Returns & Refunds

Vehicle Returns and Refunds Policy

1. Introduction

HMC is a specialist used-vehicle retailer based in Chesham, Buckinghamshire, supplying vehicles to customers locally and throughout the United Kingdom.

We do not operate a general change-of-mind returns or vehicle-exchange scheme.

This policy explains how HMC deals with concerns relating to faulty or misdescribed vehicles and, where applicable, statutory cancellation rights for qualifying distance or off-premises contracts.

Nothing in this policy excludes, restricts or replaces a customer’s statutory rights.

2. Used vehicles

All vehicles sold by HMC are used vehicles and are not expected to have the same condition, appearance or remaining component life as a new vehicle.

When assessing whether a used vehicle is of satisfactory quality, relevant considerations may include:

its age
recorded mileage
purchase price
description
service and maintenance history
condition at the point of sale
information disclosed before purchase
andwhat a reasonable person would expect from a comparable used vehicle.

Reasonable age-related wear, cosmetic deterioration, routine servicing requirements and components that wear through normal use do not automatically mean that a vehicle was faulty at the time of sale.

Each concern will be assessed fairly and individually.

3. No general change-of-mind returns

HMC does not accept the return of a vehicle merely because the customer:

has changed their mind
no longer wants or requires the vehicle
has found another vehicle
dislikes a characteristic that was apparent or disclosed before purchase
is unable to obtain insurance, finance or another service after the purchase
experiences buyer’s remorse
or decides that the vehicle is unsuitable for reasons not disclosed to HMC before purchase.

This applies particularly where the customer inspected or had the opportunity to inspect the vehicle and the purchase contract was completed at HMC’s premises.

This section does not affect any statutory rights that may arise where a vehicle is faulty, misdescribed or otherwise fails to conform to the purchase contract.

4. Reporting a vehicle concern

Customers experiencing a problem must contact HMC as soon as reasonably possible:

HMC

Telephone: 01895 814 814

Please provide:

the customer’s full name
vehicle registration number
purchase or delivery date
current recorded mileage
a clear description of the symptoms
details of any warning lights or dashboard messages
the circumstances in which the issue occurred
relevant photographs or videos
and copies of any diagnostic reports or other supporting documents.

Prompt notification helps HMC investigate the concern, prevent further damage and arrange the most appropriate inspection or repair route.

Reporting a concern, obtaining a diagnostic code or receiving a repair estimate does not by itself establish that the vehicle was faulty at the point of sale.

Diagnostic codes, advisories and repair recommendations will be considered as part of the available evidence, together with the vehicle’s symptoms, condition and any further inspection or diagnosis.

5. Inspection and diagnosis

HMC must be given a reasonable opportunity to inspect and assess any reported concern.

Depending on the nature of the issue and the customer’s location, HMC may arrange or authorise:

inspection at HMC or its nominated workshop
inspection by an approved repairer near the customer
diagnosis or repair through Händler Protect
specialist investigation
vehicle recovery where reasonably necessary
or another suitable arrangement.

The customer must make the vehicle reasonably available and cooperate with appropriate inspection, diagnosis and repair arrangements.

Further investigation or dismantling may sometimes be necessary before the cause, extent and responsibility for a reported problem can be established.

HMC’s request to inspect a vehicle does not remove any statutory right the customer may have. It allows HMC to verify the reported concern and determine the appropriate response.

6. Repairs by third parties

Customers must not instruct a third party to dismantle, repair or replace components at HMC’s expense without first obtaining HMC’s written authorisation.

HMC will not normally reimburse unauthorised:

repairs
replacement components
diagnostic charges
recovery charges
storage fees
vehicle-hire charges
or other expenditure.

This does not prevent a customer from taking reasonable emergency action where immediately necessary to protect personal safety or prevent serious further damage.

In an emergency, the customer should:

contact HMC as soon as possible
retain all invoices and reports
take photographs where appropriate
ask the repairer to preserve removed components
and avoid authorising work beyond what is reasonably necessary.

Nothing in this section excludes an expense that HMC is legally required to meet.

7. Preventing further damage

Customers are responsible for taking reasonable care of the vehicle and acting appropriately when a fault or warning occurs.

The vehicle should not continue to be driven where:

a red warning light is displayed
the engine is overheating
there is a significant oil, coolant or fuel leak
braking or steering appears unsafe
serious abnormal mechanical noise is present
the vehicle has entered a restricted or emergency operating mode
or the customer has been advised that continued driving may be unsafe or cause further damage.

The customer should stop safely and contact HMC, their recovery provider or Händler Protect as appropriate.

HMC will not normally be responsible for additional damage caused by:

continued driving after a serious warning
misuse
neglect
accident damage
incorrect fuel or fluids
unauthorised modifications
failure to maintain the vehicle
failure to follow reasonable instructions
or unreasonable delay in reporting an issue.

