1. What these terms cover
1.1 These terms and conditions ("Terms") apply when you pre-order a configured First Edition MX-30 vehicle ("Pre-Order Vehicle") online ("Pre-Order") at Mazda.co.uk and pay a deposit.
1.2 Please read the following Terms carefully before you place a Pre-Order and pay a deposit for your Pre-Order Vehicle. Before placing a Pre-Order you will need to agree to these terms and conditions by ticking the box below.
2. Parties to the Terms
2.1 These Terms will be between you and the relevant Mazda dealer that you will be promoted to select (the "Nominated Dealer") when placing a Pre-Order and making a deposit.
2.2 You can contact the Nominated Dealer by telephone or email https://www.mazda.co.uk/forms/find-a-dealer/
3. Pre-Order Vehicle
3.1 You will be able to select the exterior colour of the Pre-Order Vehicle when placing a Pre-Order from the list of colours available. Please note that this is the only variable specification of the Pre-Order Vehicle.
3.2 Once you place your Pre-Order and select your Pre-Order Vehicle, you will be entitled to change your exterior colour selection, however this will be subject to availability at the time you enter into a binding purchase agreement for the vehicle. If your Nominated Dealer is unable to offer you a vehicle with your updated colour preference, you can apply your deposit to a different model of the MX-30, however please note there may be an adjustment to the price of such vehicle.
3.3 Please note that placing a Pre-Order for a Pre-Order Vehicle is not a binding order to enter into a purchase agreement ("Purchase Agreement") with the Nominated Dealer. You will have to enter into a full Purchase Agreement with the Dealer in accordance with clause 7 below.
3.4 The technical specifications of the Pre-Order Vehicle at the time of placing your Pre-Order may not reflect the final production vehicle. The final technical specifications of the Pre-Order Vehicle will be available at the time you enter into a Purchase Agreement with the Nominated Dealer.
4.1 You may only place a Pre-Order for a Pre-Order Vehicle if you are a UK consumer over the age of 18 or if you are a sole trader.
4.2 Only one (1) Pre-Order can be made per customer. Any additional Pre-Orders will be cancelled by the Nominated Dealer.
5. Placing a Pre-Order and making a deposit
5.1 Pre-Orders can only be made online at Mazda.co.uk (the "Pre-Order Site").
5.2 In order to place a Pre-Order you must:
a. complete the required details on the Pre-Order Site. You represent and warrant that all information provided by you, such as your address and email address are correct and will be kept up to date; then
b. select the Nominated Dealer that you want to enter into a binding Purchase Agreement with; then
c. review and submit your request for a Pre-Order by following the prompts on the Pre-Order Site.
5.4 Mazda will then send you an email acknowledging receipt of your Pre-Order request and confirming that your Pre-Order request has been forwarded to your Nominated Dealer. Please note that this does not mean that your Pre-Order has been accepted by your Nominated Dealer. The Nominated Dealer will then contact you using the contact information you submitted when placing your Pre-Order to discuss and progress your Pre-Order.
5.5 To secure your Pre-Order for a Pre-Order Vehicle you will be required to place a recommended deposit of £800 with your Nominated Dealer. The final amount of the deposit required will be determined by the Nominated Dealer you selected and will be notified to you. The payment method for the deposit (i.e. credit card, cheque) will be as agreed between you and the Nominated Dealer. Following receipt of your deposit the Nominated Dealer will confirm acceptance of your Pre-Order. Your Pre-Order for a Pre-Order Vehicle is not secure until the Nominated Dealer has received and confirmed receipt of your deposit. If the Nominated Dealer does not confirm receipt of your deposit within 10 days of date your Pre-Order was initially placed, your Pre-Order will be cancelled.
5.6 Please be aware that placing a Pre-Order for a Pre-Order Vehicle does not guarantee the production position of the Pre-Order Vehicle or a defined delivery date of the Pre-Order Vehicle.
5.7 The full order to purchase the Pre-Order Vehicle will be subject to the binding Purchase Agreement between you and the Nominated Dealer. Mazda has no responsibility for the deposit you place with respect to the Pre-Order, or the delivery to you of your Pre-Order Vehicle.
5.8 If the Nominated Dealer is unable to accept your Pre-Order, it will inform you of this in writing and will not accept payment of the deposit or process the Pre-Order. This might be because the Pre-Order scheme has been cancelled.
6. Refunding the Deposit
6.1 At any point before entering into a Purchase Agreement with the Nominated Dealer for your Pre-Order Vehicle, you can cancel your Pre-Order and request a refund of your deposit.
6.2 You must contact your Nominated Dealer to cancel your Pre-Order and to arrange for a refund of the deposit.
6.3 The Nominated Dealer will make any refunds due to you as soon as possible and in any event your refund will be made within 14 days of your telling the Nominated Dealer that you have changed your mind. The Nominated Dealer will refund you by the method you used when making the deposit.
6.4 Please contact your Nominated Dealer if you have any questions or concerns regarding refunds or cancelling your Pre-Order.
7. Purchase Agreement
7.1 If the Nominated Dealer has accepted your deposit for a Pre-Order Vehicle, you will be entitled to purchase the Pre-Order Vehicle (and make the full payment) subject to entering into a Purchase Agreement.
