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SECTION A: INTRODUCTION AND PRELIMINARY TERMS
This section contains information about our Site and features. It also explains how to access the Site and provides links to our policies. Our policies include those which apply to your use of the Site, and what we do with any personal information we collect as you use the Site.
1.1. Who we are. Welcome to Audi UK located at www.audi.co.uk and our e-store located at store.audi.co.uk ('AudiStore') (together referred to as the 'Site'), which is owned and operated by Audi UK, a trading division of Volkswagen Group United Kingdom Limited ('we', 'the Company', 'our' or 'us', as applicable). Please see paragraph 25 for further legal and company information about us.
1.2. Our Site and its features, We provide a number of different features from this Site including:
1.2.1. general information regarding our services, the Audi brand and the Company;
1.2.2. the following online tools: Test Drive Booking, Used Car Search , Service, MOT and Repair Booking , Value Your Vehicle , Finance Calculator , Build Your Audi , the Owners area account feature, Quote My Audi and AudiStore. Please see Section B for further information and the specific terms that relate to these tools;
1.2.3. registering your interest with us in order to receive up to date information about Audi vehicles; and
1.3. How to contact us. If you have any queries or concerns regarding these Terms, please contact us at:
Telephone number: 0800 699 888
Address: Executive Office, Audi UK, Volkswagen Group United Kingdom, Yeomans Drive, Blakelands, Milton Keynes, MK14 5AN
If you have any queries regarding your AudiStore order, please contact us at:
Telephone number: 0844 3350 474
Address: Audi Merchandise, Codestorm House, Walton Road, Farlington, Hampshire PO6 1TR
If you have any queries regarding a Driving Experience, please contact us at:
Telephone number: 0800 0274 787
Address: Audi Driving Experience, Silverstone Circuit, Towcester, Northamptonshire, NN12 8TN
1.4. How to make a complaint or request for further information from us. If you have any general complaints or wish to request further information about the Site, please contact us via the email address provided above and we will do our best to resolve these.
1.5. Your feedback. Your feedback and suggestions about the Site are always gratefully received by us however you understand that we may use these without any obligation to compensate you for them and you are, of course, under no obligation to us to provide them.
1.6. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the postal or email address you have provided to us when using the features of the Site. We will only contact you with marketing communications in accordance with your marketing preferences.
2. THESE TERMS AND CONDITIONS
2.1. Using these Terms. These Terms are organised into 3 sections. Sections A and C apply to all Site users, including those visiting to just browse the pages of the Site ('Visitors'). Section B applies to the use of certain key features and online tools that we make available through the Site.
2.2. Summary boxes. You will see that each section of these Terms begins with a 'highlight' text box which summarises the key terms in that section. These highlights are an informal summary and do not form part of these Terms or any of the contracts made between us.
2.4. Definitions. To make these Terms quicker to read, we use a few definitions
2.4.1. Audi Centre - means a vehicle dealer within the Audi authorised network;
2.4.2. AudiStore - has the meaning given to it at paragraph 1.1, above;
2.4.3. Car - means the Audi car(s) (whichever we choose in our sole discretion) to be used for the Driving Experience;
2.4.4. Confirmation - means the email confirmation of booking which we send to confirm your booking of the Driving Experience;
2.4.5. Drivers - means the drivers (or any one of them) who will be undergoing the Driving Experience including, if applicable, you;
2.4.6. Driving Experience - means the driving experience to be provided as detailed in our email confirmation to you;
2.4.7. Driving Experience Voucher - means an undated voucher for a Driving Experience, purchased from the AudiStore;
2.4.8. Order Confirmation - has the meaning given to it in paragraph 11.4.1e);
2.4.9. Product - means a product displayed for sale on the Site and which you can purchase from us via the Site, including Driving Experiences;
2.4.10. Services - means the products and services described on the AudiStore section of the Site;
2.4.12. user/you - means a user of the Site.
2.5. Why you should read these Terms. Please read these Terms and the related policies carefully before you start to use the Site, as these will apply to your use of the Site and the Products you order and purchase from the Site and/or the AudiStore (as applicable). These terms tell you who we are, how we will provide Products and/or Services to you, what features are available on the Site, what to do if there is a problem and other important information. In particular, please read the terms relating to the limitations of our liability to you , before using this Site, or purchasing a subscription.
2.6. Printing these Terms. We recommend that you print or save a copy of these Terms for future reference.
2.7. Accepting these Terms. By using our Site, you confirm that you accept these Terms and that you agree to comply with them. Every time you wish to order Products from Site, please check these Terms to ensure you understand the Terms which will apply at that time. These Terms were most recently updated on the date of posting that appears at the top of this page.
3. ACCESSING AND USING THE SITE
3.1. Registering with us. Anyone can access this Site using their web browser and internet connection. However, if you want to access the Owners area feature on the Site, you will need to sign up and create an account. For that purpose, you must be 18 years of age or older and resident within the United Kingdom. For more information about the Owners area feature of the Site see paragraph 8.4.
3.2. Site availability. We try to make the Site available at all times, but, of course, due to the inherent nature of online and internet based services, we cannot guarantee this.
5. ACCOUNT REGISTRATION
5.1. Creating an account. Whilst you do not have to create an account to use the Site, you can sign up and create an account on the account registration page in order to access the Owners area and AudiStore features of the Site. The Owners area and AudiStore features are accessible from the same account, so you will only have to create one account in order to access both features.
5.2. Providing accurate information. You must make sure that all the information you provide when you register with the Site is true, accurate, current and complete.
5.3. Updating your account. If you change any of your registration details (e.g. email address, postal address), you must update your account in the Owners area. Delivery addresses, marketing preferences, and email addresses can then be updated in the 'My Account Details' section of AudiStore.
5.4. Keeping your account details confidential. To help us maintain the security of the Site, you must keep your registration details confidential. If you become aware of any misuse or unauthorised use of your registration details, then you must inform us immediately by sending us an email to email@example.com.
5.5. Reasons why we may close or suspend your accounts.
5.5.1. If you have breached, or we have justifiable reason to believe that you have breached, or will breach, these Terms, we may close or suspend your registration and/or access to the Site.
5.5.2. We reserve the right to delete your account and any personal data or other information associated with your use of the Site if there is no activity on either of your accounts for more than 36 consecutive months.
5.6. When can I close my account? You can close your account at any time as long as you do not have any outstanding orders. If you would like to delete your account please contact customer services, using the contact details set out in paragraph 1.3.
SECTION B: TOOLS AND FEATURES ON OUR SITE
This section sets out:
- the terms that apply to tools and features on our site; and
- the main terms of sale for our Producst from the AudiStore.
This section explains the contractual process for ordering a Product, prices and delivery arrangements. It also sets out how to amend and cancel an order and our returns terms. Our warranties and limitation of liability to you are also highlighted.
Please note that you will have different rights depending on whether you are acting as a consumer or whether you are acting in the course of a business. Please see below for an explanation of you repsective rights.
6. GENERAL INFORMATION AND OVERVIEW OF KEY TOOLS AND FEATURES
6.1. We provide general information on the pages of our Site regarding the Company and the Audi brand, including information about vehicle safety, environment, dealers and news about events, motorsport and job vacancies.
6.2. The content and information that we make available on the Site is provided for information only. Any images of vehicles on the Site are for illustrative purposes only and the vehicles available for sale may differ to those shown on the Site. The colours of vehicles shown by your device's display may not match the actual colour of the vehicles. We cannot guarantee and you should not assume that any vehicle shown on the Site means it is actually available for sale. We reserve the right to discontinue any vehicle models or make changes to the price, colour, description or specification of any vehicle shown on the Site. Please see further paragraphs 15 and 17 for details regarding our content and the information we provide on the Site.
