SYNERGY AUTOMOTIVE LTD TRADING AS SYNERGY CAR LEASING TERMS OF BUSINESS 

1. THESE TERMS
1.1 These Terms are the terms and conditions under which we will use the information you provide us to try and source you a suitable vehicle and provide you with options for financing the vehicle if you ask us to do so (the “Services”). Our Services are described in more detail in our initial disclosure document.
1.2 These Terms do not cover the actual leasing of the vehicle to you or the provision of financing – this will be dealt with under a separate hire agreement and these Terms are only intended to cover our provision of the Services described in section 1.1 above.
1.3 Normally we act as a credit broker, not a funder. Where we are acting as a funder, this will be made clear to you before you sign any hire agreement.
1.4 Please read these Terms carefully before you purchase Services from us. These Terms tell you who we are, how we will provide the Services to you, how you and we may change or end the Contract, what to do if there is a problem with your order and other important information.
1.5 These Terms shall apply whether you are purchasing from us as a Consumer or a Business Customer (as defined below). If you are purchasing from us as a Consumer, you will have certain different rights under these Terms than our Business Customers. Where certain provisions apply only to either Consumers or Business Customers, this is clearly stated.

2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 We are Synergy Automotive Limited (trading as Synergy Car Leasing), a company registered in England and Wales. Our company registration number is 06015644 and our registered office is at 140 Aldergate Street, London, United Kingdom EC1A 4HY. Our trading address is 12A Hornbeam Park Oval, Hornbeam Park, Harrogate HG2 8RB.
2.2 We are authorised and regulated by the Financial Conduct Authority (“FCA”). Our FCA registration number is 660618. You can check this on the FCA Register by visiting the FCA website at: www.fca.org.uk or by calling them on 0800 111 6768.
2.3 You can contact us by calling us at 01423 228 280 or by writing to us at 12A Hornbeam Park Oval, Hornbeam Park, Harrogate HG2 8RB or by emailing us at [email protected].
2.4 If we have to contact you, we will do so by telephone, SMS or email at the telephone number or email address you provide us. It is not often that we will need to contact you by post but if we are required to do so (i.e. to provide documents to you in hard copy), we will use the postal address you provide to us.

3. TERMINOLOGY
3.1 We may use the following terminology in these Terms, which will have the following meaning:
(a) “we”, “us”, “our” means Synergy Automotive Limited.
(b) “you”, “your” means the Consumer or Business Customer purchasing Services from Synergy Automotive Limited.
(c) “Business Customer” means anyone who is purchasing our Services wholly or mainly for use in connection with their trade, business, craft or profession, whether or not our Services to you are Regulated Services or Unregulated Services and even if you are an individual.
(d) “Consumer” means anyone purchasing Services from us who is an individual and is purchasing the Services from us wholly or mainly for personal use (not for use in connection with their trade, business, craft or profession), whether or not our Services to you are Regulated Services or Unregulated Services.
(e) “Contract” means the contract between you and us for the provision, by us, of the Services described in these Terms.
(f) “IDD” means our Initial Disclosure Document [which is available at: ].
(g) “Regulated Services” as defined in the IDD.
(h) “Services” is as described in section 1.1.
(i) “Terms” means these terms and conditions.
3.2 When we use the words “writing” and “written” in these Terms, this includes email.

Sections 3.3 and 3.4 apply to Business Customer only
3.3 These Terms apply to the provision of the Services by us, to you, to the exclusion of any other terms and conditions that you may seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
3.4 These Terms constitute the entire agreement between us in relation to the provision of the Services, by us, to you. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these Terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms.

4. OUR CONTRACT WITH YOU
4.1 When you make an enquiry with us regarding our Services, we will provide you with a written quotation. If you come back to us and confirm that our quotation is acceptable, you are making an order to purchase our Services. Our acceptance of your order will take place when we email you to accept it and we send you a vehicle order form, at which point a contract will come into existence between you and us ("the Contract”) and these Terms will become legally binding on you and us.

4.2 If we are unable to accept your order, we will inform you of this and will not charge you for our Services. There are various reasons why we might be unable to accept your order, including if you do not pass our ID checks, if you do not pass a finance providers credit checks or if the vehicle you want is no longer available. However, we are free at our sole discretion to accept or reject any order that you place with us.

5. OUR SERVICES
5.1 Although we will use our reasonable endeavours to find you a suitable vehicle and financing arrangement, we do not guarantee that we will be able to do so and will not be liable to you in any way for our failure to do so.
5.2 The fee payable to us under these Terms, for the Services, is to cover our time and administrative costs in searching for a vehicle and for financing options. You will not be entitled to a refund, nor will we be liable to you in any other way, if we are unable to find a vehicle which meets your requirements or find a suitable financing option for you. However, we may offer a refund if we find you a vehicle which then becomes unavailable (and you do not want a different vehicle) or you do not pass the finance provider checks.
5.3 If you believe there is a problem with our Services, you may have certain rights and these are set out in section 9.
5.4 We will search for, and provide you with options of, vehicles and financing arrangements which we believe meet the specifications you provide to us. However, it is your responsibility to decide whether the options put forward by us do in fact meet your requirements.

6. HOW WE EARN OUR COMMISSION
6.1 The financing quotes we obtain from third party providers and present to our clients are provided by carefully selected finance and vehicle supply partners. We will receive a commission payment from the parties involved in the transaction should you decide to enter into an agreement with them.
6.2 We are paid a commission which may be pre-set but can vary by finance provider, and may affect the amount payable by you and the amount of the vehicle’s monthly rental. 
6.3 If you are a regulated customer (private individual, sole trader or small partnership with 2-3 partners), and before the finance agreement is set live, you have the right to request the disclosure of any applicable commission we earn on your finance agreement.
6.4 To request this, please email [email protected], call us on 0333 920 1545 or you can write to us at: Synergy Car Leasing, Hornbeam Park Oval, Hornbeam Park, Harrogate HG2 8RB.

7. WHEN AND HOW WE CHARGE YOU
7.1 The amount payable by you in respect of our vehicle sourcing fee will be stated in the quotation we send to you when we receive your enquiry, so it is clearly identified to you prior to any commitment by you to purchase our Services.
7.2 When we send you our vehicle order form on acceptance of your order, we will also send you a payment link so that you can make payment of our vehicle sourcing fee (and if you are a Business Customer, shall also provide you with an invoice). The vehicle sourcing fee is the fee payable by you, to us, in consideration of us providing the Services to you.
7.3 Where you wish to engage us to provide any additional services to you, such as extension of a current financing agreement, we may charge you an additional fee. Again, this will be clearly identified to you prior to any commitment by you to purchase any additional services from us.
7.4 If you are required by a third party finance provider or vehicle supplier to pay a holding deposit to secure a vehicle, we may require you to pay before we are able to order your vehicle.
7.5 If the rate of VAT changes at any time during which we are providing the Services to you, we will adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.

Section 7.6 . applies to Business Customer only
7.6 If you are a Business Customer, you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

Section 8 applies to Consumers only

8. YOU MAY HAVE A RIGHT TO CHANGE YOUR MIND IF YOU ARE A CONSUMER
8.1 If you are a Consumer and you have purchased our Services, you have a legal right to change your mind about your purchase and receive a refund of what you paid for it. This is subject to some conditions, as set out below.
8.2 The deadline for changing your mind. If you change your mind about purchasing our Services, you have 14 days from the date that we send you your vehicle order form. Please not that this deadline applies to our brokerage services only and the terms on which you can cancel an order for purchasing a vehicle and/or any finance arrangements will be set out in a separate agreement that will be provided to you before you chose to purchase the vehicle and/or enter the finance arrangement.
8.3 How to let us know. You can let us know you want to change your mind by telephoning us at 01423 228 280 or by writing to us at 12A Hornbeam Park Oval, Hornbeam Park, Harrogate HG2 8RB or by emailing us at [email protected].
8.4 When you can’t change your mind. You can’t change your mind about an order to purchase our Services once those Services have been completed.
8.5 You have to pay for any Services you receive before you change your mind. We will not refund you for any Services we have already provided to you before you told us that you had changed your mind.
8.6 When you change your mind about purchasing our Services, we will refund you for any Services that you have not already received by no later than 14 days from the date you tell us that you have changed your mind. We will refund you by the method you used to make payment. We don’t charge a fee for the refund.

9. YOUR RIGHTS IF THERE IS SOMETHING WRONG WITH OUR SERVICES
9.1 If you think there is an issue with our Services, you must contact your Account Manager or our Customer Services Team. This can be done by telephoning us at 01423 228 280 or by writing to us at 12A Hornbeam Park Oval, Hornbeam Park, Harrogate HG2 8RB or by emailing us at [email protected]

Section 9.2 applies to Consumers only
9.2 Your rights and remedies if you are a Consumer. We honour our legal duty to consumers to provide our Services with reasonable skill and care and we extend that duty to all Consumers who purchase Services from us.
The Consumer Rights Act 2015 says that if you are a consumer purchasing services, you have the following legal rights:
(a) You can ask us to repeat or fix a service if it is not carried out with reasonable skill and care, or get some money back if we can’t fix it.
(b) If a time hasn’t been agreed upfront, it must be carried out within a reasonable time.
These rights are subject to certain exceptions. For detailed information, please visit the Citizens Advice website www.citizensadvice.org.uk. Remember too that you have several options for resolving disputes with us, as set out in section 15.

