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Terms and Conditions.

General Terms and Conditions of Bayerische Motoren Werke Aktiengesellschaft for the Sale of Items from the MINI Yours Customised Shop

The sale of items from the MINI Yours Customised Shop (available at: yours-customised.mini) by Bayerische Motoren Werke Aktiengesellschaft, Petuelring 130, 80788 Munich, registered place of business and registry court: Munich HRB 42243 (hereinafter “MINI”) shall be governed by the following General Terms and Conditions (hereinafter "GTCs"), as amended at the time the contract is concluded. The GTCs can be viewed at, stored and printed from the web page, www.yours-customised.mini.

Security

All information provided to the MINI Yours Customised Shop - such as credit card information, bank account information, address and email address - is automatically encrypted using SSL protocol (Secure Sockets Layer Protocol). SSL is the industry standard for the transfer of confidential information over the Internet.

1. Products, Customer, Consumer, Business Enterprise

1.1 The range of products offered by MINI Yours Customised Shop could include products created and designed entirely by MINI (“Standard Products”) as well as products that are designed primarily by MINI, but may be adjusted or modified by customers at will by selecting the design, the materials, colors, style or lettering (“Customized Products”; both hereinafter referred to collectively as “Products”).

1.2 The customer can customise the Products by selecting a Product designed by MINI and individually adjusting it. This means that the customer can alter, modify and/or design the customisable components of the Products within the scope allowed by MINI.

1.3 The use of the term "customer" in these GTCs obviously refers to persons of all genders.

1.4 The use of the term “consumer” in these GTCs refers to natural persons who purchase a Product on the MINI Yours Customised Shop for purposes that cannot be attributed primarily to their trade or professional activities.

1.5 The use of the term “business enterprise” in these GTCs refers to a natural person or legal entity or partnership (with legal capacity) that engages in his/her/its trade or professional activity when purchasing a Product. The term “business enterprise”, within the meaning of these GTCs, also applies to legal entities entities governed by public law and a special public-sector fund.

2. Offer and Formation of Contract

2.1 The Product presentations on the MINI Yours Customised Shop are provided merely for the customer’s information and do not constitute a binding offer from MINI.

2.2 In order to purchase a product, the customer first selects the desired Product in the MINI Yours Customised Shop; as the case may be, the customer may customise the Product and clicks on the button "add to shopping cart". In the shopping cart, the customer must then enter his personal information (name, address, email address, information required under subsection 2.5). Thereafter, the customer will be afforded an opportunity to review all information one more time and make corrections if necessary; the customer is free to abstain from the purchase simply by no longer pursuing or by cancelling the purchase process. By clicking the “Make payment” button, the customer submits an offer to conclude a contract (order). The customer remains bound to this offer for a period of six weeks from the date on which MINI receives the order.

2.3 After submitting the order, the customer will receive via email an acknowledgment that the order was received (order acknowledgment). Nevertheless, this order acknowledgment and any subsequent status updates do not constitute MINI’s acceptance of the offer. The contract is formed when MINI sends the customer an order confirmation via email within six weeks following receipt of the order or when the ordered goods are delivered and the customer is informed thereof via email.

2.4 MINI reserves the right to review an order in advance and/or, at its own discretion , to accept a customer’s order or reject the order without having to provide any reasons and without incurring any liability to the customer. Examples of when MINI might not accept an order are

- when there is affirmative knowledge, or there are objective circumstances giving rise to the assumption, that the order was consummated by way of recourse to software, robots, webcrawlers, spiders or other automated means or devices,

- when Products are displayed in the MINI Yours Customised Shop but are no longer available,

- when a Product is subject to sale restrictions,

- when Products are displayed in the MINI Yours Customised Shop but have an obvious mistake such as an incorrect price or an otherwise incorrect description, or

- when one of the situations described in subsection 3.2 or 3.3 arises.

If MINI does not acknoweldge the order within six weeks pursuant to subsection 2.3, then it will be deemed to have been rejected.

2.5 The acceptance of the order by MINI is subject to the condition that, when making payment, the customer correctly enters the credit card number, expiration date, name of the cardholder, card verification number or CVC (three or four-digit number on the back of the card) as well as the credit card invoice address, consisting of the street, house number, postal code, city and country and the credit card verification is affirmative.

2.6 If the customer has opened a customer account, then the order is saved by MINI in the customer account. There, the customer can view, save and print the order. If the customer does not open a customer account, then the order is not saved by MINI and can no longer be retrieved, viewed or saved by the customer after the contract is concluded. Nevertheless, the order data and the GTCs (including the information about the consumer’s right of withdrawal) will be linked again in the order acknowledgment and can be printed out from there in a file format.

