TERMS AND CONDITIONS OF SALE

In addition to the Terms of Use which govern your use of the BMW Group Canada website (the “Site”), these Terms and Conditions of Sale (“Terms and Conditions”) govern any order or purchase you make on the Site. BMW Canada Inc. (also operating and referred to herein and on the Site as “BMW Group Canada”, “BMW”, “we” or “us”) is the operator of the Site and the supplier for your order. By proceeding to place an order and accepting these Terms and Conditions, you agree to be bound by these Terms and Conditions whether or not you have read them. If you do not agree to these Terms and Conditions, do not proceed with your order. Please print and retain a copy of these Terms and Conditions of Sale for your records.

PRICES AND PAYMENT TERMS

All prices of goods are quoted in Canadian dollars and do not include shipping and handling fees or taxes, if applicable. You are responsible for the payment of any shipping and handling fees and federal and provincial taxes that may apply to your order. Orders totaling $200.00 or more before taxes and after promotional codes are applied qualify for free shipping.  Some remote areas of Canada can only be serviced by air delivery. In these cases free shipping is not available and extra shipping charges may apply. If extra shipping charges are required for your order we will contact you to confirm whether you would like to pay the additional fees or cancel your order. If no response is provided within 48 hours, your order will automatically be cancelled. These additional costs will be indicated to you during the checkout process. Receipt of your order will be confirmed via an automatic e-mail to the e-mail address provided when you place your order. Such e-mail is a confirmation that your order has been received. We will send another email once your order has been shipped. We reserve the right, at our sole discretion, to cancel or refuse any order for any reason. Sales to customers are made exclusively on the basis that the total price of the goods (including shipping and handling fees and taxes, if applicable) can be debited from the customer's credit card when the item is shipped from the warehouse. If the card is rejected by the card issuer, the customer’s order will not be shipped and we will have no obligation to fulfill the order. We accept Visa and Mastercard and use Paypal as our secured payment provider.  The payment will appear as “BMW Shop” on your credit card statement.

AVAILABILITY & DESCRIPTIONS

Prices are subject to change without notice. All items are subject to availability. In the event that the product you request is not available at the time of your order, we will have no obligation to fulfill your order and you will have no obligation to pay. BMW Canada will contact the customer via email to provide alternative options or delayed shipment of product(s) in back-ordered status. Although we strive to update and keep accurate product and pricing information on the Site, errors and/or omissions may occur. In the event that an item is listed at an incorrect price or with incorrect information, BMW shall have the right at its sole discretion to refuse or cancel any orders placed for that item. PRODUCTS DISPLAYED ON THE SITE MAY NOT BE AVAILABLE AT ALL TIMES AND PRODUCTS AND PRICES MAY BE CHANGED, AND PRODUCTS SUBSTITUTED OR DISCONTINUED AT ANY TIME. WHILE WE ATTEMPT TO PROVIDE AN ACCURATE DESCRIPTION OF ITEMS AVAILABLE FOR PURCHASE ON THE SITE, WE DO NOT WARRANT THE ACCURACY, COMPLETENESS OR CURRENCY OF SUCH DESCRIPTIONS.

QUANTITY LIMITS

BMW Group Canada reserves the right, at its sole discretion, to limit the quantity of items purchased per person, per household, or per order. These restrictions may be applicable to products purchased in the same order, placed by the same credit card, or the same billing and/or shipping address. We will provide notice to you should such limits be applied.

DELIVERY INFORMATION

If you live in a major urban centre (Toronto, Montreal, Vancouver, Calgary or Edmonton), you can expect to receive your order in approximately 4-9 business days of your order being submitted. Please Note: Please allow approximately 14 business days of your order being submitted for delivery to any non-major urban centres. Shipping is available within Canada only. All deliveries originate in Ontario. A signature will be required at time of delivery. We cannot ship to P.O. Box addresses. The delivery times for items marked as ‘Special Order’ will be provided upon request. Items on “backorder” will be shipped when available. You will be notified if an item you have ordered is on “backorder” and will be given an opportunity to cancel at that time.

SHIPPING & HANDLING CHARGES

Shipping and handling charges include the costs of packaging and partial transport insurance coverage. Partial transport insurance coverage includes up to $100.00 of liability coverage. Additional charges apply for full transport insurance coverage. The total shipping and handling charges will be calculated based on the size and/or weight of the item(s) being shipped and the transport insurance coverage selected. Orders totaling $200.00 or more before taxes and after promotional codes are applied qualify for free shipping. Some remote areas of Canada can only be serviced by air delivery. In these cases free shipping is not available and extra shipping charges may apply. If extra shipping charges are required for your order we will contact you to confirm whether you would like to pay the additional fees or cancel your order. If no response is provided within 48 hours, your order will automatically be cancelled. The total shipping and handling charges will be indicated to you during the checkout process.

