Terms of Business

1. WHAT THIS AGREEMENT COVERS. These are the terms and conditions which apply to the order form (which sets out certain details in relation to your order, including your details as a recipient and the delivery address) (the “Order Form”) and on which we agree to supply the vehicle specified on the Order Form (“Vehicle”) to you.

2. WHY YOU SHOULD READ THEM. This Agreement tells you who we are, how we will supply the Vehicle, how you may change or end the Agreement, what to do if there is a problem and other important information. If you think that there is a mistake in this Agreement or if there is anything you do not understand, or may not agree with, please ask any member of staff at the dealership where you placed the order.

3. INFORMATION ABOUT HIPPO VEHICLE SOLUTIONS LIMITED AND HOW TO CONTACT US.
   1. Who we are. We Hippo Vehicle Solutions Limited a company registered in England and Wales with company registration number 06215364 and our registered office at Trident Park, Trident Way, Blackburn, BB1 3NU.
   2. How to contact us. You can contact us:
      1. by telephone on 01254 919000; or
      2. by writing to us at Hippo Vehicle Solutions Limited, Trident Park, Trident Way, Blackburn, BB1 3NU or [email protected].
   3. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us with your order.
   4. “Writing” includes emails. When we use the words “writing” or “written” in this Agreement, this includes emails.
   5. ‘We‘ or ‘us‘ refers to Hippo Vehicle Solutions Limited as the seller of the Vehicle described on the Order Form. ‘You‘ refers to the customer as the purchaser of the goods described on the Order Form.

 

4. YOUR AGREEMENT WITH US.
   1. When you sign the Order Form, you accept the terms and conditions set out in this Agreement.
   2. 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. If we agree any variation in the Vehicle to be supplied, this will be deemed to be an amendment to the Agreement rather than a new agreement.
   3. 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.
   4. You are responsible for ensuring that the details on the Order Form and any applicable specification are complete and accurate.
   5. If we cannot accept your order, we will inform you of this and will not charge you for the Vehicle. This might be because the Vehicle is out of stock, a credit reference we have obtained for you does not meet our minimum requirements, we have identified an error in the price or description of the Vehicle or because we are unable to meet a delivery deadline you have specified.
   6. Where you pay for the Vehicle using third party finance, we will sell the Vehicle to the third party finance provider – please refer to clause 18

 THE VEHICLE

5. NEW VEHICLE: If the Vehicle ordered is a new vehicle, the following will apply:
   1. We undertake that the pre-delivery work specified by the manufacturer will be carried out and the Vehicle will be provided with the benefit of the manufacturer’s warranty.
   2. If, after the Agreement is entered into but before delivery of the Vehicle to you, the price is altered, we will give you notice of such alteration and:
      1. if the price is increased, you will be informed of the revised amount to be paid by you. If you do not agree to such increase, you will have the right to cancel the Agreement within 14 days of receiving notice of the increase and any deposit you have paid will be refunded in full. Should you fail to notify us that you do not accept the increase within the 14 days, the increased amount will be added to the final amount to be paid by you; or
      2. if the price is reduced, we will notify you of the reduced price you will be called upon to pay.
   3. If we are unable to deliver the model, specification or Vehicle ordered for any reason, whether before or after the estimated delivery date, we may cancel the Agreement and refund any deposit you have paid in full. This includes models no longer available due to model year changes.
   4. If we are unable to supply any accessory (factory fitted or otherwise) you have ordered as part of the specification, we will contact you and offer either to substitute a reasonable equivalent or to delete the accessory from the Agreement and adjust the purchase price accordingly. Subject to this, you shall have no claim against us in respect of our failure to supply any accessory and shall not be entitled to cancel the Agreement.
   5. We reserve the right to amend the published specification of vehicles without notice.
   6. If you are collecting the Vehicle from our premises, the mileage at delivery will be generally less than 200 miles and will be no more than 500 miles. If the Vehicle is being delivered to the customer’s address, the delivery mileage will be greater by the delivery distance covered.

