Cancellation Terms and Conditions

In line with FairSquare’s brand values, and in particular achieving fairness to our customers, suppliers and ourselves, we offer our customers the following cancellation provisions.

The exact form of your cancellation rights depends on how you are purchasing the vehicle, and what rights you have under the terms of your finance agreement that you enter into. The two types of cancellation terms that are available are set out below and differ depending on whether you take out a Personal Credit agreement compared to taking out a PCP or HP Finance agreement to purchase your car.

Personal Credit Purchases

Where you are purchasing the vehicle from FairSquare (i.e. any finance agreement that you enter into is not a personal contract plan (PCP) or a hire-purchase (HP) agreement) then as long as you are acting as a consumer (i.e. you are acting for purposes which are wholly or mainly outside your trade, business, craft or profession) you have a right to cancel the contract for the supply of the vehicle under the provisions of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Set out below is information about that right of cancellation.

Right to Cancel

You have the right to cancel your contract for the purchase of the vehicle within 14 days without giving any reason.

The cancellation period will expire after 14 days from the day on which you take delivery and physical possession of the vehicle.

To exercise the right to cancel, you must inform us by writing to us at FairSquare Europe Limited, 3rd Floor, 3 Brindley Place, Birmingham, B1 2JB, telephone on 0345 0030008 or by email to us at customerservices@fairsquare.com notifying us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or email). You may use the attached model cancellation form, but it is not obligatory. We will communicate to you an acknowledgement of receipt of such a cancellation by e-mail without delay.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

 

Effects of cancellation

If you cancel this contract, we will reimburse to you all payments received from you, excluding delivery costs.

However, we may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.

Such handling is anything other than what is necessary to establish the nature, characteristics and functioning of the goods.

We will make the reimbursement without undue delay, and not later than-

(a) 14 days after the day we receive back from you the vehicle, or

(b) (if earlier) 14 days after the day you provide evidence that you have returned the vehicle, or

(c) if there was no vehicle supplied, 14 days after the day on which we are informed about your decision to cancel this contract.

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

We will collect the goods and you shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. We will bear the cost of you returning the goods to us provided that they are made available for us to collect at the same address to which delivery was made. Otherwise we may charge for the cost of collection from any other location.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

 

Hire Purchase or PCP finance agreement purchases

If you are financing the purchase of the vehicle by means of a personal contract plan or a hire-purchase agreement, then you can cancel your contract with us within 14 days from the day on which you take delivery and physical possession of the vehicle.

To exercise the right to cancel, you must inform us by writing to us at FairSquare Europe Limited, 3rd Floor, 3 Brindley Place, Birmingham, B1 2JB, telephone on 0345 0030008 or by email to us at customerservices@fairsquare.com notifying us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or email). You may use the attached model cancellation form, but it is not obligatory. We will communicate to you an acknowledgement of receipt of such a cancellation by e-mail without delay.

