1. Introduction
This document sets out the Terms and Conditions governing the sale of vehicles and any associated services provided by the Curated Performance Ltd ("we," "our," or "us"). By purchasing a vehicle from us, the Purchaser ("you") agrees to these Terms and Conditions, which include both the terms of sale and any general conditions applicable to our services. Nothing in these Terms and Conditions affects your statutory rights under the Consumer Rights Act 2015.
2. Formation of the Contract
(a) A contract for the sale of a vehicle is formed when your order is accepted and confirmed by us in writing or electronically, and any required deposit is received.
(b) Deposits paid to secure a vehicle are fully refundable prior to delivery or collection, except in cases where the deposit has been used to secure a special-order vehicle or where costs have been incurred by us on the Purchaser's behalf. In such cases, deductions may be made to cover reasonable expenses. While a deposit secures the vehicle for the Purchaser, ownership of the vehicle does not transfer until the full payment has been received and cleared. This ensures that customers have flexibility in case of unforeseen circumstances or changes before completing the purchase.
(c) Any order is subject to availability and the satisfactory completion of necessary checks, including finance approval where applicable.
3. Documents and Services Provided
As part of the sale, the following documents and services will be provided to you:
At the time of handover, the Purchaser and Curated Performance Ltd will review and sign a checklist confirming the vehicle’s condition, the documents provided, and any agreed extras. Both parties must retain a copy of this checklist for reference.
(a) V5C Registration Document:
The green new keeper slip (Section 10 of the V5C) will be provided at the time of sale. Curated Performance Ltd will notify the DVLA of the change in ownership. You are responsible for taxing and insuring the vehicle before driving it on public roads.
(b) Multi-Point Mechanical and Structural Inspection Report :
A detailed report outlining the condition of the vehicle at the time of sale will be provided. This report is for informational purposes only and does not constitute a warranty.
(c) Warranty:
Vehicles may come with a manufacturer’s warranty or a third-party warranty, depending on the vehicle’s age, mileage, and condition. Warranty terms are governed by the relevant provider’s terms and conditions. Claims or disputes regarding warranties must be directed to the warranty provider. We are not responsible for the administration or enforcement of these warranties.
(d) HPI Check Certificate:
An HPI check certificate will be provided, confirming that the vehicle is free of outstanding finance, has not been recorded as stolen, and has not been written off. We accept no liability for errors or omissions in the HPI report provided by the third-party provider.
(e) MOT Certificate:
Where applicable, a valid MOT certificate will be provided with at least 6 months remaining before the date of handover. If the MOT expires within this period, you are responsible for arranging and covering the cost of the next MOT unless otherwise agreed.
(f) Fuel Provision:
The vehicle will be supplied with at least £20 worth of fuel at the time of handover. The Purchaser is responsible for subsequent refuelling and maintenance needs.
(g) Vehicle Road Readiness:
The vehicle will be sold in roadworthy condition. Routine maintenance and future repairs will be the responsibility of the Purchaser unless covered by a warranty.
(h) Outstanding Manufacturer Recalls:
Curated Performance Ltd will make reasonable efforts to identify and disclose any outstanding manufacturer recalls. Communication of such recalls will be provided via email or phone prior to delivery or collection, ensuring transparency with the Purchaser. The Purchaser acknowledges responsibility for addressing these recalls unless otherwise agreed.
4. Price and Payment
(a) The total price of the vehicle, including VAT (where applicable), along with any additional agreed extras, must be paid in full before the vehicle will be released for collection or delivery unless otherwise agreed in writing.
(b) Payments can be made by bank transfer, debit card, or other approved methods.
(c) An administrative fee of £249 is applied to all vehicle sales. This fee covers the costs of processing the sale, including arranging new license plates, providing at least £20 of fuel, and other administrative tasks. This fee is non-refundable unless the sale is cancelled under your statutory rights or as agreed in writing.
5. Finance Arrangements
(a) We act as an intermediary for third-party finance providers and may introduce you to one or more providers. The finance agreement is a separate contract between you and the finance provider.
(b) We accept no liability for the terms, administration, or enforcement of any finance agreements. It is your responsibility to review and agree to the finance provider’s terms.
(c) We may receive a commission or other financial incentive from third-party finance providers for introducing you to their services. This commission does not affect the terms of your finance agreement or the price of the vehicle.
Further details about commissions, including the amount or calculation method, can be provided upon written request to info@curated-performance.com. We will respond to such requests within 30 days, provided the request is made within six years of the transaction. This commission does not affect the terms of your finance agreement or the price of the vehicle.