6. USED VEHICLE: If the Vehicle is a used vehicle, the following will apply:
   1. Where the Vehicle supplied under the Agreement is still subject to the manufacturer’s or (as appropriate) concessionaire’s warranty, it will be sold with the benefit of such warranty. Where you are purchasing as a consumer, this warranty is additional to your statutory rights and is not affected by any change of ownership of the Vehicle.
   2. Where the warranty is available to us, we will provide you with a copy of the manufacturer’s warranty terms on delivery.
   3. The mileage at delivery will generally be within 1000 miles of that shown on the Order Form. If the Vehicle is being delivered to the customer’s address, the delivery mileage will be greater by the delivery distance covered.

7. PART-EXCHANGE VEHICLE: Where we have agreed that you will sell us a vehicle in part-exchange, and its value as agreed with us is to be taken off the purchase price of the Vehicle we agree to supply, the following will apply:
   1. You agree and warrant to us:
      1. that you own the vehicle to be taken in part-exchange absolutely and can transfer ownership to us; or
      2. that if someone else has an interest in the part-exchange vehicle, you will settle that interest so that we become the absolute owners when we take delivery. However, if you wish us to clear that interest for you by paying them a sum of money, the allowance for the part-exchange vehicle will be reduced by that amount.
   2. If we have examined the part-exchange vehicle before entering into this Agreement with you, or you have described the condition of the part-exchange vehicle to us verbally, the vehicle shall be delivered to us in the same condition but allowing for the fair wear and tear which may have occurred in the meantime. If there is any variation in condition, service history or mileage to that previously seen or described but allowing for additional mileage covered between the Agreement and delivery pro-rata to that already covered at the time of Agreement, we will adjust the price offered for the part-exchange to take into account such variations and you will pay us any additional sum due as a result.
   3. The price offered for the part-exchange remains valid until the ‘Part-exchange Offered Price Date Expired’ shown on the Order Form. If the part-exchange vehicle is delivered to us later than this date, we will revalue the part-exchange in line with market conditions and advise you of any change to the amount you may need to pay us. If this is due to a delay in the delivery of your new Vehicle, please refer to clause 24.
   4. The vehicle to be taken in part-exchange shall be delivered to us no later than the date you take delivery of the Vehicle you have ordered. If you do not deliver the part-exchange vehicle at or by the time the Vehicle you have ordered is ready for delivery, you may not be able to take the Vehicle you have ordered, and you might be in breach of the Agreement and liable to us to pay compensation for any losses we may suffer as a result. Such payment to be made within 30 days of our notification to you demanding the same.
   5. Subject to clause f below, ownership of the Vehicle ordered will be transferred to you and that of the part-exchange to us when you take delivery of your order.
   6. If you choose to sell us your part-exchange before taking delivery of your new Vehicle, title for the part-exchange will pass to us at that point. If you subsequently do not take delivery of the new Vehicle for any reason, we shall not be obliged to return the part-exchange vehicle to you, but may refund you the part-exchange allowance offered less any amount we may have paid to settle any interest in the vehicle as specified in clause b.
   7. If you fail to satisfy any of these conditions, we will not be obliged to accept your vehicle in part-exchange or to make any allowance for it and you might as a result be required to pay the whole purchase price for the Vehicle you have ordered before you can take delivery. Such payment to be made within 30 days of our notification to you demanding the same.

8. ACCESSORIES: Any accessories fitted or supplied by us will be covered by any warranty given by the manufacturer of those accessories.

9. VEHICLES MAY VARY SLIGHTLY FROM PICTURES. Any images of the Vehicle in our brochures on online are for illustrative purposes only and we cannot guarantee that a device’s display of the colours or the printed pictures in any marketing materials accurately reflects the colour and/or trim of the Vehicle. Your product may vary slightly from those images.

