Pre-order Terms & Conditions for Retailer Websites
1. ACCEPTANCE OF TERMS AND CONDITIONS
Please find below the terms and conditions (”Terms”) under which you are able to make a Pre-order of one (1) MINI Electric car (”Pre-order”). If you are unable to accept these Terms, you will unfortunately not be able to make the Pre-order. Please note that these Terms, save for clause 6 only, apply to the Pre-order and are not applicable in the event you, in the future, finalise your order of a MINI Electric. The final order and purchase of MINI Electric will be governed by separate terms and conditions.
By finalising the online Pre-order and checking the box confirming your acceptance of these Terms, you acknowledge and confirm:
that you have read and agree to be bound by these Terms; and
that you agree to us processing your personal data and sharing this with BMW (UK) Ltd.
We recommend that you print a copy of these Terms or save them to your computer for future reference.
The Pre-Order payment
Upon receipt of your payment of the Deposit (as defined in Section 5 below) as set out herein, an agreement regarding the Pre-order has been entered between you and us.
2.1 A Pre-order is a preliminary, non-binding order that entitles you to be a prioritised customer when MINI Electric is launched for sale in the United Kingdom. We will make reasonable efforts to ensure that you will be able to finalise your order for a MINI Electric. These Terms do not constitute a purchase agreement, and the Pre-order does not in any way confirm or guarantee your right to purchase a MINI Electric with priority over other customers.
2.2 We will contact you when it is time to finalise your order at which point you will be offered the opportunity to purchase a MINI Electric.
3. THE RIGHT TO PLACE A PRE-ORDER
3.1 You must be at least 18 years of age and ensure that all the details you provide are accurate.
3.2 The offer to make a Pre-order is available until the Pre-order functionality is removed from our digital channels.
3.3 Only one (1) pre-order can be made per customer. Additional pre-orders will be cancelled.
3.4 Your rights with respect to the Pre-order are personal and may not be assigned or transferred to anyone else.
3.5 You represent and warrant that you are not a person, or acting on behalf of a person, designated on any sanctions list imposed by the UN, EU or US. If at any time these representations fail to be true, your Pre-order will automatically terminate with immediate effect, without any liability to compensate you whatsoever. Furthermore, according to law we may not be able to repay your Deposit payment.
4. HOW TO MAKE AN ONLINE PRE-ORDER
4.1 When you have finalised the online Pre-order process in our digital channels and we have received your Deposit, you have made a Pre-order.
4.3 After you have finalised your Pre-order, you will receive a receipt of your Pre-order confirming that it has been received and completed (”Pre-order Confirmation”).
4.4 If you do not receive the Pre-order Confirmation within twenty four (24) hours of completing the online process, please contact MINI UK customer support by email at email@example.com or by telephoning 0800 0836 464.
5. THE DEPOSIT
5.1 Please note that we will collect a refundable 500 GBP deposit (the “Deposit”) in order for the Pre-Order to be processed. The Deposit, as set out above, is free of VAT. This means you will not be charged any VAT in relation to this Pre-order, and there is thus no VAT to reclaim on the Deposit payable to us, due to the fact that it is a refundable Deposit.
5.2 The Deposit is payable by credit card. Ingenico Payment Services (“Ingenico”) provide us with Internet payment services. By accepting these Terms, you expressly agree to Ingenico handling the payment transaction, your card details and any other information necessary for such payment transaction to be executed by Ingenico (including but not limited to fraud prevention). Ingenico is certified by banks and card acquirers to securely manage payment transactions. All communication between the website and your bank is handled by Ingenico and is encrypted via SSL (Secure Sockets Layer).
5.3 When finalising your MINI Electric order, the Deposit can be used as a partial payment for that order.
5.4 You do not have a right to collect interest on the Deposit.
6. RIGHT OF CANCELLATION, REFUNDS AND THE FEEL GOOD GUARANTEE
6.1 You have the right to cancel your Pre-order at any time and for any reason. If you wish to cancel the Pre-order, please contact us.
6.2 We are also entitled to cancel the Pre-order made by you at any time. Upon a cancellation initiated by us, you will be contacted.