2.7 The customer can correct input errors by clicking the either the “back” button or choosing the step in the step.by-step navigation before clicking the “make payment” button.

2.8 MINI reserves the right to engage in Product changes in advance of any order placed by the customer.

3. Special Features of Customised Products

3.1 The customer may customise Products in the MINI Yours Customised Shop. The customers may obtain more information about this option in the MINI Yours Customised Shop.

3.2 In connection with the customisation of Products, MINI reserves the right either to remove inappropriate speech, characters, words, clauses and phrases, names or sayings (or combinations thereof), used brand names, as well as graphics and designs or other content that it deems, in its discretion, impermissible content, or to reject the orders related thereto.

3.3 The customer is prohibited from using, uploading, sending in, copying or otherwise disclosing inappropriate or impermissible content, including language, characters, words, phrases or clauses that:

- consist of the name of a product, a service or a company, the use of which would infringe trademark rights, copyrights or other third-party rights;

- consist of the name or nickname of a famous person (living or dead) or include such name, the use of which would infringe trademark rights, privacy and self-determination rights or other third-party rights;

- constitute or could constitute another infringement of trademark rights, copyrights or other third-party rights; or

- contain threats, instigate violence and/or are defamatory, obscene, discriminatory, inflammatory, sexually explicit and/or otherwise inappropriate.

3.4 MINI also reserves the right to cancel Customised Product contracts that are inconsistent with the aforementioned criteria.

In such cases, MINI is entitled to demand from the customer compensation that is equal to the value of the relevant Customized Products that MINI had already manufactured (“Fixed Sum Compensation”). The customer is afforded the right, however, to prove that the damages or a reduction in value did not even occur or were significantly lower than the Fixed Sum Compensation. MINI retains the right to assert more extensive damages.

3.5 The customer shall ensure that all language, characters, words, phrases and clause, names and sayings as well as brandnames, graphics and designs that are used, uploaded, sent in, copied or otherwise disclosed by the customer, do not fall within one of the categories specified in subsection 3.2 or subsection 3.3.

3.6 The customer shall indemnify MINI and the companies, which are affiliated with MINI within the meaning of § 15 of the German Stock Corporation Act, with respect to any liability as well as any damages and costs that are incurred due to a breach of subsection 3.2 or subsection 3.3;

3.7 The customer grants MINI and the companies, which are affiliated with MINI within the meaning of § 15 of the German Stock Corporation Act, a non-exclusive, irrevocable, gratuitous, global and sublicensable right to use, reproduce and modify the language, characters, words, phrases and clauses, names and sayings as well as brand names, graphics and designs, which were sent in by the customer, for purposes of fulfilling the order.

3.8 The customer is responsible for installing Customised Products into his MINI vehicle or having them installed at his costs.

4. Prices and Terms of Payment

4.1 All pricing information is shown in euro (EUR), including any shipping costs, costs for packaging and transport insurance as well as value added tax (VAT) for deliveries inside of the European Union.

4.2 Notwithstanding the above, iIf the customer orders Products from the MINI Yours Customised Shop for delivery outside of the European Union, then the order could be subject to import fees, import duties and/or import taxes including import VAT or equivalent, which must be borne by the customer. MINI has no influence on these fees or duties. In the event an order is placed in the MINI Yours Customised Shop, the customer will be viewed as an importer within the meaning of customs law and must therefore comply with all laws and regulations of the country in which the customer receives the Products.

4.3 Incoterm “Delivered At Place (DAP) delivery address” is applicable as described in 4.1 and 4.2.

4.4 The customer may set off against claims of MINI only if the customer’s counterclaim is undisputed or a legally enforceable title exists. Exceptions hereto are counterclaims held by the customer under one and the same contractual relationship. The customer may not assert a right of retention (Zurückbehaltungsrecht), unless it is based on claims arising from the same contractual relationship.

4.5 Payments shall be made exclusively by credit card. The purchase price shall be reserved on the specified credit card account at the time of the order (authorization). The account will in fact be charged at the time MINI ships the goods to the customer.

5. Invoicing

MINI reserves the right to issue electronic invoices or make them available, provided that the customer consents to this approach.

6. Right of Withdrawal for Consumers and 30-Day Right of Return

6.1 Consumers are entitled to a right of withdrawal as stated below:

Instructions on Withdrawal

Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires,

- physical possession of the goods, in the case of a sales contract, or
- physical possession of the last good, in the case of a contract relating to multiple goods ordered by the consumer in one order and delivered separately, or
- physical possession of the last lot or piece, in the case of a contract relating to delivery of a good consisting of multiple lots or pieces.

