Terms & Conditions

DMC Auto Birmingham is a trading name of DMC Moto (Birmingham) Limited.These Terms and Conditions, together with any documents referred to within them, set out the terms on which we offer to supply products, vehicles and services advertised for sale through our website.Please read these Terms and Conditions carefully before placing an order or purchasing a vehicle or other product from us. By placing an order, you agree to be bound by these Terms and Conditions.Throughout these Terms and Conditions, references to "you" and "your" mean the customer or purchaser. References to "we", "us", "our", "DMC Auto Birmingham" or "the Dealer" mean DMC Moto (Birmingham) Limited trading as DMC Auto Birmingham.INFORMATION ABOUT USDMC Auto Birmingham is operated by DMC Moto (Birmingham) Limited, a company registered in England and Wales under company number 08393769.Our registered and principal trading address is:DMC Auto Birmingham
265 Bromford Lane
Birmingham
B8 2SGVAT number: 156 6561 87.USE OF OUR WEBSITEWe endeavour to ensure that our website remains accessible 24 hours a day. However, we cannot guarantee uninterrupted access and will not be liable for losses resulting solely from the website being temporarily unavailable, interrupted, restricted or delayed for reasons outside our reasonable control.Access to our website may be suspended temporarily and without notice in the event of system failure, maintenance, repair or other circumstances beyond our control.By using our website, you agree not to attempt to gain unauthorised access to our systems or transmit any material that is defamatory, obscene, discriminatory, unlawful, in breach of confidence or privacy, or which infringes the rights of a third party.We may cooperate with law enforcement authorities or comply with a court order requiring us to disclose information relating to anyone using our website unlawfully.THE CONTRACT BETWEEN USAfter you place an order with us, you may receive an email acknowledging receipt of your order. This acknowledgement does not necessarily mean that your order has been accepted.A contract will arise when we confirm acceptance of your order, dispatch the goods, or otherwise confirm in writing that the transaction has been accepted.If any item is unavailable, we will contact you as soon as reasonably practicable and, where appropriate, offer an alternative, amend the order or arrange a refund.DELIVERY, RISK AND TITLEAll products advertised on our website are subject to availability.We make reasonable efforts to ensure that descriptions, specifications, photographs, mileage figures and other information relating to products and vehicles are accurate. However, photographs may be illustrative and minor differences may exist.For parts, accessories and other goods held in stock, delivery times shown on our website are estimates unless expressly stated otherwise.Where an item is listed as available for immediate dispatch, we will endeavour to dispatch it within the timeframe advertised.Where an item is shown as requiring additional time for dispatch, we may hold an order containing multiple products until all items are available unless separate delivery is agreed.Delivery charges will be shown on our website or communicated to you before completion of your purchase.Goods will normally become your responsibility when they are delivered to you, or to a person nominated by you, subject to your statutory rights.Ownership of goods will not pass to you until we have received full payment of all amounts due in connection with the purchase.CONTRACT CANCELLATIONWhere you are purchasing as a consumer and have a statutory right to cancel your contract, you may exercise that right within the applicable cancellation period.To cancel a contract, you must inform us clearly of your decision and return any applicable products to us in accordance with our Returns Policy.Products should be returned with any accessories, packaging, documentation and instructions originally supplied with them.Nothing in these Terms and Conditions is intended to restrict your statutory rights.We may cancel an order where:• We are unable to supply the product or vehicle ordered.
• We are unable to deliver to the location specified.
• A material error has occurred in the description, specification or pricing of the product or vehicle.
• We reasonably suspect fraudulent or unlawful activity.