10. VEHICLES MAY VARY FROM SPECIFICATION. All specification details are provided by CAP HPI. Although we do our best to make sure this is correct, there may be times where CAP HPI makes an error and the specification does not match the Vehicle. If a specific feature is important to your purchase decision, please speak with a member of our team to confirm the specification. It is your responsibility to inspect the Vehicle on delivery and ensure that this aligns with the specification. We give no warranties in relation to any CAP HPI specifications.

11. MAKING SURE YOUR INFORMATION IS ACCURATE. If we are making or adjusting any aspect of the Vehicle which we are providing to your specification, you are responsible for ensuring that any specification is correct (including, where relevant, any measurements you provide).

 RESERVATIONS

12. If we have to source your Vehicle from a third party supplier or reserve it for you, we may charge a fee for this and other internal administrative tasks we have to undertake to allocate the Vehicle to your order. In relation to any such reservation, the following will apply:
    
    294. you will be charged a sum of up to £294.00 (“Reservation Fee”) to cover the cost of sourcing your Vehicle as a fair and reasonable reflection of the costs of the work we will undertake on your behalf when you place your order;
    295. the Reservation Fee is non-refundable; and
    296. payment of the Reservation Fee does not form a legally binding contract for the sale of the Vehicle.

 PRICE & PAYMENT

13. The price of the Vehicle (which includes VAT) will be the price set out in the Order Form. If you are not taking finance, you must pay for the Vehicle as specified on the Order Form. We accept payment by:
    1. Bank Transfer;
    2. Card – Customer present (Chip and Pin);
    3. Card – Customer not present – up to £2,000.00;
    4. Worldpay – up to £2,000.00;
    5. Cocoon – up to £2,000.00; or
    6. Cash – up to £2,000.00.

14. Taxes, Tariffs and Statutory Changes. In the event of the imposition of any taxes, tariffs or other statutory charges or changes to any such already existing, for example, changes to the rate of value added tax, road fund licence (vehicle excise duty) or first registration fee changes between the date of order and the date of delivery, you must pay the amount current at the point of delivery.

15. What happens if we got the price wrong. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may terminate the Agreement and refund you any sums you have paid.

16. We can charge our cost of recovery if you pay late. If you do not make any payment to us or If we are unable to collect any payment from you by the due date and we have to incur the cost of instructing recovery agents, we can pass on the cost of recovery to you.

 FINANCE ARRANGEMENTS

17. Credit checks: On applying for a finance or lease product via any of our communication channels, your information will be used initially to conduct a soft credit search. This will not register as a full check on your file and will eliminate any unnecessary checks on your credit profile and allows us to get you an approval in principle with the lender that is best suited to your circumstances. If you qualify with a prime lender, further details will be required to gain a full approval, this will then register as a hard search, the rest of our lending panel only register a hard search when you have decided to go ahead with a vehicle and the agreement goes live.

 If you have applied for a specific type of product, such as contract hire, but are unsuccessful for that type of credit line, we may offer other alternatives that may be more suitable to your circumstance as part of the application process. 

18. If you finance your Vehicle from a third-party finance provider, you must understand that we will no longer sell the Vehicle to you. We will sell it to the finance provider who will supply it to you on the terms of the finance agreement. The finance provider will own it until you get title to it under the terms of the finance agreement. Notwithstanding that we are no longer selling the Vehicle to you, you understand that you will still be bound by this Agreement to the extent applicable.

19. Cancellation when you have entered into a finance agreement. If you have entered into a finance agreement to pay for the Vehicle, you will be given a right to change your mind and withdraw from the finance agreement under s66A of the Consumer Credit Act 1974 without giving any reason. The exact terms of the right to withdraw will be set out in the finance agreement itself. If you exercise the right, it will bring the finance agreement with the finance provider to an end. It does not automatically mean that you can pull out of buying the Vehicle but, where applicable, you may be able to rely on your right to cancel in accordance with clause 32

20. If you wish to cancel in accordance with clause 32 below, you must at the same time tell your finance provider that you wish to withdraw from the finance agreement by calling them or writing to them on the contact details provided in the finance agreement.

