ORA Online Terms and Conditions
These are the terms and conditions which apply to all Reservations made on the ORA Online Sales Platform (the “Platform“), hosted at https://gwmora.co.uk.
Part 1 contains the Key Terms, Part 2 contains the Platform Terms, Part 3 contains the Purchase/Finance Terms and Part 4 contains the General Terms.
The Platform is made available to you by I.M. NEV Motor Distributors (UK) Limited (“IM NEV“) and enables you to make a “Reservation” or an “enquiry” for our vehicles. We are a company registered in England and Wales under company number 13632636 and with our registered office at The Gate, International Drive, Solihull, B90 4WA, United Kingdom. I.M. Nev Motor Distributors (UK) Limited t/a GWM ORA UK is an introducer appointed representative of ITC Compliance Limited which is authorised and regulated by the Financial Conduct Authority (their registration number is 313486) Permitted activities include advising on and arranging general insurance contracts and acting as a credit broker not a lender. We do not charge fees for our Consumer Credit services. We may receive a payment(s) or other benefits from finance providers should you decide to enter into an agreement with them, typically either a fixed fee or a fixed percentage of the amount you borrow. The payment we receive may vary between finance providers and product types. The payment received does not impact the finance rate offered.
All finance applications are subject to status, terms and conditions apply, UK residents only, 18’s or over, Guarantees may be required.
By using the Platform you are agreeing to be bound by these Terms and Conditions.
We may occasionally update these Terms and Conditions, for example to comply with changes in the law and regulatory requirements or to take account of new Reservation processes, goods or services that we may offer. You should read the latest version of the Terms and Conditions on the Platform whenever you make a Reservation or an enquiry, to ensure you are happy with the Terms & Conditions at the time you make your Reservation. These Terms and Conditions were last updated in August 2022.
Please note that your use of the Platform is also subject to the following:
- our Privacy Notice, which can be found at https://gwmora.co.uk and which sets out how we use any information you provide to us whilst using the Platform;
- our Cookies Policy, which can be found at https://gwmora.co.uk, and which sets out how cookies, web beacons and similar technologies are used by us as you use the Platform; and
If you have any questions about these Terms and Conditions, or wish to contact us for any reason, then please contact us on: firstname.lastname@example.org or call 01285 647700
Part 1 – Key terms
Whilst we (IM NEV) make the Platform available to you, any Reservation or enquiry is between you and your chosen Retailer. No contract for Reservation, sale or finance of a vehicle is made between you and us.
Whilst making a Reservation indicates your interest in purchasing/financing a vehicle from the Retailer, it is not binding on either you or the Retailer and making a Reservation does not mean you have purchased or financed a vehicle. Your chosen Retailer may still require that you attend their premises.
The Reservation does not form a contract for the sale/financing of a vehicle and the Retailer has not agreed to supply the vehicle to you. Any Reservation fee paid by you on the Platform is fully refundable and any vehicle purchase will be subject to a separate contract entered into between you and your chosen Retailer.
Submitting the Reservation and paying the Reservation fee does not mean you have reserved, purchased or financed a vehicle.
Reservations may only be made by private consumers who are at least 18 years of age and resident in the UK. Please do not attempt to make a Reservation if you are a business or acting on behalf of a business, such as a fleet buyer.
The Platform configuration and pricing cannot be used in conjunction with any other offers or discount codes, unless specifically declared otherwise.
PART 2 – PLATFORM TERMS
1. The Platform and Reservations
(a) As part of the Reservation Process, you are required to create an ORA Online Account (“Account”). The purpose of your account is to help us facilitate:
your Reservation; and
your Onward Purchase Journey by enabling you to upload Important Documents, save and update your Part Exchange Vehicle details.