• Circumstances outside our reasonable control prevent us from fulfilling the order.Where we cancel an order after receiving payment, we will notify you and arrange an appropriate refund.REFUNDS AND RETURNSIf you wish to cancel an eligible contract or return a product, please contact us using the contact details published on our website.If a product is damaged, defective, incorrectly supplied or an incorrect quantity has been delivered, please contact us as soon as reasonably practicable.Where we are responsible for a defective, damaged or incorrectly supplied product, we will arrange an appropriate remedy in accordance with your statutory rights.Where a product is being returned for another reason, you may be responsible for the cost of return.Until returned goods are received by us, they remain your responsibility. We recommend using a tracked or signed-for delivery service and retaining proof of postage.Returns should be sent to:DMC Auto Birmingham
265 Bromford Lane
Birmingham
B8 2SGUnless the product is faulty or your statutory rights provide otherwise, returned products should be in an appropriate condition together with proof of purchase and any accessories, packaging, documentation and instructions supplied with them.Where a refund is due, we will normally make payment using the same method originally used for the transaction unless otherwise agreed or legally required.PAYMENTS AND PRICINGPrices are displayed on our website and may change from time to time.Certain prices or promotions may be available exclusively online or through a particular sales channel.Unless otherwise stated, prices include VAT at the applicable rate. Delivery charges and any other applicable costs will be shown separately where relevant.Changes in price will not normally affect an order that has already been accepted by us, except where there has been an obvious pricing error or where the terms of a vehicle order expressly provide otherwise.If an obvious and genuine pricing error occurs, we are not obliged to supply a product or vehicle at the incorrect price where the error should reasonably have been apparent.Where an error is identified, we will contact you, advise you of the correct price and provide the opportunity to proceed at the correct price or cancel the transaction.NEW VEHICLESPrices for new vehicles will be displayed inclusive of VAT where applicable.Unless otherwise stated, new vehicles will be prepared for delivery in accordance with the manufacturer's applicable pre-delivery requirements.Any Vehicle Excise Duty, registration fee, number plate cost, first registration fee or other government charge applicable to the vehicle will either be included in the advertised price or clearly identified separately before purchase.USED VEHICLESPrices for used vehicles include the preparation expressly stated as being included with that particular vehicle.The remaining balance of any manufacturer's warranty, dealer warranty or third-party warranty will be explained separately where applicable.If a separately negotiated sale expressly excludes elements of our normal preparation package, this will be agreed with you and recorded in writing before completion of the sale.We accept payment methods notified by us from time to time. Payments may include major debit and credit cards, bank transfer and approved finance arrangements.Where payment is taken before an item is available for dispatch, that payment may be treated as a pre-payment. If we subsequently cannot supply the product and no acceptable alternative is agreed, an appropriate refund will be made.OUR LIABILITYNothing in these Terms and Conditions excludes or limits any liability that cannot lawfully be excluded or limited.Nothing in these Terms and Conditions affects your statutory rights as a consumer.To the extent permitted by law, where you are purchasing wholly or mainly for business purposes, we will not be liable for indirect or consequential loss, loss of profits, revenue, business opportunity, anticipated savings or data arising from the supply of goods or services.WRITTEN COMMUNICATIONSBy using our website, you acknowledge that communications between us may take place electronically.We may contact you by email, telephone, text message or through notices published on our website where appropriate.For contractual purposes, you agree that electronic communications may satisfy any requirement for communications to be provided in writing where permitted by law.This does not affect your statutory rights.NOTICES AND COMPLAINTSAny notices or complaints should be sent to:DMC Auto Birmingham
265 Bromford Lane
Birmingham
B8 2SGEmail: info@dmcbirmingham.co.ukComplaints will be dealt with in accordance with our complaints procedure and any applicable regulatory requirements.EVENTS OUTSIDE OUR CONTROLWe will not be responsible for failure or delay in performing our obligations where this results from events outside our reasonable control.This may include disruption to transport networks, supplier or manufacturer delays, strikes, utility failures, telecommunications failures, natural disasters, government action or other circumstances that we could not reasonably have prevented.Nothing in this section affects rights which cannot legally be excluded.COPYRIGHT AND INTELLECTUAL PROPERTYThe content of our website, including text, graphics, photographs, logos and other material, is owned by us or used by us under licence and is protected by applicable intellectual property law.You may print or download extracts for your own personal and non-commercial use provided that the content is not modified.No part of our website may otherwise be reproduced, distributed, stored, republished or incorporated into another website or electronic retrieval system without our prior written permission.ENTIRE AGREEMENTThese Terms and Conditions, together with our Privacy Policy, order documentation and any document expressly incorporated into a transaction, constitute the agreement between us concerning the relevant purchase.Nothing in this clause limits liability for fraud or fraudulent misrepresentation or affects any rights which cannot legally be excluded.A person who is not a party to the agreement will have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce its terms unless expressly stated otherwise.CHANGES TO THESE TERMSWe may revise these Terms and Conditions from time to time.The Terms and Conditions applicable to your transaction will normally be those in force at the time your order is placed or contract entered into, subject to any lawful variation agreed between us.RETURNSIf you receive an item and decide that it is unsuitable, you may be entitled to return it for refund or exchange in accordance with our Returns Policy and your statutory rights.Please notify our Customer Service team as soon as reasonably practicable by email at info@dmcbirmingham.co.uk.Where a non-faulty product is eligible for return, the following conditions may apply:• You must notify us of your intention to return the item within the applicable return period.