6.3. We also provide access to a number of different tools and features on the Site which are free for you to use. These include:
6.3.1. the 'Test Drive' booking feature where you can notify your preferred Audi Centre of your interest in test driving a particular Audi vehicle model;
6.3.2. the 'Used Car Search' tool that allows you to search and locate pre-owned Audi vehicles that are available for purchase from each Audi Centre based on your search criteria;
6.3.3. the 'Service, MOT and Repair Booking' feature, where you can book your Audi vehicle in with your preferred Audi Centre for a service, MOT and/ or repair, at a time and date convenient for you;
6.3.4. the 'Value Your Vehicle' tool, which allows you to input information about your part exchange vehicle and provides an indication of the current part exchange value of your vehicle;
6.3.5. the 'Finance Calculator' tool, where you can specify the Audi vehicle you would like to purchase and provides the price of a new Audi vehicle and the finance plans available to you;
6.3.6. the 'Build Your Audi' feature, where you can design and build your desired Audi by selecting your vehicle model, choosing your engine and browsing through our range of colours, wheels, upholstery and more;
6.3.7. the 'Owners Area' account area, which allows you to register and add details of your Audi vehicle in order to manage its maintenance and upkeep;
6.3.8. the 'Quote My Audi' tool which combines certain features of the Value Your Vehicle an Finance Calculator tools by allowing you to: specify the Audi vehicle you would like to purchase; obtain an indication of the current part exchange value of your vehicle; and provides the price of a new Audi vehicle and the finance plans available to you;
6.3.9. the 'AudiStore' which allows you to purchase Products online (including branding merchandise, accessories, publications and Driving Experiences);
6.3.10. registering your interest with us in order to receive up to date information about Audi vehicles; and
6.3.11. requesting a brochure about a particular Audi vehicle model, or other Audi goods and services.
6.4. We provide our online tools (with the exception of the AudiStore) for your private, non-commercial use only within the UK. You may not use the online tools (again, with the exception of the AudiStore) for commercial, business or resale purposes and we reserve the right to restrict your usage of the tools and other data services at any time. In accordance with paragraph 18.2, you shall not carry out data mining, screen scraping or crawling of any of our tools or use any process or processes that send automated queries to any of our tools unless you have obtained our prior written consent. Please see further the General Provisions in Section C. These also apply to your use of all the online tools on our Site so please read these and the terms in this Section C before using these tools.
7. USED CAR SEARCH
7.1. This Site includes a tool that allows you to search for and locate pre-owned Audi vehicles that are available for purchase from an Audi Centre based on your search criteria.
7.2. Selecting a vehicle and/or making an enquiry using this tool does not create a contract or other binding obligation between you and an Audi Centre. We ask each Audi Centre to confirm the details of the pre-owned vehicle and related information provided to us is up to date, however we do not independently verify the accuracy or completeness of that information. Consequently, it is possible that vehicles that the Used Car Search tool indicates are available for purchase have already been sold.
7.3. The sale agreement for any vehicle listed by the Used Car Search Tool is not concluded on the Site and you will need to visit the applicable Audi Centre to make your purchase. The purchase process will start when you visit the applicable Audi Centre in the same way it would if purchasing a vehicle in person from a dealer's showroom. An Audi Centre representative will provide and discuss with you the terms and conditions relating to your purchase of the pre-owned vehicle.
7.4. If you decide to purchase the pre-owned vehicle, the agreement for the purchase of the vehicle will be between you and the applicable Audi Centre. We (Volkswagen Group United Kingdom Limited) do not enter into these agreements and, as we are not a party to them, do not have any obligations under them.
8. SERVICE, MOT AND REPAIR BOOKINGS
8.1. The Site includes an online feature where you can book your vehicle in with your preferred Audi Centre for a service, MOT, and/or repair, at a time and date convenient for you.
8.2. The services available from your local Audi Centre may vary from time to time and although we try to reflect these accurately on the Site, the details provided on the Site are illustrative and do not constitute a binding offer of any kind. All pricing will be finalised with you at your local Audi Centre.
8.3. Please note, the contract for the services you book via the online booking system is not entered into on the Site and additional terms and conditions will be presented to you at your preferred Audi Centre. The contract for those services will be formed at the Audi Centre if you agree to those terms and will be between you and the applicable Audi Centre (and not the Company).
8.4. Owners Area
8.5. By registering an account you can use the Owners Area feature that we provide within the Site. This feature allows you to add details of your Audi vehicle to the account, so that you can manage its maintenance and upkeep. You can add and update your contact details and select your preferred Audi Centre. You can also track the progress of a new vehicle order from the factory to you.
8.6. If you are registering a vehicle on the Owners Area, you must be its owner or registered keeper or have the express permission of the owner or registered keeper to do so.
8.7. Please note, the contract for the Services you book via your account is not entered into on the Site and additional terms and conditions will be presented to you at your preferred Audi Centre. The contract for hose Services will be formed at the Audi Centre if you agree to those terms and will be between you and the applicable Audi Centre (and not the Company).
8.8. Services, Pricing and Order Tracking
8.9. The services available from your local Audi Centre may vary from time to time and although we try to reflect these accurately on the Site, the details provided are illustrative and do not constitute a binding offer of any kind. All pricing will be finalised with you at your local Audi Centre.
8.10. Prices quoted on the Site are our recommended on-the-road prices and may vary from time to time. All pricing will be finalised with you at your local Audi Centre.
8.11. The accuracy of the 'order tracking' information provided within the Owners Area (in relation to orders you have placed with an Audi Centre) is not guaranteed. Always contact your preferred Audi Centre directly for accurate information on the status of your order/s.
Specification for new vehicles
8.12. The specifications and details of new vehicles, extras and accessories contained in the Owners Area are for information purposes only. We cannot confirm the exact specifications of the vehicle you have ordered. If you require any specific feature, you must consult your preferred Audi Centre, who will be regularly updated with any change in specification.
8.13. Please check model availability and full specification details with your preferred Audi Centre prior to ordering. Neither we nor our partners accept responsibility for your reliance on the information contained on the Site.
Performance figures and specifications relating to Audi vehicles available within the Owners Area are indicative only and performance cannot be guaranteed. Figures indicating potential miles per gallon and CO2 emission levels given are standard EU test figures for comparative purposes and may not reflect real driving results.
9. BUILD YOUR AUDI
9.1. The Site includes an online tool which you can use to build your desired Audi by selecting your model, choosing your engine and browsing through our range of colours, wheels, upholstery and more. The feature allows you to save, print or generate a code assigned to your configured vehicle, so you can easily access the vehicle specification to discuss at your local Audi Centre.
9.2. The agreement for the purchase of the Audi vehicle is not concluded on the Site as you will need to visit the applicable Audi Centre to enter into the relevant agreement(s) to purchase the vehicle. An Audi Centre representative will provide and discuss with you the terms of the contract for the purchase of the vehicle and, if you decide to proceed with the purchase, the contract will be entered into at the Audi Centre (and not with the Company).
10. QUOTE MY AUDI (INCLUDING THE VALUE YOUR VEHICLE AND FINANCE CALCULATOR TOOLS)
10.1. Eligibility. In order to be eligible to use the Quote My Audi tool you must be 18 years of age or older and be permanently resident within the United Kingdom, not have been declined for credit in the last month and not have a history of bad credit.
10.2. The features of the Quote My Audi tool. The Site includes an online quotation and valuation tool which you can use to specify the model, engine, fuel type, trim and colour of your Audi vehicle. The tool provides an indication of the current part exchange value of your vehicle and lists the price and finance plans available for the purchase of the vehicle you have specified. We provide this tool for your personal, non-commercial use.
10.3. Generating a quote. Once an online quotation has been generated, you will be provided with a unique link that you can use, along with your date of birth, to retrieve your quotation. You will be able to access the link for 30 days from when the quote was generated however we reserve the right to withdraw a quotation. Please note that the quotations we provide are given as an indication only.
10.4. Expressions used on the Site to describe part exchange vehicle conditions. There are a number of defined expressions that we use within the tool to describe the condition of different aspects of the part exchange vehicle you notify us about (such as, "Excellent", "Good" and "Average"). We will provide you with an opportunity to read the full list of expressions at the point you use the part exchange feature of the tool. However, if you would like to view these definitions sooner, please visit our Part Exchange Vehicle Condition Definitions page.
