BMW Concessionaires (HK) Ltd. ("BMW HK", "we", "our" or "us") appreciates your interest in us and our products and services at the BMWHK Lifestyle Online Store. When you as customer ("You", "Your" or "Customer") order any products listed at or on BMWHK Lifestyle Online Store, You shall accept and agree to be bound by these Terms and Conditions. These Terms and Conditions may be varied, modified or amended by BMW Concessionaires (HK) Ltd ("BMWHK", "we", "us" or "our") from time to time without prior notice.

 

1. Orders and Products

1.1 By placing an Order for any BMWHK Lifestyle Online Store goods, you are deemed to be making an offer to purchase the goods from the BMWHK Lifestyle Online Store. At our sole discretion, BMWHK may or may not accept your offer.

1.2 You acknowledge and understand that the price, colour and style of each merchandise are subject to change at any time prior to an Order being placed by you as customer.

1.3 No offer shall be deemed to be accepted by BMWHK unless we process payment in full from Your payment card or credit card.

1.4 Illustrations of goods shown on the BMWHK Lifestyle Online Store are for reference only and do not necessarily show the actual size, colour or function of the items. BMWHK does not guarantee that the product description, price, size and/or weight measurements and other content on BMWHK Lifestyle Online Store are complete, accurate, reliable, current or error-free.

1.5 The BMWHK Lifestyle Online Store goods warranty is for 12 months from the date of purchase. Any item or product replaced under warranty is warranted to be free from manufacturing defect till the expiry of the original product warranty. The warranty is not applicable to normal wear and tear, improper use or abuse of the item(s) purchased.

 

2. Price and Payments

2.1 Prices for products listed in BMWHK Lifestyle Online Store are quoted in Hong Kong dollars.

2.2 BMWHK may change the prices quoted for the products listed in BMWHK Lifestyle Online Store without prior notice. BMWHK shall have the right to apply any such new prices to all products provided that the new prices will only apply to products ordered after publication of the new prices.

2.3 All credit card purchases will be charged in Hong Kong dollars (HK$) only.

2.4 BMWHK honours credit cards as shown below: Visa, Mastercard, American Express, Apple Pay, Alipay and Google Pay.

 

3. Title and Risk

3.1 Risk and liability in respect of the goods You purchase shall pass to You upon delivery of the goods to you either when you pick up the goods or via delivery service. Property and ownership title in the goods shall pass to you upon receipt of your full payment to BMWHK.

 

4. Delivery options

In person You have the option of placing orders for products for delivery to a Hong Kong address or pick up from BMWHK.

4.1 Pick-up Goods

4.1.1 You shall be required to examine the condition of the goods. In case of a serious quality issue, you may return the item(s) immediately to the pick-up counter at the depot and request for a replacement.

4.2 Delivery service

4.2.1 Delivery service normally takes 7 working days, weather and traffic conditions permitting. Delivery service is only provided to a valid residential or business address on Hong Kong Island, Kowloon or the New Territories (excluding outlying islands such as Tung Chung, Chek Lap Kok, Lantau, Cheung Chau etc.). P.O. Box numbers are not acceptable as a delivery address. Delivery days and times are subject to change without prior notice.

4.2.2 You shall ensure accurate information of delivery address and contact number. Additional handling costs shall be charged where incorrect delivery details have been provided.

4.2.3 If there is no one at the address given who is competent to accept delivery of the goods, You will be notified of an alternative delivery date or a place to collect the goods, in which case BMWHK will charge an additional delivery fee.

4.2.4 Delivery service is limited to Hong Kong local delivery, out of Hong Kong delivery is not available. Free delivery to one address will be offered for any net purchase amount of HK$500 or above, otherwise a delivery fee of HK$50 will be charged for each delivery. Each delivery means delivery to a single address only.

4.2.5 Delivery service will be suspended when typhoon signal No. 8 or above or a black rain warning is hoisted in Hong Kong or equivalent or similar conditions. Delivery services may also be delayed in case of severe or freak weather, and we will contact You to re-schedule the delivery time.

4.2.6 Upon delivery, you are required to examine the condition of the goods. In case of a serious quality issue, you may return the item(s) immediately through the courier.

