Terms and Conditions
Please read the following carefully.
Your Registration Obligations
- We may at times require that you register and/or set up an account to use certain portions of our Site. In order to do so, you may be provided, or required to choose, a password, username, and/or other registration information, including, but not limited to, personal information (collectively, “Registration Information“). You represent that all Registration Information provided by you is accurate and up-to-date. If any of your Registration Information changes, you must update it by using the appropriate update mechanism on our Site. If we believe that the Registration Information that you provided is not correct, current, or complete, we reserve the right to refuse you access to our Site or to purchase our Products.
- You are solely responsible for maintaining the confidentiality of your Registration Information. You may not authorize others to use your Registration Information. You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses your Registration Information, with or without authorization, or who has access to any computer on which your account resides or is accessible.
Restrictions on Use
From time to time you may purchase products from BMW Markham through our Site (“Products“). All orders and purchases of Products made through our Site are subject to the following conditions:
- You are agreeing to and entering into a complete and binding contract with BMW Markham. You are responsible for providing complete and accurate contact information to us and for notifying us of any changes to such information to [email protected].
- All prices listed on this Site are in Canadian dollars and, unless otherwise stated, do not include applicable taxes. All charges will be processed in Canadian dollars, unless stated otherwise.
- While BMW Markham takes great care to ensure its advertising is accurate, errors and/or inaccuracies may occur. BMW Markham may correct errors or inaccuracies and change or update information on the Site at any time without notice, including in respect of prices and availability of Products.
- You may only purchase or order Products for non-commercial and lawful purposes and any other use is not permitted, unless you have received prior written consent from BMW Markham.
- The online order form that is used by BMW Markham at the time of purchase (the “Order“) will specify the Products that you are purchasing from BMW Markham.
- You must have reached the age of majority (the age at which you are considered by law to be an adult) in your own jurisdiction to purchase Products from the Site.
- If you are purchasing Products with a credit card, you must be an authorized representative of the company. If the Products are for a child under 18 years of age, you represent and warrant that you are the parent or legal guardian of the child for whom the Products are purchased.
- You agree to pay for all charges noted in your Order as payable by you. You are responsible for fees associated shipping and handling your Order and any applicable duties and taxes imposed on any transactions conducted on or in connection with this Site.
- BMW Markham reserves the right to limit the quantities of items that you can purchase, to reject, correct, cancel or refuse orders, and to determine accounts in its discretion including, without limitation, if BMW Markham believes that your conduct contravenes applicable law or is harmful to the interests of BMW Markham or its representatives, agents, contractors, suppliers or licensees.
- BMW Markham will use commercially reasonable efforts to deliver items as quickly as possible and within any time periods indicated; however, BMW Markham will not be responsible for any delays in delivery which are beyond its control.
- If any Product listed or shown for purchase through the Site is back ordered or no longer available in BMW Markham’s inventory, the Site will display a warning message to alert consumers as soon as feasible.
- We offer an online payment service that is controlled and operated by a third party site (i.e., Stripe, Inc. (“Stripe“)). We do not have any control or association with this third party site. If you have any questions or concerns about this third party’s payment service including technical issues, you may contact Stripe at https://support.stripe.com/contact.
- You may return Products that at are unopened and still in their original sealed package to us up to 30 days from the date on the invoice for a credit, less shipping and handling fees if already paid. Refunds or exchanges for defective Products can be made within 30 days of receipt of the Products. You must contact us within thirty (30) days from the purchase date to request a return. All return requests must include your Order number and a description of the Product(s) that you would like to return and a description of the defect. BMW Markham will then contact you to discuss your request. If BMW Markham determines that the Product is defective, we will either exchange your product or refund the purchase price, using the original payment method.
User Rights and Obligations Regarding Online Credit Applications:
When you apply or register for, order, or use certain products or services from BMW Markham, BMW Markham may obtain your credit score and related information from a credit-reporting agency to process or fulfill the transaction. BMW Markham may continue to periodically obtain your credit score and related information from a credit-reporting agency to update your confidential profile for use by BMW Markham as set out in this. Upon your request, we will inform you if we have ordered such a report or reports, and will give you the name and address of the credit reporting agency that furnished the report or reports.
You also acknowledge and agree that any dealers or other persons or organizations to which we have disclosed your personal information in accordance with this, may request a credit report for any legitimate purpose associated with your application [for credit, extending credit, modifying the terms of your credit agreement, or collection on your account.]