The Legal Agreements Relating To Your Quoted Audi
10.5. There are a number of legal agreements which you will need to enter into, at your local Audi Centre, if you decide to: part exchange your vehicle, purchase an Audi vehicle or enter into one of our financial arrangements ("Vehicle Agreements"). We (Volkswagen Group United Kingdom Limited) do not enter into these agreements and as we are not a party to them, do not have any obligations under them. The Agreements will instead each be with different companies who will be providing a different aspect of the transaction where applicable (e.g. your purchase of an Audi vehicle, the provision of finance or, in the case of part exchange, the sale of your own vehicle). The Vehicle Agreements will not become legally binding until you sign the relevant agreement. Those agreements include, agreements for;
10.5.1. the part exchange of your vehicle, to be entered into with your chosen Audi Centre;
10.5.2. the purchase of the vehicle, to be entered into with your chosen Audi Centre]; and
10.5.3. finance arrangements, to be entered into with our affiliated financial services company, Volkswagen Financial Services (UK) Ltd.
10.6. The Vehicle Agreements are not concluded on the Site as you will need to visit the applicable Audi Centre to purchase the vehicle. An Audi Centre representative will provide and discuss with you the terms of the Vehicle Agreements and if you decide to proceed with the part exchange, purchase and/or finance arrangement, the relevant Vehicle Agreements will be entered into at the Audi Centre.
10.7. Please note, the price quotations and finance plan options that our online tools present to you are provided as an indication only.
Interpreting Your Valuations
10.8. Valuations for your part exchange ("Valuations") are for information only and do not amount to an offer to purchase the vehicle. Valuations are given as guide prices and we do not promise that you will be able to sell, or buy a vehicle for the Valuation received. The actual sale or purchase price of your vehicle is dependent on our inspection and on a number of additional factors, including colour and condition of the vehicle, supply of similar cars within the open market, promotions on offer and location. You agree that you may therefore achieve a sale or purchase of a used vehicle at a level higher or lower than the Valuation.
10.9. Valuations are provided on the basis of a single transaction between a domestic vehicle user buying or selling a vehicle in a private non-commercial capacity (typically known as an Average Private Sale price).
10.10. Valuations are based on the information provided by you and accordingly you must provide complete and accurate information for a Valuation.
10.11. Valuations are based on assumptions as to the vehicles condition, such as: taking into account their age and normal usage; that the vehicle is right hand drive with UK registration plates (i.e. not an import); it is not a "non-runner" (i.e. its engine starts and continues to operate while stationary); it has never been an insurance write-off; it has never been used for rental, private hire, driving tuition or as a police vehicle and there are two sets of keys for the vehicle. Our Valuations are not adjusted to allow for any remedial work that has been undertaken to restore vehicles to an unusually high standard such as the condition in which a vehicle may be presented at a motor show. This applies especially to vehicles that could be considered as models with historical interest ('classic cars'), or those that are collected by enthusiasts. The Valuation figure provided is exclusive of road tax.
10.12. As part of creating a quote, we may not be able to provide a part exchange valuation for vehicles that are:
10.12.1. outside the age range of 3 months to 20 years old;
10.12.2. outside the mileage range of 1,000 - 200,000 miles;
10.12.3. specialist, customised or limited edition;
10.12.4. in short supply or rare; or
10.12.5. not registered from new in the United Kingdom.
10.13. For the purpose of obtaining a Valuation, mileage provided by you is rounded down to the nearest thousand miles.
10.14. Deposit contributions may be available when your vehicle is purchased through the Solutions Personal Contract Plan finance product, separate terms and conditions apply.
11.1. OUR PRODUCTS
11.1.1. Products may vary slightly from their pictures. Any images of Products on the Site are for illustrative purposes only. We cannot guarantee that your device accurately reflects the colour of the Products. Your Products may vary slightly from those images.
11.1.2. Product packaging may vary. The packaging of the Products may vary from that shown on images on the Site.
11.1.3. Availability of Products. All Products shown on the Site are subject to availability.
11.2. TERMS OF SALE: FOR CONSUMERS
11.2.1. This paragraph 11.2 only applies if you are a consumer.
11.2.2. Age restrictions on purchasing Products and Driving Experiences. If you are a consumer, you may only purchase Products from the Site if you are at least 18 years of age and resident in the United Kingdom (if ordering a Driving Experience, please be aware that the individual participating in the experience will need to be at least 21 years of age by the date for which the experience is booked).
11.2.3. Getting advice about your consumer rights. As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
11.3. TERMS OF SALE: FOR BUSINESS CUSTOMERS
11.3.1. This paragraph 11.3.1 only applies if you are a business or are acting in the course of a business.
11.3.2. You confirm that you have authority to bind any business on whose behalf you use the Site to purchase Products.
11.4. HOW THE CONTRACT FOR SALE OF PRODUCTS IS FORMED BETWEEN YOU AND US
11.4.1. Our contract with you. Your order is an offer to buy from us. When you are placing an order, the following steps have to take place before a contract for the sale of Products ('Contract') is made between us in relation to your order:
a) Ordering. After choosing the Product(s) you wish to purchase and signing into your account, you place your order for your Product by pressing the 'Pay Now' button at the end of the check-out process and submitting your payment details to us.
b) Reviewing order. Before placing your order, the check-out process will give you the opportunity to review and, if necessary, to change your selection of Products and/or correct any errors in your order information. Please take the time to read and check your order at each page of the order process.
c) Accepting our terms. You will be asked to click to confirm that you accept our Terms. If you do not wish to be bound by what you read you should not place any orders through the Site.
d) Acknowledgement of your order. Once you have submitted your order details, you will see an on-screen acknowledgement that your Product(s) has been placed in the 'Order History' area of your account. You will receive a receipt for your payment and an acknowledgement of your order by email. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in paragraph 11.4.1e).
e) Our acceptance of your order. We will confirm our acceptance of your order to you by sending you an email that confirms the Products you have ordered ('Order Confirmation'), unless, prior to dispatch, we notify you that we do not accept your order (see paragraph 11.4.2 below). The Contract between us will only be formed when we send you the Order Confirmation. For registered users we keep a record of the orders that you place with us in the 'My Orders' area, which you can view by logging-in to your account.
11.4.2. If we cannot accept your order. If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or the Driving Experience has been cancelled or because of an error in the price on our Site as referred to in paragraph 11.7.5, we will inform you of this by email and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible, by the same method in which the payment was originally made.
11.5. YOUR RIGHTS TO MAKE CHANGES TO YOUR ORDER
Changes to your order. If you wish to make a change to the Product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (please see paragraphs 11.13 to 11.24).
11.6. OUR RIGHTS TO MAKE CHANGES TO THESE TERMS
Changes to these Terms and the Products. We may revise these Terms and the Products from time to time for any reason, including to reflect changes in relevant laws and regulatory requirements. For further information, please see paragraph 24.
11.7. PRICE OF PRODUCTS AND DELIVERY CHARGES
11.7.1. Delivery costs. The price of a Product does not include delivery charges. Our delivery charges are as quoted on the Site from time to time.
11.7.2. Postage and Packaging:
a) postage and packaging for most products is charged at £3.95 per order, however products with higher values and weights may incur additional delivery charges and lead-times. Additional charges will be highlighted and explained in the delivery options section of your checkout basket;
b) should you wish to utilise a faster delivery service on most items, please select the 24 hour express service at checkout. This is charged at £7 per order and all orders placed before 2pm should be delivered within one working day, except weekends and bank holidays, or where a longer lead time has been specified due to stock availability;
c) for all orders above £100, the Express and Signed For delivery will automatically be pre-selected; and
d) where an item is considered heavy or where the dimensions are considered non-standard, in the opinion of our chosen delivery partner, delivery shall be charged at £28 per order.
11.7.3. Where to find the price for the Product? The prices of the Products will be as quoted on the Site. Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with an Order Confirmation. If we discover an error in the price of Product(s) you ordered, please see paragraph 11.7.5 for what happens in this event.