4.2.7 Every effort will be made to deliver the goods as soon as possible once your Order has been accepted and relevant payment received, or by any date indicated for delivery. However, BMWHK will not be liable howsoever for any inconvenience, loss or damage you may suffer through any reasonable or unavoidable delay in delivery. In this case, BMWHK will inform You as soon as possible of the new delivery dates.

 

5. Replacement policy

5.1 Replacement services will only be offered for items with serious defects. Please contact BMWHK within 3 days from the date of delivery, and you must return the goods or items bought together in their original packaging and sales invoice. For items that have been damaged due to abuse, misuse, accident, unauthorized alteration or repair, defect arising through fair wear and tear or use otherwise than as recommended by the supplier, or failure to follow use or care instructions, such items will not be accepted for replacement or refund. The standard procedure at BMWHK Lifestyle Online Store is that all defective goods may be returned to the store for replacement. Only when there is no replacement available will BMWHK refund the purchase. In the event of refund, you agree to bear all relevant charges (e.g. bank, financial, administration, etc.) and the decision of BMWHK is final and binding in this regard (Enquiry: bmwparts@simedarby.com.hk).

 

6. Force Majeure

6.1 BMWHK shall not be held liable for or be deemed to be in breach of these Terms and Conditions for any delay or failure in its performance caused by or resulting from acts of God, fire, flood, accident, riot, civil commotion, war, government intervention, embargoes, strikes, epidemic, labour difficulties, internet and/or equipment failure, port closure, or any other causes beyond BMWHK's control and/or whether foreseeable or not.

 

7. Exclusions and Liability

7.1 BMWHK shall not be held liable for or be deemed to be in breach of these Terms and Conditions for any delay or failure in its performance caused by or resulting from acts of God, fire, flood, accident, riot, civil commotion, war, government intervention, embargoes, strikes, epidemic, labour difficulties, internet and/or equipment failure, port closure, or any other causes beyond BMWHK's control and/or whether foreseeable or not.

7.2 Notwithstanding these Terms and Conditions excludes, restricts or modifies any condition, warranty, right or liability implied into the contract between BMWHK and You as Customer where to do so is illegal or would render any provision of the contract void.

7.3 Nothing in these Terms and Conditions and in the contract between us shall limit or exclude our liability for death or personal injury caused by our negligence. This clause also subject to any mandatory provisions of local law in the country where goods are delivered which do not permit the limitation of liability in cases of willful misconduct or gross negligence.

7.4 Subject to clauses 8.2 and 8.3 and to such extent as permitted by applicable law, BMWHK shall not be liable under the contract between us and You as customer or otherwise for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising or for any damage caused by any goods, product or failure of such good or product to perform and whether caused by tort (including negligence), breach of contract or otherwise.

7.5 Subject to clauses 8.2, 8.3 and 8.4 and to such extent as permitted by applicable law, our maximum aggregate liability under these Terms and
Conditions whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you as to BMWHK in respect of the item or goods in question.

7.6 To such extent as permissible by applicable law and subject to clauses 8.2 and 8.3, BMWHK shall not be liable to You as Customer or any third party for any loss or damage however caused which may be directly or indirectly suffered in connection with use of the BMWHK Lifestyle Online Store, any purchases or payment of items or goods for delivery service, or the delivery or non-delivery of such items whether or not caused by any use or misuse of the said items or goods.

 

8. Amendment

8.1 BMWHK shall have the right and sole discretion to amend these Terms and Conditions without prior notice. Any revised version of these Terms and Conditions shall be effective immediately after publication on this website and shall apply to all Orders received thereafter.

 

9. Data Protection

9.1 Your personal data is always required in order to process your Orders pursuant to Clause 2.1 of these Terms and Conditions. If you fail to provide any such personal data or provide incorrect or inaccurate data, this may result in BMWHK being unable to process the Customers' Orders.

9.2 At BMWHK, we strive to protect your privacy. Moreover, BMWHK uses your personal data in accordance with our Customer Privacy Policy ("Privacy Policy"). All personal data is managed in accordance with our Privacy Policy (https://www.bmwhk.com/en/footer/metanavigation/legal-disclaimer-pool/privacy-policy.html).

