These terms and conditions (the “Terms”) set out the basis on which you can make a reservation (the “Reservation”) for your chosen JCB machine through this website allowing you to place a future order for this product with a JCB authorized dealer (the “JCB Dealer”). This website is operated by JCB Sales Limited (company number 0792807) whose registered offices is at Lakeside Works, Rocester, Staffordshire ST14 5JP, England (“JCB”).
These Terms only apply to the Reservation. The order and purchase or lease of your chosen JCB machine will be subject to different terms and conditions between you and the JCB Dealer.
1. THE RESERVATION
1.1. By placing a Reservation you agree to be bound by these Terms and confirm that you are interested in placing an order for your chosen JCB machine.
1.2. The Reservation provides you with the right, but not the obligation to place an order for your chosen JCB machine. The Reservation is not legally binding and may be freely cancelled in accordance with Clause 4 (Right of Cancel the Reservation).
1.3. These Terms do not constitute an agreement for the sale, lease or rental of your chosen JCB machine and do not lock in pricing, a production slot, nor an estimated delivery date. The Reservation does not oblige you to purchase, lease or rent your chosen JCB machine and does not oblige JCB to manufacture this machine.
1.4. This Reservation process only applies in France and is only available to business users based in France.
2. RESERVATION PROCESS
2.1. You have placed a Reservation once the following process has been finalized:
2.1.1. You have accurately completed the reservation form through the JCB website;
2.1.2. You have accepted these Terms;
2.1.3. You have transferred the reservation fee in the amount of Euros 300 for each of your chosen JCB machines and using one of the payment methods available through the JCB website (the “Reservation Fee”); and
2.1.4. You have received a confirmation of your receipt of your Reservation Fee and of the Reservation by us.
2.2. Once you have placed a Reservation, JCB will transfer your contact details to the JCB Dealer who is authorized to distribute your chosen JCB machine in your country. You will be able to choose another JCB Dealer. The JCB Dealer will then contact you to discuss the potential acquisition of your chosen JCB machine from the JCB Dealer.
2.3. Any subsequent transaction for the acquisition of your chosen JCB machine will be between you and the JCB Dealer. Any order to acquire your chosen JCB machine will be governed by a separate and legally binding purchase or lease agreement between you and the JCB Dealer.
2.4. If you place a subsequent order to acquire your chosen JCB machine with the JCB Dealer, JCB will provide you with a full refund of your Reservation Fee.
3. RESERVATION FEE
3.1. You must pay the Reservation Fee according to the payment instructions provided on JCB’s website for the Reservation to be processed.
3.2. If you fail to pay the Reservation Fee in accordance with the payment instructions your Reservation will be cancelled automatically.
4. RIGHT TO CANCEL THE RESERVATION
4.1. You may cancel the Reservation at any time by sending a cancellation notice to firstname.lastname@example.org.
4.2. JCB will process your cancellation after receiving your cancellation notice and once this is completed you will receive a full refund of the Reservation Fee.
4.3. JCB may decline or cancel your Reservation at any time at JCB’s discretion. If your Reservation is declined or cancelled by JCB you will be notified and your Reservation Fee will be fully refunded.
4.4. A refund of the Reservation Fee shall be made to the same card and account from which you transferred the payment. No interest will be paid on the Reservation Fee.
5. LIMITATION OF LIABILITY
5.1. Under no circumstances will JCB or the JCB Dealer or any of our respective affiliates, be liable or responsible for any loss or damage of any kind arising out of or in connection to your Reservation (except as may be required by mandatory law), including (without limitation) any failure to perform, or delay in performance of your Reservation. Your sole and exclusive remedy related to your Reservation or these Terms shall be limited to a refund of the Reservation Fee paid to JCB.
7. GOVERNING LAW & JURISDICTION
7.1. These Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law and the Parties hereby submit to the exclusive jurisdiction of the courts of England and Wales in relation to disputes hereunder.