11.7.4. We will pass on changes in the rate of VAT. The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
11.7.5. What happens if we got the price wrong? We use our best efforts to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However, the Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products on the Site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
a) where the Product's correct price is less than the price stated on the Site at the time you placed your order, we will charge the lower amount when dispatching the Products to you; and
b) where the Product's correct price is higher than the price stated on the Site at the time you placed your order, we do not have to provide the Products to you at the incorrect (lower) price as the Contract between us, formed when we send you the Order Confirmation, will not yet have been formed. We will contact you in writing as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct (higher) price or cancel your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
11.7.6. What to do if you think an invoice is wrong? If you think an invoice is wrong please contact us promptly to let us know and we will not charge you interest until we have resolved the issue.
11.8. HOW TO PAY
11.8.0. We currently accept various forms of payment for Products including credit/debit card and gift vouchers. When placing an order, you confirm that the form of payment that you use to make payment to us is yours and that you have authority to place the order.
11.8.1. As you begin the checkout procedure you will be asked to fill in the billing address of the card you have chosen to pay with and your chosen delivery address.
11.8.3. When the payment is complete you will be automatically returned to the AudiStore, where you will find your unique order number.
11.8.4. All prices are shown in UK Pounds Sterling and exclude delivery charges.
11.8.5. When to pay. Payment for the Products and all applicable delivery charges is taken in advance.
11.9. GIFT VOUCHERS
11.9.0. Gift vouchers are available for order on this Site and can be purchased as an electronic code which we send to the email address you specify. The electronic code is usually sent when the order is confirmed and payment is made. If you have not received your code within 2 hours, please contact us at: firstname.lastname@example.org.
11.9.1. Gift vouchers can only be redeemed on the Site towards the purchase of Products and cannot be used in our Audi Centres. The gift voucher cannot be used to pay for Audi gift vouchers sold on the Site. For the avoidance of doubt, a Driving Experience Voucher shall not be considered a gift voucher for the purposes of this paragraph 11.9.
11.9.2. You cannot exchange gift vouchers for cash. We do not give change or cash refunds on gift voucher transactions.
11.9.3. Gift vouchers are not transferable or assignable. If the Products purchased online total less than the value of the gift voucher, we will leave any balance as a credit for you and can be viewed on the "check voucher balance" section on the Site.
11.9.4. If an order exceeds the amount of the gift voucher, the balance must be paid with (or with any combination of) an alternative payment method accepted on the Site.
11.9.5. Where Products you have purchased with a gift voucher are subsequently returned to us, monies owing to you will be refunded by way of a gift voucher or to you as a store credit, which can be viewed on the "check voucher balance" or "Store Credit" section on the Site as applicable.
11.9.6. Please check the upper, lower and numeric cases of the gift voucher text carefully when entering the gift voucher code(s).
11.9.7. Please note that some Products available for sale on the Site may not be purchased by persons under a specified age. If you are planning to give a gift voucher to someone under 21 years of age, please ensure that they are made aware that some Products are unavailable to them (such as a Driving Experience).
11.9.8. One or more gift vouchers can be redeemed against an order. Gift vouchers can be combined with one promotional code.
11.9.9. Gift vouchers and unused portions of gift vouchers will expire 12 months from the date of issue. We will not refund any balance remaining and we will invalidate the voucher.
11.10.1. If the Product is a Driving Experience. You shall be required to contact our Driving Experience partner Silverstone Circuits Limited to book a date and time for the Driving Experience, by selecting from a list of pre-determined dates and times, all such dates being subject to availability. This date and time will promptly be confirmed to you by Silverstone Circuits Limited via email.
(This section applies to physical Products only)
11.10.2. We will aim to dispatch your order within two working days. Where there is a longer lead time due to stock availability, you will be notified on the product detail page.
11.10.3. Delivery times are usually Monday to Friday (excluding Bank Holidays) 7.00am - 6.00pm.
11.10.4. We are not responsible for delays outside our control. Your order will be fulfilled by the estimated delivery date set out in the Order Confirmation, unless prevented by circumstances beyond our reasonable control. If we are unable to meet the estimated delivery date because of such circumstances, we will contact you with a revised estimated delivery date.
11.10.5. When will completion of delivery take place? We will deliver the Products to the address you give us. Delivery will be completed when you or a person you have identified has taken physical possession of the Products.
11.10.6. If you are not at home when the Product is delivered. If no one is available at your address to take delivery, our logistics partner will leave a card that the Products have been returned to their delivery office, in which case, please contact them rearrange delivery.
11.10.7. When will you become responsible for the Products? The Products will be your responsibility from the completion of delivery.
11.10.8. When will you own the Products? You own the Products once we have received payment in full, including all applicable delivery charges.
11.11. NO INTERNATIONAL DELIVERY
We only sell to the UK. Unfortunately, we do not deliver to addresses outside the UK.
11.12. MANUFACTURER GUARANTEES
11.12.0. Products with manufacturer's guarantees. Some of the Products we sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Products. Click here for terms & conditions of the Audi new car warranty.
11.12.1. What is a manufacturer guarantee? If you are a consumer, a manufacturer's guarantee is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
11.13. CANCELLATIONS AND RETURNS
11.13.0. These paragraphs 11.13 to 11.24 set out details of your rights to cancel or return the Products you order.
11.14. EXERCISING YOUR RIGHT TO CHANGE YOUR MIND (CONSUMER CONTRACTS REGULATIONS 2013)
11.14.0. Your right to change your mind. If you have received a Product and change your mind, you may cancel the order and obtain a refund for that Product provided you notify us within 14 days of receipt, in accordance with paragraphs 11.14 to 11.24 of these Terms.
11.14.1. How long do you have to change your mind?
a) Your legal right to cancel a Contract ends 14 days after the day on which you or a person you have identified takes physical possession of the Product. However, if you have ordered:
i more than one Product in a single order or the order is made of several lots or pieces, your legal right to cancel will not end until 14 days after the day on which we complete the delivery of the last of those Products, lots or pieces; or
ii a regular delivery of Products over a defined period, your legal right to cancel will 14 days after the day on which we complete the delivery of the first of those Products.
11.15. What about other contracts I have entered into? If you cancel a Contract, all ancillary contracts you have entered into associated with the cancelled Products will be automatically cancelled (for example any consumer credit arrangements or extended Product warranties) at no cost to you.
11.16. When you DO NOT have the right to change your mind. We cannot offer refunds or exchanges, unless faulty or not as described, on the following items:
11.16.0. gift vouchers;
11.16.1. any Products made to your specification;
11.16.2. software, DVDs or CDs which have a security seal which you have opened or unsealed (such as the Audi retrofit navigation function); or
11.17. You DO NOT have a legal right, under the Consumer Contracts Regulation 2013, to cancel a Driving Experience. This is because we agree with you a specific date for performance. However, we do however provide our own cancellation policy for the Driving Experience, as set out at paragraphs 14.21 to 14.26, below.
11.18. Return of Products at your own cost. You will need to arrange for return of the item(s) to us at your own cost, quoting your order number. Please see paragraph 11.23 for details regarding returning your Products to us. We will only reimburse you for any delivery or other costs that you incur in returning damaged or faulty Products to us, or where the product is not as described. Your relevant order number must be quoted on all returns.
11.19. Taking reasonable care of the Products whilst they are in your possession. You may of course inspect the Products that you purchase from us. However, whilst you are deciding whether to keep your purchases, you do have a statutory duty to take reasonable care of our Products. Accordingly, please do not damage the Products whilst you inspect them and please store and handle all Products with care and in a manner that is appropriate for the type of Product, including in accordance with any user manuals. Products must be returned complete (i.e. with any accessories or other parts that you receive with the Products) and, where possible, with all original packaging.
11.20. Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
11.20.0. We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Products, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
11.20.1. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
11.21. IF THERE IS A PROBLEM WITH THE PRODUCT
11.21.0. Summary of your legal rights. We are under a legal duty to supply Products that are in conformity with this contract. Nothing in these terms will affect your legal rights.
