Terms of Use
Thank you for visiting our website. The BMW Group appreciates your interest in the company and its products and services.
IMPORTANT
PLEASE READ THESE TERMS AND CONDITIONS BEFORE YOU PROCEED CAREFULLY. BY ACCESSING THIS SITE AND ANY PAGES THEREOF, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. THE AMOUNT AND TYPE OF INFORMATION RECEIVED DEPENDS ON HOW YOU USE THE SITE. IF YOU DO NOT AGREE TO THIS POLICY, PLEASE DO NOT ACCESS THIS SITE, OR ANY PAGES THEREOF.
1. Eligibility :
You warrant that you are competent to contract as per Indian Contract Act, 1872 in accordance with all terms and conditions of booking, sale and delivery of vehicle(s) manufactured and marketed by BMW India Private Limited (hereinafter referred to as "BMW India") through its Authorised Dealers available across India.
2. Copyrights
Copyright, BMW Group. All Rights Reserved.
The text, images, graphics, sound files, animation files, video files and their arrangement on the website made available by BMW Group Website are all subject to copyright and other intellectual property protection. These objects may not be copied for commercial use or distribution, nor may these objects be modified or reposted to other sites. The Website may contain images whose copyrights/TM are attributable to third parties.
3. Trademarks:
Unless otherwise indicated, all marks displayed on BMW website are subject to the trademark rights of BMW group, this applies especially to its model name plates, and its corporate logos and emblems.
4. Use of information and materials:
The information and materials contained in these pages, and the terms, conditions, and descriptions that appear, are subject to change. Unauthorized use of BMW's web sites and systems including but not limited to unauthorized entry into BMW's systems, misuse of passwords, or misuse of any information posted on a site is strictly prohibited. Not all products and services are available in all geographic areas. Your eligibility for particular products and services is subject to final determination by BMW and/or its dealers or affiliates.
5. Warranties, Liability:
The information on these websites is provided "as is" and without warranty of any kind, expressed or implied, including (but not limited to) any implied warranties of merchantability, fitness for any particular purpose, or non-infringement of third party rights. While the information provided is believed to be accurate, it may include errors or inaccuracies. In no event shall BMW Group India be liable to any person for any special, indirect or consequential damages of whatsoever kind arising out of your use or access to the website, including loss of profit or the like whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence), product liability or otherwise. BMW India is not liable to you for any damage or alteration to your equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the access or use of the website.BMW Group India is not responsible for the contents of websites that are maintained by third parties and therefore waives its liability for any links from this website to other websites.
6. Licences:
The BMW Group India has sought to achieve an innovative and informative website. However, you also need to understand that the BMW Group India must protect its intellectual property, including its patents, trademarks, and copyrights. Accordingly, please appreciate that no license to use the intellectual property of BMW Group companies or the intellectual property of third parties has been granted by this website.
7. Availability:
This site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation.
8. Modification of these terms of use:
BMW India reserves the right to change the terms, conditions, and notices under which the BMW India Web Sites are offered, including but not limited to the charges associated with the use of the BMW Web Sites. You are responsible for regularly reviewing these terms and conditions.
9. Additional Terms:
Certain sections or pages on this site deals with brands other than BMW which has separate and additional to these terms and conditions. In the event of a conflict, the additional terms and conditions will govern.
10. Data Protection.
The high standards you expect from our products and services are our guideline for handling your data. Our aim is to create and maintain the basis for a trusting business relationship with our customers and prospects. The confidentiality and integrity of your personal data is top priority for us. Further information on data protection, as well as your rights, can be found in our Privacy Policy
11. Prices
Price prevailing at the time of invoicing will be applicable. Ex-showroom price inclusive of GST (incl compensation cess) as applicable but excludes Road Tax, Tax collected at Source (TCS), GST on Tax collected at source, RTO, statutory taxes/fees, other local tax/cess levies and insurance. Prices and options are subject to change without prior notice. Prices and options are subject to change without prior notice. The ex-showroom price, offers and timeline for delivery of car are indicative only. Customers are advised to contact the booking dealer for final confirmation. The consumer offer on a vehicle, if applicable, will be set off while delivery of vehicle at the respective dealerships.
ONLINE VEHICLE BOOKING TERMS AND CONDITIONS
Glossary
- The “Dealer” means an Authorised Dealer of BMW India Private Limited (‘BMW India’) being authorised for selling Used Vehicle to the Customers.
- The “Customer” means such person interested in online booking of the Used Vehicle from a Dealer and includes any Individual/ Firm/ Proprietorship / Company or other legal entity.
