1. ACCEPTANCE OF TERMS AND CONDITIONS
Please find below the terms and conditions (“Terms”) under which you may reserve one (1) BMW i4 car (“Reservation”). These Terms, save for clause 6 only, apply to your Reservation only and if you order a BMW i4 car (“Order”) separate terms will apply.
By completing the online Reservation and checking the box confirming your acceptance of these Terms, you acknowledge and confirm:
(i) you have read and agree to be bound by these Terms; and
(ii) you agree to BMW (UK) Limited (company number 01378137) having its registered office at Summit ONE, Summit Avenue, Farnborough, Hampshire, GU14 0FB (“BMW UK” or “We”) processing your personal data and sharing it with the BMW Centre you have selected (“BMW Centre”).
2. THE RESERVATION PAYMENT
2.1 Upon receipt by your BMW Centre of your Reservation Deposit (as defined in Section 5 below), an agreement regarding your Reservation is made between you and your BMW Centre.
2.2 Your Reservation entitles you to priority if you wish to order a BMW i4 from your BMW Centre when it is available. You are not under any obligation to order a BMW i4 and if you decide not to, your Deposit, subject to clause 3.5 of these Terms, will be returned to you. Your preferred BMW Centre will help you order your BMW i4 when it is available. These Terms do not constitute a purchase agreement, and your Reservation does not reserve you a production slot or guarantee you will be able to purchase a BMW i4 that matches any specifications selected by you or at all.
2.3 Your preferred BMW Centre will contact you when it is time to place your Order.
3. THE RIGHT TO PLACE A RESERVATION
3.1 To place a Reservation you must be a retail customer, at least 18 years old and the details you provide must be complete and accurate.
3.2 You may place your Reservation at any time until the Reservation facility is removed by BMW UK.
3.3 Only one (1) BMW i4 may be Reserved by each eligible customer.
3.4 Your rights with respect to your Reservation are personal to you 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 Reservation will automatically terminate with immediate effect, without any liability to compensate you whatsoever. Furthermore, your preferred BMW Centre may not be able to repay your Deposit.
4. HOW TO MAKE AN ONLINE RESERVATION
4.1 You must complete the online Reservation process via our website and pay your Deposit to your preferred BMW Centre.
4.2 Once your application is accepted, you will receive receipt of your Reservation (“Reservation Confirmation”).
4.3 If you do not receive the Reservation Confirmation within twenty four (24) hours of completing the online process, please contact your BMW Centre or customer support by email at email@example.com or by telephoning 0800 3256 000.
5. THE DEPOSIT
5.1 Your preferred BMW Centre will collect a refundable £500 deposit (the “Deposit”).
5.2 You will normally be required to pay the Deposit by credit card using our internet payment services provider, Ingenico Payment Services (“Ingenico”). By accepting these Terms, you 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). If for any reason payment by credit card is not available BMW UK or your preferred BMW Centre will contact you to agree an alternative payment mechanism.
5.3 If you order a BMW i4, the Deposit will be used as a partial payment for that Order. If you do not place an order your Deposit will be returned to you. Interest will not be paid on the Deposit.
6. RIGHT OF CANCELLATION & REFUND
6.1 You may cancel your Reservation at any time and for any reason prior to placing an order or within 30 days of your Reservation (whichever is earlier). If you wish to cancel your Reservation, please contact your preferred BMW Centre.
6.2 Your BMW Centre may cancel your Reservation without reason at any time and we will tell you if we do so.
6.3 If you paid your Deposit by credit card and your Reservation is cancelled for any reason your Deposit will be refunded on the credit card used to pay it. If you paid your Deposit using an alternative mechanism we will agree a refund arrangement with you. In either case we will refund your Deposit without undue delay, and in any event no later than fourteen (14) days after the cancellation notice is received or if later, a refund mechanism is agreed.
6.4 If within 30 days of the date of your Reservationyou have not ordered a BMW i4 or cancelled your Reservation we will cancel your Reservation and, subject to clause 3.5, refund your Deposit.
7. CUSTOMER SERVICE
Should you have any questions or complaints about the Reservation or wish to contact BMW UK for any other reason, you can contact the customer support team by email at firstname.lastname@example.org or by telephoning 0800 3256 000.
8. DISCLAIMER OF WARRANTIES
8.1 Specifications and images of BMW i4 on the BMW UK website or Reservation are not to be considered as specifications of the final BMW i4.
9. LIMITATION OF LIABILITY
9.1 In no event shall We, or any of our affiliates, be liable or responsible for any loss or damage of any kind arising out of or in connection to your Reservation (except as may be required under law), including (without limitation) any failure to perform, or delay in performance of, your Reservation . Your sole and exclusive remedy related to your Reservation is limited to the refund of your Deposit by your preferred BMW Centre.
10. OTHER IMPORTANT TERMS
10.1 We may assign or transfer our rights and obligations in respect of your Reservation. If we do so we will notify you in writing. You may not assign or transfer your rights or obligations in respect of this Reservation.
10.3 If we or your preferred BMW Centre 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 Reservation 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 may cancel your Reservation.
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, pandemic, 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.