Terms and conditions
TERMS AND CONDITIONS
The terms below govern your use of this website and by accessing this website you agree to be bound by them. If you do not accept these terms, please do not use the website.
We may change these terms at any time without notice by updating the terms shown on this website. It is your responsibility to review the website terms each time you enter the website to ensure you are aware of our latest terms and conditions. Your use of this website after a change has been made signifies your acceptance of the revised terms.
This website is made available free of charge and for personal use only and is not to be used for any commercial purpose.
You may not copy, reproduce or use any material, including third parties material, names and logos, on this website without our express permission. All copyright and intellectual property is reserved.
INFORMATION IN THIS WEBSITE.
Whilst we have made every effort to ensure the information on this website is up to date and accurate you must not rely on any information on this website and we do not accept liability if you do. Always check with us for precise information on vehicle model features, specifications and equipment, and in the case of used vehicles, current mileage details before ordering a vehicle.
Words, images and other content on this website are produced without them making any representation or implying any warranty as to suitability of the product or service, satisfactory quality or fitness for a particular purpose. If you have any doubt as to the suitability of a product or service for your proposed purpose please ask us.
Always check the terms on which any product or service is supplied before making any commitment. Copies of vehicle finance agreements and detailed insurance policies and summaries of cover and other product or service terms are available on request.
We can introduce you to a limited number of lenders who may be able to offer you finance facilities for your purchase. We will only introduce you to these lenders. We may receive a commission payment from the finance provider if you decide to enter into an agreement with them. You may be able to obtain finance for your purchase from other lenders and you are encouraged to seek alternative quotations.
You should seek your own independent financial advice in relation to any taxation or accounting matters referred to on this website.
PRODUCTS AND SERVICES.
The provision of details of products and services on this website are not, and should not be construed as, an offer to sell or supply such products or services.
All products and services on this website are subject to availability and may be withdrawn without notice. All products and services and all prices are also subject to change without notice.
All finance and hiring facilities are subject to status and available to companies and persons aged 18 or over in the UK only (excluding the Channel Islands and Isle of Man). Guarantees and indemnities may be required.
All insurance products outlined on this website are administered, underwritten and serviced by carefully selected insurance providers. For all insurance products, certain exclusions and eligibility criteria apply. A full summary of cover and detailed policy terms for each insurance product is available upon request.
TERMS AND CONDITIONS FOR INDIVIDUAL PRODUCTS AND SERVICES.
These website terms should be read in conjunction with the separate terms and conditions for the sale or supply of the individual products or services which are referred to on this website. In the event of any inconsistency between these terms and the specific product or service terms and conditions, the latter shall prevail.
ACCESS FROM OUTSIDE THE UK.
The vehicle and product specifications on this website are, unless stated otherwise, for the UK market only. These specifications (including what is optional and what is standard equipment) may vary in other markets. However some vehicle images may be of models supplied in other markets, for example showing left-hand drive, and not reflecting specifications in the UK.
Unless otherwise stated, the finance, leasing and insurance products and services on this website are available only to residents of the UK (excludes the Channel Islands and Isle of Man).
The information and other materials contained in this website may not satisfy the laws in countries outside the UK. If you choose to access this website from outside the UK you are responsible for ascertaining to what extent local laws are applicable and compliance with local laws. Any telephone numbers and charges shown only apply to calls made from within the UK.
MODERN SLAVERY STATEMENT.
This statement is written and published as required by section 54(1) of the Modern Slavery Act 2015 and constitutes our Group’s slavery and human trafficking statement for the financial year ended 31 December 2019.
Berry BMW and MINI represent two of the leading car brands of the world, as well have providing a trade parts supply service for vehicles. Our commercial activities include
- The sale of new and used vehicles,
- The arranging of finance to enable customers to purchase vehicles,
- The sales and distribution of car parts, and
- The maintenance, service and repair of vehicles
Although each supplier has its own approach towards and responsibility for running its business ethically, the Berry Group will not tolerate any modern slavery or human trafficking in its business or supply chain that it discovers.
We have taken a number of steps to ascertain that slavery and human trafficking are not taking place in any of our supply chains. As a first step, we have undertaken an analysis of our sources of direct supply. More than 90% of our direct supply comes from organisations that are, themselves, required to publish statements setting out the steps that they have taken in this regard. We have reviewed those statements, where available, and will continue to do so periodically. We will work with our suppliers to develop policies and procedures to ensure that we do not engage in business practices or activities that compromise fundamental human rights including all aspects of modern slavery.
Our initial analysis has not yielded any concerns in our present supply chains.
With regards to the remainder of our supply chains, we will continue to consider whether it may be proportionate to take further steps in the light of the risks posed in relation to such supply and the degree of influence that we may have over the relevant suppliers.
New suppliers to the Company are also informed of our ethical approach, including the prohibition of modern slavery, when tendering for new services.