To exercise the right of withdrawal, you must inform us, (Bayerische Motoren Werke Aktiengesellschaft, Petuelring 130, 80788 München +49 89 125 016 141, yours-customised@mini.com), of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.

You can also electronically fill in and submit the model withdrawal form or any other unequivocal statement on our website www.yours-customised.mini. If you use this option, we will communicate to you an acknowledgement of receipt of such a withdrawal (e.g. by e-mail) without delay.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract.

We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

We may withold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us without undue delay and in any event no later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
We will bear the cost of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.



6.2 In addition to the right of withdrawal described above, the customer will be granted – if he is a consumer - a right to voluntarily return the Product within thirty (30) days from receipt of the Product, provided that such right has not been waived as part of the description of the specific Product in the MINI Yours Customised Shop, the Product is complete and the Product is in the same condition it was in when it was received. If the customer returns Products in accordance with such right of return, then MINI shall refund the purchase price, but not the shipping costs. Furthermore, the customer bears the transport risks as well as the return shipment costs. To exercise the right to return the Products, the customer must inform MINI of his decision to exercise his right to return the Products by making an unequivocal declaration (e.g. a letter sent by post, fax or email) using the following contact information

Bayerische Motoren Werke Aktiengesellschaft
Petuelring 130
80788 München
Germany

yours-customised@mini.com / +49 89 125 016 141
and must return the Products to

BMW AG, Order Service,
Eichenstraße 11,
85445, Schwaig,
Germany

It is crucial that MINI receives the declaration within 30 days, and the Products within 60 days, from the date on which the customer received the Products.

This right of return does not restrict the statutory rights of the customer, and specifically not the right of withdrawal as prescribed in subsection 6.1 above.


7. Delivery and Shipment

The delivery times for the Customised Products can be up to six weeks from the order confirmation date, whereas for standard Products, it can be three weeks from that date.

8. Retention of Title

MINI retains title to the goods until the purchase price has been paid in full.

9. Defects

The statutory rights and claims apply in the event there are defects.

10. Liability

10.1 In cases involving intentional acts or omissions and gross negligence , the statutory provisions will apply.

10.2 In the event of simple negligence, MINI will be liable only if material contractual duties are breached (so-called “cardinal duties”); in other words, those duties that the contract seeks to impose on MINI based on its content and purpose and the very performance of which renders the implementation of the contract even possible and the compliance with which is a fact upon which the customer relies and should be allowed to rely.

This liability is limited to the typical damages that are foreseeable at the time the contract was concluded.

10.3 The personal liability of the statutory representatives, vicarious agents and business employees of MINI for damages caused by their simple negligence is likewise limited to the scale and scope of that described in subsection 10.2.

10.4 MINI’s liability based on a fraudulent concealment of a defect, on the assumption of an express warranty about qualities or a procurement risk, and on the Product Liability Act remains unaffected by the foregoing. Furthermore, the limitations of liability in subsections 10.2 and 10.3 do not apply to death, bodily injury or impairment to health.

11. Choice of Law

The order, the contract and all legal disputes, which arise from the order, the contract and the performance of the contract, are governed by German law to the exclusion of the UN Sales Convention (CISG). If, however, the mandatory provisions of the law applicable at a consumer’s habitual place of residence are more favorable for the consumer, then those provisions shall take precedence over German law.

12. Contractual Language

Depending on the customer’s language selection prior to placing the order, the contract shall be formed in either German, English, Spanish, French or Italian.

13. Venue / Dispute Resolution

13.1 If the customer is a merchant, a legal entity governed by public law or a special fund under public law as defined by German law, then venue for all current and future claims arising from the business connection shall lie with the competent courts of Munich.

13.2 Pursuant to Directive 2013/11/EU, the EU Commission has established an internet platform for the online resolution of disputes between business enterprises and consumers. This website can be found at: http://ec.europa.eu/consumers/odr.

13.3 MINI will not participate in any dispute resolution proceedings before the German Consumer Arbitration Office within the meaning of the German Consumer Dispute Resolution Act (VSBG) and is also not obligated to do so.

Annex: Model Withdrawal Form

Model Withdrawal Form

(If you wish to withdraw from the contract, please fill out this form and return it)

- To: Bayerische Motoren Werke Aktiengesellschaft, Petuelring 130, 80788 München, Germany, yours-customised@mini.com / +49 89 125 016 141

- I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),

- Ordered on (*)/received on (*)

- Name of consumer(s)

- Address of consumer(s)

- Signature of consumer(s) (only if this form is notified on paper)

- Date

(*) delete as appropriate