Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just phone us on +44 203 129 7741.
- These Terms and Conditions will apply to the purchase of the services and goods by you (the Customer or you). We are MockDrivingTest.com (c/o Vin Solutions Ltd) whose trading name is MockDrivingTest.com a company registered in England and Wales under number 08578714 whose registered office is at The Long Lodge 265-269 Kingston Road, Wimbledon, London, SW19 3NW with email address [email protected]; telephone number +44 203 129 7741; (the Supplier or us or we).
- These are the terms on which we sell all Services to you. Before placing an order on the Website, you will be asked to agree to these Terms and Conditions by clicking on the button marked 'I Accept'. If you do not click on the button, you will not be able to complete your Order. You can only purchase the Services from the Website if you are eligible to enter into a contract and are at least 18 years old. If you are aged between 15 years and 18 years, although you are allowed to use the web site content, you will need an adult guardian to make purchases on your behalf.
- Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
- Contract means the legally-binding agreement between you and us for the supply of the Services;
- Delivery Location means the location where the Services are to be supplied, as set out in the Order;
- Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
- Order (or Booking) means the Customer's order for the Services from the Supplier as submitted following the step by step process set out on the Website;
- Services means the services advertised on the Website, as per the description and quantity set out in the Order;
- Website means our website www.MockDrivingTest.com on which the Services are advertised.
- Driver means the learner driver booking lessons from our web site
- Approved Driving Instructure (ADI) means a DVSA approved driving instructor who will conduct lessons booked via our web site.
- By services we mean pass-assist lessons, driving lessons, mock tests, mentoring service provided to drivers to help pass their driving tests; and monthly or annual services provided to ADIs. The description of these Services is as set out in the Website, catalogues, brochures or other forms of advertisement.
- In the case of Services made to suit your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
- All Services which appear on the Website are subject to availability.
- We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
- You must co-operate with us in all matters relating to the Services, provide us and our authorised employees and representatives with all information required to perform the Services and obtain any necessary consents (unless otherwise agreed).
- Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice.
Personal information and Registration
- When registering to use the Website you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret.
- We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
Basis of Sale
- The description of the Services in our website does not constitute a contractual offer to sell the Services. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
- The Order process (including subscription services and lessons) is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
- A Contract will be formed for the Services ordered only when you receive an email from us confirming the Order (Booking Confirmation). You must ensure that the Booking Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Booking Confirmation). You will receive the Booking Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any services supplied under the Contract, and before the performance begins of any of the Services.
- Any quotation or estimate of Fees (as defined below) is valid for a maximum period of 2 days from its date, unless we expressly withdraw it at an earlier time.
- No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
- We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.
Fees and Payment
- The fees (Fees) for the Services and any additional delivery or other charges is that set out on the Website at the date we accept the Order or such other price as we may agree in writing. Prices for Services may be calculated on a fixed price or on a standard hourly rate basis.
- Fees and charges include VAT at the rate applicable at the time of the Order.
- You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Services.
- We will deliver the Services, to the Location provided by you during the Order creation process (lesson booking) at the time or within the agreed period or, failing any agreement in the case of Services, within a reasonable time
- In any case, regardless of events beyond our control, if we do not deliver the Services on time, you can require us to reduce the Fees or charges by an appropriate amount (including the right to receive a refund for anything already paid above the reduced amount). The amount of the reduction can, where appropriate, be up to the full amount of the Fees or charges.
- If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
- If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected services.
- We do not generally deliver services to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands.
- If you fail, through no fault of ours, to take delivery of the Services at the Delivery Location, we may charge the reasonable costs of reorganising and redelivering them.
Withdrawal and cancellation
- You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability 48 hours before commencement of the services.
- This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following services (with no others) in the following circumstances:
a. accommodation, vehicle rental services, catering or services related to leisure activities, if the contract provides for a specific date or period of performance;
b. services that are made to your specifications or are clearly personalised Right to cancel
- Subject as stated in these Terms and Conditions, you can cancel this contract without giving any reason
a. upto 48 hours prior to commencement of services like lessons and tests
b. up to 1 week prior to commencement of services like a monthly or annual subscription of ADI portal
- To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision by sending an email to [email protected], clearly stating your booking ID or by visiting our website and selecting 'Cancel' option. You can use the attached model cancellation form, but it is not obligatory. In any event, you must be able to show clear evidence of when the cancellation was made, so you may decide to use the model cancellation form. In either of the cases, we will communicate to you an acknowledgement of receipt of such a cancellation in a Durable Medium (eg by email) without delay.