11.21.1. Your right to cancel an order for receiving defective or mis-described Products. In the unlikely event that you receive a defective or mis-described Product or a fault develops with an item(s) you order from us, then please notify us in the manner set out in paragraph 11.22.0 Please do not return any items until you have received confirmation from us to do so.
11.21.2. How to tell us about problems. If you feel that any Products you have ordered from us are unsatisfactory or you are unhappy with any aspect of the service we provide to you, we would like to hear from you. You can contact us by phone on 0844 3350 474, or by email at email@example.com, or write to us at Audi Merchandise, Codestorm House, Walton Road, Farlington, Hampshire PO6 1TR.
11.21.3. Your obligation to return rejected Products. You should provide us with proof of purchase when seeking to return a faulty or mis-described item. You will need to arrange for return of the item(s) to us. We will inspect all items that we receive from you. If we confirm that the item is faulty or has been mis-described, we will reimburse your reasonable postage costs of returning the item to us (if any), if you provide us with satisfactory proof of those costs. We will also offer to arrange to replace the Product with a new one or reimburse you for the full cost of the item (but not the value of any promotional code(s) used) to your original payment method within 30 days of our receipt of the faulty or mis-described item. If we are reimbursing you for the cost of all the items in an order, we will also reimburse you with the delivery cost for that order, if applicable.
11.21.4. When we will not accept returns. Please note that we will not accept returns and provide refunds if a fault arises from fair wear and tear, wilful or accidental damage, negligence by you or a third party, abnormal or inappropriate storage or working conditions or maintenance, failure to operate or use the Products in accordance with user instructions, misuse or alteration or repair of the Products by you or a third party that is not authorised by us or the manufacturer.
11.22.0. Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
a) by phone: 0844 3350 474 during our opening hours (which you'll find on the Site); or
b) by email firstname.lastname@example.org
provided you return the Product to us within 14 days, you will receive a refund.
11.22.1. When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us.
11.22.2. How we will refund you. Within 14 days of us receiving either the Products or proof that they have been returned, whichever is the sooner, we will refund the total price you have paid for the Products including any standard delivery costs. However:
a) if you chose enhanced delivery, we will only refund up to the amount of our usual standard delivery costs; or
11.23. HOW TO RETURN THE PRODUCT TO US
All Products returned by post should include your original order number and your contact details inside the package and should be addressed to: Audi Merchandise, Codestorm House, Walton Road, Farlington, Hampshire PO6 1TR. Whenever returning Products by post for whatever reason, we recommend that you use a courier that offers shipment tracking services and that you insure the Product to its full value while in transit. If you choose not to follow these recommendations we regret that you will be responsible for any loss or damage to the Product during transit.
11.24. OBTAINING ADVICE
Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens' Advice Bureau or Trading Standards office.
12. OUR LIABILITY IF YOU ARE A CONSUMER
12.0. This paragraph 12 only applies if you are a consumer.
12.1. We are responsible for foreseeable loss or damage caused by us. If we fail to comply with our obligations to you under this Section B in connection with any Contract, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
12.2. We are not liable for business losses. You agree not to use the Product(s) of features on the Site, for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
12.3. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. We therefore do not in any way exclude or limit our liability under or in connection with any Contract for:
12.3.0. death or personal injury caused by our negligence;
12.3.1. fraud or fraudulent misrepresentation;
12.3.2. any breach of your legal rights in relation to the Driving Experience service, including the right to receive that service supplied by us with reasonable skill and care and in conformity with these Terms;
12.3.3. any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
12.3.4. any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
12.3.5. defective Products under the Consumer Protection Act 1987
13. OUR LIABILITY IF YOU ARE A BUSINESS CUSTOMER
13.0. This paragraph 13 only applies if you are a business customer.
13.1. Products cannot be purchased by you for re sale purposes. We only supply the Products for internal use by your business, and you agree not to use the Product for any re-sale purposes.
13.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. Nothing in these Terms limits or excludes our liability for:
13.2.0. death or personal injury caused by our negligence;
13.2.2. breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession).
13.3. When we are not liable to you. We will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with any Contract for:
13.3.0. any loss of profits, sales, business or revenue, whether direct or indirect;
13.3.1. loss or corruption of data, information or software;
13.3.2. loss of business opportunity;
13.3.3. loss of anticipated savings;
13.3.4. loss of goodwill; or
13.3.5. any indirect, consequential loss, special or exemplary damages.
13.4. We will only be liable to you up to a certain amount. Subject to paragraph 13.3 and paragraph 13.4, our total liability to you in respect of all other losses arising under or in connection with any Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the price of the Products.
13.5. Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
14. DRIVING EXPERIENCES
Booking and Changes
14.0. Driving Experience Vouchers will be sold on the AudiStore.
14.1. Driving Experience Vouchers are not transferable or assignable and you cannot exchange Driving Experience Vouchers for cash.
14.2. The price of the relevant Driving Experience Voucher shall be dependent upon the elected Driving Experience, as set out on the AudiStore.
14.3. Payment for the Driving Experience must be made in full at the time the Driving Experience Voucher is purchased via the AudiStore. We will confirm our acceptance of your order to you by sending you an email that confirms the Driving Experience Vouchers you have ordered.
14.4. Driving Experience Vouchers shall be valid for a period of 12 months from the date we provide our Confirmation.
14.5. You are then required to contact our Driving Experience partner Silverstone Circuits Limited to book a date and time for the Driving Experience, by selecting from a list of pre-determined dates and times, all such dates being subject to availability.
14.6. Silverstone Circuits Limited shall then provide prompt confirmation of this date and time to you, via email.
14.7. Please see paragraphs 14.19 to 14.25 for further information on cancelling a Driving Experience, or the instances in which we may cancel a Driving Experience.
14.8. All Drivers must be aged at least 21 years of age and be in good health. All Drivers must be free from any medical condition or illness, which may affect or impair the Driver's ability to drive the Car.
14.9. All Drivers must hold a current valid driving licence (with no more than eight penalty points endorsed on it) and will be required to produce both parts of their driving licence prior to the commencement of the Driving Experience. Any Driver who fails to produce a valid driving licence prior to commencement of the Driving Experience will not be permitted to undergo the Driving Experience. Provisional licences and copies of licences are not acceptable to us.
14.10. All Drivers are required at all times to drive the Car in a careful and safe manner and to follow the instructions of their instructor. You will be liable for your acts and omissions and, in particular, your failure to drive the Car in accordance with this paragraph 14.11.
14.11. We reserve the right to refuse to allow any Driver to drive or carry on driving if in our reasonable opinion any such Driver appears unfit to drive for any medical reason or due to the influence of alcohol or drugs or disregards safety instructions or the instructions of any instructor. We will not pay any refund or permit a substitute Driver in the event that we refuse to permit any driver to drive or carry on driving because of the reasons set out in this paragraph 14.12.
14.12. Prior to your driving experience please visit www.viewdrivingrecord.service.gov.uk and print the relevant penalty point's information (you will need your photocard and National Insurance number for this service), please bring this with you to your driving experience along with your photocard driving licence.
14.13. Every care is taken to ensure the safety of all Drivers. However, due to the nature of the Driving Experience and the high performance characteristics of the Car some degree of risk is involved.
14.14. You will be required to sign a disclaimer and indemnity prior to the commencement of the Driving Experience, stating that you do not have more than 8 penalty points on your driver's licence and of 21 years of age and above.
14.15. We shall be responsible for arranging third party liability and public liability insurance which is provided subject to certain terms and conditions (a copy available upon request). Our insurance is compulsory and we will not accept any other form of insurance.
The Driving Experience
14.16. You will be required to check-in on the day of the Driving Experience at least 30 minutes before the scheduled start time in order to receive the pre-drive briefing. You will not be allowed to commence the Driving Experience if you have not attended the full pre-drive briefing.
