en:Cars:The 2024 CUPRA Born:Love Me or Leave Me:CUPRA Born Love me or leave me Terms and Conditions GB/EN

CUPRA Born Love me or leave me Terms and Conditions

  1. The 2024 CUPRA Born
  2. Born Love Me or Leave Me

CUPRA BORN LOVE ME OR LEAVE ME (TERMS AND CONDITIONS)

These terms and conditions (“Terms”) govern the ‘Love Me or Leave Me’ Scheme which is described in more detail in clause 1.1 below (“Scheme”).

The operator of the Scheme is CUPRA UK, a trading division of Volkswagen Group United Kingdom Limited of Yeomans Drive, Blakelands, Milton Keynes, MK14 5AN (“CUPRA”).

The Scheme is subject to availability and CUPRA reserve the right to withdraw the Scheme to new applicants for any reason at any time. CUPRA will endeavour to provide notice directly or via a CUPRA Agent before closing access to the Scheme.

KEY TERMS AND CONDITIONS

Please ensure that you read the detailed terms and conditions on the following pages. This section is a summary of the key terms of those terms and conditions only.

  • If you qualify for the Scheme (clause 1), you may choose to return your CUPRA Born vehicle at the end of the initial three month period if you do not wish to continue owning it. You will need to tell us about your decision by email between 80 – 100 days after the date on which you received the vehicle (clause 2). You will not be able to decide to return the vehicle earlier or later than this under the Scheme, but may have other legal rights to return it in some circumstances.
  • If you return your vehicle using the Scheme and you purchased it on finance, we will keep the three monthly payments due during the first three months of your ownership, but will cancel your finance contract and refund you any deposit you paid. We may reduce the deposit to account for damage to the vehicle not covered by the vehicle warranty, work we have to do to remove or repair modifications that have been made to the vehicle, or if you have exceeded the mileage allowance under your finance contract (clause 3.2).
  • If you return your vehicle using the Scheme and you paid for it outright, we will refund you the amount that you paid, but may reduce this amount to account for damage to the vehicle not covered by the vehicle warranty and work we have to do to remove or repair modifications that have been made. We will also reduce the refund by a fixed percentage of the original purchase price to reflect the depreciation of the vehicle whilst in your possession (clause 3.1).
  • If you purchase any accessories with your vehicle, we will not refund you the cost of these if you return the vehicle, but may not be able to return them to you if they cannot be removed without causing damage to the vehicle (clause 4). If you have received a home charger or charging voucher as part of your purchase, we will reduce any refund paid to you by the cost of the charger (if it has been installed) or the value of any charging credit used prior to your return of the vehicle (clause 5 and clause 6).
  • We cannot return part-exchanged vehicles sold to us in the event you choose to return a vehicle under the Scheme, but we will provide a refund equal to the agreed part-exchange valuation less any reductions which are due (clause 3.1.3 and clause 3.2.4).

1. SCHEME AND ELIGIBILITY

1.1. Under the Scheme, retail customers who order and take delivery of a new CUPRA Born vehicle from a participating CUPRA Agent (“Qualifying Vehicle”) may terminate their purchase contract with CUPRA and return the Qualifying Vehicle at the end of the three-month period from the Handover Date (as defined below) (the “Leave Me Period”) in accordance with these Terms .

1.2. The Scheme is only available:

1.2.1. to retail customers (excluding Motability, Fleet and Demo customers) (“Customers”) are eligible for this Scheme. This Scheme is not available for customers who purchase a Qualifying Vehicle on Retail Contract Hire with Volkswagen Financial Services Limited;

1.2.2. on Qualifying Vehicles ordered from CUPRA’s current stock. Factory orders (i.e. vehicles manufactured to order), used vehicles, ex demonstration vehicles and Motability vehicles are excluded from this Scheme;

1.2.3. on orders of Qualifying Vehicles placed after 17 October 2024;

1.2.4. if applicable, on Qualifying Vehicles that have been fitted with only Approved Accessories (as defined below) and to the extent those Approved Accessories can be removed without residual damage to the Qualifying Vehicle (as further described in clause 4 below); and

1.2.5. to Customers that are a UK resident and aged 18 years old or above.

1.3. A Customer will only be eligible to participate in this Scheme once and the Scheme will only apply to the first Qualifying Vehicle purchased by a Customer. This means that if a Customer orders and takes delivery of a Qualifying Vehicle and returns the Qualifying Vehicle under the Scheme, yet later decides to re-order another CUPRA vehicle (“Replacement Vehicle”), the Customer will not be eligible to participate in or utilise the Scheme again in order to return the Replacement Vehicle.