 CHANGES PRIOR TO COLLECTION OR DELIVERY

21. YOUR RIGHTS TO MAKE CHANGES. If you wish to make a change to the Vehicle you have ordered, please contact us. We will let you know if the change is possible and let you know about any changes to the price of the Vehicle, the timing for delivery or anything else which would be necessary as a result of your requested change and ask you to confirm whether or not you wish to go ahead with the change.

 

22. OUR RIGHTS TO MAKE CHANGES.
    1. Minor Changes to the Vehicle. We may change the Vehicle:
       1. to reflect changes in relevant laws and regulatory requirements; and
       2. to implement minor technical adjustments and improvements, for example to address a security threat.

These changes should not affect your use of the Vehicle but if we think that they may then we will explain this to you.

1. More Significant Changes to the Vehicle and This Agreement. We may make more significant changes to the Vehicle or this Agreement, but if we do so we will notify you and explain the changes and their impact. If you do not agree to these changes then you may then contact us to end the Agreement (in line with clause 31) and receive a full refund before the changes take effect.

 YOUR OBLIGATION TO SUPPLY INFORMATION

23. WHAT WILL HAPPEN IF YOU DO NOT GIVE REQUIRED INFORMATION TO US. We may need certain information from you so that we can supply the Vehicle to you and provide any associated services. If so, we will ask you for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the Agreement (in line with clause a) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Vehicle or any services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

 DELIVERY

24. We will only deliver the Vehicle to the residential address stated on the Order Form and cannot deliver to any alternative address. Only you are authorised to receive the Vehicle on delivery. Also:
    1. while we will make every effort to deliver the Vehicle ordered by the estimated delivery date, we will not be liable for any claim for compensation or loss of any description (including any variation in part-exchange valuation) that may result from delay due to reasons beyond our control. If delay arises in this way, we will contact you to agree an alternative delivery date;
    2. if we fail to deliver the Vehicle within 28 days of the estimated delivery date, you may tell us in writing that you require delivery within seven days from the date of receipt by us of the notice. If the Vehicle is not delivered to you within the seven days, this Agreement will be cancelled, and any deposit paid will be returned and neither party will have any further responsibility to the other;
    3. on delivery of the Vehicle, you must show your photographic UK driving licence to us to verify your identity and address. We may also accept a utility bill in your name to verify your address. We may refuse to deliver the Vehicle if you do not provide this identification when we ask;
    4. in relation to new Vehicles ordered in line with clause 5, you acknowledge that delivery may be made by a third party supplier. In such circumstances, if you attempt to make any changes to the delivery including the Delivery Date, the third party supplier may charge additional fees for such changes which you will be solely responsible for; and
    5. on delivery, you must confirm receipt to us. You must sign our receipt to confirm that you have received the Vehicle, and that it meets the specification in the Order.

25. Risk in the Vehicle will pass at the dealership detailed on the Order Form unless otherwise agreed.

 COLLECTION

26. You will be able to collect the Vehicle from the premises stated in the Order Form. Only you are authorised to collect the Vehicle. Also:
    1. while we will make every effort to prepare the Vehicle ordered by the estimated collection date, we will not be liable for any claim for compensation or loss of any description (including any variation in part-exchange valuation) that may result from delay due to reasons beyond our control. If delay arises in this way, we will contact you to agree an alternative collection date;
    2. on collection of the Vehicle, you must show your photographic UK driving licence to us to verify your identity and address. We may also accept a utility bill in your name to verify your address. We may refuse to permit the collection of the Vehicle if you do not provide this identification when we ask;
    3. on collection, you must sign our receipt to confirm that you have received the Vehicle, and that it meets the specification in the Order;
    4. if you cannot collect the Vehicle on the collection date for any reason, you much contact us to rearrange another date for collection; and
    5. if you fail to collect the Vehicle on the collection date, we will store the Vehicle for a period of five working days, after which we would exercise our rights to cancel the Agreement in accordance with clause a.iv33.a.iii.