(b) The Platform enables you to:
select your chosen vehicle from the current GWM ORA UK manufacturing range and locate an existing stock vehicle from one of our Retailers (“Stock Vehicle“);
select a finance option from GWM ORA UK Finance and obtain an indicative finance quote for your chosen vehicle based upon the information you provide;
obtain an indicative part exchange valuation for any vehicle you may wish to part exchange;
- At this stage you may either:
(i) send the details of your chosen vehicle along with any indicative finance quote and/or part-exchange valuation to your chosen Retailer (the closest participating Retailers will be suggested based upon the postcode you provide however you are free to choose any participating Retailer) (i.e. send an “enquiry”); or
(ii) continue the process online.
- If you continue the process online you can:
(i) select a delivery method for your chosen vehicle (remembering that your chosen Retailer may still require you to attend their premises);
(ii) select a Retailer (the closest participating Retailers will be suggested based upon the postcode you provide);
(iii) obtain your Retailer’s Proposed Price (which will include any online discount or uplift applied by your chosen Retailer) and review any updated indicative finance quote;
reserve your chosen vehicle with your chosen Retailer by paying the fully refundable Reservation fee (“Reservation Fee”); and
apply for your finance option online (if applicable and if you choose to do so). Finance is subject to the finance provider’s terms and conditions.
(c) You will be displayed with a full summary of your chosen vehicle, any finance option and/or part-exchange valuation which will allow you to check and amend any errors before making an enquiry or a Reservation. Please take time to read and check the details at each stage of the process. If the details are not correct, you can step back through the process and correct any mistakes before confirming and paying the Reservation Fee.
(d) After you place a Reservation, we will send a copy of your Reservation details to the email address you provided and also to your chosen Retailer. Your chosen Retailer will then make contact with you to discuss the arrangements (including any contractual documentation required and if you are required to attend their premises) for you to purchase the vehicle. The Retailer will make contact with you by telephone or email using the contact details you provided us on the Platform.
(e) Please note that making a Reservation does not mean that you have placed a Reservation to purchase or finance the vehicle or that the Retailer has agreed to supply the vehicle to you. The Reservation is not binding on either you or the Retailer. The Reservation is intended solely to indicate your interest in purchasing/financing the vehicle from the Retailer. The process by which you purchase the vehicle is described in Part 3.
(f) At any time in the process if you do not wish to make a Reservation using the Platform, please visit your local Retailer to discuss your requirements and they can help you configure or locate a vehicle offline.
2. Reservation Fee
(a) To complete your Reservation you will need to pay the Reservation Fee which will be paid directly to the Retailer via the Platform. Payment of the Reservation Fee does not commit you to purchase/finance the vehicle, nor does it commit the Retailer to supply the vehicle.
(b) You have the right to cancel your Reservation at any time for any reason. The Retailer may also cancel the Reservation in certain circumstances (such as where you fail a credit check, there has been a pricing error within the Platform or for other business or legal reasons). In such circumstances the Reservation Fee will be refunded to you in full. Your refund will be processed within five (5) business days of such cancellation and will be returned to you following clearance of the funds by your bank. The Retailer is not entitled to make any deductions.
(c) The Reservation Fee is payable at the time of placing the Reservation using the payment facilities on the Platform and is payable by credit or debit card only. We use Stripe to take payments and by using the Platform, you agree to Stripe handling the payment transaction, your card details and any other information strictly necessary for such payment transaction to be executed by Stripe.
(d) It is your responsibility to ensure that the payment details you use are correct and complete. The Reservation will be sent to your chosen Retailer upon successful completion of payment and issuing of an authorisation code.
(e) If your purchase/financing of the vehicle proceeds, the Retailer may, at its option, apply the Reservation Fee towards your deposit for the vehicle or refund the Reservation Fee and take a full deposit direct from you in accordance with the Retailer’s standard business policies and procedures.
3. Finance Options (if applicable)
(a) You will be provided with information about the finance options offered on the Platform which are currently either Personal Contract Purchase (PCP) or Hire Purchase (HP).
(b) Finance contracts will be provided by International Motors Finance Limited, trading as GWM ORA UK Finance, a company registered in England and Wales under company number 02956040 and with registered office at The Gate, International Drive, Solihull, B90 4WA, United Kingdom. International Motors Finance Limited is authorised and regulated by the Financial Conduct Authority under firm reference number 725002.
