1. ACCEPTANCE OF TERMS AND CONDITIONS
Please find below the terms and conditions (“Terms”) under which you can pre-order one (1) BMW iX (car) (“pre-order”). These Terms, save for clause 6 only, apply to the Pre-order only and if you order a BMW iX (car) (“Order”) separate terms will apply.
By completing the online Pre-order 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 your preferred retailer.
We recommend that you retain a copy of these Terms for your future reference.
2. THE PRE-ORDER PAYMENT
2.1 Upon receipt of your Deposit (as defined in Section 5 below), an agreement regarding the Pre-order is made between you and BMW UK.
2.2 Your Pre-order entitles you to priority if you wish to order a BMW iX when it is launched for sale in the United Kingdom. You are not under any obligation to order a BMW iX and if you decide not to your Deposit, subject to clause 3.5 of these Terms, will be returned to you. Your preferred retailer will help you order your BMW iX when it is available. These Terms do not constitute a purchase agreement, and the Pre-order does not guarantee you will be able to purchase a BMW iX or reserve you a production slot.
2.3 Your preferred retailer will contact you when it is time to finalise your Order.
3. THE RIGHT TO PLACE A PRE-ORDER
3.1 To place a pre-order 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 pre-order at any time until the pre-order facility is removed from BMW UK’s digital channels.
3.3 Only one (1) BMW iX may be pre-ordered by each eligible customer.
3.4 Your rights with respect to the pre-order 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 Pre-order will automatically terminate with immediate effect, without any liability to compensate you whatsoever. Furthermore, according to law your preferred retailer may not be able to repay your Deposit payment.
4. HOW TO MAKE AN ONLINE PRE-ORDER
4.1 You must complete the online pre-order process in our digital channels and pay your Deposit to your preferred retailer. Once your application is completed and your Deposit received you have made your pre-order.
4.2 You will receive a receipt confirming your pre-order application has been received (”Pre-order Confirmation”).
4.3 If you do not receive the Pre-order Confirmation within twenty four (24) hours of completing the online process, please contact BMW UK customer support by email at firstname.lastname@example.org or by telephoning 0800 3256 000.
5. THE DEPOSIT
5.1 Your preferred retailer 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 retailer will contact you to agree an alternative payment mechanism.
5.3 If you place an order for a BMW iX, 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 pre-order at any time and for any reason prior to placing an order or 31st August 2021 (whichever is earlier). If you wish to cancel your pre-order, please contact your preferred retailer.
6.2 We may cancel your pre-order 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 pre-order 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 by 31st August 2021 you have not ordered a BMW iX and your pre-order has not been cancelled we will cancel your pre-order and refund your Deposit.
7. CUSTOMER SERVICE
Should you have any questions or complaints about the pre-order or wish to contact BMW UK for any other reason, you can contact the customer support team by email at email@example.com or by telephoning 0800 3256 000.
8. DISCLAIMER OF WARRANTIES
8.1 Specifications and images of BMW iX in the pre-order are not to be considered as specifications of the final BMW iX.
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 pre-order (except as may be required under law), including (without limitation) 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 your preferred retailer.
10. OTHER IMPORTANT TERMS
10.1 We may assign or transfer our rights and obligations in respect of your pre-order. If we do so we will notify you in writing. You may not assign or transfer your rights or obligations in respect of this pre-order.
10.3 If we or your preferred retailer 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 may cancel your 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, 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.