1.4. Where a Customer utilises the Leave Me Period and subsequently purchases a Replacement Vehicle, the arrangements for the Replacement Vehicle will need to be on a separate finance agreement and the Qualifying Vehicle returned by the Customer exercising their rights during the Leave Me Period cannot be used for the purposes of a part exchange arrangement for the Replacement Vehicle.

1.5. Please note that Finance Customers (as defined below) may have separate cancellation rights under the finance agreement entered into with the Finance Provider (as defined below). Please see those separate terms for further information, including what the Customer may be required to pay if exercising any such cancellation right.

2. NOTIFICATION AND RETURNING THE QUALIFYING VEHICLE

2.1. Customers who wish to participate in the Scheme must:

2.1.1. Contact the retailer they purchased their CUPRA from in order to notify of their intention to terminate their purchase contract and return the Qualifying Vehicle under the Scheme (“Scheme Notification)

2.1.2. provide the Scheme Notification to CUPRA between 80 to 100 days from the Handover Date (“Notification Period”). A Customer who serves a Scheme Notification to CUPRA before or after the Notification Period shall not be eligible to participate in the Scheme.

2.2. For the purposes of these Terms, the “Handover Date” is the date on which the Customer (or someone nominated by the Customer) collects (or receives) the Qualifying Vehicle and signs the handover documentation.

2.3. Once CUPRA has reviewed the Scheme Notification and confirmed that such Scheme Notification is valid and accepted, the Customer will be required to return the Qualifying Vehicle to the CUPRA Agent they ordered and/or took delivery of the Qualifying Vehicle from within 14 days of CUPRA accepting the Scheme Notification. The Customer must provide the Qualifying Vehicle’s V5 documentation, parcel shelf, charging cable, floor mats and any other removable objects and both sets of keys for the Qualifying Vehicle on return. The Customer should not return the Qualifying Vehicle until confirmation has been received from the CUPRA Agent.

2.4. Prior to returning the Qualifying Vehicle to the relevant CUPRA Agent, the CUPRA Agent will condition report the Qualifying Vehicle and report any damage, wear and tear to CUPRA, along with an accurate mileage figure in order to assess any deductibles.

3. REFUND AND PAYMENT

3.1. This clause shall only apply where the Customer has purchased the Qualifying Vehicle outright in full (“Cash Customers”).

3.1.1. CUPRA will refund a Cash Customer the price paid by the Cash Customer under the purchase contract for the Qualifying Vehicle after deducting:

3.1.1.1. the cost of repairs for any damage to the Qualifying Vehicle (including, but not limited to the wheels and interior condition) not covered by the Qualifying Vehicle’s warranty (available here) (“Warranty”);

3.1.1.2. the actual costs of undoing any modifications or customisations to the Qualifying Vehicle that the Cash Customer has made or requested; and

3.1.1.3. a charge in respect of the depreciation of the Qualifying Vehicle as a result of the Customer’s use of the Qualifying Vehicle during the Leave Me Period (including but not limited to the additional mileage added to the Qualifying Vehicle as a result of the Customer’s use), calculated at 3% of the price paid by the Cash Customer under the purchase contract for the Qualifying Vehicle,

(together, the “Cash Charges”).

3.1.2. The price paid by the Cash Customer under the purchase contract for the Qualifying Vehicle minus any Cash Charges shall be returned to the Cash Customer within 14 days of the Qualifying Vehicle being returned to the CUPRA Agent in accordance with clause 2. Unless otherwise agreed with the Customer, CUPRA will refund the Customer using the same method used by the Customer for payment.

3.1.3. Where the Cash Customer has provided a part-exchange vehicle as part of the purchase of the Qualifying Vehicle, the Cash Customer acknowledges and agrees that CUPRA shall not be obliged to return that part-exchange vehicle. Subject to the deductions explained at clause 3.1.1, CUPRA will refund to the Cash Customer an amount equal to the valuation of the part-exchange vehicle set out in the purchase contract for the Qualifying Vehicle.

3.2. This clause shall only apply where the Customer has entered into a separate finance arrangement with a finance provider which is participating in the Scheme (“Finance Provider”) in respect of payment of the price of the Qualifying Vehicle (“Finance Customers”).