If the supplier fails to comply with the modern slavery clauses, then the Company may terminate the contract with that supplier.
Because we recognise the need to ensure that our employees are fully aware of the need to avoid contracting with suppliers who rely upon slavery and human trafficking, we are taking steps to inform our colleagues to ensure that they understand their obligations.
On behalf of the Board of Directors by Wayne Berry, Managing Director
GENDER PAY GAP.
To view our gender pay gap policy, please click here.
TAX STRATEGY STATEMENT AND POLICIES
In compliance with Paragraph 17(4) schedule 19 Finance Act 2016, Berry Group Holdco Limited and its direct subsidiaries (Marsh Wall Property Holdings Limited and Marsh Wall Limited, together the Berry Group) consider that the publication of the information below constitutes publication of the Group’s tax strategy for the purposes of Paragraph 16(2) Schedule 19 Finance Act 2016
This document which has been approved by the board of Directors of Berry Group Holdco Limited, sets out the Group’s approach to conducting its tax affairs and dealing with tax risks for the year ending 31 December 2022.
All references to Tax are assumed to include all forms of direct and indirect taxation paid by the Group including VAT, Corporation Tax, SDLT, and all Payroll taxes.
This tax strategy applies to all entities within the Berry Group. It applies to all directors and employees whose actions or responsibilities impact upon the management of Taxation.
The Berry Group is committed to:
• Following all applicable laws and regulations relating to its tax activities.
• Maintaining an open and honest relationship with the tax authorities based on collaboration and integrity.
• Ensuring that the tax strategy adopted is consistent with the Group’s overall strategy, which is risk averse. Commercial needs will not override compliance with applicable laws.
• Applying care and diligence in our management of tax risks, ensuring that our tax governance is appropriate and decisions are taken at an appropriate level.
• Using incentives and reliefs to minimise the tax cost of conducting our business while ensuring that these reliefs are not used for purposes which are knowingly contradictory to the intent of the legislation.
The group is committed to applying diligence and care in our tax management processes and procedures and ensuring that tax governance is appropriate, with accountability for the tax strategy resting with the Board of Directors. The delivery of the strategy and the overall responsibility rests with the Finance Director who holds the role of Senior Accounting Officer.
Our tax strategy and policies require that our dealerships fully comply with all appropriate UK tax law.
Berry Group utilises Accounting and payroll software that are typically industry standard and are recognised by HM Revenue and Customs.
Where there is uncertainty in how the relevant tax law should be applied, we seek external advice from our tax, accounting, property and legal advisors. All of which we ensure qualified, respected and reputable firms which are suitably experienced to provide us with the required level of professionalism.
Risk assessments will be made for all significant business transaction, acquisitions, disposals, changes in structure or for any new process implemented which may affect tax compliance.
Risk assessments will include:
• Description of the issue;
• A cost/benefit analysis all financial and non financial costs and benefits;
• Assessment of the likelihood of the risk materializing;
• Actions to further minimise the risk;
The Group has clearly defined lines of responsibility for its tax affairs, with decisions being taken in line with the Group’s tax authority thresholds, ensuring that they are taken at an appropriate level.
The group does not undertake any tax planning which HM Revenue and customs consider to be aggressive and the group is not involved in the implementation of any schemes which are notifiable under the Disclosure of Tax Avoidance Schemes (DOTAS) legislation.
The tax strategy and policies are reviewed on an on-going basis by the Board of Directors. Tax strategy and policy issues and/or any changes in HMRC legislation from the UK government budgets, are monitored and assessed on a case by case basis by the Group Finance Director and her team.
Approach towards dealings with HMRC
The Group is committed to the principles of openness and transparency in its approach to dealing with HMRC, and in particular the Group commits to:
• Adopt open, honest and collaborative professional relationships at all times with HMRC.
• Engage in full, open and early dialogue with HMRC to discuss tax planning, strategy, risks and significant transactions.
• Make fair, accurate and timely disclosure in correspondence and returns, and respond to queries and information requests in a timely fashion.
• Seek to resolve issues with HMRC in real time and before returns are filed if possible, and where disagreements arise work with HMRC to resolve issues by agreement where possible.
• Be open and transparent about decision-making, governance and tax planning.
• Reasonably believe that transactions are structured to give a tax result which is not inconsistent with the economic consequences (unless specific legislation anticipates that result), nor contrary to the intentions of Parliament.
• Interpret the relevant laws in a reasonable way, and ensure transactions are structured consistently with a co-operative relationship.
Signed on behalf of the Berry Group
Senior Accounting Officer
This Privacy Statement is provided by Marsh Wall Limited, (referred to as "Berry Group”, “Berry BMW” or “Berry MINI", "us", "our" or "we" in this statement) for the information of visitors (referred to as "you" or "your" in this statement) to our web site.
