us will be returned to you.

5. If you fail to take and pay for the goods within 21 days of notification that the goods are available for delivery, we may treat the contract as cancelled and keep any deposit paid by you.

6. The goods shall remain our property until the price has been paid in full. Where payment is made by cheque the goods will remain our property until the cheque has cleared. The proceeds of any goods re-sold by you prior to the cheque having been cleared are to be held by you in trust for us. The risk in the goods passes to you when you take delivery.

7. If the goods to be supplied by us are new, the following provisions shall have effect:

a) We undertake to ensure that the pre-delivery work (factory fitted) specified by the Manufacturer or Importer is carried out and that we will use our best endeavours to obtain for you from the Manufacturer or Importer the benefit of any warranty or guarantee given by them to us. These warranties or guarantees are in addition to and not in replacement of any warranties or guarantees given to you by us.

b) No allowance can be made for any part of the standard equipment supplied with the motor vehicle which you do not wish to take.

c) If, after the date of this order and before delivery of the goods to you, the Manufacturer's or Importer's recommended price for any of the goods is changed, we shall give notice of any change to you and:

(i) If the Manufacturer's or Importer's recommended price for the goods is increased you will be notified of the amount of the increase we intend to pass on to you. You have the right to cancel the contract within 14 days of receipt of this notification. If you do not cancel the contract the increase in price shall be added to and become part of the contract price;

(ii) If the recommended price is reduced you will be notified of the amount of the reduction we intend to pass to you. If the amount passed on to you is not the same as the reduction of the recommended price you have the right to cancel the contract within 14 days of the receipt of this notification. If you do not cancel the contract the reduced price will be the contract price.

d) If you cancel the contract because of a price change notified by us to you, any deposit which you have paid to us will be returned to you.

8.When we accept a used motor vehicle as part payment you agree that

a) (i) you are the legal owner and

(ii) no outstanding credit is owed on it. If there is an outstanding credit the amount of money we give you will be reduced by the equivalent of the amount of the outstanding credit.

b) Our acceptance of your offer in relation to the part payment is only valid if your used motor vehicle is delivered in the same condition as we examined it.

c) You must deliver your used motor vehicle to us on or before the day you collect your goods from us. From the day you deliver it to us we are the legal owners.

d) We will write to you and tell you that your goods are ready for collection. You must deliver your used motor vehicle to us within 14 days.

e) The rights of cancellation set out in this clause are in addition to your rights of cancellation as contained in clause 4a). If delivery of the goods is delayed through no fault of ours we may deduct an amount for extra depreciation of your used motor vehicle ("the Extra Depreciation"). The Extra Depreciation will not exceed 2.5% of the agreed value of your used motor vehicle for each complete 30 day period. The time begins 30 days after the estimated delivery date and ends on delivery of your used motor vehicle (if any). You will then have the right to cancel the contract within 14 days of receipt of this notification. If you cancel the contract, any deposit you have paid to us will be returned to you. If you do not cancel the contract, the value of your used motor vehicle will be reduced by the amount of Extra Depreciation and there will be a corresponding increase in the amount which you will be required to pay, at your option, in cash or through finance (subject to the approval of the finance company).

If conditions 8a) to d) are not met, we will not accept your used motor vehicle and you will pay the full price for your goods.

9. Any correspondence to you will be sent by normal post rather than registered delivery, to the address you have given overleaf.

10. If you arrange for a finance company to purchase the goods from us, and if you have offered and we have accepted your used motor vehicle as part-payment, we shall tell the finance company how much money has been agreed by us to be deducted from the price of the purchased goods for the used vehicle and what deposit you have paid to us.

11. Should either you or we not strictly enforce any obligation under this agreement at anytime, this will not prevent that obligation being enforceable at a later date.

UBER & UBER PARTNER DRIVERS

As part of the contract to supply your vehicle, we will share your personal details with Uber & Uber Partner Point and the Public Carriage Office.