- You are responsible for all fees associated with shipping and handling for your Order. In addition, your Order may be subject to the customs fees and import duties of the country to which you have your Order shipped. You are responsible for such fees and import duties.
- BMW Markham only ships Orders to addresses within Canada and does not ship any Orders to P.O. Boxes.
Third Party Content
- Our Site may also contain information or materials (“Third Party Content“) that is owned or provided by persons other than BMW Markham (“Third Party Providers“). We make no representations and warranties with respect to any such Third Party Content and do not undertake to conduct any independent investigation of Third Party Content. Inclusion of Third Party Content from Third Party Providers on our Site does not mean, unless expressly stated otherwise, that we endorse or agree with such Third Party Content.
- You understand that you have no proprietary rights in the Third Party Content and that the Third Party Providers retain all proprietary right, title or interest, including copyright, in their respective Third Party Content.
- You must use your best efforts to stop any such copying or distribution immediately after you become aware of such use. You may not copy, sell, license, transfer, publish, reproduce, modify, display, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, bundle, sublicense, export, merge, loan, rent, lease, assign, share, outsource, host, distribute in any way, prepare derivative works based on, re-post, make available to any person or otherwise use, either directly or indirectly, any of the Third Party Content, in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise, for any public or commercial purpose, without the prior written consent of the Third Party Providers. You must use your best efforts to stop any such copying or distribution immediately after you become aware of such use.
Use of our Site
- We expect that you will access and use our Site in a professional and responsible manner in accordance with applicable laws. By using our Site or purchasing our Products, you have the opportunity to engage in dialogue with representatives of BMW Markham if you send us emails or contact us through our Site. We welcome your questions, suggestions, ideas and other information (collectively “Suggestions”) that you communicate to us so long as none of those Suggestions or any such interaction is obscene, illegal, threatening, defamatory, libellous, harmful, abusive, harassing, tortuous, homophobic, sexist, vulgar, obscene, hateful or racially, ethically or otherwise objectionable, invasive of privacy, infringing of third party intellectual property or privacy rights, or is otherwise injurious to third parties.
- You are not obligated to provide us with Suggestions regarding our Site or Products. However, if you do provide us with Suggestions, then we retain all rights to any Suggestions that you may provide to us and you agree to grant us a non-exclusive, worldwide, royalty-free, irrevocable license to use your Suggestions in any commercial manner.
- You further agree that you must use our Site for lawful purposes only and represent and warrant that you will not use our Site to:
- e-mail, provide us with or otherwise transmit any Suggestions that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- e-mail, provide us with or otherwise transmit any Suggestions that infringes, misappropriates, or otherwise violates any third party’s copyright, patent, trade-mark, or other proprietary right of publicity or privacy, or encourages or enables any other party to do so;
- remove any proprietary notices or labels, or any promotional or advertising material, from our Site;
- e-mail, transmit or send via the Internet any unsolicited or unauthorized advertising, branding, promotional materials, commercial solicitation, political campaigning, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- impersonate any person or entity or misrepresent your affiliation with any other person, company or entity, including without limitation, using a false email address or misleading us as to your identity when you are on our Site or otherwise communicating with us;
- upload, e-mail, send via the Internet or otherwise transmit, any software viruses or any other computer code, files or programs designed to interrupt, destroy, alter, or limit the functionality of any computer software or hardware or telecommunications equipment or that imposes an unreasonable or disproportionately large load on the Site’s infrastructure or limits the functionality of any BMW Markham or third party computer hardware, software, networks, or hardware or telecommunications equipment;
- interfere or attempt to interfere with or disrupt our Site including but not limited to our servers or networks connected to our Site, including attempting to interfere with the access of any other user, host or network, including without limitation, overloading, initiating, propagating, participating, directing or attempting any “denial of service” attacks, “spamming”, “crashing”, “flooding” or “mail-bombing” our Site or disobeying any requirements, procedures, policies or regulations of networks connected to our Site;
- direct bots, spiders, crawlers, avatars, intelligent agents or any other automated process at our computer systems or otherwise, create unreasonable load upon any of our computer hardware, network, storage, input/output or electronic control devices;
- intentionally or unintentionally violate any applicable local, provincial, national or international law, rule or regulation applicable in connection with our Site; or
- modify, adapt, assign, copy, sublicense, translate, rent, sell, reverse engineer, decompile or disassemble any portion of our Site.