(c) If you choose one of these finance options, the Platform will provide you with indicative information about the price of your vehicle throughout your use of the Platform. This information is based upon GWM ORA UK’s suggested retail price, the Retailer’s Proposed Price and any information you provide yourself on the Platform regarding the finance option you have selected.
(d) If you make a Reservation on the Platform you will be given the option to apply for your chosen finance option.
(e) The application will contain the necessary information for GWM ORA UK Finance to carry out a credit check on you and assess whether you meet the eligibility for finance.
(f) Any finance contract will be subject to International Motors Finance Limited’s terms and conditions.
(g) You will be notified as soon as possible whether your application was successful by your chosen Retailer. Your chosen Retailer will contact you to discuss your finance application and (if applicable) whether the Reservation has been accepted.
(h) Please be aware that if you have selected Personal Contract Purchase (PCP) or Hire Purchase (HP) you will not own the vehicle until all repayments (as set out in your finance contract) have been made.
(i) Providing your application and Reservation are accepted, you will be required to enter into a contract with the relevant finance provider. Please ensure you read the contract carefully as you will be responsible for complying with the terms contained therein. In particular, you will be responsible for all monthly repayments. The amount of monthly repayments to be paid will be determined under the finance contract.
4. Part Exchange (if applicable)
(a) You may use the Platform to calculate an indication of the part exchange value of your existing vehicle as a partial payment (net of any financial settlements due at invoice). Such part exchange valuations will be prepared by BCA Limited. Please be aware, however, that the Retailer is not obliged to accept the part exchange vehicle.
(b) In some circumstances, the Platform may not be able to offer an indication of the part exchange value of your existing vehicle. If this is the case, you will be informed via the Platform and asked to visit your local Retailer who may offer an indication of the part exchange valuation and your part exchange equity in your existing vehicle offline.
(c) If the Platform does offer an indication of the part exchange value of your existing vehicle, any value is indicative only and is subject to final confirmation and validation by your chosen Retailer. You must provide an accurate description of the condition of the part exchange vehicle and detail the mileage when requested.
(d) The indicative part exchange value of your existing vehicle is not binding unless and until the Retailer has inspected and examined the part exchange vehicle and confirmed its value and it forms part of a sale or finance contract.
(e) Where the actual part exchange value offered by the Retailer is less than the price indication provided by the Platform at the time of the Reservation, if you wish to purchase/finance the vehicle, you will need to pay the difference. The Retailer is not obliged to handover the vehicle if there is a deficit in the purchase price caused by a reduction in the value of the part exchange vehicle.
(f) You will not be entitled to receive your vehicle until the part exchange vehicle has been handed over. The Retailer will contact you to arrange inspection, examination and handover of the part exchange vehicle.
(g) Your ownership of the part exchange vehicle will cease and pass to the Retailer in full on its delivery. Accordingly, you must provide all spare key sets, all appropriate documentation and any other items belonging to the part exchange vehicle to the Retailer on delivery. You must provide the Retailer with your V5 registration certificate.
(h) It is your responsibility to ensure that any existing finance on the part exchange vehicle is settled on or before completion of the purchase of your new vehicle. You may be able to agree and authorise your chosen Retailer to facilitate the settlement of any existing finance on your behalf at the time of completion.
5. Contractual Effect of your Reservation
(a) You specifically acknowledge that your Reservation shows your interest in purchasing/financing the vehicle from your chosen Retailer and is not an offer to purchase/finance the vehicle.
(b) The Reservation is not binding on either you or the Retailer. By agreeing to these Terms and Conditions, submitting the Reservation and paying the Reservation Fee, you have not reserved, purchased or financed a vehicle.
(c) Where you make a Reservation for a Stock Vehicle, the participating Retailer will use all reasonable endeavours to reserve such Stock Vehicle for seventy-two (72) hours from the time the Reservation is made.
