6319 Vehicles for sale

Terms and Conditions

1. These terms and conditions apply to your use of the “BMW Stock Locator” website at URL https://usedcars.bmw.com.au/, and where the BMW Stock Locator is made available through a website operated by an authorised BMW dealer (Dealer).
2. The BMW Stock Locator allows you to reserve a new, demo or used BMW by paying the required reservation amount set out on the relevant website using your credit card (Reservation Charge) via a third party payment provider (Payment Gateway Provider) to a Dealer (the Service). In addition to the Service, the BMW Stock Locator enables you to provide information to:
1. the Dealer regarding any vehicle that you may wish to trade-in or sell to the Dealer in connection with your purchase of a new, demo or used BMW vehicle;
2. the Dealer regarding a test drive in the vehicle you may wish to purchase or a similar vehicle;
3. BMW Australia Finance Limited (Australian Credit Licence 392387, BMW Finance) in connection with your consideration of options to finance the purchase of a vehicle shown on the BMW Stock Locator.
3. To be eligible to use the Service you must be aged over 18 years and be an Australian resident residing in Australia.
4. BMW Australia Limited (BMW, us or we) offers the Service, and by using the Service, you agree to these terms and conditions.
5. These terms and conditions govern the use of the Service only, and facilitate the payment of the Reservation Charge to the authorised Dealer to reserve the applicable BMW vehicle. After payment of the Reservation Charge, the Dealer will contact you to discuss the sale of the Vehicle to you. Your use of the website at which the Service is made available is subject to the terms and conditions of the relevant website operator, which may be BMW or a Dealer (as the case may be).
6. BMW is not the seller of the Vehicles and, to the extent permitted by law, is not responsible for the sale or delivery of the Vehicle to you or any representations about the sale made by the Dealer (including with regard to the time that a Vehicle may be available for purchase, or delivery to you). BMW is not the financier in connection with any finance contract that you enter into, with BMW Finance or any other person, in connection with the purchase of a Vehicle.
7. While BMW strives to ensure that the information set out in the Service is correct and up-to-date, BMW does not represent or warrant the completeness, accuracy or availability of the information. In particular:
1. Details about the advertised price of the Vehicle are provided by the Dealer that is making the Vehicle available for purchase;
2. Statements made in the section of the Website headed “Dealer Comments” are provided by the selling Dealer, and BMW makes no representations or warranties about the accuracy or completeness of that information. You are encouraged to verify the accuracy of any information provided by the Dealer and inspect the Vehicle before entering into any commitment to purchase the Vehicle; and
3. Details about the Vehicle in the section of the Website headed “Specification” and “Standard Features” are provided by Redbook.com.au and BMW makes no representation or warranty regarding the accuracy of this information; and
4. Details regarding vehicle finance including any price per week are provided by BMW Finance. Fees, charges, conditions and eligibility criteria apply.

