1. Definitions


“Seller” “we” “us” means A.M Capurro & Sons Limited


“Buyer” “you” “your” means the buyer/purchaser of the vehicle


2. Introduction


These Conditions shall set out the terms and conditions on which you may purchase a vehicle from us. Please ensure you read through these Conditions carefully before you complete any order of a vehicle, this is a crucial part of the order process.


These Conditions have been drafted with you in mind and although we have tried our utmost to keep these Conditions easy to read, we understand that may be certain terms or conditions herein which you may not fully understand. If this is the case, please do not hesitate to contact us further on:


sales@capurro.gi


+200 75149


Please note that any purchase made in accordance with these Conditions may be subject to satisfactory completion of any verification process introduced by us from time to time which may include checks such as ‘know your customer’ or other relevant credit checks.


3. Assumptions


For the purposes of these Conditions, it is assumed that you are:


a) capable of forming a contract;


b) that all the details provided to us are true, correct and up to date; and


c) that you are not a corporation or person, or acting on behalf of any corporation or person designated on any sanctions list imposed by the UN, EU, United Kingdom or US.


4. General information and how to contact us.


We are A.M Capurro & Sons Limited a company registered in Gibraltar with company number 00226.


Our registered address is situated at 20 Line Wall Road, Gibraltar, GX111AA which is also the address to our showrooms.


We are the authorised dealers in Gibraltar for Jaguar Land Rover.


Our opening times are Monday – Friday (08:30 – 17:30).


We can be contacted on the following websites:


www.landrover.gi


www.jaguar.gi


5. Reserving your vehicle


You may reserve a vehicle from us either online, through our dedicated websites or in person at our showroom located at 20 Line Wall Road Gibraltar (the “Order”).


To complete your reservation, you will need to read and accept these Conditions.


No reservation is complete until you have paid the required deposit.


6. Deposit


Payment of deposits are compulsory when purchasing a vehicle from us. The deposit required to be paid is 10% of the value of the vehicle (“Deposit”)


Payment of a Deposit can be made either in person at showroom or online.


Upon successful payment of the required Deposit, the car shall be reserved for you. We reserve the right to reserve vehicles for you prior to the full payment of the Deposit.


Once a Deposit is paid by you and we confirm acceptance of the Order, you will be bound to the vehicle in question, notwithstanding that we reserve the right to allow a Deposit to be transferred to a different vehicle upon our discretion.


Deposits, once paid, shall be non-refundable unless otherwise indicated herein or under any relevant law enforceable in Gibraltar from time to time.


7. Binding contract


We will have a binding contract (incorporating these Conditions) with you, once we confirm to you by email that we accept your Order (the “Order Confirmation”).


We may reject your order, even after Order Confirmation is given, where, for example, a product becomes unexpectedly out of stock, where there are significant delays which are out of our control or due to unsatisfactory credit checks or because we cannot verify your identity or have lost contact with you.


8. Final payment


We shall require the remaining 90% of the value of the vehicle to be paid no later than 30 days after the Order Confirmation has been provided to you in writing (“Final Payment”).


Payment can be made in any of the usual accepted methods or any other method agreed by the parties hereto.


Failure to pay the Final Payment within 30 days of the Order Confirmation shall give us the right to cancel your order, further details of which can be found below (Cancelling your order).


No payment shall be treated as made until we have received it in cleared funds and no vehicle will be delivered or collected by you until we receive payment in full.


9. Price of the vehicle


You will be provided with information regarding the price of the vehicle either online or in our showroom. Prices given both online and in our showroom shall be inclusive of any taxes payable, unless otherwise indicated.


10. Finance options (if applicable)


Notwithstanding the foregoing provisions, you may have your vehicle financed through AMC Credit Limited (“Finance Company”). In such cases, subject to finance being approved and upon us receiving payment from the Finance Company, the vehicle will be delivered to the Finance Company (you will receive the car from the Finance Company in accordance with any loan agreement you may have with the Finance Company).


You shall notify us of your intention to seek finance at the commencement and prior to the payment of the Deposit.


The Finance Company details can be found on their website below:


http://www.amccredit.gi/


In the event of you deciding to have your vehicle financed through the Finance Company, the contract between us will be terminated (without any further notice) and your contract with the Finance Company shall continue.


11. Part exchange (if applicable)


You may wish to part-exchange your previous vehicle (“Part Exchange Vehicle”) in order to off-set the difference offered toward your new vehicle. In such circumstances, you will be asked to visit us with your Part Exchange Vehicle so that our professionals may offer an indication of the part exchange valuation and as such, the equity in your Part Exchange Vehicle.


The indicative part exchange value is not binding until our professionals have inspected the vehicle fully and confirmed in writing the amount of equity which it holds.


In such cases, the value given for the Part Exchange Vehicle (if accepted), shall be discounted from the remaining amount payable on the new vehicle and upon delivery/collection of the new vehicle, ownership of the Part Exchange Vehicle shall cease to be in your name and shall be transferred to us. We reserve the right to request that the transfer occur prior to the delivery/collection of the new vehicle.