- “Order Acceptance Date” means date of realisation of the Online / Net banking payment made by the Customer to the Dealer towards booking of the Used Vehicle.
- “Used Vehicle” means a BMW and/or MINI brand vehicle which was used for the Demo purposes or a vehicle used by an existing customer and available for Second Sale to the Customer in India. The Used Vehicle may be registered vehicle or not registered vehicle.
Contract
- The Customer has an option to choose the Used Vehicle, model and specification available in online platform. The online booking facility is for the convenience of the Customer.
- A copy of Order Booking Form along with receipt of payment will be provided by the Dealer to the Customer, if so required. Booking of the Used Vehicle in the joint name or in the name of minors shall not be valid and binding.
- In the event that Customer wants to make a booking of more than one Used Vehicle, the booking process is required to be repeated. In other words, one Used Vehicle can be booked per booking.
- Actual colour of the vehicle may differ from those shown in pictures. While BMW India and Dealer try to make sure all information posted here is accurate, we cannot be responsible for typographical and other errors (e.g., data transmission) that may appear on the site. If the posted price (including finance and lease payments) for a vehicle is incorrect and Dealer will endeavour to provide Customer with correct prices as soon as we become aware of the error. In the event a vehicle is priced incorrectly, Dealer shall have the right to refuse or cancel any orders placed for the vehicle presented with the incorrect price and BMW India do not have role in this regard.
- In case, the Customers seeks finance or lease or any kind of financial assistance through any Finance Company or Bank, BMW India or the Dealer shall not be held responsible for any delay or non-approval of financing/leasing by such Finance Company or Bank.
- Income Tax Permanent Account Number (PAN) is compulsory as per prevailing rules and regulations of Government of India and completing other statutory formalities while taking Used Vehicle delivery.
- Booking of Used Vehicle is non-transferable or non-assignable, except in case of of any unfortunate event to the Customer, subject to providing valid documents of nominee / legal representative.
- Any request for change in booking of Used Vehicle or its specification from the Customer shall be admissible only with prior discussion and acceptance by the Dealer.
Price and Payment details
- The prices specified herein are indicative and may not be final. The indicated price may differ due to purchase of any additional accessories, parts or products, services that may be availed by the customer, discounts, change in government taxes, duties, fees or levies, change of state of registration etc. BMW India or the Authorised Dealer shall not be responsible or liable to compensate for the difference in the prices due to aforesaid reasons or any reason beyond the control of BMW India or the Authorised Dealer.
- The prices, taxes, duties, registration charges, road taxes, insurance, as the case may be, Tax Collection at Source (TCS) etc. at time of invoicing of Used Vehicle shall be applicable and shall be borne by the Customer. Any increase in the price of Used Vehicle owing to but not limited to increase in Taxes or Governmental Levies or Registration Charges being applicable on the transaction shall be borne by the Customer. Please enquire with the concern Dealer for Details.
- The Booking amount paid by the Customer shall be adjusted against the Purchase price of the Used Vehicle at the time of invoicing by the Dealer subject to cancellation amount mentioned herein. The Customer shall make payment of balance amount alongwith other applicable taxes, expenses and charges thereon to the Dealer directly.
- Offers may vary from city to city, and variant to variant for all models. The prices of Used Vehicle may differ depending upon the place of delivery and additional optional equipment or accessories opted by the Customer.
- Delivery of the Used Vehicle by the Dealer shall only be made against 100% payment and completion of all necessary formalities to the satisfaction of the Dealer.
Used Vehicle Delivery by the Dealer
- Pictures are for representation purposes only.
- The Dealer shall inform anticipated date of delivery of the Used Vehicle to the Customer. The Dealer does not guarantee exact date of delivery of the Used Vehicle. The Customer shall not be entitled for the claim of any damages or losses of any kind for delay in the delivery or non-delivery of the Used Vehicle, due to unforeseen and unavoidable situations including but not limited to natural calamities, civil unrest, strikes, pandemic, shipment delays, force majeure or government restrictions, etc.
- The Dealer will not be responsible for any damage or shortage reported after the delivery is affected and the signature of the customer or his/her/it’s authorized representative (including transport contractor through whom the Used Vehicle is transported) obtained on Delivery Receipt.
- In case the Customer is a Company or Body Corporate, an authority letter from authorised signatory will be required to take physical delivery of the Used Vehicle.