27. Risk in the Vehicle will pass at the dealership detailed on the Order Form unless otherwise agreed.

 OWNERSHIP & LEGAL RESPONSIBILITY

28. OWNERSHIP AND LEGAL RESPONSIBILITY – CASH PURCHASE. where you pay for the Vehicle yourself (and have not entered into a third-party finance agreement), ownership of the Vehicle will pass to you once: (i) we have received full payment of the purchase price (and any other amounts due) in cleared funds; (ii) we have accepted your part exchange car as partial payment of the purchase price (if applicable); and (iii) you have accepted delivery by signing our delivery acceptance note.
29. OWNERSHIP AND LEGAL RESPONSIBILITY – FINANCE PURCHASE. Where you have entered into a third-party finance agreement you should be aware that ownership of the Vehicle will remain with the finance provider and the finance agreement will set out when and if title to the Vehicle will pass to you.

CANCELLATION

30. CANCELLATION BEFORE VEHICLE DELIVERY You may cancel this Agreement at any time before the Vehicle has been delivered and paid for, by notifying us in writing. If you cancel without a qualifying reason (as set out in Clause 2), we may recover reasonable, evidenced administrative costs or direct losses incurred as a result of your cancellation. We will always aim to keep such costs to a minimum and will provide a breakdown upon request. No flat or fixed penalty fees apply.
31. CANCELLATION DUE TO CHANGES OR DELAYS You are entitled to cancel the Agreement immediately and receive a full refund of any payments made for the Vehicle and associated services (if not provided or not provided properly), in any of the following situations: We notify you of a significant change to the Vehicle or Agreement terms that you do not accept; We notify you of a pricing or specification error which you do not wish to proceed with; Supply of the Vehicle is expected to be delayed by more than one month due to circumstances outside our control; Delivery or collection is suspended or delayed for technical reasons for a period of more than one month. These rights are in addition to your statutory rights.
32. DISTANCE AND OFF-PREMISES CONTRACTS (CONSUMER RIGHTS) If you are a consumer and this Agreement was concluded: entirely without face-to-face contact; or at a location other than our business premises (e.g. your home), you have a statutory right to cancel within 14 days from the date you receive the Vehicle, under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. To cancel, please notify us in writing (e.g. by email to [email protected]). Vehicle Return Obligations: You must return the Vehicle to us at your own cost, in the same condition and specification in which it was delivered, including all accessories and documentation such as: Service packs, manuals, handbooks Locking wheel nuts, keys, tools Entertainment systems or accessories If you are unable to return the Vehicle yourself, we can arrange collection at a fixed charge of £1.00 (inc. VAT) per mile, calculated from the collection address to our premises using a reputable online mileage calculator. The Vehicle must be made available for collection on a mutually agreed date, within 14 days of cancellation. Deductions for Usage and Condition: We may deduct from your refund a reasonable amount reflecting: Usage beyond necessary handling, as would reasonably occur when appraising or test-driving a vehicle (e.g. excess wear or interior damage) Excess mileage over 10 miles, charged at £0.50 (inc.VAT) per mile Damage, soiling, or modification affecting the resale value Where the V5C registration document has been issued, it must be returned to us before any refund is processed. Refunds will be issued within 14 days of receiving the returned Vehicle and V5C, using the same payment method where possible. Modifications or Alterations: If the Vehicle has been materially altered, personalised or adapted (e.g. bodywork changes, aftermarket parts, respraying), your right to cancel under this clause may be void. Please contact us for clarification before making changes.
33. FINANCE AGREEMENTS If this Agreement is linked to a third-party finance agreement, you must notify your finance provider in writing of any cancellation. You are responsible for any early termination fees charged by your finance provider, which are separate from our charges. We aim to minimise such costs but cannot guarantee waiver of third-party fees.
34. OUR RIGHT TO CANCEL We may cancel the Agreement and refund any amounts you have paid (less any reasonable, evidenced costs where applicable) if: You do not pay us when due, even after reminder; You fail to provide information necessary to fulfil your order (e.g. customisation details); You fail to accept or collect the Vehicle within 14 days of notification; or You fail to comply with any agreed collection arrangements. In such cases, we will refund any payments received minus any directly attributable costs incurred due to the cancellation. These will be documented and disclosed on request. No fixed or penalty fees will apply.
35. YOUR STATUTORY RIGHTS Nothing in this Agreement affects your legal rights under the Consumer Rights Act 2015, the Consumer Contracts Regulations 2013, or any other applicable consumer legislation. These terms are designed to ensure transparency, fairness, and compliance with all relevant regulations.