(d) Where your Reservation is for a Stock Vehicle, if you do not agree to purchase/finance the vehicle with your chosen Retailer within seventy-two (72) hours from the time the Reservation is made you may lose such Stock Vehicle. In these circumstances the Retailer will use all reasonable endeavours to source a similar alternative vehicle for you in accordance with your Reservation.
6. Changing your Reservation
(a) You are free to change your vehicle at any time before you enter into a binding purchase with your Retailer or finance contract with the finance provider.
(b) As the Platform does not allow you to change your Reservation online once it has been made, please discuss any changes with your chosen Retailer as soon as possible.
(c) Your chosen Retailer will advise you of availability and any impact the changes will have in respect of timing, price, finance or anything else and will ask you to confirm whether you wish to go ahead with the changes.
6. Cancelling your Reservation
(a) If you change your mind about the Reservation placed on the Platform, you can cancel at any time before you sign a purchase contract with your chosen Retailer or finance contract with the finance provider. This means that during this period if you change your mind or decide for any reason that you do not want to Reserve the vehicle, you can notify your chosen Retailer of your decision to cancel the Reservation and receive a full refund of the Reservation Fee on the credit card or debit card used by you to pay.
(b) To cancel the Reservation, you just need to let your chosen Retailer know that you have decided to cancel.
PART 3 – Purchase/Financing of the vehicle
1. Purchase/Financing of the Vehicle
(a) After the Reservation has been sent to the Retailer, the Retailer will contact you to arrange the purchase/financing of the vehicle including confirming if you are required to attend their premises and what is required to finalise any associated contractual documentation.
(b) The Retailer may (but is not obliged to) provide you with additional offers and/or savings throughout the subsequent negotiations and discussions before a final purchase/financing price is agreed and a purchase or finance contract is entered into.
(c) Completion of the purchase/financing of a vehicle is conditional upon a Retailer’s agreement to supply and your agreement to purchase/finance your chosen vehicle, together with: (i) completion of the purchase contract between you and the Retailer; or (ii) the completion of any finance contract (if applicable). Once the contract(s) have been signed and dated by both you and the Retailer, the purchase/financing of the vehicle shall become binding on both parties and you are committed to purchasing/financing the vehicle.
(d) Where you have applied for your chosen finance option through the Platform but did not receive an immediate response, your chosen Retailer will contact you to discuss your finance application.
(e) If your finance application has not been concluded or your Reservation has not been approved for any other reason or you do not conclude the contract within fourteen (14) days of submission of your Reservation, your Reservation will be cancelled by your chosen Retailer and the Reservation Fee will be refunded to you in full.
(f) Please note that, as the Reservation is not binding on either you or the Retailer, the terms of any purchase and/or finance contract may differ from the terms of the Reservation in certain circumstances including where:
- there has been an error in the Retailer’s Price, whether resulting from the operation of the Platform or otherwise;
- you further negotiate the purchase of the vehicle directly with the Retailer offline, including negotiating a higher valuation of any part exchange vehicle;
- you select additional products and/or services not currently offered on or facilitated by the Platform;
- the part exchange valuation (and, in turn, your equity in such part exchange vehicle) may be recalculated where for example, there is an extended time before delivery, the part exchange vehicle has additional mileage or where, upon inspection and examination of any part exchange vehicle, the vehicle is not in the condition stated by you on the Platform or for any other reasonable reason determined by your chosen Retailer;
- the part exchange vehicle is subject to an existing finance agreement and no settlement figure has been provided, or the settlement figure changes or is incorrect;
- the Retailer needs to add a delivery charge;
- GWM ORA UK’s suggested retail price, on the road price or any national offers change or cease to apply for your vehicle; and/or
- in relation to any finance offer, the relevant finance provider withdraws or otherwise changes the finance product offered to you.
(g) The Retailer will discuss any changes with you, and you are free to either continue with your purchase or cancel the Reservation and receive a full refund of the Reservation Fee.