12. Delivery of the vehicle


We understand that you will likely wish to collect your vehicle once it is ready, despite this, we are also able to deliver vehicles, subject to this being requested beforehand. We reserve the right to charge an extra fee for delivery of the vehicle in Gibraltar.


Upon delivery of the vehicle you should inspect them thoroughly and ensure that they are free from defects or damage. If you find that they are defective or damaged, you should let us know immediately, we will then offer a repair, exchange or refund, as appropriate, in accordance with your legal rights.


13. Collection of the vehicle


We shall notify you with the contact details you have provided once the vehicle is ready for collection at our showroom.


Upon collection of the vehicle you should inspect them thoroughly and ensure that they are free from defects or damage. If you find that they are defective or damaged, you should let us know immediately, we will then offer a repair, exchange or refund, as appropriate, in accordance with your legal rights.


14. Insurance


It is entirely your obligation to ensure that you take out adequate insurance on your vehicle (unless the Finance Company is used, in which case such arrangements may be made for you).


Despite the above, we may introduce you to our insurance partners, subject to acceptance criteria insurers being met. The details for the insurance company can be found on their website below:


https://www.capurroinsurance.com/


15. Limitation of Liability


We shall not, to the fullest extent permitted by law enforceable in Gibraltar from time to time be liable to the you for any indirect, consequential, special, or punitive damages arising out of or in connection with the purchase of a vehicle, save that we shall not seek to exclude or limit our liability your death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation or for any other liability which cannot be excluded by law.


In any event, our total liability shall be limited to the total purchase price paid by you.


16. Modifying or changing your order


You are free to change your vehicle at any time before you enter into a binding purchase with us or finance arrangements with the Finance Company.


We may from time to time allow modifications to your order after this although it will be at our absolute discretion.


17. Cancellation of your order


When we may cancel:


a) Where we reserve the vehicle before payment of the Deposit and the Deposit is not paid;


b) Where the Deposit is paid but the remaining amount due is not paid within 30 days of the Order Confirmation being given;


c) Where we cannot source the vehicle due to vehicle, parts or other shortages; and/or


d) Where due to matters out of our control we have no alternative but to cancel, for example due to acts of God, flood or fire, earthquake or explosion, war, invasion, hostilities, closed borders or blockades, government orders or law, national or regional emergencies and/or epidemics or pandemics leading to our closure or the closure of factories.


When you may cancel:


a) If purchasing the vehicle in person, you shall be entitled to cancel at any time prior to full payment of the vehicle being made, although any paid Deposit shall not be refundable; and/or


b) If purchasing online (“Distance Sales”) you will be entitled to any such rights of cancellation provided under Gibraltar law from time to time.


You can find out more about your legal right to cancel by contacting the local Citizens Advice Bureau.


18. Title and Ownership


Title and ownership of the vehicle shall pass to you upon full payment of the vehicle purchase price. If finance is sought, title and ownership may remain with the Finance Company until full repayment of the loan sought by you and such agreement shall be subject to you and the Finance Company.


19. Risk


Risk shall automatically pass to you upon delivery/collection of the vehicle and shall no longer lie with us.


20. Warranty


Your vehicle shall also come with warranties as set out in the below links:


https://www.landrover.gi/aftersales/warranty


check to see whether you need to add a separate link for jaguar warranties.


21. General


Any notice required or permitted to be given under these Conditions shall be given in writing by the party giving notice and shall be delivered either by hand at the registered address or personal address of that party or send by registered post. No other address shall be used. In the event that a party to these conditions’ changes address, the other party shall be notified within 5 working days.


The headings under these Conditions are for convenience and ease of reference only and shall not in any way affect their interpretation.


If any provision or part provision of these Conditions is found by the Gibraltar courts or any other authority to be void or unenforceable, that provision or part provision shall be deleted from these Conditions and the remaining provisions or part provisions shall continue in full force and effect.


No waiver by either party of any breach of contract shall be considered as a waiver for any subsequent breach of the same or other provision or part provision of these Conditions.


No obligations under these Conditions shall be assignable to any third party without our prior written consent.


22. Governing law & jurisdiction


The Conditions set out herein shall be governed by Gibraltar law, both parties shall agree to the exclusive jurisdiction of the Gibraltar courts.

Payment of deposits are compulsory when purchasing a vehicle from us.  The deposit required to be paid is 10% of the value of the vehicle (“Deposit”)

Payment of a Deposit can be made either in person at showroom or online.

Upon successful payment of the required Deposit, the car shall be reserved for you. We reserve the right to reserve vehicles for you prior to the full payment of the Deposit.

Once a Deposit is paid by you and we confirm acceptance of the Order, you will be bound to the vehicle in question, notwithstanding that we reserve the right to allow a Deposit to be transferred to a different vehicle upon our discretion.

Deposits, once paid, shall be non-refundable unless otherwise indicated herein or under any relevant law enforceable in Gibraltar from time to time.