7.2 Your Nominated Dealer will contact you when you are eligible to enter into a Purchase Agreement.
7.3 Please be aware that you cannot enter into a Purchase Agreement online and you must do this in person by visiting the Nominated Dealer's physical dealership.
7.4 If you enter into a Purchase Agreement for a Pre-Order Vehicle, then the deposit payment will be deducted from the final purchase price under the Purchase Agreement. If you do not go on to purchase the Pre-Order Vehicle, then the deposit payment will be refunded to the same payment method used to make the deposit.
7.5 If you enter into a Purchase Agreement, your Nominated Dealer will give you an estimated delivery window for your Pre-Order Vehicle which at the time of agreeing to these Terms is early 2021. This delivery window could be impacted by a number of factors beyond Mazda’s or your Nominated Dealer’s control. Your Nominated Dealer will endeavour to deliver your Pre-Order Vehicle in line with these dates, however reserves the right to alter these dates without prior notice, and neither Mazda nor your Nominated Dealer will be liable to you for any delay in delivery.
7.6 Once your binding order has been placed, you should contact your Nominated Dealer to discuss or make any changes to your binding order. Should you wish to contact Mazda Motors UK Ltd for any reason, please phone us on 03457 48 48 48.
8. Marketing and how the Nominated Dealer uses your personal information
8.1 Subject to you providing the necessary consent, the Nominated Dealer and/or Mazda will keep you up-to-date with news and information about the Pre-Order Vehicle.
9. Nominated Dealer's liability to you
9.1 The Nominated Dealer will perform its respective obligations under these Terms with reasonable skill and care. If the Nominated Dealer fails to comply with these Terms, it will be responsible for loss or damage you suffer that is a foreseeable result of it breaking this contract or the Nominated Dealer failing to use reasonable skill and care, but it will not be responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both the Nominated Dealer and you knew it might happen.
9.2 The Nominated Dealer will not be liable to you for losses which you suffer due to any event beyond its reasonable control. If such an event takes place that affects the Nominated Dealer's performance of its obligations the Nominated Dealer will let you know as soon as it reasonably can.
9.3 The Nominated Dealer does not exclude or limit in any way its liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by the Nominated Dealer's negligence or the negligence of its employees, agents or subcontractors; for fraud or fraudulent misrepresentation; and for any other matter which it would be illegal for the Nominated Dealer to exclude or attempt to exclude its liability.
9.4 If you use the Pre-Order service for any commercial, business or re-sale purpose, the Nominated Dealer will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
9.5 You may have other rights granted by law and these Terms do not affect these.
10.1 Mazda may amend these Terms from time to time by providing notice on https://www.mazda.co.uk/terms-and-conditions/ Please therefore ensure you review the Mazda site from time to time. If you do not agree with any changes, you may request a refund of your deposit and cancel your Pre-Order for a Pre-Order Vehicle.
11.1 "Writing" includes emails. When the words "writing" or "written" are used in these Terms, this includes emails.
12. The Nominated Dealer may transfer its rights and obligations under these Terms to another organisation. The Nominated Dealer will notify you of this by letter or email.
12.1 You may only transfer your rights or your obligations under these Terms to another person if the Nominated Dealer agree to this in writing.
12.2 If a court finds any part of these Terms illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
12.3 The Nominated Dealer is not responsible for delays outside its control. If the Nominated Dealer is prevented from complying with its obligations set out in these Terms due to an event outside its control (including any acts or omissions of yourself which cause the Nominated Dealer a delay) it will not be in breach of these Terms.
12.4 If the Nominated Dealer does not insist that you perform any of your obligations under these Terms, or if the Nominated Dealer does not enforce its rights against you, or if the Nominated Dealer delays in doing so, that will not mean that the Nominated Dealer has waived its rights against you or that you do not have to comply with those obligations. If the Nominated Dealer does waive any rights, that will not mean that it will automatically waive any right related to any later default by you.
12.5 As a consumer, you have legal rights in relation to services that are not provided with reasonable skill and care or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
12.6 If the Nominated Dealer needs to contact you or give you notice in writing, it will do so by phone, e-mail or by pre-paid post at the contact details you provide during the Pre-Order process.
12.7 Should you have any questions or complaints about your Pre-Order, or wish to contact the Nominated Dealer for any other reason, you can do so by contacting (i) your Nominated Dealer; or (ii) Mazda on 03457 48 48 48.
13. Applicable law and venue
13.1 These Terms are governed by English law and you can bring legal proceedings in respect of these Terms in the English courts. If you live in Scotland you can bring legal proceedings in respect of these Terms in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of these Terms in either the Northern Irish or the English courts.
13.2 Finally, if you are not happy with how the Nominated Dealer has handled any complaint, you may want to contact the alternative dispute resolution provider the Nominated Dealer uses. Your Nominated Dealer will confirm what alternative dispute resolution provider it uses and how you can submit a complaint to it (i.e. via the alternative dispute resolution provider's website). If you are not satisfied with the outcome reached by the alternative dispute resolution provider, you can still bring legal proceedings. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.