1. These terms and conditions apply to your use of the “BMW Configurator” website (Website).
2. The Website allows you to configure a BMW vehicle by selecting a base model and applying various options which may be available to customise the relevant vehicle, submit your personal information to arrange a test drive, or link to the BMW Shop website to reserve a vehicle with the same or a similar configuration (the Service).
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 Service only. The Service does not include the services provided by BMW’s “BMW Shop” website, which are governed by separate terms and conditions available at that website (shop.bmw.com.au).
6. BMW is not the seller of any vehicles shown using the Service, and, to the extent permitted by law, is not responsible for the sale or delivery of any vehicle to you or any representations about the sale made by an authorised BMW Dealer (including with regard to the time that a vehicle may be available for purchase or delivery to you).
7. While BMW strives to ensure that the information set out in the Website is correct and up-to-date, BMW does not represent or warrant the completeness, accuracy or availability of the information.
8. Manufacturer’s Recommended Drive-away Price (MRDP) is an estimated price which includes the manufacturer’s recommended retail price for the vehicle, registration, compulsory third party insurance (CTP), an estimated dealer delivery charge, stamp duty, luxury car tax, options entered during the configuration process, and other applicable statutory charges. 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 any BMW vehicle will be agreed by you with the selling Dealer and set out in the Dealer Sales Contract.
Privacy
9. 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.
10. We will, collect, use, disclose and handle your personal information in accordance with our Privacy Policy, which is available at www.bmw.com.au/privacy or by calling 133 BMW (133 269). This may include sharing your personal information with parties in the BMW Group of companies, authorised BMW or MINI 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.
11. Personal information provided to a Dealer will be used and disclosed in accordance with the Dealer’s privacy policy, which can requested from the Dealer. Dealer websites and contact information can be found at https://findadealer.bmw.com.au and https://www.mini.com.au/find-dealers/.
Other
12. You represent and warrant that all information you provide using the Website is true and accurate.
13. Costs associated with using the Website are your responsibility and will be determined by the internet service provider you use.
14. You acknowledge that the Website and Service may be unavailable from time to time for reasons including scheduled and unscheduled maintenance, or general outages. We do not represent and warrant that the Website and Service will be available at all times and, to the extent permitted by law, exclude all liability in connection with any unavailability.
15. 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).
16. We reserve the right to cancel the Service for any reason and at any time.
17. These Terms and Conditions are governed by the laws of Victoria and the parties submit to the non-exclusive jurisdiction of its courts.