Terms of Business

1. These conditions are the sole conditions on which the Centre by whom this form is used, hereafter called ("the Company") contracts with the Customer (as named overleaf)

2. All estimates for work to be done are valid for 7 days from the date of dispatch of the estimate by the Company to the Customer. If the Customer deposits a vehicle with the Company for the purpose of the Company preparing an estimate then a storage charge based on the Company's current storage rates will be made to the Customer operating from the eighth day unless the estimate is accepted by the Customer within 7 days of its dispatch by the Company, or the vehicle is removed from the premises by the Customer within that time.

3. All prices quoted by the Company for the parts are based on the prices current at the time of preparing the estimate and the Company reserves the right to increase such prices to the Customer if the price to the Company is increased between preparing the estimate and obtaining the parts in order to carry out the work. The Company reserves the right to sub-contract all or any of the work.

4. Where new paintwork is required and the metal work is found to be rusted, every reasonable precaution will be taken to prevent this penetrating through after painting, but no guarantee can be given in this respect. If partial paintwork only is required every endeavour will be made to match the existing colour but no guarantee can be given of a perfect colour match.

5. If for any reason the work requested by the Customer is not carried out in full the Company will charge a reasonable sum for the work actually carried out.

6. The Company reserves the right to increase the contract price should additional repairs be found to be necessary on dismantling the vehicle, and the Customer shall on giving notice to the Company have the right to remove the vehicle on payment of all charges levied by the Company for work carried out and storage prior to the requirements for additional repairs being communicated to the Customer provided always that this paragraph shall not apply where the Customer shall have instructed the Company to undertake the repairs without reference to all or part of the contract price or either price.

7. Any variation agreed between the Company and the Customer in the work to be carried out shall be deemed to be amendment to this contract and shall not constitute a new contract.

8. The Company will use its best efforts to carry out the work in the time notified to the Customer but time shall not be of the essence and no liability is accepted by the Company for any delays.

9. Work shall be deemed to be completed when the Customer is advised by the Company that such work is complete. The Customer will pay the Company for all work done and materials supplied as well as any storage charges before the vehicle may be removed from the premises. If the Customer fails to pay the amount due and fails to collect the vehicle within 7 days of being advised that repairs are complete, the Company will charge for storage at its current rates. The Company may sell the vehicle if the Customer shall fail to pay and collect it within 3 months of being notified that the work has been completed, and the Company's intention to proceed to sell it. Upon such a sale the Company shall pay the balance of the proceeds of the sale to the Customer after deducting all its unpaid charges and disposal costs.

10. The Company is only responsible for loss or damage to a vehicle or its accessories or contents caused by the Company's negligence. The Company advises the Customer to remove from the vehicle all items of value not related to the vehicle. No responsibility will be accepted under any circumstances for any loss or damage to vehicles howsoever caused that remain uncollected for more than 48 hours after notification to the Customer that the vehicle is ready for collection.

11. The goods used in the repair shall remain the property of the Company until the contract price has been discharged in full. A cheque accepted by the Company in payment shall not be treated as a discharge until the same has been cleared.

12. The Company retain a lien over the vehicle until the cost of tow, repairs and storage have been discharged in full and any cheque presented in payment has been cleared.

13. All parts replaced during the service or repair, except those that have to be returned to manufacturers or suppliers under warranty or service exchange arrangements will be retained by the Company for the Customer until the time when the vehicle is collected by the Customer. If the Customer does not specifically ask to take possession of such replaced parts when collecting the vehicle then they will become the property of the Company to dispose of as it deems fit. The Company shall obtain the Customers express permission to repair or to fit repaired units where new parts quoted for are unavailable or not obtainable within a reasonable time.

