Legal

Terms & Conditions

Last updated: July 2025  ·  A.P.K. Prestige Drives Limited (HE 458041)

These Terms and Conditions ("Terms") govern the legally binding agreement between A.P.K. Prestige Drives Limited (Registration No. HE 458041), trading as Prestyn Motors, a private limited company incorporated under the Companies Law Cap. 113 of the Republic of Cyprus, with its principal office in Limassol ("Company", "we", "us"), and any individual or entity ("Client", "you") that accesses our website at www.prestynmotors.com or engages our vehicle import services.

By creating an account, submitting an enquiry, or making any payment, you confirm that you have read these Terms in full, have had the opportunity to seek independent legal advice, and agree to be bound by them. If you do not agree, you must not use our services.

These Terms are governed by the laws of the Republic of Cyprus, including the Contract Law Cap. 149, the Consumer Protection Law 116(I)/2013 (implementing EU Directive 2011/83/EU), and the Law on Unfair Terms in Consumer Contracts 93(I)/1996 (implementing EU Directive 93/13/EEC).

A

Pre-Contractual Information Statement

Pursuant to Article 5 of Law 116(I)/2013, the following information is provided before you are bound by any distance contract. By proceeding, you confirm you have received and understood all of the following:

Trader identity
A.P.K. Prestige Drives Limited t/a Prestyn Motors
Registration
HE 458041, Republic of Cyprus
Registered office
Limassol, Cyprus
Contact email
info@prestynmotors.com
Contact telephone
+357 96 307 227
Nature of service
Vehicle import brokerage — we act as your agent purchasing from the Japanese domestic used vehicle market
Service fee
€700 flat (Standard) or 10% of vehicle price (Premium), plus VAT 19%
Additional costs
Vehicle price, shipping, customs, SVA, registration — itemised in your cost breakdown
Withdrawal right
14 days — subject to express waiver upon service commencement (see Section 9)
Governing law
Republic of Cyprus — District Court of Limassol
1

Nature of Our Services

Prestyn Motors acts exclusively as an import agent and broker. We do not own, manufacture, or trade in motor vehicles on our own account. Our role is to act on your behalf to source, purchase, ship, clear through Cyprus customs, and register a vehicle in your name. We purchase vehicles from licensed dealers and registered exporters operating within the Japanese domestic used vehicle market. Where we purchase in our own name, we do so as disclosed or undisclosed agent acting solely for your benefit and for your account.

Our services include:

  • Sourcing of vehicles from licensed dealers and registered exporters in the Japanese domestic used vehicle market, to your specification.
  • Purchase of vehicles on your behalf from our Japanese market suppliers, using funds advanced by you.
  • Arrangement of export documentation and international shipping.
  • Marine transit insurance covering the vehicle from the port of export to Cyprus.
  • Cyprus Customs clearance under the Customs and Excise Laws.
  • Single Vehicle Approval (SVA) inspection and regulatory compliance.
  • Road worthiness test (MOT), road tax payment, and registration plates.
  • Registration of the vehicle in your name with the Department of Road Transport of Cyprus.
  • Delivery of the fully registered vehicle to an agreed address within Cyprus.

Under the Premium Plan, services additionally include: comprehensive pre-delivery mechanical inspection and servicing, replacement of tyres, battery, and wear items as required, and a 12-month written warranty on the engine and gearbox (terms provided separately at time of purchase).

2

Orders and Acceptance

Submission of an enquiry does not constitute a binding contract. A contract is formed only when:

  • We identify a vehicle from our Japanese market suppliers matching your specification, and share full vehicle condition reports, photographs, and a detailed cost breakdown;
  • You provide your written approval to proceed (email, signed document, or verifiable digital message);
  • You complete and return the Pre-Purchase Acknowledgment Form (issued by us prior to payment); and
  • We receive your advance payment as specified in Section 4.

We reserve the right to decline any order at our absolute discretion, including where a suitable vehicle cannot be sourced or the import is not commercially or legally feasible. In such cases all funds received will be returned in full within 14 days.

3

Vehicle Sourcing, Condition and Japanese Supplier Obligations

All vehicles are sourced from licensed dealers and registered exporters in the Japanese domestic used vehicle market. Vehicle condition information — including condition reports, specifications, photographs, and mileage records — is provided by our Japanese market suppliers and displayed to you as supplied by those providers.

