the 2021 himalayan
Pre-Sale Reservation Terms and Conditions
Last Modified: August 24, 2020
These Reservation Terms and Conditions (these “Terms”) govern the on-line reservation process for the Royal Enfield Himalayan 2021 motorcycle (the “Himalayan 2021”) through the Royal Enfield Himalayan 2021 Pre-Sale website, located at https://www.royalenfieldna.com/ (which we refer to in these Terms as the “site,” which also includes all associated content, functionality, and services offered on or through the site).
These Terms are between you, the party making the reservation, and Royal Enfield North America Limited, who we refer to, together with our affiliates, as “Royal Enfield,” “us,” “we,” or “our.”
2. ACCEPTANCE OF TERMS
YOU SHOULD CAREFULLY READ THESE TERMS. They contain obligations you are expected to comply with, and affect your legal rights. By using the site and making a reservation, you are creating a binding contract between you and us, and you acknowledge that you have read, understood, and agreed to be bound by these Terms. If you do not agree to these Terms or to any other policy posted on the site, you should not make a reservation.
3. APPLICABILITY OF AND UPDATES TO TERMS
These Terms apply only to your reservation of a Himalayan 2021 through the site, and do not apply to your final purchase of the Himalayan 2021 (or any other motorcycles or products) from the dealer you choose (“Dealer”). The terms on which you purchase a Himalayan 2021 (or any other products) will be set forth in separate terms and conditions, which will be entered into between you and the Dealer when you make your purchase.
We may make changes to these Terms at any time. We will post any changes we make to these Terms on this page, and any changes will be effective once the new Terms are posted. It is your responsibility to check these Terms for updates. You can determine when these Terms were last updated by referring to the “Last Modified” legend at the top. You understand and agree that your continued access to or use of the site after any posted update to these Terms indicates your acceptance of the changes, even if you did not take the time to read them.
4. RESERVING A HIMALAYAN 2021
The site offers our customers the opportunity to participate in our limited-time, limited quantity, pre-sale of the Himalayan 2021. This pre-sale is open to retail customers starting September 1, 2020, and will remain open only as long as supplies last, but no later than September 30, 2020.
To participate in this pre-sale and reserve a Himalayan 2021 in our pre-sale, the following steps must be completed, subject to these Terms:
• First, you must use the “Pre-Order Now” feature of the site and provide us with the requested information, including the desired color for your Himalayan 2021;
• After we receive your request, we will provide you with a unique Buyer Code, and will share your request information and Buyer Code with your selected Dealer;
• You will then need to take your Buyer Code to your selected Dealer within 7 days of the date you receive it (or, if you submit your reservation within 7 days of the pre-sale end date of September 30, 2020, you will need to take your Buyer Code to your Dealer by September 30, 2020);
• At the Dealer, you will negotiate the terms of purchase of your Himalayan 2021, including the purchase price and any financing terms;
• Once you complete the negotiation, you will need to pay the Dealer a non-refundable, non-transferrable deposit of $500 (the “Deposit”); and
• Finally, the Dealer will complete the pre-sale by submitting your order information to us along with your Buyer Code.
Please note that your reservation will not be complete, and you have no guarantee of receiving a Himalayan 2021 in the color of your choice, until all of the above steps are complete. Until that time, you are under no obligation to purchase a Himalayan 2021 from your Dealer, and your Dealer is under no obligation to supply you with a Himalayan 2021.
These Terms do not constitute an agreement for the sale of a Himalayan 2021, and do not lock in pricing, a firm production slot, a firm delivery date, or a specific Himalayan 2021 color. To complete your purchase, you will need to execute a purchase agreement with the Dealer, which will include additional terms and conditions.
We may decline pre-sale reservations to avoid over-subscription or as we deem appropriate in our sole discretion. If your pre-sale reservation is declined, you will be notified, and you will not be issued a Buyer Code.
5. LIMITED QUANTITIES AVAILABLE FOR PRE-SALE
The site makes available a limited quantity of Himalayan 2021 units to customers as a part of our pre-sale.
Units are only available for this priority pre-sale while supplies last, on a first come, first served basis. Units will not be finally reserved until a Dealer submits the final order to us. Neither submitting a request for a pre-order reservation through the site nor your receipt of a Buyer Code will guarantee that you are able to pre-order a Himalayan 2021 in the color of your choice as a part of the pre-sale, or that your chosen Himalayan 2021 will still be available when your order is submitted by the Dealer. To increase your chances of receiving the Himalayan 2021 in the desired color, we encourage you to visit your Dealer and finalize your pre-order as soon as possible after receiving a Buyer Code.
6. RESERVATION ELIGIBILITY
You must be at least 18 years of age and a resident of the United States to make a reservation to purchase a Himalayan 2021. By agreeing to these Terms, you represent, warrant, and agree that: (a) you are an individual, and are at least 18 years old, (b) you are using your actual identity, (c) you are a resident of the United States, (d) you have provided only true, accurate, current and complete information to us, and (e) you will maintain and promptly update the information that you provide to keep it true, accurate, current, and complete.
The Himalayan 2021 is being made available in this pre-sale solely to end customers for their personal consumer use. By making a reservation, you also represent and warrant that you are not purchasing with a view toward resale, or otherwise in bad faith or for anti-competitive purposes.