We confirm that we take your right to privacy seriously.
The information contained in this Privacy Statement shall be governed and construed in accordance with English law and be subject to the exclusive jurisdiction of the English courts.
Data Protection Act and GDPR
We are registered with the Information Commissioners Office (ICO) as a data controller.
Information collected by Berry Group
In the normal course of business, we need to gather some personal information from you when you wish to buy our products or services. The full details of the information we need is set out on the relevant forms throughout the website. Any information that is gathered from visitors to or customers of this web site is not sold, made available to, or otherwise distributed to third parties for any purpose unless you give us permission to do so. We may, on occasions, collect additional personal information from surveys and contests, which you will be under no obligation fill in or return to us. The information you provide will enable us to provide information about our company to you and to contact you. We will ask you for your consent when you initially contact us. We will only provide this information where you indicate that you wish to receive further information from us on a regular basis. We also collect demographic and profile data on our web site. This information may be combined with other forms of information to permit us to bring together, in aggregate form, information about the people who use our web site. Such information will enable us to understand, in general terms, user preferences in relation to the content of the web site and the effectiveness of the advertising.
Information that is automatically logged
When you enter our web site, we use your Internet protocol ("IP") address to help diagnose problems with our server, to administer our web site and to help identify you. We also have the ability to know what type of operating system and browser software you use and to identify the geographical location of your browser. Your IP address is also used by us to gather broad demographic information and for other purposes, such as monitoring visitor frequency.
What we do with the information we collect
The information in aggregate form permits us to carry out an analysis of user behaviour in general. This allows us to measure overall interest in our web site and to help us develop the web site to make it more interesting in general terms. We will also be able to inform advertisers how many users have clicked on to the various advertisements displayed on our web site. The analysis we perform does not include any personal information provided by you. We merely use the aggregate form of the information for these purposes. We will not provide any personal information to any third party unless you give us specific authority to do so. You have the option on the relevant order form to indicate whether you wish to receive promotional e-mail about the services that we and our advertisers offer. We will not send you any such promotional e-mail if you do not indicate your agreement to receive such information.
We share the information we gather with advertisers and other partners. The information we share comprises information in aggregate form only. We do not share personal information about anybody unless we have your specific permission to do so.
Registration and order forms, surveys and contests
Our order forms, surveys and contests ask you to provide us with your contact details, such as name, postal and e-mail addresses. The information you provide will enable us to provide information about our company to you and to contact you. We will only provide this information where you indicate that you wish to receive further information from us on a regular basis.
Managing the information we hold about you
You are entitled to make a subject access request to us regarding any personal data we hold on you. We will only send this information to the contact details we already have on file. Please see below for details about how to contact us;
If you request the removal of your personal information from our database or you wish us to amend or change the information we hold about you on our database, we will remove or amend (upon being shown proof of change) any such information within the prescribed timeframe.
We aim to respond to any requests for information promptly and in any event within one month.
Should you want to complain about our use of personal data, please see below for details of how to contact us.
You also have the right to complain to the Information Commissioners Office (ICO). For further information on your rights please refer to the ICO website.
If you have any questions about this privacy statement, about our Data protection policy or to tell us you do not want to receive future communications from us, please contact us at email@example.com.
Registered Name: Berry
Company Registered Number: 6319869
Place of Registration: England
Registered Office Address: 6 Shield Drive, Brentford, Middlesex, TW89EX
VAT Number: 346 6239 83
Email Address: firstname.lastname@example.org
FCA Status Disclosure
Marsh Wall Limited is an Appointed Representative of South Quays Limited who is authorised and regulated by the Financial Conduct Authority (FCA) for insurance distribution activity only (Firm Reference Number 528881).
Marsh Wall Limited is authorised and regulated by the Financial Conduct Authority (FCA) for consumer credit activity (Limited Permissions) (Firm Reference Number 678762). Marsh Wall Limited is a Credit Broker and not a lender.
SECTION 172(1) STATEMENT
The Board of Directors consider, both individually and together, that they have acted in good faith, which in turn has promoted the success of the company for the benefit of its members as a whole (having regard to the stakeholders and matters set out in s172(1)(a)-(f) of the Companies Act 2006) in the decisions taken during the year ended 31 December 2020.
Our plan is designed to have a long-term beneficial impact on the company and to contribute to its success in delivering a high quality of service across all our operations.
Our team members are fundamental to the delivery of our plan, and we have made significant strengthening to the senior team over the last 6 months. Our aim is to be a responsible employer in our approach to the pay and benefits of our team members. The health, safety and well-being of our team members is one of our primary considerations in the way we do business. Engagement with our suppliers and customers is also key to our success. We meet with our manufacturing partners regularly throughout the year and we have policies in place and will take the appropriate action, when necessary, to prevent involvement in modern slavery, corruption, bribery and breaches of competitionlaw.