Japanese Legal Framework — Supplier Condition Disclosure Obligations

Our Japanese market suppliers are legally bound under the following Japanese statutes to provide accurate, complete, and non-misleading information regarding vehicle condition. They are prohibited by law from providing false or deceptive vehicle condition information:

Act against Unjustifiable Premiums and Misleading Representations
不当景品類及び不当表示防止法 (Fukenkosei Kyōsō Bōshi Hō) — Law No. 134 of 1962, as amended and consolidated under the Consumer Affairs Agency of Japan
Article 5, Item 1 (優良誤認表示) expressly prohibits any commercial representation that misrepresents or exaggerates the quality, standard, or condition of goods. Violations are subject to administrative orders and criminal penalties under Article 36. This law directly prohibits our Japanese suppliers from providing false or misleading vehicle condition descriptions.
Consumer Contract Act
消費者契約法 (Shōhisha Keiyaku Hō) — Law No. 61 of 2000
Article 4 renders void any contract concluded on the basis of a business providing false information about a material fact to a consumer. A Japanese dealer who provides a false vehicle condition report faces contract rescission and civil liability under this Act.
Act on Specified Commercial Transactions
特定商取引に関する法律 (Tokuteishōtorihiki Hō) — Law No. 57 of 1976, as amended
Requires accurate and complete disclosure of all material product characteristics in commercial transactions and expressly prohibits false or misleading representations of goods. Non-compliance is subject to business suspension orders and criminal penalties.

Prestyn Motors relies on condition information provided by our Japanese suppliers in good faith. The legal framework above provides an independent statutory guarantee against the provision of false or misleading condition information at source. In the event that a supplier provides false information in breach of Japanese law, that supplier bears primary legal responsibility under Japanese law; Prestyn Motors will, where possible, assist the Client in asserting any available cross-border remedy.

Vehicle condition reports are provided to you exactly as supplied by our Japanese market provider, without modification or editorial change. No additional warranty as to condition is made by Prestyn Motors beyond what is stated in the condition report. Accordingly:

  • The vehicle is supplied in the condition described in the vehicle condition report shared with you before the purchase is confirmed.
  • Defects not apparent from the condition report do not constitute a breach of these Terms by us.
  • Any specific written representation made by Prestyn Motors about a vehicle's condition takes precedence over the supplier's report to the extent of any inconsistency.
4

Payment Terms

Service fees (exclusive of VAT at 19%):

  • Standard Plan: €700 flat commission.
  • Premium Plan: 10% of the agreed vehicle purchase price.

All vehicle purchase costs, shipping, marine insurance, customs duties, VAT on the vehicle, SVA fees, road tax, and registration are additional to our service fee and are itemised in full on your cost breakdown before any commitment.

Payment schedule:

  • 80% advance of the agreed vehicle purchase price, due upon return of your signed Pre-Purchase Acknowledgment Form and written approval to proceed. This payment funds the vehicle purchase from our Japanese market supplier.
  • Remaining 20%, due within five (5) business days of notification that the vehicle is registered and ready for delivery in Cyprus. Delivery shall not take place until cleared.

All payments are by bank transfer in Euros. Where a vehicle is priced in Japanese Yen (JPY), the EUR equivalent at the purchase-date exchange rate governs; subsequent currency movements are for the Client's account. VAT at the prevailing Cyprus rate (currently 19%) applies to our service fee only and is shown separately on our invoice.

If the Company is unable to source a suitable vehicle or is required to cancel before any purchase commitment is made, all funds received will be returned to the Client in full within 14 days, without deduction.

5

Cancellation, Refunds and Right of Withdrawal

(a) Consumer right of withdrawal. Where you are a consumer under Law 116(I)/2013 and this contract is concluded at a distance, you have the right to withdraw without reason within fourteen (14) calendar days from the date the contract is formed, pursuant to Article 9 of Law 116(I)/2013 and EU Directive 2011/83/EU.

(b) Waiver of withdrawal right. Where you expressly request that we begin performing the service before the withdrawal period expires — which you do by signing and returning the Pre-Purchase Acknowledgment Form and authorising your advance payment — you acknowledge that you lose your right of withdrawal once performance has begun, pursuant to Article 16(m) of Directive 2011/83/EU. This waiver takes effect from the moment we confirm a vehicle purchase with our Japanese market supplier or otherwise make any financial commitment on your behalf.