14.17. We do not make any statement that Drivers will achieve any particular standard or competency following the Driving Experience or that the Drivers will be competent to drive cars of the same or similar type as the Car.
14.18. Times stated in respect of the duration of the Driving Experience are estimates only. The Driving Experience may be for a shorter or longer period and you should treat any times stated by us as estimates only.
14.19. You will not be allowed to use either a mobile phone or PDA at any time during the Driving Experience. Failure to comply with this request may result in dangerous or hazardous situations to both you and other Drivers and you being removed from the Driving Experience.
Cancelling a Driving Experience.
We provide our own cancellation policy for the Driving Experience, as set out below.
14.20. You may cancel the Driving Experience and receive a full refund for the amount of the Driving Experience Voucher at any time before you have contacted our Driving Experience partner Silverstone Circuits Limited to agree a date for the Driving Experience.
14.21.0. at any time up to two calendar months before the date of the Driving Experience, we will refund the price paid for the Driving Experience Voucher ("Price") but we will deduct a cancellation and administration fee of £30 from what we owe you;
14.21.1. at any time between two calendar months and six weeks before the date of the Driving Experience, we will refund the Price but we will deduct a cancellation fee of 50% of the Price of the Driving Experience from what we owe you;
14.21.2. at any time between six weeks and five before the date of the Driving Experience, we will refund the Price but we will deduct a cancellation fee of 75% of the Price of the Driving Experience from what we owe you; and
14.21.3. no refund will be made where you cancel the Driving Experience within five days of the date of the Driving Experience, and any such cancellation request must be made in writing to either us or our Driving Experience partner Silverstone Circuits Limited.
14.22. If you wish to reduce the number of Drivers up to 14 days before the date of the Driving Experience, we will refund you the Price but we will deduct a cancellation fee of 50% of Price for each Driver in respect of whose Driving Experience you wish to cancel. Any cancellation (whether in respect of any or all Drivers) or alteration of date which you wish to make later than 10 days before the date of the Driving Experience will incur a 100% cancellation charge.
14.23. If you do not attend the Driving Experience and we have not received any written cancellation from you, you will not be entitled to any refund.
14.24. Where we have to cancel a Driving Experience. Every effort will be made to ensure that the Driving Experience is carried out in accordance with the Confirmation and on the date agreed with our Driving Experience partner Silverstone Circuits Limited. However, we reserve the right to cancel the Driving Experience or modify it in the event that adverse weather conditions render it in our opinion unsafe to carry out the Driving Experience. Furthermore, we may cancel the Driving Experience if due to reasons beyond our reasonable control we are unable to provide Cars or instructors.
14.25. In the event that we cancel the Driving Experience before the Driving Experience commences, we will notify you immediately so that you can contact our Driving Experience partner Silverstone Circuits Limited and rearrange the Driving Experience for another later available date (subject to availability) or, if you prefer, will refund to you all money which you have paid to us. We will not be liable for any other expenses which you may have incurred.
14.26. If we cancel the Driving Experience after the Driving Experience has commenced, we will either rearrange the remaining the Driving Experience to be conducted on a mutually convenient date or refund to you part of the price taking into account the Driving Experience undertaken prior to cancellation and the scheduled duration of the Driving Experience. We will not rearrange the Driving Experience or make any refund if we cancel the Driving Experience for a reason stated in paragraph 14.25 and 75% of the scheduled time of the Driving Experience has already been undertaken.
15. PROMISES, LIABILITY AND DISCLAIMER
15.0. Promises we do not make. The Site is provided on an "as is" and "as available" basis. To the fullest extent permissible under applicable law, we disclaim any and all promises, warranties, conditions, or representations relating to the Site and its content, whether express, implied, oral or written. In particular:
15.0.0. we do not make any promises as to the truth, accuracy, integrity, quality or completeness of the content or information that appears on the Site and you should not rely on it being accurate, truthful or complete; and
15.0.1. by using the Site you acknowledge and accept the inherent risks, characteristics and limitations of the internet, particularly in terms of technical performance of the Site, and the risks inherent in all third party links, connections and transfers via the internet.
15.1. You access the Site at your own risk. You agree that your access and use of the Site and its content is at your own risk. We do not have any knowledge of, or control over, the particular purposes for which the information and content available on the Site is used. The content and information that we make available on the Site is provided for information only. Accordingly, we exclude any and all liability for any loss of any nature suffered by you as a direct or indirect result of your use of any of the information or content available on the Site or of making any decision, or refraining from making any such decision, based wholly or partly on any expression of opinion, statement or other information contained in the content available on the Site. Nothing in this paragraph 15.2 will affect your legal rights as a consumer.
15.2. Accepting the risks and limitations of the Internet. By using the Site you acknowledge and accept the inherent risks, characteristics and limitations of the Internet, particularly in terms of technical performance of the Site, response times to view, verify or transfer information; and the risks inherent in all third party links, connections and transfers via the Internet. Accordingly:
15.2.0. we do not make any promises about the availability or accessibility of the Site or promise that your access to the Site, the content on it or the services we provide will be delivered uninterrupted, in a timely manner or error-free; and
15.2.1. we are not responsible for any data or information uploaded by any users or Visitors including any content posted, uploaded or published on the Site. It is your responsibility to make backup copies of any of the content you post, upload or publish on the Site and we strongly recommend that you do so.
15.3. We make no promises in respect of any harm resulting from any download you may carry out. We make no promises in respect of any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horse, cancelbot, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair a computer's functionality or operation including transmission arising from your download of any content, software you use to download the content, the Site or the servers that make it available. In this respect you agree that it is your responsibility to install suitable anti-virus and security software on your computer hardware and other devices to protect against any such bugs, viruses or other such harmful programming routines. Any content downloaded or otherwise obtained through the use of the Site is done at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such content.
15.4. When we will not be responsible or liable to you. We will not be responsible or liable to any Visitors browsing the pages of the Site for:
15.4.0. any form of indirect, consequential or special loss; or
15.4.1. any financial loss or loss of data, opportunity, goodwill or reputation, in each case whether such loss is direct or indirect.
15.5. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. There are certain liabilities which we cannot exclude by law and nothing in these Terms excludes or limits our liability for the following:
15.5.0. for death or personal injury caused by our negligence;
15.5.1. fraud or fraudulent misrepresentation; or
15.5.2. any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude its liability.
Your obligation to reimburse us if you do not use the Site in accordance with our Terms. You agree only to use the Site in accordance with our Terms. You agree that you will reimburse us (and our employees, officers, agents and suppliers) in full for any damages, losses, costs and expenses, including reasonable legal fees we incur that arise out of any breach by you of our Terms (including any actions you take which disrupt access to and/or the functioning of the Site) or any liability we incur as a result of the use of the Site by you and any other person that uses your account.
17. OUR CONTENT
17.0. Who owns the content of the Site? All of the content on the Site is owned by (and all copyright, trade mark and other intellectual property rights in that content, shall at all times remain vested in) us or our licensors and is protected by UK and international copyright and other intellectual property laws.
17.1. What does our content include? Our content includes any information or other material found on the Site, including without limitation text, databases, graphics, videos, software, tools and all other features found on the Site, including the look and feel, design, structure, scripting and code of those features and the Site.
17.2. Restrictions on use of our Site and its content. We make the Site and our content (including any valuation, quotation and other tools and features) available through the Site for your personal, non-commercial use only. You may view the Site's pages and content online. You may not otherwise reproduce, modify, copy or distribute or use any of the content on the Site, other than as expressly permitted under these Terms without our prior written consent.
17.3. To be clear, you are not in any circumstances permitted to:
17.3.0. make commercial use of any such content;
17.3.1. edit any such content; or
17.3.2. remove, obscure or otherwise tamper with any copyright and proprietary notices that relate to, or are contained within, the content.
17.4. Who owns the trade marks on the Site? The trade marks appearing on the Site are owned by us or our licensors including Audi. No permission is given in respect of the use of any of these marks or brands, and any such use may constitute an infringement of the holder's rights.
