MINI service inclusive
TERMS AND CONDITIONS.

MINI – Service Inclusive Terms United Kingdom

1. About us and these terms

1.1 We are BMW (UK) Limited, a company registered in England and Wales with company registration number 01378137. We use trading styles that include MINI and MINI UK. Our registered office is at Summit One, Summit Avenue, Farnborough, Hampshire, GU14 0FB.

1.2 In these terms:

1.2.1 ‘we’, ‘us’ or ‘our’ means BMW automotive (Ireland) Limited,

1.2.2 ‘you’ or ‘your’ means the person ordering Service Inclusive, who will be named on the Order Confirmation,

1.2.3 our ‘Retailers’ means our authorised MINI agents in Ireland, and

1.2.4 our ‘Website’ means www.MINI.co.uk

1.3 These terms and conditions (Terms) apply to Service Inclusive packages sold by us on our Website or via our Retailers. We may change these Terms from time to time but if we do the version current at the time you purchased your Service Inclusive package will continue to apply to your contract with us.

1.4 Our Retailers will deliver the Service Inclusive services to you on our behalf.

1.5 If at any time we or our Retailer are required to notify you of anything under these Terms, we will write to you by email using the contact details provided in your order. If your contact details change, please let us know soon as possible.

2. The Service Inclusive package

2.1 The Service Inclusive package covers the provision of the required standard services for your vehicle during the package term for a fixed purchase price. Details of the standard services covered, the term, eligibility and the price are provided below. Please note that you will not be able to claim under your Service Inclusive package if any of the exclusions listed in section 3 apply.

2.2 You may only purchase the Service Inclusive package appropriate for your vehicle.

3. Exclusions

3.1 Your Service Inclusive package will not apply if any of the following exclusions apply –

3.1.1 your vehicle does not indicate that a service is required

3.1.2 your vehicle has not been operated properly

3.1.3 your vehicle has been overstressed (e.g. due to use in motorsport competitions)

3.1.4 the maintenance intervals displayed in your vehicle for motor oil change, air filter, fuel filter, micro filter, spark plugs and brake fluid, or the time and mileage requirements specified by BMW for vehicle check and standard scopes have not been met, and/or

3.1.5 your vehicle has undergone any form of unapproved aftermarket tuning or performance enhancement.

4. Your contract with us

4.1 By placing an order, you are asking us to agree to provide the Service Inclusive package to you. We do not have to accept your order. If your order is declined, we will tell you.

4.2 A contract will only come into existence between you and us when we tell you that we have accepted your order by sending you confirmation from the preferred retailer.

4.3 If we accept your order your Service Inclusive package will start at the point of vehicle registration and continue for the Term. The Service Inclusive Package is vehicle-based and cannot be transferred to another vehicle. If you sell or otherwise dispose of your vehicle whilst the Service Inclusive package is continuing the remaining benefit of the Service Inclusive package will transfer with the vehicle.

4.4 If your vehicle is written off or is otherwise unable to be used (a total loss of use), unless that total loss of use is due to our negligence or the negligence of our Retailers, you will not be entitled to any compensation or refund of the cost of your Service Inclusive package.

4.5 There are a number of factors outside of our control that may affect our ability to deliver the Service Inclusive package to you.

5. Price

5.1 The price of the Service Inclusive package is the price specified on our Website or such other price as our Retailer offers to you. You may either pay the Price before or at the time you take delivery of your vehicle by adding Service Inclusive to your vehicle order or through any MINI Retailer up to the point of the vehicles first service. Alternatively, if you have decided to use a finance agreement to cover the cost of your new vehicle you may be able to add the Price of the Service Inclusive package to the amount you are financing.

5.2 If there is a change in the rate of VAT the Price may change accordingly.

6. Payment

6.1 Around the time that the vehicle is ready for collection, we will send you a payment request (the Payment Request):

6.1.1 If you have told us you will be buying the vehicle for cash or if you are taking out a finance agreement but you have told us that you don’t want the cost of your Service Inclusive package to be covered by your finance agreement, we will include the cost of your Service Inclusive package on the Payment Request; or

6.1.2 If you have told us you are taking out a finance agreement the price of your Service Inclusive package will be included in your finance agreement [unless you have told us you don’t want it to be included in your finance agreement].