(c) Cancellation before purchase commitment. If you cancel in writing before we have confirmed any vehicle purchase or made any financial commitment on your behalf, we will refund your advance payment in full within 14 days, less any documented third-party costs already incurred (e.g. translation or inspection fees).

(d) No refund after purchase commitment. Once we have confirmed the purchase of a vehicle from our Japanese market supplier on your behalf, the vehicle purchase cost is irrecoverable under the binding commercial terms of Japanese used vehicle providers. No refund of the vehicle purchase price will be available. Our service fee will also be retained to the extent services have been performed.

(e) Transit damage or total loss. All vehicles are covered by marine shipping insurance. In the event of damage or total loss in transit, we will assist with the insurance claim. Our liability does not extend beyond the insured value; any shortfall is addressed through the insurance policy.

(f) Company cancellation. If we are unable to source a vehicle matching your specification within a reasonable time, or if the import cannot be effected for legal or regulatory reasons, we will notify you promptly and refund all payments received in full within 14 days, without deduction.

6

Import Compliance and Regulatory Changes

We ensure all vehicles are imported in compliance with the Cyprus Customs and Excise Law, the Department of Road Transport's SVA requirements, and all applicable regulations in force at the time of import.

Import duties, customs VAT, SVA fees, and road tax are government levies subject to change without notice. Any increase occurring after the vehicle's purchase is confirmed will be passed on to the Client, and we will notify you promptly of any material change affecting your import costs.

The Client is responsible for holding a valid Cyprus driving licence appropriate for the vehicle category at the time of delivery.

7

Limitation of Liability

Nothing in these Terms excludes or limits our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) any liability that cannot be excluded or limited under the mandatory provisions of Cyprus or EU consumer protection law, including Law 93(I)/1996.

Subject to the above, our total aggregate liability for any claim arising under or in connection with these Terms — whether in contract, tort, or otherwise — shall not exceed the total service fee paid by you to us in respect of the specific transaction giving rise to the claim. This limitation reflects our role as agent with limited ability to control third-party outcomes.

We shall not be liable for:

  • Loss or delay caused by force majeure: port congestion, vessel scheduling, industrial action, natural disaster, war, pandemic, or government action.
  • Changes in import duty rates, customs valuation, or government policy after the vehicle purchase is confirmed.
  • Mechanical or cosmetic defects not apparent from the vehicle condition report provided by our Japanese supplier.
  • Delays in customs clearance, SVA, or registration attributable to government agencies.
  • Currency exchange rate movements after the vehicle purchase date.
  • Any consequential, indirect, or special loss howsoever arising.
8

Intellectual Property

All content on www.prestynmotors.com — including text, images, logos, software, and design — is the exclusive property of A.P.K. Prestige Drives Limited and is protected under Cyprus and EU intellectual property law. You may not reproduce, distribute, modify, or create derivative works without our prior written consent.

Section 9 — Binding Legal Declarations
Client Declarations, Acknowledgments & Express Waiver of Withdrawal Right

By accepting these Terms — whether by creating an account, ticking the acceptance box, signing any order document, or making any payment — the Client makes each of the following declarations and acknowledgments. These declarations form an essential part of the contract and have been drafted to comply with Law 116(I)/2013, Law 93(I)/1996, and all applicable EU consumer protection legislation.

9.1
Capacity and Free Consent

I am at least eighteen (18) years of age. I have full legal capacity to enter into binding contracts under the laws of my country of domicile and under the laws of the Republic of Cyprus. I have not been subjected to any misrepresentation, duress, or undue influence in agreeing to these Terms. I have had sufficient time and opportunity to read these Terms in full and to seek independent legal advice before accepting them, and I accept them freely and voluntarily.

9.2
Understanding of the Agency Relationship

I understand that Prestyn Motors acts as my import agent and broker, purchasing vehicles from the Japanese domestic used vehicle market on my behalf. I understand that Prestyn Motors does not own the vehicle at any point prior to confirming its purchase from a Japanese market supplier on my behalf. I accept that my funds are used to purchase a vehicle for my account, and that the commercial risks of the purchase are mine from the moment the purchase is confirmed with the Japanese market provider.