- The sale and delivery of Used Vehicle shall be subject to fulfillment of all applicable statutory obligations and submission of requisite supporting documents. The originals of these documents will need to be produced at the Dealership. In the event of the Customers failure to ensure compliance of these requirements, the booking amount paid by the Customer is liable to be forfeited.
Cancellation
- Cancellation for Used Vehicle can only be done within 45 days after agreeing of the Order Acceptance Date.
- No cancellation charges shall be applicable for bookings made period till 30th June 2020. For any period thereafter the terms of the Sales Contract in this regard executed between Customer and Dealer shall prevail.
- The refund shall be initiated by respective Authorised Dealership within 30 days from the date of cancellation acceptance.
General
- The booking using this online facility is optional.
- BMW India and its Dealer shall not be responsible for the delay, loss or non-receipt of online booking information or any other form of submission not contemplated herein.
- Further, BMW India and its Dealer will not assume any liability of any inability or failure on their part in executing any order registered by any Customer on account of any causes, constituting a force majeure or otherwise, beyond their control.This site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation
- The supply against order shall be be governed by any statutory orders, rules and regulations imposed by Central and State Government including applicable Goods and Service Tax and other statutory levies for the time in force. The registration of Used Vehicle is done by the Regional Transport Authority of the State in accordance with law for the time being in force.
- Customer understand that sale of the Used Vehicle mentioned as in Order Booking is exclusively transacted between Customer and Dealer only. BMW India has no role whatsoever in this regard.
- The Customer acknowledges that BMW India is only providing assistance to them to locate the details of its authorised dealership across India to enable the Customer to get in touch with them directly without any involvement of BMW India. This does not in any circumstance result in any contractual arrangement between the customer and BMW India.
- BMW India shall not be liable for any act of omission or commission undertaken between the Dealer and the Customer in this regard.
Customer Data
- By Booking online, the Customer accepts and agrees to above terms and conditions and also gives his unconditional consent for being contacted for the Used Vehicle over his telephone/mobile phone/email/sms. Non-acceptance of any of these terms and conditions will result in cancellation.
- The Customer’s contact details will be shared with BMW India and/or its Group Companies for purpose of monitoring and conducting surveys to improve quality of services. The Customer hereby gives his/her consent for such data sharing and also has no objection whatsoever for such data sharing.
PLEASE REVIEW AND AGREE WITH THESE IMPORTANT TERMS AND CONDITIONS BEFORE PROCEEDING:
The user hereby takes notice and consents to the collection, lawful use and disclosure of his/her personal data as considered necessary by BMW India Financial Services Private Limited ("BMW Financial Services") and/or BMW representatives (including any affiliate company and/or other third parties) ("Operators") contracted by BMW Financial Services or its affiliates including the Operator's agents/contractors, authorized by the Operator for processing of personal data ("Third Parties") for the purposes of accessing and displaying his/her financial contracts with BMW Financial Services and for processing requests, providing the user with information and cost quotes for BMW's products and services and any other ancillary purposes.
The information stated is for illustrative purposes only and does not constitute an offer of credit facilities by BMW Financial Services. BMW Financial Services cannot be held liable for any error, omission and/or loss suffered by anyone as a result of reliance on the information set out.
Copyrights
Copyright, BMW Group. All Rights Reserved.
The text, images, graphics, sound files, animation files, video files and their arrangement on the website made available by BMW Financial Services are all subject to copyright and other intellectual property protection. These objects may not be copied for commercial use or distribution, nor may these objects be modified or reposted to other sites. The Website also contains material that is subject to the copyright rights of their providers.
Personal Data
The user agrees to the collection, use and disclosure of any personal data as necessary by BMW Financial Services, its Operators and Third Parties for the purpose(s) of (a) entering into, executing and performing of a sales and financing proposal; (b) marketing of products and services; (c) prevention of crime (including but not limited to fraud, money laundering and bribery); (d) research, benchmarking, statistical analysis and customer satisfaction surveys and (e) post sale services, such as customer loyalty programs.
BMW Financial Services shall endeavour to comply with all notification requirement under the Information Technology Act 2000 and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules 2011 ("Data Protection Laws") and both BMW Financial Services and the user will duly observe all their obligations under the Data Protection Laws, which arise in connection with this Agreement. Notwithstanding any general obligations stated above, where BMW Financial Services is processing personal data belonging to users, BMW Financial Services shall ensure that it has in place appropriate technical and contractual measures to ensure the security of the personal data (and to guard against unauthorized or unlawful processing of personal data and against accidental loss or destruction of, or damage to, the personal data).