3.2.1. CUPRA or the relevant Finance Provider shall retain the three (3) monthly payments payable by the Finance Customer before the return of the Qualifying Vehicle in accordance with this Scheme (“Initial Monthly Repayments”). The Finance Customer shall not be refunded the Initial Monthly Repayments under the Scheme.

3.2.2. CUPRA will refund the Finance Customer the sum of the cash contribution amount (“Advance Payment”) paid by the Customer for the Qualifying Vehicle after deducting:

3.2.2.1. the cost of repairs for any damage to the Qualifying Vehicle (including, but not limited to the wheels and interior condition) not covered by the Qualifying Vehicle’s Warranty;

3.2.2.2. the actual costs of undoing any modifications or customisations to the Qualifying Vehicle that the Finance Customer has made or requested; and

3.2.2.3. any excess mileage charges as determined and calculated by CUPRA and/or the CUPRA Agent (“Excess Mileage Charge”). Such Excess Mileage Charge will be calculated based on the maximum annual and total mileage limits, actual mileage figure on the Qualifying Vehicle and a pro-rata mileage calculation, with a pence-per-mile Excess Mileage Charge as per the terms on the finance agreement with the Finance Provider,

Excess mileage usage - calculation example below.

Permitted contracted mileage – 10,000 miles per year

Mileage at return of Qualifying Vehicle after 90 days – 3,000 miles

Pro rata contracted mileage at 90 days (10,000 miles/365 days*90 days) – 2,466 miles

Excess mileage – 534 miles at 9.9p* per mile (*example rate only)

Excess Mileage Charge - £53.06

(together, the “Finance Charges”).

3.2.3. Where CUPRA have offered to pay a finance deposit contribution, the Finance Customer will not be entitled to receive a refund of this part of the total contribution under the finance agreement.

3.2.4. Where the Finance Customer has provided a part-exchange vehicle as part of the Advance Payment, the Finance Customer acknowledges and agrees that CUPRA shall not be obliged to return that part-exchange vehicle. Subject to the deductions explained at clause 3.2.2, CUPRA will refund to the Finance Customer an amount equal to the valuation of the part-exchange vehicle set out in the purchase contract for the Qualifying Vehicle.

3.2.5. The Advance Payment minus any Finance Charges shall be returned to the Finance Customer within 14 days of the Qualifying Vehicle being returned to the CUPRA Agent. CUPRA will refund the Customer using the same method used by the Customer for payment.

3.2.6. CUPRA shall contact the Finance Provider on the Finance Customer’s behalf to settle the outstanding agreement for the remaining period of the finance. Please note that the finance agreement entered into by the Customer with the Finance Provider is a separate contract, and CUPRA is not a party to that agreement.

4. ACCESSORIES

4.1. During the Leave Me Period, any accessories fitted to the Qualifying Vehicle must be Approved Accessories. For the purposes of these Terms, “Approved Accessories” means non factory-fitted accessories CUPRA make available, which are installed by a CUPRA Agent (on CUPRA’s behalf).

4.2. CUPRA reserves the right to reject the return of the Qualifying Vehicle by the Customer under the Scheme where it considers (in its sole discretion or the discretion of a CUPRA Agent on CUPRA’s behalf) that any accessories fitted to the Qualifying Vehicle are not Approved Accessories.

4.3. Any Approved Accessories fitted must be able to be removed with no residual damage to the Qualifying Vehicle. Approved Accessories which are removed from a Qualifying Vehicle may at the Customer’s option be retained by the Customer or returned to CUPRA, but CUPRA shall not be obliged to provide a refund for any returned Approved Accessories. Any Approved Accessories which cannot be removed without residual damage to the Qualifying Vehicle (to be determined in CUPRA and/or the CUPRA Agent’s sole discretion) will be left fitted to the Qualifying Vehicle and will not be refunded to the Customer in accordance with the refund provisions contained in clause 3 above.

5. OHME EV CHARGER

5.1. This clause 5 shall only apply where the Customer receives a 7kW Ohme Home Pro home EV charger (5m tethered cable) or 7kW Ohme Home ePod home EV charger (untethered) and standard installation (“Ohme Charger”) as part of their purchase of the Qualifying Vehicle.