9.3
Acknowledgment of the Advance Payment Terms

I understand and accept that: (a) an advance payment of 80% of the agreed vehicle purchase price is required before any purchase is confirmed with our Japanese market supplier; (b) this advance payment is used to fund the vehicle purchase and cannot be recovered once the purchase has been committed; (c) licensed Japanese used vehicle market providers impose binding purchase obligations upon the buyer at the point of purchase confirmation, and cancellation or modification by the buyer is not permitted under the standard commercial terms of Japanese used vehicle providers; (d) the advance payment is accordingly non-refundable to the extent of any committed vehicle purchase costs. I have been made aware of this limitation prominently and accept it as commercially reasonable and necessary in the context of international vehicle procurement from Japan.

9.4
Express Waiver of Right of Withdrawal

I am aware that, as a consumer under Law 116(I)/2013 implementing EU Directive 2011/83/EU, I ordinarily have a right to withdraw from this distance service contract within fourteen (14) calendar days without giving any reason. I EXPRESSLY AND IRREVOCABLY REQUEST that Prestyn Motors begin performing the import service immediately upon my written approval and advance payment, before the expiry of the fourteen-day withdrawal period. I EXPLICITLY ACKNOWLEDGE AND ACCEPT that once Prestyn Motors confirms a vehicle purchase with our Japanese market supplier or otherwise makes any financial commitment on my behalf, my right of withdrawal is irrevocably extinguished in accordance with Article 16(a) of EU Directive 2011/83/EU as implemented by Law 116(I)/2013 of Cyprus. I make this waiver freely, with full understanding of its legal consequences, and after having been given the opportunity to seek independent advice.

9.5
Acknowledgment of Price Variability

I understand and accept that: (a) vehicle prices in the Japanese domestic market fluctuate and any pre-purchase estimate is indicative only; (b) the final EUR cost of a JPY-priced vehicle is determined by the exchange rate prevailing on the purchase date, and any subsequent currency movement is for my account; (c) Cyprus customs duties, VAT, and registration fees are government levies that may change without notice, and any increase occurring after my order is confirmed will be passed to me; (d) shipping and freight rates are subject to market conditions. I have been informed of all variable cost components and accept the risk of variation.

9.6
Acknowledgment of Vehicle Condition Reports and Japanese Supplier Legal Obligations

I understand that vehicle condition information is provided by our Japanese market suppliers and displayed to me as supplied, without modification by Prestyn Motors. I acknowledge that these suppliers are legally bound under Japanese law — including the Act against Unjustifiable Premiums and Misleading Representations (Law No. 134/1962), the Consumer Contract Act (Law No. 61/2000), and the Act on Specified Commercial Transactions (Law No. 57/1976) — to provide accurate, complete, and non-misleading vehicle condition information, and are prohibited from providing false or deceptive descriptions. I accept the vehicle in the condition described in the condition report provided to me before purchase, and I acknowledge that Prestyn Motors is not liable for defects not apparent from that report, provided the report was relayed to me in its original unaltered form. Under the Standard Plan, I accept delivery of the vehicle without pre-delivery servicing, tyre replacement, or battery replacement.

9.7
Acknowledgment of Delivery Timeline Estimates

I acknowledge that estimated delivery timelines of 8–14 weeks are provided in good faith and are not guaranteed. I accept that delays may occur due to shipping schedules, port operations, Cyprus Customs processing, SVA inspection queues, or other factors outside Prestyn Motors's reasonable control. Such delays do not constitute a breach of contract and do not entitle me to a refund of the advance payment.

9.8
Acknowledgment of Limitation of Liability

I acknowledge that Prestyn Motors's total liability to me is limited to the service fee paid. I understand that this limitation is commercially reasonable given the Company's role as agent and its limited ability to control third-party outcomes including market pricing, shipping events, and government processing times. I accept this limitation freely having had the opportunity to seek independent legal advice.

9.9
Business Clients

If I am entering into this agreement in the course of business or for business purposes, I confirm that I am not acting as a consumer within the meaning of Law 116(I)/2013, and that the consumer protection provisions of these Terms (including withdrawal rights) do not apply to my transaction.

Pre-Purchase Acknowledgment Form

Before any payment is accepted, the Client will be issued a separate Pre-Purchase Acknowledgment Form (PPAF) summarising the specific transaction details, total estimated cost, and the declarations in Section 9 above. No advance payment will be processed without a completed PPAF. The signed or digitally confirmed PPAF is retained by the Company as a record of informed consent and forms part of the contract documentation.