Responsibility will always be considered according to the evidence and applicable law.

8. Handler Protect repair support

Where a vehicle is supplied with a Händler Protect repair plan, the plan provides an additional route through which diagnosis and authorised repairs may be arranged, particularly for customers living some distance from HMC.

Customers should notify HMC first. HMC may also ask the customer to contact:

Handler Protect Repair Reimbursement Department

Telephone: 0800 044 3131

Email: [email protected]

No repair should begin under the repair plan until the required authorisation has been obtained.

The repair plan is an additional customer benefit. It does not replace HMC’s legal responsibilities and does not affect the customer’s statutory rights.

A repair being excluded, limited or declined under the repair plan does not automatically determine whether the customer has a separate statutory remedy against HMC.

HMC remains available to assist customers and coordinate an appropriate inspection or repair route.

9. Faulty or misdescribed vehicles

A customer may have statutory remedies where a vehicle:

is not of satisfactory quality
is not fit for a particular purpose made known and accepted before purchase
does not match its description
or otherwise fails to conform to the purchase contract.

The remedy available will depend on the circumstances and applicable law. It may include:

repair
replacement where reasonable and available
price reduction
the short-term right to reject
or the final right to reject.

A reported defect does not automatically entitle the customer to select any remedy they prefer. The applicable remedy depends on factors including when the issue was reported, the nature and seriousness of the problem and whether an appropriate repair or replacement remedy has already been provided.

Where the law provides HMC with an opportunity to repair or replace the vehicle, the customer must reasonably cooperate with that process.

10. Qualifying distance and off-premises contracts

A purchase is not automatically a distance contract merely because:

the vehicle was advertised online
telephone or email discussions took place
a reservation payment was made remotely
finance was discussed or arranged remotely
or delivery was requested.

Whether a transaction qualifies as a distance or off-premises contract depends on how and where the binding purchase contract was concluded.

Where the complete transaction legally qualifies as a distance or off-premises contract, the customer may have a statutory right to cancel within 14 days after taking physical possession of the vehicle.

The customer must provide HMC with a clear notice of cancellation within the applicable period.

For a cancellation that is solely a change of mind and does not concern a faulty or misdescribed vehicle:

the customer must keep the vehicle safe, insured and road legal
the vehicle must not be used beyond what is reasonably necessary to establish its nature, characteristics and functioning
the customer may be responsible for the direct cost of returning the vehicle where this was disclosed before the contract and is permitted by law
and HMC may make a lawful deduction for any reduction in value caused by excessive handling or use.

Additional mileage, damage, deterioration, missing items, commercial use, alterations or use beyond what was reasonably necessary may reduce the vehicle’s value.

These provisions do not apply in the same manner to every faulty-vehicle rejection. The legal basis of the return will be considered separately.

11. Returning a vehicle

A customer must not deliver, transport or abandon a vehicle at HMC or any associated workshop without prior arrangement.

Where a return has been accepted, agreed or legally established, HMC will provide appropriate return or collection instructions.

Until the vehicle is collected or returned, the customer must:

take reasonable care of it
keep it properly insured
ensure it is stored securely
avoid unnecessary use
prevent avoidable deterioration
and preserve all items supplied with it.

The vehicle must be returned with all items supplied as part of the transaction, including where applicable:

all keys
V5C or registration documents held by the customer
service records
manuals
locking-wheel-nut key
charging cables
parcel shelves
removable accessories
security devices
and any other equipment included in the sale.

12. Return costs and charges

HMC does not impose an automatic administration, handling or restocking fee where a customer validly exercises a statutory right to reject a faulty vehicle.

HMC may, where legally permitted, seek payment or make an appropriate deduction for:

damage caused after delivery
missing keys, documents or accessories
unauthorised modifications
misuse or neglect
avoidable damage caused by continued driving
excessive use in connection with a qualifying distance-sale cancellation
reduction in value caused by handling beyond what was reasonably necessary
or use of the vehicle where the applicable legislation permits a deduction for use.

Any deduction will be considered individually, supported by reasonable evidence and applied only where legally permitted.

HMC will not use a deduction or charge to remove or restrict a customer’s statutory rights.

13. Recovery, storage and consequential expenses

Customers should obtain HMC’s written approval before incurring costs that they expect HMC to pay, including:

vehicle recovery
storage
third-party diagnosis
repairs
replacement transport
vehicle hire
taxis
accommodation
or other consequential expenses.HMC will consider any claim for reasonable and legally recoverable losses based on the individual facts.

Customers are expected to take reasonable steps to minimise avoidable losses and expenses.

14. Exchanges

HMC does not operate a general vehicle-exchange scheme.

Used vehicles are individual products with different ages, mileages, specifications, values and conditions. A replacement vehicle therefore cannot be guaranteed.

Where a vehicle fails to conform to the contract, HMC will consider the statutory remedy that applies to the circumstances.