Electric Reservation AgreementBrompton ElectricTM Bike – Reservation Terms and Conditions
These terms and conditions apply to, and constitute the agreement (“Agreement”) between you and Brompton Bicycle Limited of Unit 1, Ockham Drive, Greenford, London, UB60FD, UK (“we”) in relation to, the reservation payment by you to secure a place on our reservation list to receive an invitation to place an order for a Brompton ElectricTM bicycle (“Electric Bicycle”) with us.
By entering into this Agreement you confirm that you wish to secure a place on our reservation list to purchase an Electric Bicycle with us.
2. Nature of agreement
This Agreement is only to reserve you a place on our reservation list for one Electric Bicycle. It does not constitute an agreement for the sale of an Electric Bicycle and does not lock in pricing of the Electric Bicycle or an estimated delivery date. You are under no obligation to purchase an Electric Bicycle from us, and we are under no obligation to supply you with an Electric Bicycle or any other bike. If and when we notify you of the availability of an Electric Bicycle, and if you wish to proceed with purchasing an Electric Bicycle, such sale and purchase will be governed by a separate and legally binding purchase agreement between you and us.
3. Effective date
This Agreement is formed and becomes effective once both (1) it is accepted by you (by indicating your acceptance to these terms and conditions on our website), and (2) we receive your full reservation payment referred to in clause 4 in cleared funds.
4. Reservation and Payment
4.1. You are required to pay a reservation payment of £200 in order to secure your place on our Electric Bicycle reservation list.
4.2. You acknowledge that you are requesting us to place you on our Electric Bicycle reservation list and to send you communications and updates about the Electric Bicycle as soon as this Agreement becomes effective.
4.3. You are entitled to request the return of your reservation payment at any time prior receipt of the Invitation Email referred to in clause 5.1 below. Upon our receipt of such request we will return your reservation payment to you within 14 days and you will lose your place on our Electric Bicycle reservation list.
4.4. We reserve the right decline your reservation or to terminate this Agreement at any time for any reason by notifying you of this and we will return your reservation payment to you in full within 14 days.
5. Purchase process
5.1. When we are ready to do so, we will email you to invite you to purchase the Electric Bicycle on our website (“Invitation Email”) and provide you with further details of the available options for the Electric Bicycle and the process for collecting your Electric Bicycle when available, which will be from your choice of a number of participating Brompton dealers nationwide.
5.2. We estimate being in a position to send Invitation Emails to those on our Electric Bicycle reservation list from early 2018 onwards. However, please note this is an estimate only and the actual time of our Invitation Email may be different. We may update you on this timetable by email.
5.3. You will have a period of 45 days from the date of our Invitation Email to you to place an order for an Electric Bicycle on our website. Please also see clause 6.2 below.
6. Decision not to purchase
6.1. We are anticipating high demand for our Electric Bicycle. Accordingly, if you decide not to purchase the Electric Bicycle please contact us to cancel your reservation as soon as possible and in any event no later than 45 days after we send you the Invitation Email referred to in clause 5. We will confirm this deadline in the Invitation Email that we send you. Upon our receipt of such cancellation request we will return your reservation payment to you, less our administration fee of £15, within 14 days and you will lose your place in our Electric Bicycle reservation list.
6.2. After the 45 days have expired, if you have not purchased the Electric Bicycle on our website, or contacted us to cancel your reservation, then we will automatically return your reservation payment to you, less our administration fee of £15, and you will lose your place on our Electric Bicycle reservation list.
7. Purchase price
Any Electric Bicycle pricing available at the time of your reservation is for indicative purposes only and is subject to change. The final price you pay for your Electric Bicycle will be confirmed when your Electric Bicycle purchase order has been confirmed by us. In the event of your purchase order being confirmed, your purchase price for the Electric Bicycle will be discounted by the amount of the reservation payment we have received from you under this Agreement..
8. Data protection and marketing
8.1. Our commitment to you: We take your privacy seriously and we will process your personal
information in full compliance with applicable data protection laws and as described in our
8.2. Required processing: We will use personal information that you provide to us so that we can perform our obligations under this Agreement, including processing your reservation payment (and any return payments), reservation and (if applicable) purchase, and updating you about
the Electric Bicycle.
8.3. Optional notifications: Where you have indicated that we may, we will use your information
to notify you about our goods and services in which we believe you may be interested. Except for those concerning the Electric Bicycle reservation list, our other notifications are optional and you can withdraw your consent to receiving them at any time by contacting us at email@example.com. Unsubscribing from our optional notifications will not affect your place on the Electric Bicycle reservation list.
9. Limitation of liability
9.1. Nothing in this Agreement excludes or limits our liability for: (a) death or personal injury arising from our negligence; (b) fraud or fraudulent misrepresentation by us; or (c) any other liability to the extent that it cannot be excluded or limited by applicable law.
9.2. To the maximum extent permitted by applicable law, we make no warranty of any kind in connection with this Agreement or its subject matter.
9.3. We are not liable for any: (a) loss of profits, sales, business, revenue or opportunity; (b) loss or corruption of data; (c) loss of software or the use of computer equipment; (d) business interruption; (e) loss of anticipated savings; (f) loss of business opportunity, goodwill or reputation; (g) special, indirect or consequential losses or damage.
9.4. To the maximum extent permitted by law, in no event will our aggregate liability for all claims relating to this Agreement exceed £200.
10. Governing law and jurisdiction
This Agreement and the contractual relationship between us shall be governed by and construed in accordance with English law and any dispute arising out of or in connection with them shall be subject to the exclusive jurisdiction of the English Courts.