14. No parts will be accepted for credit unless returned within 14 working days of collection, they must be in unused condition with the original packaging still intact, and be to a minimum value of £50 excluding VAT. All new parts returned for credit are subject to a 25% handling charge. The Company do not have to accept any parts for credit, it is at their discretion Goods specially ordered cannot be returned for credit. Exchange items must be returned clean within 7 days. In the event of a factory reconditioned unit being fitted a surcharge may be made pending examination by the manufacturers to confirm that the unit is, in their opinion, fit for reconditioning within the Exchange Scheme. If the unit is accepted for reconditioning and the manufacturer's credit note is received, the surcharge will be cancelled.

15. All written notices given by the Company to the Customer shall take effect 24 hours after being dispatched by the Company in the normal course of post to the invoice address shown overleaf.

164. The Company shall not be liable to the Customer for any loss or damage occasioned by release of the vehicle to any person who settles the account outstanding for tow and or repair and or storage provided always that such persons shall have held themselves out as duly authorised by the Customer to have possession of the vehicle.

17. The Company warrants that all genuine parts fitted to the vehicle will be free of defects in accordance with the manufacturers warranty period. In respect of any other parts fitted the Company assigns to the Customer the benefit of the applicable manufacturer's warranty. The Company warrants its work free of defects for a period of 3 months or 3,000 miles whichever occurs sooner, from the date of completion of the work. 17.1 Liability under this Clause is wholly excluded if the vehicle has been:
(a) Used for competitions, racing or record attempts or otherwise than for private or commercial use of the owner or other users with his permission.
(b) Abused in any way or damaged by wear and tear, neglect, rust, improper use or failure to maintain in accordance with the manufacturer's recommendations.
(c) Damaged in any subsequent accident.
Nothing contained herein shall affect the Customer's statutory rights.

1. Except as set out expressly in these Conditions:
(a) We do not accept or agree to any other conditions, warranties or other terms, whether express or implied, and whether express or implied, and whether as to conformity with description or sample, quality or fitness for purpose or otherwise.
(b) We do not accept liability for the negligence of ourselves, our servants or agents (except for death or personal injury).
2. Under no circumstances whatsoever shall we be under any liability for loss of profit, business or production or any similar loss or damage, whether direct or consequential, howsoever. 3. Clauses 1, 2, 3 (a) and (b) of part A and clauses 1 (a) and (b) and 2 of part C of these conditions shall not apply to a consumer sale. A consumer sale is one where a person acquires goods either for cash or on credit or on finance other than in the course of a business but does not include a person who holds himself out as acquiring them in the course of a business. The information which you give us about yourself. the details of this Agreement and the history of business conducted between us will be retained by us in our records. This will help us to make future credit and other commercial decisions about you. It will also enable us to tell you about any products and services which we think may be of interest to you. You may elect not to receive such information.
We may also disclose some or all of the above information to any of our subsidiary or associate companies for any purpose connected with our business

GENERAL DATA PROTECTION REGULATIONS

The information which you give us about yourself. the details of this Agreement and the history of business conducted between us will be retained by us in our records under the General Data Protection Regulations 2018. This will help us to make future credit and other commercial decisions about you. It will also enable us to tell you about any products and services which we think may be of interest to you. You may elect not to receive such information or amend your contact methods. We may also disclose some or all of the above information to any of our subsidiary or associate companies for any purpose connected with our business. Further information on our data protection policies is available in our Privacy Notice @ https://www.hummingbirdmotors.co.uk/privacy-legal.aspx

WEBSITE PRIVACY & COOKIES POLICY FOR HUMMING BIRD MOTORS PLC AND ITS SUBSIDIARIES.

We, Humming Bird Motors take your privacy seriously and are fully committed to handling the information we collect from you in a secure and responsible manner and adheres to the guidelines published in the United Kingdom Data Protection Act and the General Data Protection Regulation (EU) 2016/679 which is applicable from the 25^th May 2018.