(d) The vehicle remains our property until the finance provider has paid us in full. The Purchaser must comply with all terms and conditions set by the finance provider during this period.
Curated Performance Ltd, FCA Reference 1025308 is an Appointed Representative of Citrus Compliance, Citrus Compliance is a trading name of Andrew Smith which is authorised and regulated by the Financial Conduct Authority FRN 826675.
6. Delivery and Collection
(a) Delivery or collection will occur on the agreed date. If unexpected delays occur beyond our control, we will notify you promptly and provide alternative resolutions where possible. If delays persist for an extended period, you may be offered a revised delivery date or the option to cancel the order with a full refund. If the vehicle is not collected within 14 days of notification that it is ready, we may treat the contract as cancelled. The 14-day notification period includes weekends and holidays unless otherwise specified in writing.
(b) Ownership and risk pass to you upon collection or delivery, provided full payment has been received.
(c) The Purchaser is responsible for arranging suitable insurance for the vehicle prior to driving it on public roads.
7. Ownership and Risk
Ownership of the vehicle transfers to you only when full payment, including any finance settlement, has been received and cleared. The Purchaser is responsible for ensuring suitable insurance is arranged from the point of delivery. Until ownership transfers, the vehicle must not be sold, pledged, or otherwise encumbered.
The Purchaser is responsible for maintaining the vehicle and ensuring compliance with applicable regulations, including insurance requirements, from the time of delivery. This includes the cost and scheduling of regular servicing, repairs, and any necessary maintenance.
8. Warranty Information
(a) Vehicles may include a manufacturer’s warranty or a third party warranty. The terms of these warranties are provided by the relevant provider and will be supplied at the time of sale.
(b) Claims under the warranty must be directed to the provider. We are not liable for any changes to warranty terms or coverage after the sale.
(c) No additional warranty is provided by us beyond your statutory rights under the Consumer Rights Act 2015.
9. Customer Rights and Defects
(a) Under the Consumer Rights Act 2015, you have the right to reject the vehicle, request a repair, replacement, or refund if it does not meet the standards of satisfactory quality, fitness for purpose, or as described, provided the issue existed at the time of sale. Valid reasons include significant mechanical failures, misrepresentation of key details (e.g., mileage), or hidden defects present at the time of sale.
This does not apply to defects arising from misuse, wear and tear (e.g., normal tyre wear), or damage after delivery, such as accidental damage or modifications made by the Purchaser.
(b) Defects must be reported within 30 days of collection for a full refund or within six months for a repair or replacement (see Warranty section).
10. Returns, Refunds, and Cancellation
(a) For distance sales, you have a right to cancel within 14 days of delivery under the Consumer Contracts Regulations 2013. Cancellations are not permitted beyond this period unless required by law, such as in cases of fraud or significant misrepresentation.
(b) Orders may also be cancelled prior to the delivery or collection of the vehicle. Any payments made, including deposits, will be refunded in full to ensure flexibility and customer satisfaction, unless otherwise agreed in writing. This clause also applies to part exchange scenarios, provided the vehicle meets the agreed conditions for acceptance.
(c) You must notify us in writing to exercise your right to cancel and return the vehicle in the same condition as delivered. The return and all associated costs are the Purchaser's sole responsibility unless otherwise agreed. These costs may include transportation fees, inspection charges, and any other administrative expenses related to the return.
(d) Vehicles that have been modified, altered (e.g., changes to engine performance or body structure), or damaged by the Purchaser, or where parts have been replaced (e.g., aftermarket accessories or non-OEM components), will not be accepted for return or refund unless required by law or agreed in writing.
(e) Refunds will be processed within 14 days of receiving the returned vehicle in accordance with these conditions.
11. Exclusions of Liability
We are not liable for:
(a) Losses arising from third-party warranty terms or finance agreements.
(b) Indirect or consequential losses, except where required by law.
(c) Environmental charges, including but not limited to Ultra Low Emission Zone (ULEZ) fees, congestion charges, or similar. The Purchaser is encouraged to verify the vehicle’s compliance with such regulations, including emissions and environmental zone requirements, prior to purchase to avoid disputes. Failure to verify compliance before purchase does not constitute grounds for return or refund. Curated Performance Ltd cannot be held liable for any regulatory compliance issues arising post purchase. Our total liability for any claim arising from the sale of the vehicle, whether in contract, tort, negligence, or otherwise, shall not exceed the total price paid for the vehicle. This limitation does not affect your statutory rights under the Consumer Rights Act 2015. The Purchaser is responsible for ensuring compliance with local regulations before purchase.