10

Unfair Contract Terms — Statement of Fairness

In compliance with Law 93(I)/1996 (implementing EU Directive 93/13/EEC), these Terms have been drafted in plain, intelligible language. We address the following provisions specifically:

  • 80% advance payment (Section 4): This is commercially necessary because licensed Japanese used vehicle market providers require advance payment commitment before reserving and processing a vehicle for export. The advance funds only the vehicle purchase, not our fees. If we cancel before any purchase is committed, the full amount is returned. This term reflects genuine third-party binding obligations, is disclosed prominently and in advance, and is balanced by our obligation to refund if we fail to perform.
  • Limitation of liability at service fee (Section 7): Our role is that of agent; we do not own or insure the vehicle. Transit risks are covered by dedicated marine insurance. Limiting our liability to the service fee reflects our actual agency remuneration and role. This is standard in international logistics and import brokerage.
  • Waiver of withdrawal right (Section 9.4): This waiver is expressly permitted by Article 16(a) of Directive 2011/83/EU where the consumer requests immediate commencement of service. It is not imposed unilaterally — it is expressly requested by the Client and documented in a separate acknowledgment form. It is clearly and prominently identified.
  • Force majeure (Section 7): The listed events are standard, industry-recognised circumstances entirely outside the Company's control. This clause does not absolve us of liability for our own failures.
  • Non-refundable vehicle purchase cost: This reflects the binding commercial terms of the Japanese used vehicle market — an obligation imposed by our Japanese market providers, not by Prestyn Motors. The Client has the full opportunity to review all condition information before confirming any purchase.

All terms apply equally and transparently. No term creates a significant imbalance in the parties' rights and obligations to the detriment of the consumer contrary to the requirement of good faith under Law 93(I)/1996. If any term is found by a competent court to be unfair, only that term is severed; the remaining Terms continue in full force (see Section 14).

11

Consumer Complaints Procedure

We are committed to resolving any complaint quickly and fairly:

  • Step 1 — Contact us: Send your complaint in writing to info@prestynmotors.com with your full name, order reference, and description of the issue. We will acknowledge within two (2) business days.
  • Step 2 — Investigation: We will provide a substantive written response within fourteen (14) calendar days of acknowledgment. For complex matters requiring third-party supplier records, we will notify you if more time is required.
  • Step 3 — Resolution: If your complaint is upheld, we will propose a specific remedy within five (5) business days of our investigation conclusion.
  • Step 4 — Escalation: If you are unsatisfied, you may refer the dispute to the Cyprus Consumer Protection Service (www.consumer.gov.cy) or the EU ODR platform (see Section 13). You may also seek advice from the Cyprus Consumer Association (KEPAD).

Your right to bring court proceedings is not affected by use of this procedure.

12

Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the Republic of Cyprus. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the District Court of Limassol, Cyprus.

If you are a consumer habitually resident in another EU Member State, you retain the right to bring proceedings in the courts of your country of habitual residence under EU Regulation (EU) No 1215/2012.

13

EU Online Dispute Resolution

Under EU Regulation No. 524/2013, consumers may use the European Commission's ODR platform:

https://ec.europa.eu/consumers/odr/

Our email address for ODR purposes: info@prestynmotors.com

14

Severability

If any provision of these Terms is found by a competent court to be invalid, unlawful, or unenforceable — including on grounds of unfairness under Law 93(I)/1996 — that provision shall be severed. The remaining provisions shall continue in full force and shall be construed to best give effect to the original intention of the parties.

15

Entire Agreement

These Terms, together with the Pre-Purchase Acknowledgment Form, the cost breakdown provided to you, and any written order confirmation issued by us, constitute the entire agreement between the parties. They supersede all prior representations, discussions, and understandings — whether oral or written — except for any specific written representations made by us about a particular vehicle.

No variation to these Terms is effective unless agreed in writing and signed by an authorised representative of A.P.K. Prestige Drives Limited.

16

Amendments

We reserve the right to update these Terms to reflect changes in law, our services, or business practices. The current version will always be published at www.prestynmotors.com/legal/terms with the updated date. Continued use of our services after the effective date constitutes acceptance of the revised Terms for future transactions only; existing confirmed orders are governed by the Terms in force at the time the contract was formed.

17

Contact

A.P.K. Prestige Drives Limited t/a Prestyn Motors
Limassol, Cyprus  ·  Reg. No. HE 458041
Email: info@prestynmotors.com
Tel: +357 96 307 227