Reserving your Vehicle

8. The Website:
1. displays a particular model or models of BMW vehicle, some of which may be marked as “pre-production” or “for reservation only” (each a Vehicle);
2. All Vehicles: allows you to send a message to a Dealer regarding the Vehicle, in which case the information will be provided to the Dealer to respond to you;
3. New Vehicles: for each new Vehicle other than a vehicle which is listed without a manufacturer’s recommended drive-away price (MRDP) (such as those inviting you to “Contact Dealer” or for pre-reservation of stock ahead of the commencement of production (a Pre-production Vehicle)), may display a MRDP for the Vehicle with no added options other than the options (if any) set out by BMW, or which you select by using the Website;
4. Pre-production Vehicles: for each Pre-production Vehicle, may display vehicle characteristics and options that you may be able to select for customisation, and does not list a MRDP;
5. Demo and used Vehicles: for each demo or used Vehicle, may display the relevant Dealer’s proposed drive-away price for the Vehicle, inclusive of any taxes, duties, charges, fees and registration;
6. in the case of new or Pre-production Vehicles, allows you to select the Dealer from whom you wish to buy or order the Vehicle;
7. contains a form for you to provide your contact details and pay the Reservation Charge using the Payment Gateway Provider;
8. allows you to provide details to the relevant Dealer of any vehicle that you may wish to trade-in with any purchase of a Vehicle;
9. allows you to provide information to BMW Finance if you wish to apply for finance through that credit provider; and
10. allows you to request a test drive with the relevant Dealer and provide your proposed time (which is not a booking, and is subject to availability and confirmation by the Dealer).
9. After completing the form on the Website and paying the Reservation Charge:
1. in the case of new or Pre-production Vehicles, you and the Dealer will discuss the exact details of the Vehicle you wish to purchase or order, including:
1. the specific variant, colour, specifications and any accessories you wish to add to the Vehicle;
2. the purchase price of the Vehicle, which may differ from any advertised MRDP as the Dealer is the seller of the Vehicle and determines at its discretion the price at which it is willing to sell the Vehicle to you; and
3. the ordering, production and delivery process in relation to Pre-production Vehicles; and
2. in the case of demo and used Vehicles, you and the Dealer will discuss the particulars of the purchase of the Vehicle including the purchase price, which may differ from the price set out on the Website and is subject to your agreement with the Dealer; and
3. if and when the details above are agreed, you will sign a contract of sale with the Dealer in your name to purchase the Vehicle (Dealer Contract of Sale). To avoid doubt, BMW is not a party to those negotiations or any Dealer Contract of Sale.
10. Pre-production Vehicles may be new release vehicles, or vehicles that are only recently available in the Australian market. You acknowledge that:
1. BMW may not have determined its list prices and MRDP for the relevant model and/or specification at the time of advertising. Your chosen Dealer will notify you of the final drive-away price for the Vehicle and it will be set out in the Dealer Contract of Sale once available; and
2. If you do not sign a Dealer Contract of Sale or do not wish to order or take possession of a Reservation Vehicle, you will be eligible for a refund of your Deposit in accordance with these terms.
11. If you sign a Dealer Contract of Sale, subject to arrangements between you and the Dealer:
1. the Reservation Charge will be retained by the Dealer and applied towards the purchase price of the Vehicle in accordance with the Dealer Contract of Sale;
2. you will be required to pay the Dealer the purchase price set out in the Dealer Contract of Sale less the amount of the Reservation Charge; and
3. the Dealer will deliver the Vehicle to you in accordance with the Dealer Contract of Sale.
12. The drive away price for a Vehicle includes the base price of the Vehicle (which, in the case of the manufacturer’s recommended drive-away price or MRDP is the manufacturer’s recommended list price for the relevant vehicle), registration, GST, compulsory third party insurance (CTP), an estimated dealer delivery charge, stamp duty, luxury car tax (if applicable), options entered during the configuration process, and other applicable statutory charges and taxes. The amounts of some of these components are set by third parties over which BMW has no control, and are subject to change. The actual drive away price you pay for a Vehicle will be reached by you with the selling Dealer and set out in the Dealer Sales Contract.

Refund of the Reservation Charge

13. The payment of the Reservation Charge does not constitute the purchase or order of a Vehicle or transfer any conditional or actual title to the Vehicle.
14. If you ask the Dealer for a refund at any time prior to signing the Dealer Contract of Sale, the Dealer will refund the Reservation Charge to you in full via the Payment Gateway Provider to the credit card you provided on the Website.
15. You may also be entitled to seek a refund of the Reservation Charge from the Dealer in certain circumstances, depending on the terms of the Dealer Contract of Sale you sign, applicable statutory cooling off periods and your rights under the Australian Consumer Law.
16. The Dealer may cancel your order for a Vehicle if you do not sign a Dealer Contract of Sale within 5 days of being advised by the Dealer that the Vehicle you have ordered is available for purchase. In that event, the Dealer will promptly refund the Reservation Charge to you in full via the Payment Gateway Provider to the credit card you provided on the Website.
17. In the event of any cancellation of the reservation or payment to you of a refund in accordance with these terms, you acknowledge that your reservation of the Vehicle will cease, and the Dealer may offer to sell the Vehicle to any person.
18. The Reservation Charge relates to the particular Vehicle you select using the Website and is not transferable to another person or towards another Vehicle without the Dealer’s prior written consent (at their absolute discretion).

