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

June 2020

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.

Tax Governance

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.

Risk management

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;

• Recommendations.

Tax planning

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.

 

Discressionary Comission Arrangements

Our complaints processes have temporarily changed for some complaints affected by the Financial Conduct Authority’s (FCA) review into the historical use of ‘discretionary commission arrangements’ 

The Financial Conduct Authority (FCA) (the regulator that regulates loans in the consumer motor finance sector) is reviewing the historical use of ‘discretionary commission arrangements’ between lenders and motor dealers who act as credit brokers (for example, we act as a credit broker when we arrange some loans with consumers). Generally, discretionary commission arrangements were arrangements where the broker was allowed by the lender to adjust the interest rates they offered customers for car finance and the broker’s commission was linked to the interest rate that was set. The review is not focused on any particular dealer or lender, but is a review of the motor finance sector generally.

Whilst it carries out its review, for complaints that could be affected, the FCA has introduced a temporary pause to the 8-week deadline that we usually have to respond to complaints. This pause started on 11 January 2024 and will continue until 25 September 2024. Following the pause, we will have the remainder of the 8-week deadline to provide customers affected with our final response. For complaints that could be affected, the FCA has also implemented an extension to the usual 6-month period that complainants have to escalate their complaint to the Financial Ombudsman Service (FOS). Complainants will have 15 months to escalate their complaint to FOS instead. 

This pause only impacts complaints where the credit agreement was taken out before 28 January 2021 and involved a discretionary commission arrangement. Complaints not affected by the pause will continue to be dealt with in accordance with our usual processes.

If your query concerns the historical use of “discretionary commission arrangements” and your finance was with BMW Financial Services, please visit https://www.bmw.co.uk/en/footer/contact/contact-bmw-financial-services.html

For any other queries please emails us on financeenquiries@berrybmw.co.uk

If it is about any other product or an alternative finance house, we will respond to you in line with the amended FCA guidelines.

If you would like any further information about the reasons for the pause and extension, you should visit www.fca.org.uk/car-finance-complaints.

 

 

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

Deborah Lowles

Senior Accounting Officer

July 2023