IF THERE IS AN ISSUE WITH THE VEHICLE – HOW TO RESOLVE

36. IF THERE IS A PROBLEM WITH THE VEHICLE How to tell us about problems. If you have any questions or complaints about the Vehicle, please contact us. You can telephone our customer service team at 01254919000 or write to us at Hippo Motor Group, Trident Park, Unit 26, Blackburn BB1 3NU or [email protected]. Your legal rights. We are under a legal duty to supply vehicles that are in conformity with this Agreement and nothing in this Agreement will affect your legal rights available to you under the applicable laws. This may include the right to reject, repair or replace the Vehicle. These rights are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. Your obligation to return the rejected Vehicle. If available to you and you wish to exercise your legal rights to reject the Vehicle, you must either return it in person to where you bought them or allow us to collect it from you. We will pay the costs of delivery or collection – please contact us to discuss how best to arrange this. Mileage and Condition: If you end the Agreement following 30 days after the Vehicle has been dispatched to or collected by you, you will be responsible for reasonable compensation to reflect any reduction for use of the Vehicle after it was delivered to you. This will be recorded at the time of collection and will be valued when the Vehicle arrives at our premises. Excess mileage over the allowed 10 miles will be charged at 50p per mile. Details of these costs will be notified to you and we may either charge you for the same or deduct it from any monies we hold (or both, if necessary).

 OUR RESPONSIBILITY FOR LOSS OR DAMAGE

37. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with this Agreement, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Agreement or our failing to use reasonable care and skill, but, except as set out in clause 36, we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Agreement was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
38. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the goods, as summarised at clause b; and for defective products under the Consumer Protection Act 1987.
39. We are not liable for business losses. We only supply the Vehicle for private use. If you purchase or use the Vehicle for any commercial, business or re-sale purpose: we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

 OTHER IMPORTANT TERMS

38. Notices: Any notice provided for in this Agreement must be in writing and be sent by first class post to the residence or place of business of the person to whom it is addressed. It will be assumed that such a notice has been received by the addressee no later than two days after posting.
39. Any telephone calls made between you and us may be recorded, and the contents of such conversations used to support this Agreement.
40. It is our responsibility to supply you with goods that meet your consumer rights. If you have any concerns that we have not met our legal obligations, please contact us. In the event of a complaint, in the first instance please address your concern to our Hippo Customer Care Team at the purchasing branch. If the issue remains unresolved, please contact [email protected].
41. Data Protection: Data Protection legislation requires us to have a Data Privacy Notice (see Notice on our website or in one of our dealerships) which informs you how we process your data while in our possession. If at any time you wish to opt out of any communication from us or wish for your personal details to be amended or deleted from our records, please email your request to: [email protected].
42. Even if we delay in enforcing this Agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under this Agreement, or if we delay in taking steps against you in respect of your breaking this Agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
43. Which laws apply to this Agreement and where you may bring legal proceedings. This Agreement is governed by English law, and you can bring legal proceedings in respect of the Vehicle in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Vehicle in the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Vehicle in either the Northern Irish or English courts.
44. Alternative Dispute Resolution. We subscribe to third-party conciliation services and adhere to their codes of practice; we will always attempt to resolve any disputes quickly and efficiently. However, if you are a consumer and remain dissatisfied with the outcome and explanation we have provided, you have the right to escalate the matter to the FOS or any of the following optional providers of Alternative Dispute Resolution (“ADR”) who offer conciliation and arbitration. Their decision will be legally binding on both us and you, as the consumer.