9.3 You agree that we retain the data You provide from time to time, including data we collect when You place an Order or use our products and services. Your data may be used including without limitation for the following purposes:

9.3.1 Application, administration, continuation and termination of the use of our products or services;

9.3.2 Processing billing and payment, maintaining a credit history, determining amounts outstanding and where necessary, collection of outstanding payments;

9.3.3 Considering or fulfilling requests or application of any nature submitted by you, whether online, over the phone or through other channels;

9.3.4 Handling and following up service calls, enquiries and complaints;

9.3.5 Verification of your identity;

9.3.6 Administering contests and sweepstakes conducted by us, including disclosing the winners of any such contests;

9.3.7 Enforcement of any contract entered into between you and BMWHK;

9.3.8 Updating and enhancing our records;

9.3.9 Meeting the requirements to make disclosure to any governmental, legal or regulatory authority in Hong Kong under the requirements of any law binding on us; and

9.3.10 Enabling us to better understand the demographics and preferences of our customers and provide products/services better tailored to your needs.

By placing an Order, You agree and consent to BMWHK's collection, use and transfer of your personal data in accordance with the Data Privacy Policy.

9.4 You may at any time request access to or update/correct your Data held by us. You may also ask us to delete you or your Data from any active mailing or distribution list. To exercise any of your rights above, please visit www.bmwhk.com/unsubscribe to unsubscribe.

9.5 The Data provided by you will be used by us for the purpose for which it was requested, and for directly related purposes as follows:

9.5.1 Application, administration, continuation and termination of the use of our products or services;

9.5.2 Processing billing and payment, maintaining a credit history, determining amounts outstanding and where necessary, collection of outstanding payments;

9.5.3 Considering or fulfilling requests or application of any nature submitted by you, whether online, over the phone or through other channels;

9.5.4 Handling and following up service calls, enquiries and complaints;

9.5.5 Verification of your identity;

9.5.6 Administering contests and sweepstakes conducted by us, including disclosing the winners of any such contests;

9.5.7 Enforcement of any contract entered into between you and BMWHK;

9.5.8 Updating and enhancing our records;

9.5.9 Meeting the requirements to make disclosure to any governmental, legal or regulatory authority in Hong Kong under the requirements of any law binding on us; and

9.5.10 Enabling us to better understand the demographics and preferences of our customers and provide products/services better tailored to your needs.

9.6 Your Data may however be transferred within or outside Hong Kong as follows (if applicable):

9.6.1 Other companies (including branch offices, subsidiaries, holding companies, associated companies or affiliates) within the Sime Darby group of companies;

9.6.2 Governmental, legal or regulatory authority in Hong Kong SAR;

9.6.3 Our audit, legal and financial advisers;

9.6.4 Third party service providers engaged by us to assist with debt collection, surveys and other customer services;

9.6.5 Insurance company(ies) for the application of car insurance and related insurances;

9.6.6 Credit information, reference bureau or financial service company for the application of financial services; and

9.6.7 Our assigns or successors in title.

 

10. Miscellaneous

10.1 All copyrights, trademarks and all other intellectual property rights in all materials or content supplied as part of the BMWHK Lifestyle Online Store are vested solely in BMWHK.

10.2 In the event of any discrepancy between this English version of the Terms and Conditions and any other translated version, the English version shall prevail.

10.3 These Terms and Conditions are governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region (HKSAR). For the avoidance of doubt, all sales and purchases of goods from BMWHK Lifestyle Online Store shall be treated as purchases and/or transactions made within and/or from the Hong Kong Special Administrative Region (HKSAR), and are subject to HKSAR laws.

10.4 These Terms and Conditions may be varied, amended or modified by BMWHK at any time without prior notice. However, BMWHK reserves the right to make any seasonal or special offers, arrangements, conditions or discounts at any time and such offers, arrangements, conditions or discounts shall always be at the sole discretion of BMWHK.

10.5 Any dispute arising out of or in connection with these Terms and Conditions shall first be referred in writing to the sales manager of BMWHK. The Parties agree to attempt to solve all claims, disputes or controversies arising under, out of or in connection with these Terms and Conditions by conducting good faith negotiations for thirty (30) days (or any extension to this period as may be agreed between the Parties) and any resolution achieved shall be final and binding on the Parties. As clarification, You agree and acknowledge that in all circumstances the decision of BMWHK shall be final and binding.

10.6 Neither our failure nor the Customer's failure to enforce any term of the contract between us constitutes a waiver of such term. Such failure shall in no way affect the right later to enforce such term.

10.7 BMWHK reserves the right of final decision in case of any disputes or changes regarding the offer, volume of offer or availability of goods and may make without prior notice.