5.2. If an order for a Qualifying Vehicle is cancelled after the installation of an Ohme Charger, CUPRA may deduct from any refund made under clause 3 an amount equal to the value of the installed Ohme Charger. If the value of the installed Ohme Charger exceeds the amount of any refund due to the Customer under clause 3, the Customer will be liable to pay Ohme Operations UK Ltd (“Ohme UK”) the RRP of the Ohme Charger and standard installation. If the Customer cancels the order for a Qualifying Vehicle before the installation of the Ohme Charger has taken place, the Customer will no longer be entitled to an Ohme Charger. This does not affect the Customer’s statutory rights.

5.3. Ohme UK’s standard terms and conditions of sale shall apply in relation to all Ohme Charges supplied and/or installed with the purchase of the Qualifying Vehicle. A copy of these terms and conditions is available here.

5.4. Supply, installation, maintenance and removal of the Ohme Charger will be subject to a separate contract between the Customer and Ohme UK. Neither CUPRA nor the CUPRA Agent can accept responsibility in connection with that contract and any Customer queries or claims must be directed to Ohme UK. The Customer shall be responsible for any necessary or required payments as may be required by Ohme UK in respect of removal of the Ohme Charger and this shall not be the responsibility of CUPRA nor the CUPRA Agent.

6. CUPRA CHARGING VOUCHER

6.1. This clause shall only apply where the Customer receives a CUPRA Charging voucher code with credit (“Charging Voucher”) as part of the purchase of the Qualifying Vehicle.

6.2. CUPRA Charging general terms and conditions (available here) and the ‘Elli Multi-Purpose Voucher’ general terms and conditions (available here) shall apply in relation to all Charging Vouchers supplied in accordance with the purchase of the Qualifying Vehicle by the Customer.

6.3. If an order for a Qualifying Vehicle is cancelled after the Charging Voucher is activated and used, CUPRA may deduct from any refund made under clause 3 an amount equal to the amount of credit used by the Customer. If the Customer’s credit used exceeds the amount of any refund due to the Customer under clause 3, the Customer will be liable to repay to CUPRA and/or the CUPRA Agent an amount equal to the amount of credit used by the Customer. If a Qualifying Vehicle order is cancelled prior to activation of the Charging Voucher, the Charging Voucher and any credit will be forfeited. The Customer cannot recover any of the credit as cash. This does not affect the Customer’s statutory rights.

6.4. Neither CUPRA nor the CUPRA Agent can accept responsibility in connection with any contract between the Customer and Volkswagen Group Charging GmbH (Elli) in connection with the Charing Vouchers and any Customer queries or claims must be directed to Volkswagen Group Charging GmbH (Elli).

7. PERSONAL DATA

7.1. Please refer to CUPRA’s Privacy Notice (available here) for information about CUPRA will use personal information in connection with the Scheme and how it will be shared.

8. GENERAL

8.1. Nothing in these Terms will affect the Customer’s legal rights, including their legal rights to cancel a contract in certain circumstances. Advice about the Customer’s legal rights is available from any local Citizens’ Advice Bureau or Trading Standards office.

8.2. Each of the sections of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining sections will remain in full force and effect.

8.3. CUPRA will not be liable for any loss or damage of any nature, howsoever caused, sustained in any way by any participant in this Scheme. However, nothing in these Terms shall have the effect of excluding or restricting liability for personal injury or death caused by proved negligence of CUPRA nor any other liability which it would be unlawful to exclude or restrict.

8.4. CUPRA are not liable for business losses. CUPRA will have no liability to the Customer for any loss of profit, loss of business, business interruption, or loss of business opportunity sustained in any way by any participant in this Scheme.

8.5. If CUPRA are prevented or delayed from complying with its obligations under these Terms by anything the Customer (or anyone acting on the Customer’s behalf) does or fails to do, or as a result of events or circumstances beyond CUPRA’s reasonable control, CUPRA’s inability or delay in performing its obligations will not be deemed to be in breach of contract.

8.6. If the Customer breaches these Terms and CUPRA chooses to ignore the breach, or if CUPRA delay in taking steps against the Customer, CUPRA will still be entitled to use its rights and remedies at a later date or in any other situation where the Customer breach the Terms again.

8.7. These Terms are governed by the law of England and Wales and CUPRA and the Customer can bring legal proceedings in the English courts. Nothing in this section shall deprive the Customer of the right to bring or defend proceedings in their home state nor of the protection afforded to the Customer by the mandatory rules of law of the country in which the Customer lives. For example, if the Customer lives in Scotland, the Customer can bring legal proceedings in either the Scottish or the English courts.