(h) The payment of the purchase price pursuant to the contract is to be arranged between you and the Retailer. We shall have no involvement in the process of paying the purchase price. It is your responsibility to ensure that the payment details you provide are correct and complete. Your Retailer does not have to handover your vehicle if the details you submit when making your Reservation are incorrect or incomplete, and the Retailer is unable to take payment as a result.
(i) No payment will be treated as made until the Retailer has received it in full, in cleared funds. The Retailer will not arrange handover of your vehicle until they receive payment in full.
2. Handover Options
(a) When completing your Reservation you will be asked to indicate your handover preference either (i) home delivery for UK delivery addresses only or (ii) collection from your chosen Retailer.
(b) Please note that whilst you may select your handover preference online, your chosen Retailer may still require you to attend their premises to finalise your purchase.
(c) We have no involvement or responsibility to you with respect to handover of the vehicle. Full handover details including the estimated date of delivery and any associated costs will be confirmed with you at the time you enter into the purchase or finance contract.
(d) Please be aware that any delivery date provided is indicative only and provided as an estimate. The Retailer will have no liability for any failure to deliver or make available for collection the vehicle by the estimated delivery date (although the Retailer will use reasonable endeavours to do so).
3. Your Right to Cancel a Purchase Contract
If the purchase contract between you and your chosen Retailer for your vehicle is concluded at a distance or off the Retailer’s premises, you may be entitled to certain cancellation rights. The exact terms of these rights will be detailed in your purchase contract and governed by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Any finance contract will be subject to International Motors Finance Limited’s terms and conditions.
PART 4 – General Terms
1. Our Liability to you
(a) For further information about your legal rights and how they might be affected by these Terms and Conditions, including this section on our liability to you, we advise you to contact:
(b) Subject to the caveat at the end of this section, we are only liable to you for losses which you suffer as a foreseeable result of us breaching these Terms and Conditions, or our negligence.
(c) We are not liable to you for losses which you suffer due to any event beyond our reasonable control. If such an event takes place that affects the performance of our obligations under a contract with you:
- we will let you know as soon as we reasonably can; and
- our obligations will be suspended, and the time in which we have to perform those obligations will be extended for the duration of the relevant event. If the event affects our ability to deliver goods to you, we will arrange a new delivery date with you once the event is over.
(d) We only provide the Platform and Reservation facilities for vehicles for domestic and private use. We will not be liable to you for any business losses that you may incur, including but not limited to lost profits, loss of business, loss of business opportunity or business interruption.
(e) However, nothing in these Terms and Conditions shall limit or exclude our liability to you:
for death or personal injury caused by our negligence;
for fraud or fraudulent misrepresentation;
for breach of any obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
under Part I of the Consumer Protection Act 1987; or
for any other liability that may not be limited or excluded under applicable law.
2. Use of your Personal Information
IM NEV will be processing personal data in connection with the Reservation of your vehicle and for the purposes of addressing any questions you may have in connection with the same.
All personal data processing will take place in accordance with applicable legislation concerning processing of personal data as well as our Privacy Notice, available at https://gwmora.co.uk
3. Other Information
(a) All communications between us and all contracts formed between us will be made and conducted in the English language.
(b) Any notices we send to you will be sent to the most recent e-mail address or postal address provided to us by you.
(c) Neither we, you nor the Retailer intend that these Terms and Conditions will be enforceable by anyone except us, you or the Retailer.
(d) No failure or delay by a party in enforcing these Terms and Conditions will prevent that party from taking further action or enforcing these Terms and Conditions.
(e) Each element of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them (or any part of them) are unlawful or unenforceable, the remaining terms (or part of them) will remain in full force and effect.
(f) Nothing in these Terms and Conditions gives you any rights in respect of our or the Retailer’s intellectual property (or that of third parties who grant us rights to use their intellectual property).
(g) The laws of England and Wales apply to these Terms and Conditions.
(h) If any disputes arise in relation to these Terms and Conditions and you want to take court proceedings, those proceedings must be brought in the courts of England and Wales.