- To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Commencement of Services in the cancellation period
- We must not begin the supply of a service (being part of the Services) before the end of the cancellation period unless you have made an express request for the service.
Effects of cancellation in the cancellation period
- Except as set out below, if you cancel this Contract, we will reimburse you all payments received from you, including the costs of delivery.
Payment for Services commenced during the cancellation period
- Where a service is supplied (being part of the Service) before the end of the cancellation period in response to your express request to do so, you must pay an amount for the supply of the service for the period for which it is supplied, ending with the time when we are informed of your decision to cancel the Contract. This amount is in proportion to what has been supplied in comparison with the full coverage of the Contract. This amount is to be calculated on the basis of the total price agreed in the Contract or, if the total price were to be excessive, on the basis of the market value of the service that has been supplied, calculated by comparing prices for equivalent services supplied by other traders. You will bear no cost for supply of that service, in full or in part, in this cancellation period if that service is not supplied in response to such a request.
Deduction for services supplied
- We may make a deduction from the reimbursement for loss in value of any services supplied, if the loss is the result of unnecessary handling by you. This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.
Timing of reimbursement
- In case of cancelled orders, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.
- We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
- For the purposes of these Cancellation Rights, these words have the following meanings:
a. distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
b. sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.
- We will supply the Services with reasonable skill and care.
- We will provide the following after-sales service: The supplier will provide feedback to the customer for the lessons conducted.
- In relation to the Services, anything we say or write to you, or anything someone else says or writes to you on our behalf, about us or about the Services, is a term of the Contract (which we must comply with) if you take it into account when deciding to enter this Contract, or when making any decision about the Services after entering into this Contract. Anything you take into account is subject to anything that qualified it and was said or written to you by us or on behalf of us on the same occasion, and any change to it that has been expressly agreed between us (before entering this Contract or later).
Duration, termination and suspension
- The Contract continues as long as it takes us to perform the Services.
- Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:
a. commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or
b. is subject to any step towards its bankruptcy or liquidation.
- On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.
Successors and our sub-contractors
- Either party can transfer the benefit of this Contract to someone else and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
Circumstances beyond the control of either party
- In the event of any failure by a party because of something beyond its reasonable control:
a. the party will advise the other party as soon as reasonably practicable; and
b. the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery (and the right to cancel below).
- Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
- For the purposes of these Terms and Conditions:
a. 'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
b. 'GDPR' means the General Data Protection Regulation (EU) 2016/679.
c. 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.
- We are a Data Controller of the Personal Data we Process in providing the Services and Goods to you.
- Where you supply Personal Data to us so we can provide Services and Goods to you, and we Process that Personal Data in the course of providing the Services and Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
a. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
b. we will only Process Personal Data for the purposes identified;
c. we will respect your rights in relation to your Personal Data; and
d. we will implement technical and organisational measures to ensure your Personal Data is secure.
- The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to your business, trade, craft or profession which would not be suffered by a Consumer - because we believe you are not buying the Services wholly or mainly for your business, trade, craft or profession.
Governing law, jurisdiction and complaints
- The Contract (including any non-contractual matters) is governed by the law of England and Wales.
- Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
- We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 days
- These terms and conditions were created using a document from Rocket Lawyer (https://www.rocketlawyer.com/gb/en).
Model cancellation Form
To MockDrivingTest.com (c/o Vin Solutions Ltd) The Long Lodge 265-269 Kingston Road, Wimbledon, London, SW19 3NW Email address: [email protected] Telephone number: +44 203 129 7741 I/We[*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*] [for the supply of the following service [*], Ordered on [*]/received on [*]______________________(date received) Name of consumer(s): Address of consumer(s): Signature of consumer(s) (only if this form is notified on paper) Date [*] Delete as appropriate.