• Goods must be returned within the required timeframe.
• Unless faulty, goods should be unused and in a resaleable condition.
• You are responsible for ensuring returned goods are packaged appropriately.
• We recommend retaining proof of postage.
• Further delivery charges may apply to exchanges where the return is not the result of an error by us.
• Where an error has been made by us, we will meet reasonable return and replacement delivery costs where legally required.
• We are not responsible for returned parcels that do not reach us unless the loss is caused by us or our nominated carrier.
• Subject to your statutory rights, we are not responsible for third-party labour charges arising from the installation or removal of parts unless otherwise agreed or required by law.Please allow a reasonable period for returned goods to be inspected and processed.THIRD-PARTY PAYMENT PROVIDERSWhere we offer payment services provided by a third party, such as Klarna or another finance or payment provider, that provider's separate terms, eligibility criteria and privacy policy will apply.Availability of any particular payment option is subject to the provider's approval and may change from time to time.VEHICLE SALES TERMS AND CONDITIONSDEFINITIONS"Dealer" means DMC Moto (Birmingham) Limited trading as DMC Auto Birmingham."Customer" means the person or organisation contracting for goods or services supplied by the Dealer."Consumer" means an individual acting wholly or mainly outside their trade, business, craft or profession."Goods" means any vehicle, part, accessory or other item supplied by the Dealer."Vehicle" includes any car, van or other motor vehicle together with its accessories and components where applicable.WHOLE CONTRACTThese terms, together with the order form, invoice and any written amendments agreed between the Dealer and Customer, represent the contract between the parties.Any variation must be agreed in writing.INTERPRETATIONWords importing the singular include the plural and vice versa where the context requires.References to a person include an individual, company, partnership or other legal entity where appropriate.ENFORCEABILITYIf any provision of these Terms and Conditions is declared unlawful, invalid or unenforceable, the remaining provisions will continue in full force and effect.WRITTEN CONFIRMATIONAny vehicle order and any allowance agreed in respect of a vehicle offered by the Customer in part exchange are subject to acceptance and confirmation by the Dealer.DELIVERY AND DELIVERY TIMESUnless expressly agreed otherwise in writing, any delivery date is an estimate.Where a delivery date is not known at the time of sale, any date subsequently provided is dependent upon availability of the vehicle from the manufacturer, importer, supplier or other relevant party.The Dealer will use reasonable endeavours to meet an estimated delivery date but cannot guarantee delivery by that date where circumstances are outside its reasonable control.Where applicable, if the Dealer fails to deliver within the period specified in the contract or as otherwise required by law, the Customer may exercise any rights available to them under the contract or applicable legislation.NEW VEHICLESThe supply of a new vehicle may be subject to lawful terms imposed by its manufacturer, importer or authorised distributor.The Dealer will carry out or arrange any applicable manufacturer-specified pre-delivery preparation and will use reasonable endeavours to obtain for the Customer the benefit of any manufacturer's warranty or guarantee applicable to the vehicle.Any amount quoted for Vehicle Excise Duty, registration fees, VAT or other government charges is based on the amount applicable or anticipated at the time of quotation.If the amount legally payable changes before the taxable supply or registration takes place, the amount payable by the Customer may be adjusted accordingly where permitted by law.If, after the date of the order but before delivery, the manufacturer's recommended price or vehicle specification changes, the Dealer will notify the Customer where that change affects the transaction.Where the Dealer proposes to pass on a price increase, the Customer will be informed of the proposed increase and of any applicable right to cancel.Where the manufacturer permanently ceases production of the vehicle ordered, or the vehicle can no longer reasonably be supplied, the Dealer may cancel the order and refund sums due to the Customer.Nothing in this section limits the statutory rights of a Consumer.USED VEHICLESA used vehicle will be supplied in the condition described and agreed at the time of sale and, where sold for use on the road, will be roadworthy at the time of delivery except where the law expressly permits otherwise.Consumers retain all statutory rights applying to used vehicles.The age, mileage, condition, service history, previous use and specification