Product variations
Some of the product information, illustrations and images contained in the BMW website may have been prepared for generic use on other BMW Financial Services websites maintained in different countries around the world. Consequently, some of the information and/or accessories which are not available in some countries or which, in order to satisfy local market demand or regulatory controls in such countries, may only be available in different specifications or configurations.
If the user is interested in any vehicle model, paint, option or accessory shown on the BMW Financial Services online website and are unsure of its availability or specification in the relevant locality, the user should contact BMW Financial Services and/or a local authorized dealer for the relevant product and other current details in desired locality.
Prices
All prices specified are indicative and do not constitute a final offer. Prices are subject to change without notice, and BMW Financial Services and its respective authorised dealership(s) listed in the BMW website reserve the right to make changes without prior notice. Prices reflected in the BMW Financial Services website may also differ from those offered in the showroom, for which the authorised dealer reserves the final right in determining the sale price.
Trademarks
Unless otherwise indicated, all marks displayed on BMW website are subject to the trademark rights of BMW group , this applies especially to its model name plates, and its corporate logos and emblems.
No Licenses
BMW Financial Services has sought to achieve an innovative and informative website for its users. The user, however, also needs to understand that BMW Financial Services must protect its intellectual property, including their patents, trademarks and copyrights. Accordingly, the user is hereby notified that neither the BMW website, nor any material contained therein shall in any way grant or be taken to grant any person a license to BMW Financial Services's intellectual property.
Cautions regarding forward-looking statements
website pages, investor relations releases, annual and interim reports, outlooks, presentations, audio and video files of events (live or recorded) and other documents on the BMW Financial Services website contain among other things forward looking statements that reflect management's current views with respect to future events. The words "anticipate", "assume", "believe", "estimate", "expect", "intend", "may", "plan", "project" and "should" and similar expressions identify forward-looking statements. Such statements are subject to risks and uncertainties, including, but not limited to: an economic downturn in Asia, Europe or North America; changes in currency exchange rates, interest rates and in raw material prices; introduction of competing products; increased sales incentives; the successful implementation of the new business model for smart; and decline in resale prices of used vehicles. If any of these or other risks and uncertainties occur, or if the assumptions underlying any of these statements is proved incorrect, then actual results may be materially different from those expressed or implied by such statements. BMW Financial Services does not intend or assume any obligation to update any forward-looking statement, which speaks only as of the date on which it is made.
Use of EMI Calculator
The data generated with the use of the EMI Calculator is completely and solely based on the information/details provided by the user in response to the questions specified by BMW Financial Services. These questions and the calculations thereon resulting in specific data are developed and based on certain tools and calculators that are made available to BMW Financial Services and are based on pre-determined presumptions/assumptions. BMW Financial Services , while providing and developing these tools, has relied upon and assumed, without independent verification, the accuracy and completeness of all information made available to it from public / private sources and vendors or which has otherwise been reviewed by BMW Financial Services . Such information and the resultant data is provided only for user's convenience and information purposes. BMW Financial Services does not guarantee accuracy, completeness or correct sequence of any the details provided therein and therefore no reliance should be placed by the user for any purpose whatsoever on the information contained / data generated herein or on its completeness / accuracy.
Availability
BMW Financial Services will use reasonable efforts to make the website available at all times. However you acknowledge the website is provided over the internet and mobile networks and so the quality and availability of the website may be affected by factors outside reasonable control for which BMW Financial Services shall not be made responsible.
BMW Financial Services, its group of companies and sub-contractors do not accept any responsibility whatsoever for unavailability of the website, or any difficulty or inability to download or access content or any other communication system failure which may result in the website being unavailable.
Conditions Of Use
You will not, nor allow third parties on your behalf to (i) make and distribute copies of the content of the website (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the content of the website; or (iii) create derivative works of the content of the website of any kind whatsoever.
Termination
BMW Financial Services has the right to terminate use and access of the website at any point of time. Upon any termination, (a) the rights granted to you herein shall terminate; (b) you must cease all use of the website.
Limitation Of Liability
In no event will BMW Financial Services be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of your use or access to the website, including loss of profit or the like whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence), product liability or otherwise. BMW Financial Services is not liable to you for any damage or alteration to your equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the access or use of the website.
Disclaimer Of Warranties
To the maximum extent permitted by law, and for the avoidance of doubt, BMW India Financial Services hereby disclaims all implied warranties with regard to the website. The website alongwith its contents are provided "as is" and "as available" without warranty of any kind.