10. WE CAN CHANGE OUR SERVICES AND THESE TERMS
10.1 Changes we can always make. We can always change a Service:
(a) to reflect changes in relevant law and regulatory requirements; and
(b) to make minor adjustments and improvements to the way we provide our Services, for example changing a system we use in order to address a security threat. These are changes that won’t affect your use of the Services.
10.2 Changes we can only make if we give you notice and an option to terminate. If we wish to make any other changes to our Services, or make a change to these Terms, we will notify you and you can contact us to end the Contract before the change takes effect, and receive a refund for any Services you have paid for in advance but have not yet received. This can be done by telephoning our Client Services Team at 01423 228 280 or by writing to us at 12A Hornbeam Park Oval, Hornbeam Park, Harrogate HG2 8RB or by emailing us at [email protected]  

11. WE CAN WITHDRAW SERVICES
11.1 We can stop providing our Services are any time. We will let you know at least 14 days in advance and refund you any sums you’ve paid in advance for Services which won’t be provided.

12. WE CAN END OUR CONTRACT WITH YOU
12.1 We can end our Contract with you and claim any compensation due to us if:
(a) you don’t make any payment to us when its due and you still don’t make payment within 7 days of us reminding you that payment is due;
(b) you don’t within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide our Services.

13. OUR LIABILITY TO YOU
Section 13.1 applies to Consumers only

13.1 We don’t compensate you for all losses caused by us or our Services. If you are a Consumer, we are responsible for losses you suffer caused by us breaking a Contract unless the loss is:
(a) Unexpected, i.e. it was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
(b) caused by a delaying event outside our control. As long as we have taken the steps set out in the section, we're not responsible for any delays outside of our control.
(c) avoidable. Something you could have avoided by taking reasonable action.
(d) a business loss. Our liability for any loss you suffer in connection with your trade, craft or profession is limited as described in section 13.2 (Our liability to Business Customers).
Section 13.2 applies to Business Customer only
13.2 If you are a Business Customer then, except in respect of the losses described in section 13.3 which we never limit or exclude:
(a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any Contract between us; and
(b) our total liability to you for all other losses arising under or in connection with any Contract between us, whether in contract, tort (including negligence), breach of statutory duty or otherwise shall be limited to the total fees paid by you, to us, under or in accordance with this agreement.
13.3 There are some losses that we never limit or exclude. Nothing in these Terms shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982; or
(d) any other matter in respect of which it would be unlawful for us to exclude or restrict liability.

14. OUR USE OF YOUR PERSONAL DATA
14.1 How we use any personal data you give us is set out in our Privacy Notice: https://www.synergycarleasing.co.uk/cookie-privacy-policy/.

15. YOUR OPTIONS FOR RESOLVING DISPUTES WITH US
15.1 Our complaints policy. We will do our best to resolve any problems you have with us or our Services as per our Complaints Handling Process: https://www.synergycarleasing.co.uk/complaints/15.2 Raise a complaint. You can raise a complaint either with your Account Manager or by emailing [email protected].

Section 15.3 applies to Consumers only
15.3 Resolving disputes without going to court. Alternative dispute resolution is an optional process where an independent body considers the facts of the dispute and seeks to resolve it, without you having to go to court. You may be eligible to refer your complaint to the Financial Ombudsman Service and the British Vehicle Rental & Leasing Association. Details of how to do this are available in our Complaints Policy:
https://www.synergycarleasing.co.uk/complaints/.

15.4 You can go to court. These Terms are governed by English law. If you are a Consumer then, wherever you live, you can bring claims against us in the English Courts and if you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. If you are a Business Customer, you irrevocably agree to submit all disputes arising out of or in connection with our Contract with you to the exclusive jurisdiction of the English Courts.

16. OTHER IMPORTANT TERMS WHICH APPLY TO OUR CONTRACT
16.1 We may transfer our Contract with you, so that a different organisation is responsible for supplying the Services to you. We’ll tell you in writing if this happens and, if you are a Consumer, we’ll ensure that the transfer won’t affect your rights under the Contract.
16.2 You can only transfer your Contract with us to someone else if we agree to this in writing.
16.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms and neither of us will need to ask anybody else to sign-off on ending or changing it.
16.4 If a court or other authority decides that some of these Terms are unlawful, the rest will continue to apply.
16.5 Even if we delay in enforcing the Contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you are not allowed to, but that doesn’t mean we can’t do it later.