18. GENERAL PROHIBITIONS ON ACCESS AND USE OF THIS SITE
18.0. Restrictions on your use of the Site. You may use the Site only for lawful purposes. You may not use the Site:
18.0.0. in any way that breaches any applicable local, national or international law or regulation;
18.0.1. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
18.0.2. for the purpose of harming or attempting to harm minors in any way; or
18.0.3. to knowingly transmit, send or upload any data or other material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
18.1. You also agree:
18.1.0. not to reproduce, duplicate, copy or re-sell any part of the Site in contravention of the provisions of our Terms;
18.1.1. not to access without authority, interfere with, damage or disrupt:
a) any part of the Site;
b) any equipment or network on which the Site is stored;
d) any equipment or network or software owned or used by any third party.
18.2. You shall not carry out data mining, screen scraping or crawling of this Site, its pages or its content or use any process or processes that send automated queries to this Site unless you have obtained our prior written consent.
19. THIRD-PARTY SOFTWARE
19.0. You may need to download software to use certain content on the Site. You acknowledge that you may need to download and activate certain software in order to use certain content provided and sold on the Site. This software will be clearly identified on the Site.
19.1. You may need to accept third party licence terms to use certain content on the Site. In order to use such third-party software or technology, you may have to accept the terms of a licence agreement with that third party. You acknowledge that we have no responsibility or control over such third-party software.
20.0. You acknowledge that the Site may include links to third-party websites. We do not review these third-party websites nor have any control over them, and we are not responsible for the websites or their content or availability.
20.1. We do not therefore endorse, or make any representations about, them or any content found there or any results that may be obtained from using them.
20.2. Accessing third-party websites at your own risk. If you decide to access any of these third-party websites, you do so entirely at your own risk.
20.4. When can you link to the Site. You may only link to the Site provided that:
20.4.0. the homepage is not loaded into frames on your website, unless we expressly agree;
20.4.1. your site or services do not misrepresent its relationship with us or present false information about us or otherwise harm our business or conflict with our interests or values; and
20.4.2. we reserve the right to withdraw linking permission any time without prior notice.
21. COPYRIGHT COMPLAINTS
21.0. We respect the intellectual property rights of others. We prohibit users of the Site from submitting, uploading, posting or otherwise transmitting any materials that infringe or violate another person's intellectual property rights.
21.1. It is our policy to comply with clear notices of alleged copyright infringement. If you wish to submit a notice of alleged copyright infringement or a counter-notice, please contact us using the details provided at the start of these Terms.
21.2. Our right to terminate your usage rights for repeat infringers of others copyright. Additionally, it is our policy to terminate usage rights and any applicable user accounts of users we determine to be repeat infringers of others' copyright. Please see paragraph 5.5 for further details.
21.3. We are not responsible for content hosted on third-party websites accessible from this Site. Content hosted on third-party websites accessible from this Site is the responsibility of those websites, and not our responsibility. If you are the copyright owner of content hosted on a third-party website, and you have not authorised the use of your content, please contact the administrator of the hosting website directly to have the content removed.
22. WRITTEN COMMUNICATIONS
How we will communicate with you. Applicable laws require that some of the information or communications we send to you should be in writing. When using the Site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This paragraph 22 does not affect your legal rights.
23. OTHER IMPORTANT TERMS
23.0. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
23.1. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
23.2. If a court finds part of these Terms illegal, the rest will continue in force. 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.
23.3. Even if we delay in enforcing these Terms, we can still enforce it later. 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 these Terms, 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.
23.4. Which laws apply to these Terms and where you may bring legal proceedings. These terms are governed by the law of England and Wales and you can bring legal proceedings in the English courts. Nothing in this paragraph shall deprive you of the right to bring or defend proceedings in your home state nor of the protection afforded to you by the mandatory rules of law of the country in which they live. For example, if you live in Scotland you can bring legal proceedings in either the Scottish or the English courts and if you live in Northern Ireland you can bring legal proceedings in either the Northern Irish or English courts.
23.5. Reliance on these Terms. We intend to rely on these written Terms and any document expressly referred to in them in relation to their subject matter. We and you will be legally bound by these Terms.
23.6. We are not responsible for delays outside our control. If we are prevented or delayed from complying with our obligations under these Terms by anything you (or anyone acting on your behalf) does or fails to do or due to events or circumstances beyond our reasonable control. In such circumstances including fire, flood and other acts of God, strikes, trade disputes, lock outs, restrictions of imports or exports, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war, our inability or delay in performing our obligations will not be deemed to be in breach of contract.
23.7. References to 'including' and other similar expressions. In these Terms, words that appear after the expression 'include', 'including', 'other', 'for example', 'such as' or 'in particular' (or any similar expression) will not limit the meaning of the words appearing before such expression.
23.8. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
23.9. Waiver. If you breach these Terms and we choose to ignore your breach, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Terms again.
23.10. Language. These Terms may be presented to you in more than one language. However, the English language version of these Terms shall prevail.
23.11. Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we or an Owner has handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to the IDRS (part of the Centre for Effective Dispute Resolution) via their website at http://www.cedr.com/idrs/. IDRS will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
24. CHANGES TO THESE TERMS
We may make changes to these Terms at any time by sending you an email with the modified Terms or by posting a copy of them on the Site. Any changes will take effect 7 days after the date of our email or the date on which we post the modified terms on the Site, whichever is the earlier. If you continue to use the Site after that period has expired, it means that you accept any such changes.
25.0. This Site is owned and operated by Audi UK, a trading division of Volkswagen Group United Kingdom Limited, a company incorporated in England. Our registered office address is Volkswagen Group United Kingdom Limited, Yeomans Drive, Blakelands, Milton Keynes MK14 5AN.
Our registered company number is 514809 and our VAT registration number is 217990930
25.1. For a list of our correspondence addresses and telephone and email contact details, please visit our Contact Us page.
Audi, a trading division of Volkswagen Group United Kingdom Limited (“we”/”us”) are committed to protecting and respecting any personal information you share with us.
This statement describes what types of information we collect from you, how it is used by us, how we share data with others, how you can manage the information we hold and how you can contact us.
We will always give you the option not to receive marketing communications from us. We will never send you unsolicited ‘junk’ email or communications, or share your data with anyone else who might. We do not sell your information to third parties, but we do work closely with our authorised Audi network, Volkswagen Financial Services and selected partners who help us to provide you with the information, products and services that you request from us. For example, the AA who provide roadside assistance on our behalf.
The contents of this statement may change from time to time so you may wish to check this page occasionally to ensure you are still happy to share your information with us. Where possible, we will also contact you directly to notify you of any substantial changes.
This version of our Privacy Statement is live from 13th June 2019.
What information do we collect?
We collect information about you and your vehicle when you engage with our website, applications or authorised Audi network. We only collect information which is necessary, relevant and adequate for the purpose you are providing it for.
We collect information about you or your vehicle when you use Audi’s websites, applications and our customer service centres. We also obtain information about you or your vehicle from our authorised Audi network, Volkswagen Financial Services and other companies who provide services to us, such as external agencies, consultants and IT providers. Some of this information does not identify you personally, but provides us with information about how you use our services and engage with us (we use this information to improve our services and make them more useful to you).
The information we collect includes some or all of the following:
How do we use this information?
Audi will only process information that is necessary for the purpose for which it has been collected. You will always have the option not to receive marketing communications from us (and you can withdraw your consent or object at any time). We will never send you unsolicited ‘junk’ email or communications, or share your personal information with anyone else who might.
There are various ways in which we may use or process your personal information. We list these below:
Where you have provided your consent, we may use and process your information to:
You can withdraw your consent at any time by contacting us at email@example.com or, in relation to any marketing messages you receive, by using the unsubscribe option included in those messages.
We may use and process your personal information where this is necessary to perform a contract with you and to fulfil and complete your orders, purchases and other transactions entered into with us (or our authorised Audi network or selected partners).
We may use and process your personal information as set out below where it is necessary for us to carry out activities for which it is in our legitimate interests as a business to do so.