6.3 If your Pre-order is cancelled for any reason, either by you or us, your Deposit will be refunded on the credit card used by you to pay the Deposit, and you will not be charged any fees due to the cancellation. We will process your cancellation without undue delay, and in no event no later than fourteen (14) days after the cancellation notice is received.
6.4 The Feel Good Guarantee relates not only to Pre-orders but also to Orders placed for MINI Electric and is available to you if you place a Pre-order or an Order before 31st March 2020.
6.5 If you order or pre-order MINI Electric before 31st March 2020 you are entitled to cancel your Order or Pre-order for any reason at no cost.
6.6. The Deposit plus any further sums paid by you in relation to your Order will be refunded on the credit card used by you, and you will not be charged any fees due to the cancellation. Your preferred retailer will process your cancellation without undue delay, and in no event no later than fourteen (14) days after the cancellation notice is received.
6.7 The right to cancellation ends on 31st March 2020 or when the ordered vehicle is delivered to you, whichever is earlier.
7. CUSTOMER SERVICE
Should you have any questions or complaints about the Pre-order or wish to contact MINI UK for any other reason, you can contact their customer support team by email at firstname.lastname@example.org or by telephoning 0800 0836 464.
8. DISCLAIMER OF WARRANTIES
8.1 We do not warrant or guarantee you the right to purchase a MINI Electric, despite your having completed this Pre-order and paid the Deposit.
8.2 Further, specifications and images of MINI Electric in the Pre-order are not to be considered as specifications of the final MINI Electric.
9. LIMITATION OF LIABILITY
9.1 In no event shall we or any of our respective affiliates be liable or responsible for any loss or damage of any kind arising out of or in connection to your Pre-order (except as may be required under mandatory law), including (without limitation hereto) any failure to perform, or delay in performance of, your Pre-order. Your sole and exclusive remedy related to your Pre-order is limited to the refund of your Deposit by us.
10. OTHER IMPORTANT TERMS
10.1 We may assign or transfer our rights and obligations to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing.
10.3 If we have to contact you or give you notice in writing, we will do so by phone or e-mail at the contact details you provide to us during the online Pre-order process.
We may revise these Terms from time to time, but will in such event provide you with relevant information of the amended Terms first. If you do not agree to the changes, you are always entitled to cancel the Pre-order.
12. FORCE MAJEURE
12.1 Neither party is liable for delay or failure to perform its obligations caused by any act of God, fire, government or state, war, act of terrorism, civil commotion, insurrection, embargo, prevention from a hindrance in obtaining any raw materials, energy or any other reason beyond the control of either party (a “Force Majeure Event”).
12.2 If either party is delayed or unable to perform its obligation as a result of a Force Majeure Event that party shall give written notice to the other and the operation of these Terms shall be suspended during the period in which the party is unable to perform the obligations under these Terms.
12.3 If the Force Majeure Event prevents either party from performing these Terms for a period of more than one month then either party will have the right to terminate on giving written notice to the other party.
No failure or delay on the part of either party to exercise any right or remedy under these terms shall be construed or operate as a waiver nor shall any single or partial exercise of any right or remedy as the case may be. The rights and remedies provided in these Terms are cumulative and are not exclusive of any rights or remedies provided by law.
The invalidity or unenforceability for any reason of any provision of these Terms shall not prejudice or affect the validity of enforceability of its other provisions the party shall use all reasonable endeavours to replace the invalid or unenforceable provision by valid and enforceable substitute provision, the effect of which is as close as possible to the intended effect of the invalid or unenforceable provision.
15. ENTIRE AGREEMENT
These Terms embody and set out the entire agreement and understanding of the parties and supersedes all prior oral or written representations, undertakings, agreements, understandings or arrangements relating to the subject matter of these Terms, except that nothing in these Terms shall limit or exclude any liability for fraud or negligent misrepresentation.
16. APPLICABLE LAW AND VENUE
These Terms are subject to the laws of England and Wales, and the courts of England and Wales shall have exclusive jurisdiction over any dispute or controversy arising out of or in connection with these Terms.