12. Force Majeure
We are not liable for delays or non-performance caused by events beyond our reasonable control, such as natural disasters, strikes, government restrictions, pandemics, supply chain disruptions, or transportation delays.
In such cases, we will promptly notify you of the delay and provide updates regarding the estimated time to resolve the issue via email, phone, or post. If the delay persists for an extended period, we will offer alternative solutions where feasible, including rescheduling delivery or, if necessary, providing a full refund. In such cases, we will promptly notify you of the delay and provide updates regarding the estimated time to resolve the issue via email, phone, or post.
13. Notices and Communication
Notices must be sent via email or post to the addresses provided below:
Address: Curated Performance Ltd, 11 Read Place, Bicester,
Oxfordshire, OX25 2BH
Email: info@curated-performance.com
Tel: 01869 208 827
The Purchaser is responsible for ensuring that their contact details are accurate and up to date for all communications related to the Contract.
14. Complaints Procedure
(a) We aim to ensure you are fully satisfied with our products and services. If you are unhappy, please contact us as soon as possible so we can address your concerns. Complaints can initially be raised by contacting us at the details below. Please note that frivolous or unfounded complaints will not be pursued further to maintain an efficient complaints process. We aim to acknowledge all complaints within 48 hours of receipt to ensure prompt resolution:
Address: Curated Performance Ltd, 11 Read Place, Bicester,
Oxfordshire, OX25 2BH
Email: info@curated-performance.com
Tel: 01869 208 827
(b) In the first instance, you should speak to the relevant team member or department to resolve your complaint. If you are not satisfied with the outcome, you may escalate your complaint to our General Manager by email or post.
(c) We aim to resolve most complaints within 72 hours. However, more complex complaints may take longer. We will communicate any delays and keep you informed throughout the process.
(d) Regulated activity complaints: If your complaint is regarding a regulated consumer credit contract and the way you were sold finance, please be aware that as an appointed representative we will forward your complaint to the principal firm Citrus Compliance, who will handle and manage your complaint directly and in accordance with FCA regulations.
The Principal Firm Citrus Compliance can be contacted using the following methods:
Tel: 0800 688 9934
Email: admin@citruscompliance.co.uk
Writing: Citrus Compliance, Watermoor Point, Watermoor Road,
Cirencester, GL7 1LF
What to do if you are not happy with the decision? If you have a regulated consumer credit contract arranged by us and are not satisfied with the final response, you may be eligible to refer the
matter to the Financial Ombudsman, who provide a free, independent service for dealing with unresolved disputes. Please note, The Financial Ombudsman will not consider your
complaint until you have allowed us eight weeks to respond. Financial Ombudsman Service: Contact to the Financial Ombudsman Service (FOS) must be within six months of the final response. In the final response, a copy of the Financial Ombudsman Service’s explanatory leaflet will be provided. We will co-operate fully with the Ombudsman in resolving any complaints made against us and agree to be bound by any awards made by them.
You can contact the financial Ombudsman at the following address:
The Financial Ombudsman
Service Exchange Tower London E14 9SR
Tel: 0800 023 4567 (free for most people from a fixed line) or
0300 123 9123 (cheaper for those calling using a mobile) or 020
7964 0500 (if calling from abroad)
Email: complaint.info@financial-ombudsman.org.uk
Website: www.financial-ombudsman.org.uk
15. Part Exchange Policy
(a) If the Purchaser offers a vehicle as part exchange, the following conditions apply:
1. The Purchaser warrants that:
• They have full legal ownership of the part exchange vehicle, free from any third-party claims or encumbrances.
• The vehicle details provided, including mileage and condition, are accurate and honest.
2. The part exchange vehicle must be delivered in the same condition as at the time of valuation (fair wear and tear excepted). Examples of fair wear and tear include minor scratches, normal tyre wear, and small stone chips, which are typical for vehicles of similar age and mileage.
3. If the part exchange vehicle has outstanding finance, Curated Performance Ltd may settle this amount on the Purchaser’s behalf and adjust the allowance accordingly.
(b) The valuation provided for the part exchange vehicle will remain valid for 14 days from the date of valuation. After this period, the valuation may be subject to change.
(c) If the part exchange vehicle is not delivered in an agreed condition, we reserve the right to adjust the valuation or refuse the part exchange offer.
16. Governing Law
These Terms and Conditions are governed by the laws of England and Wales. Disputes will be subject to the jurisdiction of the English courts. This document provides a comprehensive overview of your rights and obligations when purchasing a vehicle from us.