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) that you have read and agree to be bound by these Terms; and
We recommend that you print a copy of these Terms or save them to your computer for 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 I made between you and us.
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. We 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 We will contact you when it is time to finalise your Order.
3. THE RIGHT TO PLACE A PRE-ORDER
3.1 You must be a retail customer 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) BMW iX may be pre-ordered by each eligible customer.
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 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 we have received your Deposit, you have made a pre-order.
4.2 You will receive a receipt confirming your pre-order application has been received that it 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 Please note that we will collect a refundable 500 GBP deposit (the "Deposit")
5.2 You will normally be required to pay the Deposit by credit card using our internet services payment provider, 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 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 us.
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 the Deposit. 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.
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 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. You may not assign or transfer your rights or obligations in respect of this pre-order.
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.