Any questions relating to this privacy policy should be sent to:
Please read this privacy policy, which explains how we use your personal information, in particular:

What information is collected from you through our trading website/s
How the information is used and consent
With whom the information may be shared
How you can correct any inaccuracies in the information

GENERAL

When you register with the Humming Bird Motors website you may be asked for the following details:

Name
Address
E-mail address
Contact telephone number
Further vehicle information regarding vehicle sales and duty of care

We will then keep your details safely and will not sell or rent your details to third parties. We will only share your information in the way described in this statement.

USE OF YOUR DATA

Humming Bird Motors may pass your data to our select number of finance partners if you request details about car finance.

Humming Bird Motors may use your personal details to contact you about news and special offers that we think may be of interest to you as part of the contractual and consent process.

If you wish to subsequently amend your consent, please e-mail the Data Manager at: [email protected].

Please also use these contact details to let us know if you would like us to delete any information from your records and we will do so at any time.

PERSONAL INFORMATION, COLLECTION AND RETENTION

The use of our website/s will result in the organisation receiving information from you. This will be used in examples such as viewing vehicles or making online service bookings.

The organisation requires this information to provide our online services in order to book appointments or services at our dealerships. We will detail this information below.

To make an online booking for sales, service, mot or repair we require the following; Name, Address, E-mail Address, Telephone Number and Vehicle Information.

As part of our duty of care we will contact you with reference to service and MOT reminders.

Humming Bird Motors may use your personal information for general marketing purposes as part of the contractual or consent process.

If you subsequently wish to amend your consent on general marketing, service and MOT reminders then please request that by sending an email to [email protected] or a written request to:

The Data Controller
Humming Bird Motors Plc

363 Edgware Road

London

NW9 6AF

If you search through our new and used car offers then we may store information on the vehicles searched for and your postcode that is used to personalise the results that are returned to you.

After booking a test drive or for the purposes of using a courtesy car as part of your service booking, we will require a copy of your driving licence in our dealership, which we will store as part of our data protection process, in case of any motoring offences that may occur.

Please be aware that if you call any of the dealerships owned by Humming Bird Motors that your calls may be monitored or recorded for training purposes.

When you visit our dealerships we use CCTV to monitor our premises in this event your image and your vehicle registration can potentially be stored for a period of weeks.

If you wish to obtain car finance as part of the requirements of purchasing a vehicle we will be required to collect further details for finance and credit search purposes. These are;

Name
Email
Address
Length of time at present address
Previous address (if you have been at your current address less than 3 years)
Date of Birth
Gender
Full UK driving licence
Marital status
Dependants

This information will be passed to the finance provider and recorded on their finance system. Your personal information will be stored on your order form, which will be retained for 7 years after which it will be deleted.

Our data retention periods are reviewed on a regular basis and we will only hold your personal information as long as it deemed relevant for the required activity or as required for legal reasons or as stated in any relevant contract that we have in place with you.

MARKETING

Humming Bird Motors will contact you with reference to our duty of care for vehicle safety and warranty-based compliance OR where there is a contractual reference for us to do so.

If you have agreed to receive marketing from Humming Bird Motors by form of consent you will have the option to select which form of marketing you would like to receive from us. You may in the future, choose to amend your consent to receive such marketing from us and you can do this by sending an email to:

[email protected] or by written request and or via our https://www.hummingbirdmotors.co.uk/gdpr-compliant-form/which allows you to change and remove the methods you wish to be contacted by.

If you have agreed to receive marketing from Humming Bird Motors we may inform you of new products available from companies within our organisation or third party partners, details of which can be requested from the Data Controller.

The Data Controller
Humming Bird Motors Plc

363 Edgware Road

London

NW9 6AF

We encourage you to use these methods to unsubscribe from our marketing services.

Tracking

We track your movements on the website to analyse trends and public interest in our products and services, administer the site and gather information for aggregate use. The information we gather in this way is anonymous and is not linked to personal information from which you can be identified.