Privacy

19. By using the Website, you agree that BMW will collect your personal information, such as your name and contact details, and disclose those details to the Dealer for the purposes set out in these terms and conditions. If you do not provide your personal information on the Website, or BMW cannot otherwise collect all the information we request or need, we will not be able to provide the Service.
20. We will collect, use, disclose and handle your personal information in accordance with our Privacy Policy, which is available at https://www.bmw.com/en-au/footer/privacy.html or by calling 1800 682 385. This may include sharing your personal information with parties in the BMW Group of companies, authorised BMW dealers or other third parties associated with us, such as our service providers. These parties may be located outside Australia, including in Germany and the United States of America. Our Privacy Policy also contains information about how you can make access or correct your personal information, make a privacy complaint, and the extent to which we disclose personal information to overseas recipients.
21. Personal information provided to a Dealer will be used and disclosed in accordance with the Dealer’s privacy policy, which can be requested from the Dealer. Dealer websites and contact information can be found at https://www.bmw.com/en-au/fastlane/dealer-locator.html and https://www.mini.com.au/find-dealers.
22. Neither we nor the Dealer will receive credit card information you provide on the Website. This information will only be provided to the Payment Gateway Provider, and will be used in accordance with the Payment Gateway Provider’s privacy policy, a copy of which is available on the Website.
23. Personal information that you provide to BMW Australia Finance Limited will be collected, used, disclosed and handled in accordance with its Privacy Policy, which is available at https://www.bmw.com/en-au/footer/privacy.html or by calling 1800 682 385. This may include sharing your personal information with parties in the BMW Group of companies, authorised BMW dealers or other third parties associated with us, such as its service providers. These parties may be located outside Australia, including in Germany and the United States of America. The BMW Australia Finance Privacy Policy also contains information about how you can make access or correct your personal information, make a privacy complaint, and the extent to which it may disclose personal information to overseas recipients.

Other

24. BMW’s goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
1. to cancel your service contract with us; and
2. to a refund for the unused portion, or to compensation for its reduced value.
25. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
26. You represent and warrant that all information you provide using the Website is true and accurate. If any of the information you have provided is not true or not accurate, we may cancel your reservation of the Vehicle and advise the Dealer to cancel the order for the Vehicle and refund the Reservation Charge to you via the Payment Gateway Provider (subject to any obligations the Dealer may have to you under the Dealer Contract of Sale or applicable law).
27. Costs associated with using any website at which the Service is available are your responsibility and will be determined by the internet service provider you use.
28. To the full extent permitted by law, we exclude all liability for any loss (including any damage, claim, injury, cost or expense, including loss of opportunity) which you may suffer or incur in connection with the Service, including but not limited to any technical difficulties or access issues with the Website (whether or not under our control). To avoid doubt, this limitation does not apply to any Vehicle that you may, in due course, purchase under a Dealer Contract of Sale following your use of the Service.
29. BMW reserves the right to cancel the Service for any reason and at any time.
30. These Terms and Conditions are governed by the laws of Victoria and the parties submit to the non-exclusive jurisdiction of its courts.

Privacy Collection Notice

When you submit this request, BMW Australia Ltd (BMW) will collect your personal information in order to assist you with reserving, trading in, financing or booking a test drive for the vehicle of your choosing.

BMW may share your personal information with:

• parties in the BMW Group of companies (including Bayerische Motoren Werke Aktiengesellschaft and BMW Australia Finance Limited);
• authorised dealers; and
• other third parties associated with us, such as our service providers.

These third parties may be located outside Australia, including in Germany, Belgium, the Philippines and the United States of America.

Please note that credit card payments you make online are handled securely by a third party provider called Stripe. You can access Stripe’s Privacy Policy here.

Please note that if you choose not to provide the information, BMW may not be able to assist you with reserving, trading in, financing or booking a test drive.

Further information about how BMW handles personal information is available in our Privacy Policy or by calling 133 BMW (133 269). The Privacy Policy specifies how you can access and correct your information and make a privacy complaint.