TERMS & CONDITIONS
Land Rover Discovery Reservation Terms & Conditions
By checking the box confirming the acceptance of these terms and conditions (the “Terms & Conditions”), you acknowledge and confirm that you have read and hereby agree to be bound by these Terms & Conditions regarding your reservation to purchase one (1) all-new 2017 Land Rover Discovery vehicle. You acknowledge and agree that these Terms & Conditions are a binding agreement between you and Jaguar Land Rover North America, LLC (“Land Rover”), a limited liability company organized under the laws of the State of New Jersey, located at 555 MacArthur Blvd, Mahwah, NJ 07430.
By checking the payment confirmation box, you also agree to be bound to pay the Reservation Deposit (as defined in Section 7 below). Only individuals acting in their individual capacity are allowed to make a reservation.
2. RESERVATION DEPOSIT
Upon finalization of the online reservation process, including, without limitation, at Land Rover’s website located at www.landroverusa.com (the “Land Rover USA Website”), approval of your application by Land Rover in its sole discretion, and payment of the Reservation Deposit (as defined in Section 7 below) you will receive a potential right to purchase, depending on your selection, one (1) All-New 2017 Land Rover Discovery vehicle. For the avoidance of doubt, nothing in these Terms & Conditions shall guarantee you the right to purchase an All-New 2017 Land Rover Discovery vehicle. If you pay the Reservation Deposit but you are denied the right to purchase an All-New 2017 Land Rover Discovery vehicle, the Reservation Deposit will be refunded to you.
BY AGREEING TO THESE TERMS & CONDITIONS AND BY PAYING THE RESERVATION DEPOSIT, YOU SPECIFICALLY ACKNOWLEDGE THAT YOU HAVE NOT PURCHASED AN ALL-NEW 2017 LAND ROVER DISCOVERY VEHICLE.
The Reservation Deposit is an amount which would be applied toward the full amount of the selected vehicle if Land Rover approves you as a purchaser (i.e., the final agreed-upon price of the vehicle would be reduced by the Reservation Deposit). For the avoidance of doubt, these Terms & Conditions and your acceptance hereof constitute merely the potential right for you to purchase one (1) All-New 2017 Land Rover Discovery vehicle, as evidenced by the individual unique confirmation number on the Application Confirmation (as described in Section 3 below) issued once the online process is complete. If you are approved by Land Rover to finalize the process of purchasing an All-New 2017 Land Rover Discovery vehicle, you would need to sign a final purchase agreement with the Land Rover Retailer you selected during the online reservation process on the Land Rover USA Website.
The Land Rover Retailer you select will contact you as soon as possible but not later than two (2) business days after you have paid the Reservation Deposit to make an appointment in which to discuss further details, such as approval of your submission, and if you are approved, time of delivery, price and financing options of the possible purchase of an All-New 2017 Land Rover Discovery vehicle. You may send a request to Land Rover by contacting the Land Rover Concierge at 1-800-637-6837, Ext #9, to ask to change the selected local Land Rover Retailer prior to entering into an agreement with the selected retailer for the purchase of your vehicle. If after two (2) business days you have not been contacted by your selected Land Rover Retailer, please call the Land Rover Concierge.
3. CONCLUSION OF RESERVATION; PURCHASE
You will make payment of the Reservation Deposit at the time you accept these Terms & Conditions. After the Reservation Deposit is paid, you will receive an Application Confirmation by email which will include a unique confirmation number. The Application Confirmation will be sent to the email address you provided during the application process. If you have not received the Application Confirmation by email within two (2) hours after completion of the application (including payment of the Reservation Deposit), contact the Land Rover Concierge at 1-800-637-6837, Ext #9. You agree to provide complete and accurate information, such as credit/debit card information, home address, e-mail address and phone number on the Land Rover USA Website.
Only one (1) unique confirmation number will be issued in connection with a Reservation Deposit and you are required to present the confirmation number to the selected retailer to order and purchase your vehicle. A confirmation number cannot be used to place multiple vehicle orders. Supplies are limited.
4. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, Land Rover makes no warranty of any kind in connection with these Terms & Conditions or subject matter herein. Under no circumstances will Land Rover be held liable for any indirect or consequential loss or damage, including any and all (a) loss of opportunity (including loss of contract or right to offer or tender); (b) lost opportunity cost; (c) loss of business; (d) reduction or damage to goodwill; (e) damage to name or reputation; or (f) loss or corruption of data, and regardless of whether any or all of these circumstances are considered to be indirect or consequential losses or damage, in contract, tort (including negligence), under any statute or law or otherwise arising out of Land Rover's breach of this Agreement, even if Land Rover has been advised of the possibility of occurrences which would or might lead to such loss or damages. If Land Rover is held liable for any damages related to your reservation or this Agreement, your sole and exclusive remedy will be limited to reimbursement of the Reservation Deposit paid to Land Rover.
5. RIGHT OF WITHDRAWAL; REFUNDABLE RESERVATION DEPOSIT
5.1 Right of withdrawal
You have the right to withdraw your submission of your application to be considered for the purchase of an All-New 2017 Land Rover Discovery for any or no reason by contacting the Land Rover Concierge at 1-800-637-6837, Ext #9.
5.2 Effects of withdrawal
If you withdraw your application within 120 days of submission, Land Rover will refund the Reservation Deposit to the credit card that you provided or, if that credit card is not available or if you withdraw your submission after the 120-day period, Land Rover will refund the Reservation Deposit by check delivered to the address that you provide. Swivel Group (as defined in Section 7 below) promptly will process your withdrawal and refund of the Reservation Deposit. In any event, you will be refunded no later than fourteen (14) days from the day on which Land Rover is informed about your decision to withdraw submission of your application.
6. LAND ROVER CONCIERGE
Should you have any questions about your application or the purchase of an All-New 2017 Land Rover Discovery vehicle, please call the Land Rover Concierge at 1-800-637-6837, Ext #9.
7. PRICE AND PAYMENT TERMS
Price shown is the Base Manufacturer’s Suggested Retail Price (“MSRP”) for the All-New 2017 Land Rover Discovery. Base MSRP excludes a $995 destination/handling charge, taxes, title, license, and retailer fees, all due at signing, and optional equipment. Total MSRP includes a $995 destination/handling charge and may include optional equipment but excludes taxes, title, license, and retailer fees, all due at signing. Retailer price, terms and vehicle availability may vary. Supplies are limited. See your local authorized Land Rover Retailer for details.
The fully refundable Reservation Deposit is One Thousand Dollars ($1,000) (the “Reservation Deposit”). The Reservation Deposit is due in full upon making your reservation and payable by credit/debit card. Land Rover utilizes the services of Swivel Group, LLC regarding payment services via the Internet. You expressly agree to Swivel Group handling the payment transaction, your card details and any other information necessary for such payment transaction for the Reservation Deposit to be executed by Swivel Group (including, without limitation, fraud prevention). The merchant’s name on your credit/debit card billing statement will read “Land Rover Reservation.” Swivel Group is certified by banks and card acquirers to securely manage payment transactions. All communication between the Land Rover USA Website and your bank is handled by Swivel Group and encrypted via SSL (Secure Sockets Layer).
You are responsible for verifying that the payment transaction has been successfully completed. The reservation will only be processed after the payment transaction of the Reservation Deposit is completed.
U.S. specification cars are not eligible for export to any other country. Order of selected vehicle must be placed by November 30, 2017 and titled and registered within the United States.
8. DATA PROTECTION AND PRIVACY
9. TERMINATION RIGHTS; NON-TRANSFERABILITY
Land Rover has the right to terminate these Terms & Conditions and/or your application hereunder, causing an immediate and automatic termination of your reservation, upon which time Land Rover promptly will refund your Reservation Deposit in full.
This Agreement is not transferable or assignable to another party without the prior written approval of Land Rover.
10. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by the laws of the State of New Jersey applicable to contracts made and performed entirely therein. Both parties consent to the exclusive jurisdiction and venue of the state and federal courts of New Jersey.