Processing necessary for us to support customers with sales and other enquiries
1. To respond to correspondence you send to us and fulfil the requests you make to us (for example: test drives, service requests, brochure requests or information about specific vehicles);
2. To provide vehicle support and services (for example warranty services);
3. To provide service, maintenance and warranty information and reminders, unless you object;
Processing necessary for us to respond to understanding customers’ and drivers’ needs
4. To analyse, evaluate and improve our products and services so that your visit and use of our website, applications, customer service centre and authorised Audi network are more useful and enjoyable (we will generally use data amalgamated from many people so that it doesn’t identify you personally);
5. To undertake market analysis and research (including contacting you with customer surveys) so that we can better understand you as a customer and provide tailored offers, products and services that we think you will be interested in. We will only send marketing communications to you if you have provided your consent for us to do so or which we have obtained in the ways mentioned in the paragraph below;
6. For product development purposes (for example to improve vehicle quality, performance and safety);
7. We use automated methods to analyse, combine and evaluate information that you have provided to us (including the sharing of your personal information within our group of companies like Volkswagen Financial Services, as well as Volkswagen AG, Audi AG, SEAT S.A, SKODA AUTO a.s). We collect and analyse this information in this way so that we can deliver the most appropriate customer experience to you by tailoring and making relevant all our service and communications (for example, when you might be ready to change your vehicle and the models you may be interested in);
Processing necessary for us to promote our business, brands and products and measure the reach and effectiveness of our campaigns
8. To send you marketing information from time to time after you have purchased a product or service from us or made a purchasing enquiry, closed your browser with items in your shopping basket or requested a test drive, brochure or other information of interest. We will only contact you with information about our own products and services (and in ways the law allows), which we hope you will like. You have the right to object to us sending you this information at any time;
9. To send you information on our extended warranty products where you are benefiting from a current Audi warranty and it is about to expire. You have the right to object to us sending this information at any time;
10. To contact you from time to time with marketing information (unless you object) if you have expressly indicated to us that you are acting on behalf of a business or where we have obtained your business contact details from our authorised Audi network or an online or public business directory. In relation to any such information we send by email or SMS, we will include an option allowing you to object to receiving future messages by unsubscribing;
11. To contact you with targeted advertising delivered online through social media and other platforms operated by other companies, unless you object. You may receive advertising based on information about you that we have provided to the platform or because, at our request, the platform has identified you as having similar attributes to the individuals whose details it has received from us. To find out more, please refer to the information provided in the help pages of the platforms on which you receive advertising from us;
13. To administer competitions and promotions that you enter with us from time to time and to distribute prizes;
14. To contact you when your local Audi Centre opens, closes or moves premises.
Processing necessary for us to assess and respond to complaints, claims and regulators
15. To respond to queries, complaints or claims and to manage legal and regulatory requests and requirements;
16. To enforce or protect our legal rights or to establish, bring or defend legal claims;
Processing necessary for us to operate the administrative and technical aspects of our business efficiently and effectively
17. To verify the accuracy of information that we hold about you and create a better understanding of you as a customer;
18. For network and information security purposes i.e. in order for us to take steps to protect your information against loss, damage, theft or unauthorised access;
19. To comply with a request from you in connection with the exercise of your rights (for example where you have asked us not to contact you for marketing purposes, we will keep a record of this on our suppression lists in order to be able to comply with your request);
20.To inform you of updates to our terms and conditions and policies.
We may process your personal information to comply with our legal or regulatory requirements (for example to register your car with the DVLA, to assist, or respond to a request for information from, an authorised authority, regulatory body or court, or to respond to a court order).
Sometimes we will need to process your personal information to contact you if there is an urgent safety or product recall notice and we need to tell you about it.
How do we share this information?
We do not sell your information to third parties, but we do work closely with our authorised Audi network, Volkswagen Financial Services, our group companies and with third party suppliers who fulfil business activities for us (like roadside assistance, marketing, events and market research etc.)
We do not sell your information to third parties. However, we may from time to time disclose your information to the following categories of companies or organisations to which we pass the responsibility to handle services on our behalf: roadside assistance service providers, customer contact centres, mobility and car hire providers, direct marketing communications agencies and consultants, market research and market analytics service providers, our legal and other professional advisors.
We will also share your information with our authorised Audi network in situations where we need to pass your information to them in order to manage any request, provide a service or handle any complaint you may have made to us. For example, where you have requested a test drive, we will need to share your personal information with your selected Audi Centre so that they can contact you to arrange for the test drive to take place.
We will also share your personal information if we have a duty to do so, e.g. to register your car with the DVLA, to assist an authorised authority, regulatory body or court, or to enforce or protect our legal rights or to establish, bring or defend legal claims.
There are also circumstances where we share your information with our parent (or other companies within our Group) in order to understand you as a customer, fulfil orders, transactions, handle complaints or provide you with a service or information that you have requested. For example we will share information with Volkswagen Financial Services UK Limited where you enquire about their services through us or where you make a complaint to us and later make the same or similar complaint to them. Volkswagen Financial Services UK Limited may use your information to provide you with information and carry out their obligations arising from contracts you enter into with them. For more information, please see their privacy statement.
Due to the international nature of our business, there may be some instances where your information is processed or stored outside of the EU. In those instances, we will ensure that appropriate safeguards are in place for that transfer and storage as required by applicable law.
We take steps to ensure that any third party partners who handle your information comply with data protection legislation and protect your information just as we do. We only disclose personal information that is necessary for them to provide the service that they are undertaking on our behalf. We will aim to anonymise your information or use aggregated none specific data sets where ever possible.
How long do we keep your information for?
We will not hold your personal information in an identifiable format for any longer than is necessary. If you are a customer or otherwise have a relationship with us we will hold personal information about you for a longer period than if we have obtained your details in connection with a prospective relationship.
We do not retain personal information in an identifiable format for longer than is necessary.
If we have a relationship with you (e.g. you are a customer or the registered driver of a leased or other vehicle purchased from us or an authorised dealer), we hold your personal information for 6 years from the date our relationship ends. We hold your personal information for this period to establish, bring or defend legal claims. Our relationship may end for a number of reasons including where the vehicle warranty or lease expires, or we have been made aware that you no longer own or drive that vehicle.
Where we have obtained your personal information following a request for information, test drive, brochure, quotation or any other information on any of our products or services, we hold your personal information for 1 year and 6 months from the date we collect that information, unless during that period we form a relationship with you e.g. you purchase or lease a vehicle or consent for us to send you marketing information.
Where you have consented to receive marketing, regardless of whether or not we have a relationship with you, we will retain information we need to market to you for 3 years and 6 months from the date consent was given. Each time you provide your consent, the time period will refresh.
We hold your personal information for the above periods to give us an opportunity to form a relationship with you.
The only exceptions to the periods mentioned above are where:
How can I manage the information we hold about you
You have the right as an individual to access your personal information we hold about you and make corrections if necessary. You also have the right to withdraw any consent you have previously given us and ask us to erase information we hold about you. You can also object to us using your personal information (where we rely on our business interests to process and use your personal information).
You have a number of rights in relation to your personal information under data protection law. In relation to most rights, we will ask you for information to confirm your identity and, where applicable, to help us search for your personal information. Except in rare cases, we will respond to you within 30 days after we have received any request (including any identification documents requested).
You have the right to:
You can exercise the above rights and/or manage your information by contacting us using the details below:
By post: Executive Office, Audi UK, Volkswagen Group United Kingdom, Yeomans Drive, Blakelands, Milton Keynes, MK14 5AN
By email: firstname.lastname@example.org
By phone: 0800 699 888
If you have any specific data protection concerns or a complaint, you can address it to our Data Protection Team at email@example.com.
If you are unhappy, you have the right to lodge a complaint with a data protection regulator in Europe, in particular in a country you work or live or where your legal rights have been infringed. The contact details for the Information Commissioner’s Office, the data protection regulator in the UK, are below:
Post: Information Commissioner's Office
Call: 0303 123 1113