Lexus RZ Online Pre-Order Agreement
This Agreement sets out the terms and conditions that govern the online pre-order of the new Lexus RZ between You (“reservee” or “customer” only where the context admits) and Toyota (GB) PLC (trading as Lexus) (‘TGB’)(“we”)(“us”)(“our”), registered in England and Wales with company number 0916634 and its registered office address at Great Burgh, Burgh Heath, Epsom, Surrey KT18 5UX.
Please read these terms carefully before you submit your pre-order.
Pre-Ordering a RZ
1. To pre-order a RZ vehicle (or “vehicle(s)” where the context admits) you must have a My Lexus account. You can pre-order a RZ vehicle by clicking on the ‘Pre-order your RZ’ button and paying a Reservation Fee in accordance with these terms and conditions (a ‘pre-order’). By entering the My Lexus portal (‘My Lexus’), you agree to be subject to, and comply with, our Privacy Policy and Legal Notice which can be found on our website: www.lexus.co.uk. Online pre-ordering is open to UK residents aged 18 or over only.
2. Online pre-ordering of the RZ vehicle is open to the public through My Lexus from 21st April 2022, and is subject to availability.
3. Once you have placed your pre-order (reservation), you will be contacted by TGB who will secure a production slot for your reserved RZ vehicle. RZ vehicles are limited, and pre-orders are on a ‘first come first served’ basis. As soon as all RZ vehicles have been reserved, pre-orders will close and persons waiting to pre-order a vehicle may be invited to join a waiting list. If you are on the waiting list and a place becomes available you shall be notified via email (using the email address you have provided) and invited to pre-order a vehicle, based on your ranking on the waiting list. You will then have 4 business days to place a pre-order. If you do not place a pre-order, you will be placed back on the waiting list. Note: A place on the waiting list does not constitute a pre-order, an Order or an agreement by us to sell or supply a vehicle or accept you for any finance product or service whatsoever.
4. Your pre-order is not transferable or assignable. If TGB is unable to accept your pre-order for any reason, we will inform you of this and we will not be liable to you or anyone else in those circumstances.
5. By placing a pre-order online, you are stating your intention to purchase a RZ through your selected Authorised Lexus Centre. Making a pre-order and acceptance by us of your pre-order does not:
a. constitute an agreement by us to sell or supply a vehicle, or accept you for any finance product or service; or
b. give you any guarantee or commitment as to any vehicle build or delivery date.
Payment of the Pre-ordering/Reservation Fee
6. A fully refundable Reservation Fee of £500 (the ‘Reservation Fee’) is payable to pre-order a RZ. Your pre-order will be confirmed on receipt of cleared funds. If payment of the Reservation Fee is not made, your pre-order will automatically lapse.
7. We accept payment by various payment methods. Any card payment we take from you will be directed to a third-party secure payment portal Braintree, a PayPal service, which will process your payment and your Reservation Fee will be received and held by TGB. You confirm that you are authorised to use the payment method you provided in order to make the payment and you accept that we, and/or your card issuer, may carry out security checks to confirm that this is the case.
8. Upon receipt of your Reservation Fee, your pre-order will be confirmed via email and in My Lexus. The email will provide details will contain a unique reference number (‘Reference Number’). You must keep your Reference Number secure and must not share it with anyone else. TGB will contact you to progress the stages that may lead to your placement or an Order, and discuss your preferences for your chosen RZ. You will then need to finalise your Order with your selected Authorised Lexus Centre in accordance with paragraph 16.
Cancellation of your Pre-Order
9. In addition to your statutory right to cancel up to 14 calendar days after placing your pre-order, you can cancel your pre-order at any time by notifying us in writing or via email: online@lexus.co.uk. You must inform us of your decision to cancel by a clear statement in writing to that effect: although a standard cancellation form is available at Annex 1 to download, complete and return via email if you prefer, but you are not under any obligation to use this communication method. Once you have cancelled your pre-order vehicle, the pre-order vehicle will be released, and the pre-order vehicle will no longer be reserved for you. You will receive confirmation via email and in My Lexus of the cancellation.
10. We will return your Reservation Fee if you cancel your pre-order. The refund will be made to the same debit or credit card or PayPal account that you used to make payment and will be made within 14 days of the date that you notify us that you wish to cancel your pre-order. We accept no liability in the event that your Reservation Fee is refunded to your original card and that card has been cancelled, has expired or has otherwise changed.