Our plan takes into account the impact of the Group's operations on the community, the environment and our wider social responsibilities, and in particular how we comply with environmental legislation and introduce waste-saving initiatives. We have paid particular attention to the new acquisitions to ensure they also fit into this ethos.
The Board behaves responsibly and in turn ensures that the management operate the business in a responsible manner, with high standards of business conduct and good governance which will contribute to the delivery of our plan. The intention is to build and nurture our reputation, through the delivery of the plan, which reflects our beliefs and culture.
BMW (UK) Limited (BMW) is committed to providing products and service of the highest standard. But we do understand that sometimes things can go wrong. If you have a concern or are dissatisfied in any way, we’ll do our best to help resolve the situation in a fair and transparent way.
BMW will investigate all complaints competently, diligently and impartially obtaining additional information as necessary. Every complaint will be assessed fairly, consistently and promptly taking into account all relevant factors to ensure a fair outcome for you.
Step 1: Discussion with your BMW Centre.
If you have a concern with either your vehicle or the service you have received at your BMW Centre, please firstly raise this with the Service Manager or Head of Business at the BMW Centre itself. They are best placed to address your concerns and if required, will contact us directly on your behalf.
Step 2: Contact us.
Should you remain unhappy with your BMW Centre’s response, please contact us by your preferred method from the list below.
Write to us at:
BMW (UK) Limited
Call us on: 0370 5050 160
Calls are charged at the local rate, plus your phone company's access charge.
8am - 7pm Monday to Friday
Email us at:
What you will need to provide.
To help us investigate and try to resolve your complaint, please provide us with the following information:
- your name and address;
- details of how we can contact you;
- a clear description of your complaint;
- details of what you would like us to do to rectify the situation; and
- if appropriate, copies of any relevant supporting documentation.
Our commitment to you.
We’ll thoroughly investigate your complaint and offer a fair response that will take into account all the information available to us.
We will do our best to resolve your complaint quickly, sending a Summary Resolution Letter if your complaint can be resolved by close of the third business day following receipt. If your complaint relates to our credit broking activities and cannot be resolved by close of the third business day, we will:
- within 5 working days, provide a written acknowledgement of your complaint and give you the details of who is handling the case and how to contact them
- keep you updated on the progress of your complaint, and
- within 8 weeks of receiving your complaint, we will either: write to you with our final response and the reasons for providing this response, or explain why we are not in a position to give you a final response and let you know when we expect to be able to provide it.
In some cases we’ll need to contact your BMW Centre for more information. If appropriate, we may refer the complaint directly to them for information or action.
We may not always provide the answer you are looking for, but we’ll make sure we offer a clear explanation for our decision.
If your complaint relates to a finance agreement with BMW Financial Services, please click below for details on BMW Financial Services’ complaint handling procedure.Find out more
Step 3: What if I remain unhappy with your response?
If you are dissatisfied with either our final response, or the reasons for any delay in providing our final response you may be able to ask the Financial Ombudsman Service for an independent review.
To be able to ask them for an independent review your complaint must be in relation to our credit broking activities that is to say any marketing material or recommendations we make in relation to any finance offers from MINI Financial Services, a trading name of BMW Financial Services (GB) Limited, and you must have given us the opportunity to find a resolution first. You must also be a private individual, or a business, charity or trust with an annual turnover of less than 2 million euros and fewer than 10 employees.
If you wish to pursue your complaint to the Financial Ombudsman Service you must do so within 6 months from the date on which we send you our final response letter. The Financial Ombudsman’s details are:
The Financial Ombudsman Service
Telephone: 0800 0234 567
You may also raise a complaint with any of the trade bodies listed below.
THE MOTOR OMBUDSMAN.
The Motor Ombudsman is the UK's government-backed, self-regulatory body for the motor industry.
Fully-impartial, it is the first ombudsman to be focused solely on the automotive sector, and self-regulates the UK’s motor industry through its comprehensive Chartered Trading Standards Institute (CTSI)-approved Codes of Practice. BMW is accredited to the Motor Industry Code of Practice for New Cars.
Over 7,500 businesses, are accredited to one or more of the Codes covering new cars, sales, vehicle warranties and servicing and repair. These drive even higher standards of work and service, and give consumers added protection, peace of mind and trust during the vehicle purchase and ownership experience.
The Motor Ombudsman
71 Great Peter Street
Telephone: 0345 241 3008
THE EUROPEAN COMMISSION’S ONLINE DISPUTE RESOLUTION SERVICE.
European legislation guarantees consumers:
- fair treatment;
- products which meet acceptable standards;
- a right of redress if something goes wrong.
To help ensure that companies meet the standards set by the European Parliament, consumers now have the right to address their complaint to the European Commission’s Online Dispute Resolution (ODR) Service. For full details please go to: https://ec.europa.eu/consumers/odr/