Sharing

We share information within Humming Bird Motors group companies in order to offer you the full range of our services, but your personal data is not disclosed to any third parties outside the Humming Bird Motors group without your consent. If you consent to a credit search with respect to a finance application then we will be required to submit your information outside of the group.

This information will not be used for any other purpose other than to obtain a credit limit, which we will communicate, to you.

Manufacturers

We share information with the manufactures listed below in line with our retailer agreements and with respect to safety and compliance specifications.

We proudly represent Kia and Mitsubishi.

If your enquiry leads to the purchase of a new car for the purposes of warranty, registration and safety compliance we will share this information with the respective manufacturer.

Safety and Compliance

For warranty and product safety requirements contacts will be made to our customers from the manufacturer or Humming Bird Motors.

Data Security

You should be aware that the transmission of information via the Internet is not completely secure although we will use our best endeavours to protect your personal data. Humming Bird Motors cannot guarantee the security of your data in transit.

After receiving your information, Humming Bird Motors will use clear procedures and security features to try to prevent unauthorised access.

Humming Bird Motors will never ask you to email your bank details, usernames, passwords, or ask you through an email or text for personal banking information.

If you suspect you have become a victim of fraud please report this instance to the police through 'Action Fraud' via the website www.actionfraudpolice.co.uk or by calling 03001 232040.

Humming Bird Motors would also recommend contacting the Information and Commissioners Office (ICO) via the website - www.ico.gov.uk.

Access to information

You may request a copy of your personal information that the company holds about you at no cost. If you wish to access or update your personal information please contact Humming Bird Motors by sending an email to [email protected] or a written request to:

The Data Controller
Hummingbird Motors Plc

363 Edgware Road

London

NW9 6AF

If you wish to remove any of the personal information the company holds please request this via email or writing to the above address.

However, if your personal information relates to any legal reasons it may be removed.

If there are any concerns that Humming Bird Motors are not using your information in accordance with their processes and with legal precedence or you are not satisfied with our response to your data request that are made you can refer to the 'Information Commissioners Office (ICO) - www.ico.gov.uk.

HUMMING BIRD MOTORS GROUP COMPANY INFORMATION

Company	Co. No.	Trading Names	Registered Address
Humming Bird Motors	02949216	Humming Bird Motors	363 Edgware Road, London, NW9 6AF

DISCLOSURE OF INFORMATION

Humming Bird Motors may disclose your personal information to other members of our organisation as described above.

Humming Bird Motors may disclose your personal information to other parties in the event of:

If we sell any of our businesses we may disclose your personal information to the prospective buyer of the relevant business.
In the event of a duty of disclosure due to compliance with legal obligation then your personal information may be shared.
In order to enforce or to comply with our terms and conditions of use for non-compliance.
Data may be shared with other organisations for purposes of fraud protection and credit risk reduction.
In the event of a data-cleansing organisation being sourced under contract to ensure accuracy of data information.
Use of live chat and phone calls your information may be collected and shared with our third-party providers.

COOKIES - WE USE COOKIES TO MAKE THIS WEBSITE AS USEFUL TO YOU AS POSSIBLE.

Cookies are small text files that we put in your browser to track usage of our site (to improve and enhance it) but they do not tell us who you are. Absolutely no uniquely identifiable information is stored in any of our Cookies.

What are cookies?

A cookie is a piece of data/text file that is placed in your computer's memory when you visit a website. The information the cookie contains is set by our website's server and, depending on the type of cookie, may be used each time you visit our website/s.

Cookies are widely used to make our website/s work, or work more efficiently for you, our guest, as well as to provide companies with information about traffic through the website.

Cookies are designed to remember things that you have done on a website in the past, which can include putting products in your basket, logging in, or clicking on links. This can save you time when you visit a website more than once.