  1. If you are entering into a personal contract plan or a hire-purchase agreement, then you are purchasing the vehicle from the finance company. Your agreement with the finance company will contain details about your right to withdraw from that finance agreement. Whilst this does not necessarily allow you to return your vehicle, some finance companies will give you this right. You should consider your finance agreement carefully as to what rights you have under that finance agreement. If your finance company will allow you to withdraw from your finance agreement by returning the vehicle, then if you want to cancel you should exercise this right. Subject to paragraphs 3 to 5 below if this right is exercised within 14 days of you taking delivery of the vehicle FairSquare will pay on your behalf any finance charges that you have to pay in order to withdraw.
  2. In addition to your right to withdraw given by your finance company if you are acting as a consumer (i.e. you are acting for purposes which are wholly or mainly outside your trade, business, craft or profession) then FairSquare will give you following additional rights:
    1. If you have the right to withdraw from your finance agreement, but your finance company will not let you return the vehicle to them, then subject to paragraphs 3 to 5 below if this right is exercised within 14 days of you taking delivery of the vehicle FairSquare will pay the finance company the amount of credit on your behalf, together with any finance charges, to allow you to withdraw. You must then return the vehicle to FairSquare under paragraph 5 below;
    2. If you are too late to withdraw from your finance agreement, but no more than 14 days have passed from the day that you took delivery of the vehicle then subject to paragraphs 3 to 5 below FairSquare will pay the finance company to settle the finance agreement on your behalf. You must then return the vehicle to FairSquare under paragraph 5 below.
  1. You cannot exercise your rights under paragraph 1 or 2 above, and FairSquare will not pay any sum under paragraph 1 or 2, unless
    1. you have driven no more than 200 miles in the vehicle;
    2. to the extent that the vehicle is not returned in the same condition as when it was delivered to you;
    3. you have provided notice to FairSquare within 14 days of taking delivery of the vehicle.
  1. If paragraph 1 or 2 applies, then:
    1. FairSquare will contact you to arrange for collection of the vehicle. We will bear the cost of returning the goods provided that they are made available for us to collect at the same address to which delivery was made. Otherwise we may charge for the cost of collection from any other location.
    2. Until the vehicle is returned to FairSquare risk in the vehicle remains with you. This means that if the vehicle is damaged you must pay for that damage. You must keep the vehicle insured until it is collected;
    3. Upon collection of the vehicle FairSquare will examine the condition of the vehicle, to ensure that the vehicle is in the same condition as when it was delivered to you (fair wear and tear excepted) and has not driven more than 200 miles and is in compliance with clause 3 above. If the vehicle does not comply with Clause 3 above, FairSquare may reject your cancelation request or they may accept at FairSquare sole discretion, if the condition of the vehicle is not the same as when it was delivered to you then FairSquare may deduct the cost of repairing the damage or the difference in value of the vehicle (whichever is lower, as reasonably assessed by FairSquare) from the amount of your deposit for the vehicle;
    4. FairSquare will refund to you your deposit for the vehicle within 14 days of collection of the vehicle, less any deduction pursuant to (c) above.
    5. If FairSquare reject your right to cancel as per (c) above, you will bear the cost of redelivery to your home address.
    6. Once FairSquare has agreed and confirmed your vehicle complies with clause 3 above and made payment to the finance company ownership (title) in the vehicle will pass from the finance company to you. Immediately after it does so ownership (title) will then transfer immediately from you to FairSquare, so that FairSquare then owns the vehicle;
  1. If FairSquare makes a payment under paragraph 1 or2 above and subsequently discovers that the conditions in paragraph 3 above were not satisfied, then you must either, at FairSquare’s election:
    1. Pay to FairSquare a sum equal to any payments made by FairSquare under paragraph 1 or 2, and any deposit returned under paragraph 5, at which point FairSquare will return the vehicle to you and you will then own it;
    2. Invoice you for the amount of the loss that FairSquare has suffered as a consequence, which you must pay within 7 days of receipt of that invoice.

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Legal disclaimer: FairSquare Europe Limited is a company incorporated in England & Wales (Reg No: 08023305). and having its Registered office address at 3 Brindley Place, Birmingham, B1 2JB. FairSquare Europe Limited is authorised and regulated by the Financial Conduct Authority for credit-related regulated activities, Firm Reference Number 715086

We act as a credit broker not a lender. Fairsquare shall act independently in sourcing credit from our panel of funders.

As a credit intermediary, we maintain a panel of Lenders who are reputable and experienced in the motor finance industry and consumer credit sector and offer products and services to suit a variety of credit strengths.

FairSquare is committed to ensuring that applications for credit to finance your car are placed with the most appropriate funder for a transaction. As we act as a credit broker, we will receive a fixed commission for introducing you to a finance provider, any such amount a lender pays us will not affect the interest rate you pay under your finance agreement, all of which are set by the lender concerned.

Finance is subject to status. Applicants must be 18 or over.