BMW Shop Terms and Conditions of Sale
Version July 2017
Please read these Terms and Conditions of Sale ("Terms") carefully before using this online shop. By using this online shop or placing an order you accept these Terms. If you do not accept these Terms, do not use this online shop.
If you have any questions relating to these Terms please contact us by email at BMWShop.email@example.com
Your statutory rights are not affected by these Terms.
1. Information about Us
This online shop is operated by Marshall BMW Bournemouth, a trading style of Ridgeway Bavarian Limited a company registered in England No: 07930214 and whose Registered Office is Airport House, The Airport, Cambridge, CB5 8RY (referred to as "Marshall Bournemouth/we/our/us").
We reserve the right to change these Terms at any time. Any such changes will take immediate effect when posted on the online shop (see date at the top) and it is your responsibility to read the Terms on each occasion you use this online shop and your continued use of the online shop shall signify your acceptance to be bound by the latest version of the Terms as communicated on the online shop.
3. Service Availability
3.1 We ship to all addresses within the UK excluding Northern Ireland, Gibraltar, British Sovereign Bases Cyprus, Channel Islands and the Isle of Man.
3.2 The product specifications on this online shop are, unless stated otherwise, for the UK market only. These specifications (including what is optional and what is standard equipment) may vary in other markets. However some images may be of products supplied in other markets and not reflecting specifications in the UK.
3.3 The information and other materials contained in this online shop may not satisfy the laws in countries outside the UK. If you choose to use products purchased from this online shop outside the UK you are responsible for ascertaining to what extent local laws are applicable and compliance with local laws.
4.1 Specifications on this online shop of the goods are not intended to be binding and are intended only to give a general description of the goods. In all other respects, and to the maximum extent permissible, we make no other warranties or promises about the goods, and any implied warranties are excluded, unless expressly stated otherwise in these Terms.
4.2 All goods offered on this online shop for sale are subject to availability. We regret that occasionally it may be impossible to complete an order if stock runs out or is withdrawn for any reason. If there is any problem occurring we will let you know as soon as reasonably possible.
4.3 Specific goods offered on this online shop have been deemed “Retailer Fit Items” and as such have been recommended to be installed exclusively by trained technicians at a specialist workshop and not by the end user. Damage to any of these parts due to the incorrect fitment will not be covered under warranty.
5. Ordering process, Acceptance
5.1 We will treat each order for our goods offered on the online shop as an offer by you to purchase the goods subject to these Terms. The confirmation stage sets out the final details of your order. Your order constitutes a binding offer to us to buy the goods.
5.2 After you have submitted your order, you will receive an email from us which confirms receipt of your order and details the goods you have ordered. Please note that this email does not mean that your order has been accepted by us.
5.3 All orders are subject to acceptance by us. Acceptance of your order and the completion of the contract of sale between you and us will take place on our confirmation to you by email that your ordered goods have been dispatched, unless we have notified you that we do not accept your order.
6.1 The price of any goods will be as quoted on our online shop from time to time, except in cases of obvious error. The prices as communicated on the online shop at the time of your order apply.
6.2 The prices include VAT but exclude delivery costs, which will be added to the total amount due. All prices displayed on the online shop are quoted in UK Pounds Sterling and must be paid in full, including delivery charges. Prices are subject to change at any time.
6.3 Despite our best efforts it is possible that some of the goods listed on our site may be incorrectly priced. If a good's correct price is lower than the price stated on our online shop, we will reimburse you the difference in price between the price you paid and the correct price. If a good's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the good, or reject your order and notify you of such rejection.
6.4 We are under no obligation to provide the good to you at the incorrect price, even after we have sent you an acceptance email, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as incorrect pricing.
7.1 We support several payment options available with Braintree_PayPal (Europe) S.à r.l. & Cie, S.C.A., which are listed on our website. The contractual relations between Braintree_PayPal and its customers are determined solely by the conditions for using Braintree_PayPal, which are available under www.braintreepayments.com.
7.2 The payment of the purchasing price and shipping costs is due immediately once the contract is concluded in the Braintree_PayPal (PayPal account, credit and debit cards) payment options.
7.3 Customer entered payment data is not saved at Marshall Bournemouth, but possibly at the respective selected payment provider. The relevant data protection regulations of this payment service provider applies.