Finalising your Order of a RZ
11. Payment of the Reservation Fee does not guarantee your pre-order vehicle. To do so, you must finalise your Order for your chosen vehicle at your selected Authorised Lexus Centre where you will be asked to sign an Order Form which contains separate terms and conditions governing your RZ purchase. You will need to finalise your Order with your selected Authorised Lexus Centre pursuant to paragraph 16 no later than 31st December 2022, otherwise the status of the vehicle will be still be regarded as pre-order vehicle and will be cancelled, and that vehicle will be released in accordance with paragraph 14 below.
12. The Reservation Fee will be returned to you in full if you cancel your pre-order (see paragraphs 14 and 15 below) and shall be subject to paragraph 10 above, or if you proceed with your Order with your selected Authorised Lexus Centre and it is accepted. The Reservation Fee cannot be used towards the total price of your Order for your chosen vehicle referred to in paragraphs 16 & 17.
13. We make no guarantee or commitment as to any vehicle build or handover/collection dates. Such dates will be provided to you at the earliest opportunity after you place your Order at your selected Authorised Lexus Centre and are estimates only, subject to our amendment at any time. If our supply of the vehicle to your selected Authorised Lexus Centre the subject of an Order by you is delayed by an event outside of our control, then we will contact you as soon as possible to let you know, and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.
Release of the Reserved Vehicle
14. Once you have placed your pre-order, TGB shall make reasonable attempts to contact you using the details you provide us. If you do not, within a reasonable time (as we deem fit in our absolute discretion) of us asking, provide us with the information that is necessary for us to progress your Order via your selected Authorised Lexus Centre pursuant to paragraph 16, in accordance with the timescales and instructions provided by us, TGB reserves the right to cancel your pre-order in accordance with paragraph 9. The pre-order vehicle will be released, and we will return your Reservation Fee to you in accordance with paragraph 10.
15. If you decide to cancel your pre-order vehicle in accordance with paragraph 9, the vehicle will be released, and we will return your Reservation Fee to you in accordance with paragraph 10.
Price and our vehicles
16. When you place your pre-order, you will be provided with information about the prices of your vehicle (which in or around May 2022 will be an indicative price, and in or around September 2022 it will be the applicable price meaning the On The Road Price (OTR) price)). If, through the course of pre-ordering your vehicle leading to the placement of an Order, you add certain optional features or paint colour to the grades of your chosen vehicle, then the price of such optional features will be added to the total price of the vehicle being the subject of the Order that is to be agreed between you and your selected Authorised Lexus Centre referred to below in paragraph 17. In the event you cancel an Order, we will return your Reservation Fee to you in accordance with the principles set out in paragraphs 9 and 10 once we have been made aware of the cancellation by your selected Authorised Lexus Retailer.
17. Further to paragraph 16, any prices shown on this website for the RZ are the OTR prices only, and the prices offered to you by an Authorised Lexus Centre may differ.
18. Although we have made every effort to display the sizes and colours of our vehicles, accessories and trim accurately, we cannot guarantee that your device will display the sizes or colours accurately to reflect the actual size or colour of the RZ vehicles grades available
19. We may change the specification of the grades of the RZ vehicle model to reflect changes in relevant laws and regulatory requirements and to implement minor technical adjustments and improvements, for example to address a safety defect.
Data protection
20. We will collect personal information from you for the provision of this Agreement. Such personal information will only be shared with third parties in connection with the provision of this contract, including but not limited to, your selected Authorised Lexus Centre and Braintree (a PayPal service). For further details on how we use personal information and your rights, please see our Privacy Policy at: https://www.lexus.co.uk/customer-data/privacy-policy/
Liability
21. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; or for fraud or fraudulent misrepresentation.
22. Subject to paragraph 21, we shall not be liable, whether in contract, tort, or otherwise, arising under or in connection with this Agreement for: loss of profits, loss of sales or business or business opportunity, loss of agreements or contracts, and any indirect or consequential loss.
Governing law and jurisdiction
23. This Agreement, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with or its subject matter or formation, shall be governed by, and construed in accordance with, the laws of England and Wales.
24. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.
25. We may transfer our rights and obligations under these terms to another organisation.
26. This Agreement is between you and TGB. No other person shall have any rights to enforce any of its terms. Neither party needs the permission or consent of any other person in order to terminate this Agreement or make any changes to these terms.
27. 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.
28. We reserve the right to amend these terms and conditions at any time. If we do this, we will publish the updated terms and conditions on our website.
29. These terms and conditions can be downloaded for your reference by clicking here.
Acceptance of these terms and conditions
30. By ticking the box [“I accept the terms and conditions]”, you accept these terms and conditions.