RETURNS

If you are not completely satisfied with your purchase, simply return it within 30 days from the date of purchase and we will exchange the product or refund your money. In the event of a refund, the same credit card used to make your purchase will be credited. If you would like to return an item, please contact us at shopsupport@bmw.ca. Customer will be responsible for all return shipping costs. Items must be returned in unused condition, in their original packaging, unopened and with all tags attached. Packaging may include hangers, plastic wrap, boxes, and dust bags with packing sufficient to prevent damage. Do not use product packaging as shipping packaging.

WARRANTY

All Lifestyle Textile, Accessories, Baby Racers and Bicycles have a limited warranty of a period of up to 12 months from the date of purchase. The specific details of each individual warranty are available on our Site. If you have purchased your product through the Online Shop, and would like to make a warranty claim, please contact shopsupport@bmw.ca. If the goods are to be replaced, we will arrange for the product to be collected from you, and will send a new product to you free of charge. Should the identical product be out of stock, then you may select another product. If the value of the replacement item is less than the value of the original item, you will be provided with a credit for the difference. If the value of the replacement item is more than the value of the original item, you will be responsible for the difference in cost. If you purchased a BMW product through one of our authorized Retailers, please contact the same Retailer directly for assistance. For further information, please contact shopsupport@bmw.ca. UNLESS OTHERWISE INDICATED, TO THE MAXIMUM EXTENT PERMITTED BY LAW, BMW GROUP CANADA DISCLAIMS ALL WARRANTIES WITH RESPECT TO ITS PRODUCTS INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU. Retailer may sell for a different price.

PRIVACY & SECURITY

BMW Group Canada respects your right to the privacy of your personal information. Please review our Site Privacy Policy for details on the manner in which we collect, use, disclose and otherwise manage any of your personal information. Paypal will be used to process all payment transactions. For more information on Paypal’s security standards, visit Paypal’s Site here.

APPLICABLE LAW

These Terms and Conditions are governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, and any dispute is to be submitted to a court of competent jurisdiction in the judicial district of Toronto, Province of Ontario. If any provision of the present Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then such provision shall be severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

PROMOTIONAL CODES

Application of a promotional code in the shopping cart is required to receive the applicable discount off regular priced items (before tax). Promotional codes are for use on this website only. Applicable to in stock items only (excluding bikes and promotional page products) on bmwshop.ca. One (1) promotional code can be used per order and cannot be combined with other offers

PROMOTIONAL SECTION

Receive up to 25% off the original MSRP on all products featured in the "Promotional" page on bmwshop.ca. Discount is automatically applied and shown on each product. All orders are final sale, and not eligible for return or exchange. Items are available while quantities last. Offer available on bmwshop.ca only

GENERAL

These Terms and Conditions, together with the Terms of Use which govern your use of the Site, constitute the entire agreement between you and BMW Group Canada with respect to your purchase of products through the Site. The delay or failure of BMW Group Canada to act with respect to a breach of these Terms and Conditions by you or others does not constitute a waiver and shall not limit BMW Group Canada’s rights with respect to such breach or any subsequent breaches. BMW Group Canada shall not be liable for any delay or failure to perform any of its obligations under these Terms and Conditions if such delay or failure is due to causes beyond its control. You may not assign these Terms and Conditions to any third party without the prior written consent of BMW Group Canada. These Terms and Conditions will be binding upon and will enure to the benefit of (i) you and your heirs, executor, administrator and other legal representatives; and (ii) BMW Group Canada and its successors and assigns. Notwithstanding any other provision of these Terms and Conditions, any provision of these Terms and Conditions that imposes or contemplates continuing rights or obligations on you or us will survive the expiration or termination of these Terms and Conditions.

CHANGES

The Terms and Conditions applicable to your order are the Terms and Conditions in effect on the date that you place your order, as made available to you when you complete the checkout process. BMW Group Canada may modify its Terms and Conditions from time to time in accordance with applicable laws. Any such modification will apply to any order placed after the effective date of the modification. Therefore, each time you place an order with BMW Group Canada you represent that you have accessed, read and accepted the Terms and Conditions applicable to and governing that order.

CONTACT US

For more information or for questions about your on-line purchase, or to provide feedback, please send an e-mail to shopsupport@bmw.ca.