7.4 In the event that we are unable to supply the ordered goods we will inform you of this as soon as possible and a full refund will be given where you have already paid for the goods.
8.1 Delivery shall be made to the delivery address supplied by you at the time of ordering.
8.2 We ship to all addresses within the UK excluding Northern Ireland, Jersey, The Isle of Man, Gibraltar, and British Sovereign Bases Cyprus.
8.3 While we endeavour to deliver within the non-binding times specified, any times quoted for delivery are non-binding and approximate only and we shall not be liable for any delay in delivery of the goods howsoever caused or any direct or consequential damages, losses or other claims whatsoever in connection with any delay in delivery.
9. Transfer of Ownership and Risk
9.1 The risk of damage to or loss of the goods shall pass to you at the time of delivery to the specified delivery address.
9.2 Title and ownership of the goods will only pass to you when we receive full payment of all sums due in respect of the ordered goods, including delivery charges.
10.1 All BMW Group products come with a two year warranty, giving you peace of mind if they should become faulty within 24 months of purchase.
10.2 You can make a warranty claim by contacting us or at any authorised BMW Retailer within the UK who will repair or replace the defective part. Please don’t forget to bring your original receipt of purchase from our online shop.
10.3 Damage to any part due to incorrect fitment as well as faults due to fair wear and tear are not covered under warranty.
10.4 You hereby warrant and represent that you do not intend to resell Genuine BMW Parts purchased in this online shop for commercial purposes. If we discover before delivery that this warranty is untrue, we may give you notice cancelling the Agreement.
10.5 This warranty is additional to your statutory rights.
11. Right to Cancel
11.1 Under the Consumer Contracts Regulations you have up to 14 days after you have received your delivery to cancel your order without giving any reason. In the unlikely event that items from an order consisting of multiple items were sent separately, the 14 days begins the day after the last item was received from the order. To exercise the right to cancel we offer the following options:
- By Phone: 01202 537537 (Mon-Fri 09:00 – 17:00)
Marshall Bournemouth, 361-371 Wallisdown Road, Bournemouth, BH12 5HD
11.2 To meet the cancellation deadline, it is sufficient for you to send the communication concerning your exercise of the right to cancel before the cancellation period has expired.
11.3 If you cancel the Agreement, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). We may make a deduction from the reimbursement for loss in value of any goods supplied, resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
11.4 We will make the reimbursement without undue delay, and not later than (a) 14 days after the day we receive back from you any goods supplied, or (b) (if earlier) 14 days after the day you provide evidence that you have returned the goods, or (c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this Agreement. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
11.5 You shall send back the goods without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this Agreement to us. The deadline is met if you send back the goods before the period of 14 days has expired. It is the buyer’s responsibility to arrange and fund the cost of returning an item(s) to our online shop. The only exceptions here are instances where the online shop team deem an item(s) to be faulty or when the wrong item(s) has been sent – a separate procedure is followed here which will be communicated to the customer accordingly.
11.6 Please note sealed software purchased from our online shop is excluded from the 14 days returns rule – any sealed software (e.g. Navigation update) which has been opened will not be refunded unless faulty.
12. Limitation of Liability
Except for fraud, death or for personal injury resulting from our negligence, we limit our liability to the amount you have paid for the goods under this Agreement and expressly exclude all liability for (I) any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); and (ii) any loss of goodwill or reputation and (iii) any special, indirect or consequential losses.
13. Governing Law and Jurisdiction
The Agreement and these Terms (and all non-contractual obligations arising out of or in connection with it) shall be governed by and construed in accordance with the laws of England and Wales, unless you live in Scotland when the law of Scotland will apply or in Northern Ireland, when the law of Northern Ireland will apply. The relevant courts of the United Kingdom shall have exclusive jurisdiction to settle any dispute arising out of or in connection with the Agreement.
ORDER CANCELLATION FORM
(Complete and return this form only if you wish to withdraw from the contract)
361-371 Wallisdown Road
I/We* hereby give notice that I/We* cancel my/our* contract of sale of the following goods*/for the supply of the following service*,
Quantity Part number Description:
Ordered on (*) / received on (*):
First and last name:
Street, house number:
Postcode & City:
Email address (optional):
Telephone number (optional):
Payment method used:
Signature of consumer(s) (only if this form is notified on paper)
* Delete as appropriate