6.2 You must make payment of the amount stated on the Payment Request to us by bank transfer from a UK account in your name.

7. Redemption of the Service Inclusive package

7.1 You can redeem the services covered by your Service Inclusive package at any of our [participating] Retailers who are a MINI Service Authorised Workshop. Further information on our participating Retailers are available at https://www.mini.co.uk/en_GB/home/find-a-mini-centre.html

7.2 Subject to the exclusions in Section 3, you may claim any services covered by your Service Inclusive package, regardless of how often the services are required during the term of your Service Inclusive package. However, Services can only be requested if the intelligent maintenance system (Condition Based Service / CBS) in the vehicle indicates the Service requirement.

7.3 Work carried out under your Service Inclusive package will be indicated by the vehicle's on-board computer and MINI guidelines. Work must be carried out in line with MINI service schedules and MINI repair instructions (copies of which are available on request) which may be updated or varied from time to time in line with the manufacturer's instructions.

7.4 Further details of the available Service Inclusive Packages can be found at https://www.mini.co.uk/en_GB/home/owners/service-with-mini/maintenance-and-repair/mini-service-inclusive.html

8. Cancellation rights

8.1 If you cancel your contract for a vehicle your contract for a Service Inclusive package will automatically be cancelled.

Consumer cancellation rights if you are not entering into a finance agreement –

(1)Distance Cancellation Rights

8.2 If you are a consumer not intending to enter into a finance agreement, and you order your Service Inclusive package via distance means (including through the Website or via email), in other words your contract falls within the definition of a ‘distance’ contract for the purposes of the Consumer Contracts Regulations 2013, you have the right to cancel your contract at any time up to 60 calendar days from the date the Service Inclusive package starts which is when you take ownership of the vehicle (the Distance Cancellation Rights) unless one of the exclusions listed at Section 9.2 applies. Your Distance Cancellation Rights are subject to the important conditions detailed below.

8.3 Distance Cancellation Rights do not apply if you visit our Retailer during the sales process and speak to a sales agent about your order.

8.4 You can cancel by contacting a retailer or contacting us via email on minisales.uk@mini.co.uk or by calling us on 0370 50 50 175. You must clearly state your decision to cancel your contract, including details of your name, postal address, details of the order you wish to cancel and, where available, your phone number and email address. An example form is available at the end of these Terms to assist with the notification process.

8.5 We will provide a full refund of the Price within 60 days after the date of your notice to cancel. If you have taken delivery of vehicle we will make the refund no later than 14 days after the date on which we receive the vehicle or, if earlier, the date on which you supply evidence to us that you have returned the vehicle to us, together with all keys and documentation.

8.6 Refunds will be made by direct bank transfer to the same account from which you made payment.

8.7 Once you have cancelled your Service Inclusive package you may not revoke your cancellation.

8.8 When your Distance Cancellation Rights have expired, you cannot cancel your contract with us, unless you have a right to do so.

(2)Additional Cancellation Rights if you are not entering into a finance agreement

8.9 If the Distance Cancellation Rights do not apply to you:

8.9.1 you can cancel your Service Inclusive package agreement with us before you take ownership of the vehicle. Any money you have paid for the Service Inclusive package will be refunded to the same account that you made payment from;

8.9.2 you cannot cancel your contract with us after you have taken ownership of the vehicle (unless you have a legal right to do so);

8.9.3 we will provide a full refund if you cancel your contract with us and you have a valid legal reason to do so.

(3)Our rights to cancel

8.10 We may cancel the Service Inclusive package contract with you if you fail to comply with these Terms, for example if:

8.10.1 you fail to make payment as required (see Section 6);

8.10.2 you fail to collect or accept delivery of the vehicle (see Section 7);

8.10.3 we discover that you have provided false or misleading information; or

8.10.4 we have reasonable grounds to suspect that you are engaged in fraudulent or unlawful activity, are subject to sanction or export control measures, or intend to resell or export the vehicle after taking possession of it.

8.11 If we cancel the contract in any of the circumstances described above at 8.10 you will be required to reimburse us for any costs we have incurred as a result of your breach of these terms.