Cookies can be used by our website/s in the following ways:

To remember your preferences.
To remember your password.
To find out what the website doesn't do well and make improvements to it in future.
Allow you to share pages with social networks like Facebook.
To make personalised product recommendations, based upon your previous times you've visited our website/s.
Make sure advertising on other websites is relevant to you.
They can also help us to see how many people are visiting our website and which pages are the most popular (see Google Analytics).

Google Analytics

This is a behavioural tracking service that shows us what pages people have visited, for how long and it what order. It also tells us whether people are using desktops or mobile devices to view the website, and other helpful information. This data helps us find out what can be improved on the website and how important it is.

List of Cookies

You can at any time refuse the use of cookies.

IP Addresses

The additional cookies that run during your session will collate information regarding your computer in the form of server logs including where available your IP addresses, operating system, browser types regarding your systems administration.

This is for the purpose of statistical data, disabling cookies ensures that your IP address will not be recorded. You can update your cookie preferences in your browser settings. Please note that disabling cookies will ensure that your IP address will not be recorded.

Humming Bird Motors would request that the cookies are accepted, as they are used for:

Customisation of the website layout and content.
Recognition of when a user has visited and how many unique visits are received.
Remembering your preferences and settings.
Recognition of devices so as to not need to provide the same information on visits to the website.
Identification of errors for resolution.
Identification of what is relevant whilst browsing the website.
Collation of statistical and anonymous information around the use of our digital services.
Effectiveness of our website and online message.

Links

The Websites associated with Humming Bird Motors may contain links to and from the websites of our partner networks and manufacturer.

In the event of you following these links, these websites will have their own privacy policies and Humming Bird Motors do not accept any responsibility or liability for these policies.

Humming Bird Motors would advise that you check these policies before you submit any personal information to these websites.

Social Networks

The Websites associated with Humming Bird Motors may offer you opportunity to share or follow information about the business using third party social networking functionality; share this, like or follow buttons.

We offer this functionality in order to generate interest toward our website and services among members of your social networks.

You should be aware that sharing personal information within a social network may result in that being collected by the social network provider. This could result in that information becoming publicly available in internet search engine results.

Humming Bird Motors do no exercise or endorse controls, policies or practices or any third party social network that you may access through our websites.

Please read the privacy policy or any social network with which you may share information with.

Jurisdiction - Data storage for use in the EU and third countries

Humming Bird Motors store your data on secured servers inside the EU. Most of our partner networks are mainly based within the EU but some are based outside.

We have a clear data policy in place regarding the submission of your personal information. This will cover consent to transfer, storing or processing your personal information and data.

In the event of this instance Humming Bird Motors will take steps to ensure that the required security measures are followed to protect data as per our data security policy.

You can read about the EU e-Privacy Directive and the UK's Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011 at www.ico.gov.uk.

We may update our privacy policy from time to time, so would advise that you check it each time you visit the website.

Terms of Business

1. These conditions are the sole conditions on which the Centre by whom this form is used, hereafter called ("the Company") contracts with the Customer (as named overleaf)

5. If for any reason the work requested by the Customer is not carried out in full the Company will charge a reasonable sum for the work actually carried out.

7. Any variation agreed between the Company and the Customer in the work to be carried out shall be deemed to be amendment to this contract and shall not constitute a new contract.

8. The Company will use its best efforts to carry out the work in the time notified to the Customer but time shall not be of the essence and no liability is accepted by the Company for any delays.

12. The Company retain a lien over the vehicle until the cost of tow, repairs and storage have been discharged in full and any cheque presented in payment has been cleared.

15. All written notices given by the Company to the Customer shall take effect 24 hours after being dispatched by the Company in the normal course of post to the invoice address shown overleaf.

GENERAL DATA PROTECTION REGULATIONS

Monday	09:00 - 18:00
Tuesday	09:00 - 18:00
Wednesday	09:00 - 18:00
Thursday	09:00 - 18:00
Friday	09:00 - 18:00
Saturday	09:00 - 17:00
Sunday	11:00 - 16:00