Terms and Conditions
For Oasis Motor Finance Dealers Onboarding Agreement V.1
Your Agreement with us:
When you sign the dealers onboarding form, you accept the terms and conditions set out in this agreement. Please read this agreement carefully and if there is anything you do not understand, or may not agree with, ask any member of staff at the Oasis office where you were contacted. If you wish to rely on any amendment or addition to the Agreement, you should ensure it is
confirmed in writing by one of our duly authorised representatives.
a. You must provide us with any information we need in order to comply with money laundering legislation, and guarantee the accuracy of the information so supplied
b. Definitions – ‘We’ or ‘Us’ refers to Oasis Motor Finance Limited as the broker of the goods. ‘You’ refers to the third party dealer as the issuer of the goods. ‘Vehicle’ refers to the goods being ordered and supplied.
Limitation of Liability:
Unless set out otherwise herein, we limit our liability for any breach of the Agreement (and for any other liability arising out of or connected to the Agreement) to the amount of the purchase price. We expressly exclude all liability for loss of profit, goodwill or agreements and for any indirect, consequential or economic loss. The limitations in this clause will not apply in cases of fraud, death or personal injury.
Indemnity Clause:
If our lender decides to request any compensation from Oasis, due to an unresolved complaint, we are liable to charge the you (dealer) the exact amount to cover the cost.
Data Protection:
The UK GDPR is the UK General Data Protection Regulation. It is UK Law which came into effect on 01 January 2021 following the United Kingdom’s departure from the European Union. UK GDPR replaced the European GDPR for use in the UK. The regulation sets out the key principles, rights and obligations for most processing of personal data in the UK.
Under the regulations, since you hold and process personal information about our mutual customers, staff or suppliers, you are legally obliged to protect that information. You commit to making sure:
- processing is lawful and fair
- purposes of processing must be specified, explicit and legitimate
- personal data must be adequate, relevant and not excessive
- personal data must be accurate and kept up to date
- personal data must be kept for no longer than necessary
- personal data must be processed in a secure manner
Agreeing to our terms and conditions confirms your company has the relevant controls in place to remain up to date with any recent and upcoming changes, by the FCA, ICO and FOS.
Consumer Contracts Regulation
The Consumer Contracts Regulation gives customers who buy goods from a dealer outright the right to change their mind and cancel an order within 14 days of receiving the vehicle. The customer’s decision to cancel can be done in writing or orally, the latter if agreed between the parties.
Cancellations and refunds:
The time limits for sales contracts and order cancellations are as follows:
- The contract must be canceled within 14 days after receiving the vehicle. The vehicle must then (depending on the dealer’s terms) be made available for collection.
- A customer who decides to return the vehicle within these time limits is entitled to expect the full amount to be refunded within 14 days.
Oasis Motor Finance is obliged to unwind the finance agreement if a customer decides to exercise their cancellation rights within 14 days. Oasis Motor Finance also holds the right to a full refund from you (the dealer) and for the vehicle to be returned to you.
Complaints Procedure:
In the event of a customer raising a complaint, we expect you to provide a final response to your complainant within 3 days for payment services issues and 8 weeks for all others. You will keep in touch to update the customer if you have encountered any issues that may delay your response.
We will expect you to issue a final response with details of the results of your investigation into your complaint and will state whether it has been accepted or rejected. In both cases you will explain the reasons for your decision. Your aim is to treat all customers consistently and fairly and therefore have strict processes in place to allow you to do so.
Alternative Dispute Resolution:
In the event our mutual customer is unsatisfied you accept full responsibility for subscribing to a third-party conciliation service, and adhere to their codes of practice. You will always attempt to resolve any disputes quickly and efficiently.
If a customer remains dissatisfied with the outcome and explanation you have provided, you will advise the customer to contact one of the following who are a provider of Alternative Dispute Resolution (ADR) and offer conciliation and arbitration.
British Vehicle Rental and Leasing Association
complaint@bvrla.co.uk
River Lodge
Badminton Court
Amersham
HP 7 0DD
BVRLA rental and leasing members adhere to a mandatory code of conduct. This provides customer with reassurance that the company they are dealing with is committed to delivering the highest industry standards of professionalism and best practice.
The Motor Ombudsman
www.motorcodes.co.uk
71 Great Peter Street
London
SWP1P 2BN
0800 962 0825
The Motor Ombudsman is a member of the Chartered Trading Standards Institute approved consumer codes scheme
Financial Ombudsman Service
https://www.financial-ombudsman.org.uk/consumer/complaints.htm
Exchange Tower
London
E14 9SR
0800 023 4567 or 0300 123 9123
FOS is approved to be an ADR but the Financial Conduct Authority (FCA) but are still independent of the regulator in the way they investigate individual cases.
Privacy Policy:
You agree to having an up to date privacy policy, that this is available upon request by all customers, suppliers and authorities. This notice will sets out what you do with your personal information, what you do to keep it secure, from where and how you collect it, as well as customers rights in relation to the personal information you hold about them.
Vulnerable Customers:
In instances where you identify a customer is vulnerable you will have a robust Vulnerable Customer Policy in place. We expect your policy to set out your approach to identifying and interacting with vulnerable customers to ensure you deliver “good customer outcomes”. A “good customer outcome” is a wide definition and does not just relate to the avoidance of financial detriment, it includes instances which cause or could cause distress and inconvenience. The purpose of this policy document is to:
- Define what constitutes a vulnerable customer.
- Set out how customers will achieve a good outcome.
- Outline the controls that ensure adherence to the Vulnerable Customer Policy.
- Outline how vulnerable customer consideration will be used to drive business improvements.
You will also ensure yourself and your staff are trained regularly to remain competent in dealing with vulnerable customers.
Treating Customers Fairly (TCF):
By signing this agreement you are agreeing that your business is committed to the FCA’s Six TCF Outcomes:
Outcome 1: Consumers can be confident they are dealing with firms where the fair treatment of customers is central to the corporate culture.
Outcome 2: Products and services marketed and sold in the retail market are designed to meet the needs of identified consumer groups and are targeted accordingly.
Outcome 3: Consumers are provided with clear information and are kept appropriately informed before, during and after the point of sale.
Outcome 4: Where consumers receive advice, the advice is suitable and takes account of their circumstances.
Outcome 5: Consumers are provided with products that perform as firms have led them to expect, and the associated service is of an acceptable standard and as they have been led to expect.
Outcome 6: Consumers do not face unreasonable post-sale barriers imposed by firms to change product, switch provider, submit claim or make a complaint.
Financial Crime Policy:
This agreement confirms you have the appropriate level of governance in place, with a zero tolerance approach to bribery, corruption, money laundering and other potential financial crime within your business. Your business is committed to the development of all staff who deal with customers, by ensuring they are fully trained and up to date with The Proceeds of Crime Act 2002 (“POCA”).
Insurance and Membership:
You have agreed your business will remain compliant with regards to all your insurances and professional memberships. Any changes to this should be communicated to Oasis Motor Finance.
FCA Registered:
During our onboarding process you confirmed you are authorised by the Financial Conduct Authority (FCA) to carry out regulated financial service activities. If there are any changes to your registration status you will have to inform Oasis Motor Finance on the first instance.