9. Problems with your Service Inclusive package

9.1 If you have any problems with your Service Inclusive package, please contact a retailer. If they are unable to resolve your complaint to your satisfaction you can contact us directly at minisales.uk@mini.co.uk or 0370 50 50 175 or refer your complaint to the Motor Ombudsman, who can be reached using the following details:

71 Great Peter Street, London SW1P 2BN<br />0345 241 3008<br />www.themotorombudsman.org

Consumer rights in relation to your Service Inclusive package

9.2 If you are a consumer, you have legal rights under the Consumer Rights Act 2015. Your rights will depend on the issue and when you notify us of the problem. This may include the right to the right to reject the Service Inclusive package and cancel your contract with us.

9.3 Your consumer rights are in addition to any contractual rights you may have under your MINI vehicle warranty if you discover a fault with your vehicle. For more information on our warranties, please visit our Website: MINI Warranties | Servicing and Repairs | MINI UK

10. Changes to your Service Inclusive package and these Terms

10.1 We may need to amend the specification of your Service Inclusive package for safety reasons, or to reflect a change in law or our manufacturing processes. If this will have a noticeable impact on the scope of the services covered, we will contact you to tell you about the change.

10.2 We may make changes to these Terms:

10.2.1 if the changes are of a minor or administrative nature and will not have a noticeable impact on your rights; or

10.2.2 if the changes are essential in order to comply with a statutory requirement coming into force, in which case we will notify you of the changes. If we make the changes before the date on which your vehicle is registered, you may cancel your Service Inclusive package contract with us and we will provide a full refund of any payments made to us using the same account details you provided when you placed your order.

11 Our liability

11.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not 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 we and you knew it might happen, for example, if you told us about it during the sales process.

11.2 We are not responsible for any delays in delivery or performance that are outside of our reasonable control.

11.3 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; and for breach of your legal rights.

11.4 Unless you are entering into the contract as a business or trader (in which case Section 17 applies), we only supply vehicles for domestic and private use. If you subsequently use the vehicles for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

12. Other terms

12.1 We may transfer our rights and obligations under these Terms to another organisation, but we will notify you in writing if we do so. You may only transfer your rights or obligations under these terms to another person if we agree to this in writing.

12.2 This contract is between you and us. No other person shall have any rights to enforce any of its terms.

12.3 Any declarations or notifications you or we make under these Terms will only be effective if made by email or otherwise in writing. Oral statements or agreements are not sufficient, unless we have confirmed them by email or otherwise in writing.

12.4 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.

12.5 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

12.6 These terms and any disputes arising out of, or in connection with them, including non-contractual disputes or claims, are governed by English law, and you can bring legal proceedings in respect of the vehicles in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the vehicles in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the vehicles in either the Northern Irish or the English courts.

13. Special terms if you are a business or trader

13.1 Authorisation. If you are entering into a contract on behalf of a company or other body corporate the following additional conditions apply:

13.1.1 when you place your order, in addition to the requirements set out in Section 4, you must also confirm that you are authorised to sign on behalf of the purchaser before we can accept your order. We reserve the right to require evidence of this authorisation before we issue the Order Confirmation; and

13.1.2 before we arrange delivery, the individual named in the Order Confirmation must provide details of the individual who will collect or accept delivery of the vehicle(s) on behalf of the purchaser (who must also be duly authorised to do so). In addition to the requirements set out in Section 7, before we can hand over the vehicle(s), the person collecting or accepting delivery of the vehicle(s) must:

(a) show photographic proof of identity in the form of a driving license or passport; and

(b) sign the MINI vehicle handover form on behalf of the purchaser to confirm that the purchaser has inspected the vehicle and found it to be in an acceptable condition.

13.2 Cancellation. You do not have any of the consumer rights listed under Section 9 and 10, including the Cancellation Rights. Your contract with us is binding and we may recover from you our costs if you cancel at any time after the date of your Order Confirmation (unless you are entitled to do so legally because of something we have done wrong). From the point you take ownership of the vehicle you will have no right to cancel your contract with us.

13.3 Liability. In addition to the exclusion on liability for unforeseeable losses, we will have no liability for any indirect or consequential losses arising out of our failure to comply with these Terms.

13.4 Entire agreement. Our agreement with you shall be exclusively governed by these Terms.

Example Cancellation Form