Disclaimer of Warranties/Limitation of Liability
- You understand that we will use commercially reasonable efforts to provide our Site but we cannot and do not guarantee or promise any specific and intended results from the use of our Site. BMW Markham therefore makes no representations, warranties, conditions or guarantees that any pictures or descriptions of Products on the Site are accurate, complete, reliable or error-free or that the quality and content of our Site and Products will meet your expectations or requirements.
- We do not represent or warrant that files or information available for access or downloading from the Internet, hyperlinked sites, our Site or any files and emails made available by us will be free of viruses, worms, malware, Trojan horses or other code that may manifest contaminating or destructive properties. Your use of the internet is at your own risk and you are solely responsible for any damages to your computer systems or loss of data that results from any access to our site.
- Your use of our Site is at your own risk. our Site are provided on an “as is” and “as available” basis without representations, warranties, guarantees or conditions of any kind, either express or implied. We expressly disclaim all representations, warranties, guarantees and conditions, including any implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment or non-infringement or those arising out a course of dealing or usage of trade for our Site. We make no representations, warranties or conditions regarding the availability appropriateness, completeness, accuracy, or currency of our Site or description of our Products. For greater clarity, we do not represent or warrant that: (i) our Site does not and will not infringe, or be subject to any intellectual property claims, or a claim of infringing the trademark or other rights of another party; (ii) our Site will be uninterrupted, functional, secure, reliable, accurate, complete, current, useful, suitable, secure or error-free; (iii) our Site will be suitable, accurate, correct, reliable, complete, timely, error-free or will meet your requirements and expectations in any way; (iv) any defects in our Site will be corrected; and (v) we have verified or endorsed any third party content. our Site and description of our Products may include technical inaccuracies or typographical errors, and we may make changes or improvements to the Site at any time.
- In no event shall BMW Markham, its affiliates, directors, officers, shareholders, employees, third party providers, agents or advisors (“associated persons“) be liable to you or any other person or entity for any direct, indirect, exemplary, special, incidental, consequential or punitive damages, including loss of income, loss of profits, loss of anticipated sales, loss of opportunities, business interruption, failure to realize unexpected savings, damage to property, claims of third parties, loss of goodwill, use, data or other intangible losses or other economic or personal loss arising from or in connection with: (i) your use of or reliance on any information provided by us on our Site; (ii) your use of or inability to use our Site; (iii) your violations of trademark infringement or other intellectual property rights; (iv) any failure of performance of our Site (including, but not limited to the inability to use any component of the Site to purchase our Products), whether related to error, omission, interruption, defect, delay in operation or transmission, computer viruses or line failure; (v) the unauthorized use of your account and password by any person; (vi) any Third Party Content or hyperlinked sites; or (vii) any other matters relating to our Site, whether based in contract, negligence, strict liability, fundamental breach, failure of essential purpose or otherwise, whether or not we had any knowledge, actual or constructive, that you might incur such damages.
- We disclaim any and all such above representations, warranties and conditions to the fullest extent permissible under applicable law. certain jurisdictions do not allow limitations on implied warranties or conditions or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you and you may have additional rights.
While BMW Markham and BMW Canada make all reasonable efforts to provide accurate information on this Website, there is no guarantee or warranty of accuracy. Furthermore, BMW Markham and BMW Canada do not assume any liability for the accuracy or completeness of the information presented on this Website.
ACCORDINGLY, THIS WEBSITE, INCLUDING THE CONTENT AND SERVICES PROVIDED HEREIN, IS BEING PROVIDED ON AN “AS IS” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. BMW MARKHAM AND BMW CANADA DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BMW MARKHAM AND BMW CANADA DO NOT WARRANT THAT THE FUNCTIONS ON THE WEBSITES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT SHALL BMW MARKHAM OR BMW CANADA BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE WEBSITES OR ANY CONTENT OR SERVICES, EVEN IF BMW MARKHAM AND BMW CANADA HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, OR CERTAIN LIMITATIONS ON IMPLIED WARRANTIES. ACCORDINGLY, THE EXCLUSIONS AND/OR LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
Governing Law; Jurisdiction
No Agency; Third Party Beneficiary
You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder without our prior written consent.
These Terms and Conditions were last modified on June 14th, 2021.