of a used vehicle will be taken into account when assessing what may reasonably be expected from it.Where a particular defect, imperfection or condition has been specifically disclosed to the Customer before the agreement is entered into, that disclosure will form part of the description and condition of the vehicle.Nothing in these terms excludes rights which cannot lawfully be excluded.VARIATIONSAny variation agreed between the Dealer and Customer concerning the vehicle or goods to be supplied will be treated as an amendment to the existing contract unless expressly agreed otherwise.PAYMENT AND DEPOSITSThe Customer must pay the balance due for the vehicle when notified by the Dealer that the vehicle is available for collection or delivery, unless another arrangement has been agreed in writing.The Dealer may require a deposit when an order is placed and may decline to progress an order until the required deposit has been received.The treatment of deposits in the event of cancellation will depend upon the circumstances of the cancellation, the terms expressly agreed, work already undertaken and the Customer's statutory rights.Where work has been specifically authorised by the Customer, including the fitting of accessories or bespoke preparation, reasonable costs incurred may be taken into account where legally permitted.PLACE OF DELIVERYUnless otherwise agreed in writing, delivery and handover will take place at the Dealer's premises:DMC Auto Birmingham
265 Bromford Lane
Birmingham
B8 2SGWhere a vehicle is required to be returned following lawful cancellation of a transaction, return arrangements will be agreed in accordance with the applicable cancellation rights and these Terms and Conditions.FAILURE BY THE CUSTOMER TO COMPLETE THE PURCHASEIf the Customer fails to pay for and take delivery of the vehicle within a reasonable period after being notified that it is available, the Dealer may be entitled to treat the contract as cancelled.Where a Customer cancels in circumstances where they do not have a contractual or statutory right to do so, the Dealer may be entitled to recover reasonable losses directly arising from the cancellation, subject to applicable law.Any retained sum must reflect a lawful entitlement to recover actual or reasonably anticipated loss and must not amount to an unlawful penalty.The Dealer may also make a reasonable storage charge where a Customer fails to collect a vehicle after being given reasonable notice, provided that the charge has been communicated to the Customer and is legally recoverable.LOSS OR DAMAGEThe Dealer will be responsible for loss of or damage to a Customer's vehicle while in its custody where that loss or damage is caused by the negligence or breach of duty of the Dealer or its employees.Customers should remove valuables and personal items from vehicles before leaving them with the Dealer.Where a vehicle is supplied under a lease or other agreement involving a third-party leasing company, the condition of the vehicle at the end of that agreement may be assessed by the leasing company or its appointed representative.Any end-of-contract charges, including excess mileage or damage charges, will be governed by the applicable lease or finance agreement rather than these Terms and Conditions alone.RETURN OF DEPOSITWhere the contract is cancelled in circumstances entitling the Customer to the return of their deposit, the deposit will be returned in accordance with the applicable contract terms and law.TITLE AND RISKRisk in the vehicle normally passes to the Customer when the vehicle is delivered into the physical possession of the Customer or their authorised representative.Legal ownership will not pass until the Dealer has received cleared payment of all sums due for the vehicle unless otherwise agreed in writing or required by the applicable finance arrangement.Where goods remain the property of the Dealer pending payment, the Customer must not dispose of, sell or otherwise encumber those goods without the Dealer's written consent.LIENTo the extent permitted by law, the Dealer may exercise a lien over property belonging to the Customer that is lawfully in the Dealer's possession where money is properly due and outstanding in connection with that property.PART EXCHANGEWhere the Dealer agrees to accept a vehicle in part exchange, the Customer confirms that:• The information supplied concerning the vehicle, including its age, mileage, condition, ownership and history, is accurate to the best of their knowledge.
• The Customer is the legal owner of the vehicle and is entitled to transfer it to the Dealer.
• The vehicle is free from undisclosed finance, liens or other encumbrances, except where those have been specifically disclosed and can be settled as part of the transaction.
• The condition of the vehicle at handover will be materially the same as when it was appraised, allowing for reasonable wear and tear.
• The vehicle will be delivered with all agreed keys, documentation and accessories.Where outstanding finance exists, the Dealer may agree to settle the finance directly and deduct the settlement amount from the agreed part-exchange value.If the vehicle materially changes in condition, mileage, specification or history between appraisal and handover, the Dealer may reassess the part-exchange allowance.If information supplied by the Customer proves to be materially incorrect, the Dealer may revise or withdraw the part-exchange valuation where legally permitted.AUTHORITY TO CONTRACTWhere a Customer is a business, goods or services authorised by an employee, agent or other person who the Dealer reasonably believes has authority to act for the Customer may be charged to the Customer.AUTHORITY TO COLLECTThe Dealer may release a vehicle to a person whom the Customer has authorised to collect it.We may require appropriate identification or other evidence of authority before releasing a vehicle.AUTHORITY TO DRIVEWhere reasonably necessary in connection with inspection, appraisal, preparation, repair, servicing, testing, valuation or sale of a vehicle, the Customer authorises the Dealer and its authorised employees or representatives to drive the vehicle on public roads or elsewhere.This also applies to a vehicle offered in part exchange.FINANCEWhere the purchase is to be funded through a finance provider, any finance agreement will be a separate agreement between the Customer and the finance provider.The Customer's purchase of the vehicle may be conditional upon finance approval where expressly agreed.Where a finance provider purchases the vehicle from the Dealer on the Customer's behalf, ownership, payment and cancellation rights may also be governed by the finance agreement.Any part-exchange allowance or deposit will be dealt with in accordance with the vehicle order, applicable finance documentation and the law.NOTICESFormal notices may be provided using the postal address, email address or other contact details supplied by the Customer.A notice will be treated as received in accordance with applicable law and any express provisions contained within the relevant contract.EXPORT SALESWhere a vehicle is being purchased for export, the Customer must inform the Dealer before completing the transaction.The Dealer may refuse or cancel a transaction where it reasonably believes the proposed sale or export would breach manufacturer restrictions, sanctions, export controls, tax requirements, regulatory obligations or other applicable law.The Customer is responsible for ensuring that any export, registration or use of the vehicle outside the United Kingdom complies with the applicable legal requirements of the destination country.DISTANCE AND OFF-PREMISES SALESWhere you are acting as a Consumer and your vehicle purchase qualifies as a distance or off-premises contract, you may have a statutory right to cancel the agreement.Where such a right applies, the cancellation period will normally expire 14 days after the day on which you, or a third party nominated by you, takes physical possession of the vehicle or goods.To exercise your right to cancel, you must inform us clearly of your decision before the cancellation period expires.If you validly cancel, any reimbursement due will be processed in accordance with applicable consumer law.You may be responsible for the reasonable direct cost of returning the vehicle or goods where permitted by law.You must take reasonable care of the vehicle or goods while they are in your possession.Where legally permitted, you may be responsible for any reduction in value caused by handling or use beyond what is reasonably necessary to establish the nature, characteristics and functioning of the vehicle or goods.Nothing in this clause removes any statutory exemption or limitation applicable to a particular transaction.STORAGEThe Dealer may make a reasonable daily storage charge where a Customer fails to collect a vehicle after being notified that it is available and after being given reasonable notice that storage charges will apply.COMPLAINTS, DISPUTE RESOLUTION AND JURISDICTIONIf you have a complaint, please contact us using the complaints procedure published on our website or available from us on request.Complaints may be sent to:DMC Auto Birmingham
265 Bromford Lane
Birmingham
B8 2SGEmail: info@dmcbirmingham.co.ukWhere your complaint relates to a regulated financial service and cannot be resolved through our internal complaints process, you may have the right to refer the matter to the Financial Ombudsman Service.Nothing in these Terms and Conditions prevents a Consumer from exercising any right to use an applicable alternative dispute resolution process.These Terms and Conditions and any non-contractual obligations arising from them will be governed by the laws of England and Wales.Any dispute will be subject to the jurisdiction applicable under English law, subject to any mandatory rights available to Consumers.FINANCE AND INSURANCE CUSTOMER SERVICE STATEMENTDMC Auto Birmingham is committed to treating customers fairly and providing clear, appropriate and understandable information in connection with any finance or insurance products we introduce or arrange.Employees involved in the sale or administration of regulated finance, consumer credit broking or insurance-related products are expected to understand and comply with our regulatory obligations and internal procedures.Our objective is to provide customers with products and services appropriate to their needs and circumstances, in a professional and structured environment.We aim to ensure that:Customers receive fair and consistent treatment throughout their relationship with us.Products and services are offered only where they are appropriate to the relevant customer group.Customers receive clear and understandable information before, during and after the point of sale.Where recommendations or explanations are provided, these take account of the customer's circumstances and the nature of the product.Products and services perform in the manner customers have reasonably been led to expect.Customers do not face unreasonable barriers when making enquiries, changing products, making a complaint or exercising their rights.BUSINESS CULTUREFair treatment of customers should be embedded throughout our business, including within our sales, finance, administration and aftersales processes.OUR VALUESINTEGRITYWe aim to act ethically, responsibly and transparently in our dealings with customers.SERVICEWe continually seek to improve the quality of the service we provide and the experience of our customers.LEADERSHIPWe aim to improve our business continually, adopt better ways of working and maintain high professional standards.COMMITMENTWe invest in our people, training and processes to ensure our team can provide a consistently high standard of customer service.DMC Auto Birmingham is committed to continually improving its services and developing long-term, professional relationships with its customers.