Terms & Conditions
1. ACCEPTANCE OF TERMS AND CONDITIONS
Please find below the terms and conditions (“Terms”) under which you are able to make a Pre-order of one (1) Brough Superior (“Pre-order”). If you are unable to accept these Terms, you will unfortunately not be able to make the Pre-order. Please note that these Terms only apply to the Pre-order and are not applicable in the event you, in the future, finalize your order of a Brough Superior. The final order and purchase of your Brough Superior will be governed by separate terms and conditions.
By finalizing the online Pre-order and checking the box confirming your acceptance of these Terms, acknowledge and confirm:
(i) that you have read and agree to be bound by these Terms; and
(ii) upon receipt of your payment of the Deposit (as defined in Section 5 below) as set out herein,
that an agreement regarding the Pre-order has been entered between you and Brough Superior Motorcycles SAS – A French Société par action simplifiée, registered with the Trade and Companies Registry of Toulouse under No. 801 344 318, having its registered office located at 20 rue Jean Monnet, 31240 Saint Jean. (“Brough Superior Motorcycles”).
We recommend that you print a copy of these Terms or save them to your computer for future reference.
2.1 A Pre-order is a preliminary, non-binding order that entitles you to be a prioritized customer when your selected model is available in your country. Brough Superior Motorcycles will make reasonable efforts to ensure that you will be able to finalize your order. These Terms do not constitute a purchase agreement, and the Pre-order does not in any way confirm or guarantee your right to purchase a Brough Superior with priority over other customers.
2.2 Brough Superior Motorcycles will contact you when you are offered the opportunity to purchase your selectedd MODEL and it is time to finalize your order.
3. THE RIGHT TO PLACE A PRE-ORDER
3.1 You must be at least 18 years of age and ensure that all the details you provide to us are accurate.
3.2 The offer to make a Pre-order is available until we disable the Pre-order functionality in our digital channels.
3.3 Only one (1) pre-order can be made per customer. Additional pre-orders will be canceled by Brough Superior Motorcycles.
3.4 Your rights with respect to the Pre-order are personal and may not be assigned or transferred to anyone else.
3.5 You represent and warrant that you are not a person, or acting on behalf of a person, designated on any sanctions list imposed by the UN, EU or US. If at any time these representations fail to be true, your Pre-order will automatically terminate with immediate effect, without any liability to compensate you whatsoever. Furthermore, according to law we may not be able to repay your Deposit payment.
4. HOW TO MAKE AN ONLINE PRE-ORDER
4.1 When you have finalized the online Pre-order process in our digital channels and we have received your Deposit, you have made a Pre-order.
4.3 After you have finalized your Pre-order, you will receive a receipt of your Pre-order confirming that it has been received and completed (“Pre-order Confirmation”). Each Pre-order Confirmation will have its own, unique Pre-order number. Please save the Pre-order Confirmation number, as this reference shall be used when you have the opportunity to finalize your order.
5. THE DEPOSIT
5.1 Please note that we collect a refundable 1,000 Euros deposit (the “Deposit”) in order for the Pre-Order to be processed. The Deposit, as set out above, is free of VAT. This means we will not charge you any VAT in relation to this Pre-order, and there is thus no VAT to reclaim on the Deposit payable to us, due to the fact that it is a refundable Deposit.
5.2 The Deposit is payable by PayPal. By accepting these Terms, you expressly agree to PayPal's handling the payment transaction, your card details and any other information necessary for such payment transaction to be executed by PayPal (including but not limited to fraud prevention). PayPal is certified by banks and card acquirers to securely manage payment transactions.
5.3 When finalizing your order, the Deposit can be used as a partial payment for that order.
5.4 You do not have a right to collect interest on the Deposit.
6. RIGHT OF CANCELLATION AND REFUND
6.1 You have the right to cancel your Pre-order at any time and for any reason. If you wish to cancel the Pre-order, please contact Customer Support on email@example.com
6.2 We are also entitled to cancel the Pre-order made by you at any time. Upon a cancellation initiated by us, you will be contacted.
6.3 If your Pre-order is canceled for any reason, either by you or us, your Deposit will be refunded on the PayPal account used by you to pay the Deposit, and we will not charge you any fees due to the cancellation.
We will process your cancellation without undue delay, and in no event no later than fourteen (14) days after we receive the cancellation notice. Upon cancellation, you will no longer be able to use the Preorder Confirmation number.
7. CUSTOMER SERVICE
Should you have any questions or complaints about the Pre-order or wish to contact us for any other reason, you can do so on firstname.lastname@example.org
8. DISCLAIMER OF WARRANTIES
8.1 Brough Superior Motorcycles does not warrant or guarantee you the right to purchase a Brough Superior, despite you having completed this Pre-order and paid the Deposit.
8.2 Further, specifications and images of your selected model in the Pre-order are not to be considered as finale specifications.
9. LIMITATION OF LIABILITY
9.1 In no event shall Brough Superior Motorcycles be liable or responsible for any loss or damage of any kind arising out of or in connection to your Pre-order (except as may be required under mandatory law), including (without limitation hereto) any failure to perform, or delay in performance of your Pre-order. Your sole and exclusive remedy related to your Pre-order is limited to the refund of your Deposit.
10. OTHER IMPORTANT TERMS
10.1 We may assign or transfer our rights and obligations to another organization, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting on the Brough Superior Motorcycles website if this happens.
10.2 Your use of our website is also governed by the other terms and conditions on the site, including “Privacy,” “Legal” and “Cookies.” Please take the time to read these, as they include important terms which apply to you.
10.3 If we have to contact you or give you notice in writing, we will do so by phone, e-mail or by pre-paid post at the contact details you provide to us during the online Pre-order process.
We may revise these Terms from time to time, but will in such event provide you with relevant information of the amended Terms first. If you do not agree to the changes, you are always entitled to cancel the Pre-order.
12. APPLICABLE LAW AND VENUE
12.1 Unless otherwise required by mandatory law, these Terms are subject to the French laws, the French courts shall have exclusive jurisdiction over any dispute or controversy arising out of or in connection with these Terms.
12.2 You also have the right to raise any dispute via the European online dispute resolution platform, which can be accessed by clicking on the following link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage.