CUPRA Online Ordering Agreement
Terms and Conditions
1. Volkswagen Group Australia Pty Ltd ABN 14 093 117 876 trading as ‘CUPRA Australia’ (CUPRA, us or we) offers the ability to place a deposit on all CUPRA Vehicles through the www.cupraofficial.com.au website (the Website) by placing a $1,000 deposit on the selected vehicle (the Service).
2. Your use of the Service is governed by these Terms and Conditions, and by using the Service, you agree to these Terms and Conditions.
3. To be eligible to use the Service you must be aged over 18 years and be an Australian resident residing in Australia.
4. This not a contract to purchase a CUPRA vehicle. The purchase of a CUPRA vehicle by you will be subject to you entering into a Sales Contract with us which will be provided to you at a later date.
Order Process
5. On the Website, you can:
a. Configure your CUPRA vehicle using various filters (Selected Vehicle), or select a stock vehicle with preconfigured specifications (Stock Vehicle) (‘CUPRA vehicle’ means the Selected Vehicle or Stock Vehicle, as applicable);
b. Nominate the authorised CUPRA Garage (CUPRA Garage) from which you want to collect the CUPRA vehicle, should you agree to purchase it; and
c. Provide your contact details and pay us a deposit fee using your credit card (the Deposit Fee). We will not store your credit card details and a third-party gateway provider will be used to process your payment.
6. Once the Deposit Fee has been processed, please retain the order confirmation as proof of the Deposit Fee.
7. Once your order is received, the CUPRA Garage will contact you to discuss your CUPRA vehicle and an approximate delivery date.
8. We cannot guarantee that your Selected Vehicle will be delivered by the approximate delivery date as it may be significantly impacted by a variety of factors. Your CUPRA Garage will be able to provide you more up to date advice and discuss delivery options with you.
9. Neither we, nor the CUPRA Garage is liable for any direct or indirect loss or damage you might suffer as a result of delays in the delivery of, or the failure to deliver, the CUPRA vehicle.
10. If you would like to transfer the Deposit Fee to another vehicle in the CUPRA vehicle range, you will need to get the consent of your CUPRA Garage.
11. The Deposit Fee cannot be used on anything other than the purchase of a CUPRA vehicle.
12. The payment of the Deposit fee does not secure ownership of the CUPRA vehicle. To buy the CUPRA vehicle, you will need to sign a contract of sale for the CUPRA vehicle (Contract of Sale).
Refund of the Deposit Fee
13. You can terminate this agreement and seek a refund of the Deposit Fee from CUPRA Australia at any time prior to signing the Contract of Sale by using the refund mechanism in the Confirmation Email. After receiving this request, we will refund the Deposit Fee in full to the credit card you used on the Website.
14. If you terminate this Agreement, your order for the CUPRA vehicle will be cancelled, and the CUPRA vehicle will be able to be sold to someone else. If you request a refund, and later change your mind and wish to deposit another CUPRA vehicle, you can choose to configure your CUPRA vehicle or choose a Stock Vehicle if available.
15. Within seven (7) business days of being notified by the CUPRA Garage that the CUPRA vehicle is available for purchase, you will be asked to enter into a contract of sale in your name for the CUPRA vehicle. If you do not do so, this Online Vehicle Deposit Agreement can be terminated by the CUPRA Australia/CUPRA Garage, in which case the Deposit Fee will be returned to you.
16. You can terminate the contract of sale for the CUPRA vehicle at any time prior to its delivery to you by sending the CUPRA Garage written notice requesting cancellation, in which case the Deposit Fee will be returned to you.
17. All refunds of the Deposit Fee will be made by transferring the Deposit Fee back to your nominated credit card.
You acknowledge:
a. that the final production and availability of the Selected Vehicle is presently unknown;
b. that you have not relied on any representation or warranty as to:
i. the Selected Vehicle’s expected price, features, specifications, and possible availability dates;
ii. the trade-in price and/or value of any vehicle(s) you may own that you may wish to trade-in for the Selected Vehicle.
Privacy
18. CUPRA Australia collect the personal information you provide on the Website to provide the Service, and may, for this purpose, and for the purpose of processing your deposit for a Selected Vehicle, disclose such information to third parties, including but not limited to agents, contractors, service providers, and our authorised CUPRA Garages.
19. Where you have consented on the Website to receiving direct marketing communications from us, we may use the information you have provided to send you marketing communications.
20. For full details of how we may use and disclose your personal information, see our Privacy Policy here.
Other
21. By using the Service, you represent and warrant that all information you provide on the Website is true and accurate. If at any time we discover that any of the information you have provided is not true or not accurate, we reserve our right to cancel this Agreement, in which case we will refund your Deposit Fee.
22. Any cost associated with accessing the Website are your responsibility and is dependent on the Internet service provider used.
23. 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).
24. We reserve the right to cancel the Service for any reason and at any time.
25. This Agreement is entered into in NSW and is governed by the laws of New South Wales and the parties submit to the non-exclusive jurisdiction of its courts.