If we determine, in our sole discretion, that you are ineligible to reserve a Himalayan 2021, or we are unable to verify your eligibility, we may cancel your reservation and revoke your Buyer Code at any time.
7. BUYER CODE
The Buyer Code that is provided to you once we accept your pre-sale reservation is unique to you, and is to be used only by you in finalizing your order for a Himalayan 2021 with your chosen Dealer. Your Buyer Code will only be honored by the Dealer you select through the site in the reservation process.
You agree not to disclose or share your Buyer Code with any third party other than your chosen Dealer. You also agree that you will be solely responsible for the maintenance and security of your Buyer Code, and that you will be solely responsible for any Deposit paid and/or purchase made using your Buyer Code. If you become aware of any loss, theft, or unauthorized use of your Buyer Code, please notify us immediately by contacting us at firstname.lastname@example.org.
Your Buyer Code is not a final reservation or pre-order for a Himalayan 2021 in your chosen color. To complete your pre-order, you must complete the steps described above in these Terms.
You will be charged a $500 Deposit by your chosen Dealer when you finalize your order. Once you have paid a Deposit, you have committed to purchase a Himalayan 2021 on the final sale terms agreed between you and the Dealer. Your Deposit is non-refundable and non-transferrable, subject to these Terms.
9. CANCELLATION; HARDSHIP REFUNDS
If you submit a pre-sale reservation through the site and receive a Buyer Code, you are not obligated to complete a purchase of your selected Himalayan 2021 and can abandon the process at any time. However, as noted above your Buyer Code does not reserve a Himalayan 2021, so we cannot guarantee that a unit will be available in your chosen color during the pre-sale period if you change your mind later.
If you change your mind after paying a Deposit, you can cancel your order subject to the purchase agreement terms agreed between you and the Dealer. However, your Deposit will not be refunded except in the following limited circumstances:
• Your death or serious health issues;
• Your overseas deployment during active military service; or
• Your involuntary unemployment.
We may request documentation demonstrating that a valid hardship exception applies.
10. DELIVERY DATES
Vehicles pre-ordered as a part of the Himalayan 2021 pre-sale will be shipped to Dealers starting October 1, 2020, and we expect to complete shipment by October 30, 2020. If you complete a pre-order for a Himalayan 2021, your Dealer will be responsible for notifying you when your chosen unit is available for pick-up or delivery (as agreed in your purchase terms). When you pick up or take delivery of your chosen Himalayan 2021, you and the Dealer will complete the retail transaction, including warranty registration.
12. EVENTS OUTSIDE OUR CONTROL
Neither you or we will be liable for any failure or delay in performing an obligation under these Terms that is due to an event beyond our reasonable control, including, but not limited to, any Act of God, pandemic, epidemic, disease, government-mandated shut-down, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, material changes in applicable law or regulations, uprising, unavailability of materials, strike, earthquake, flood or any other natural or man-made eventuality outside of our control.
If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of these Terms shall continue in full force and effect and the unenforceable provision shall be deemed to be modified solely to the extent necessary to make it enforceable.
14. NO WAIVERS
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Royal Enfield.
YOU ACKNOWLEDGE, AGREE AND UNDERSTAND THAT:
WE ATTEMPT TO DISPLAY ALL CONTENT YOU VIEW ON THE SITE AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH CONTENT, AND ARE NOT RESPONSIBLE FOR ANY CLAIMS ARISING OR RESULTING FROM YOUR RELIANCE THEREON.
IN THE EVENT OF AN ERROR ON THE SITE, IN A PRE-SALE RESERVATION CONFIRMATION, IN PROCESSING A RESERVATION, OR OTHERWISE, WE RESERVE THE RIGHT TO CORRECT THE ERROR AND REVISE YOUR RESERVATION ACCORDINGLY, OR TO CANCEL YOUR RESERVATION. THE SITE MAY CONTAIN INFORMATION ABOUT PRODUCTS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT ON THE SITE DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION.
EXCEPT FOR ANY WRITTEN WARRANTY INCLUDED WITH THE PRODUCTS WE SELL, THE SITE AND ALL CONTENT, INFORMATION, MATERIALS, PRODUCTS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “WHERE AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
CERTAIN OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW A PARTICULAR LIMITATION OR EXCLUSION.
16. LIMITATION OF LIABILITY
IN NO EVENT WILL ROYAL ENFIELD BE LIABILE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OR INJURY CAUSED BY YOUR USE OF THE SITE OR ITS CONTENT, INCLUDING ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. IN ADDITION, WE WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY, OR LOSS OF USE) THAT RESULT FROM THE USE OF, THE INABILITY TO USE, OR RELIANCE UPON, THE SITE AND ITS CONTENT OR ANY RESERVATION PLACED THROUGH THE SITE, EVEN IF THERE IS NEGLIGENCE BY US OR OUR AUTHORIZED REPRESENTATIVE, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW A PARTICULAR LIMITATION OR EXCLUSION OF LIABILITY FOR SUCH DAMAGES.
IN NO EVENT SHALL ROYAL ENFIELD’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR ANY PRE-SALE RESERVATION, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF ANY AMOUNTS PAID DIRECTLY TO ROYAL ENFIELD BY YOU PURSUANT TO THESE TERMS.
17. GOVERNING LAW, CHOICE OF FORUM, JURY AND CLASS ACTION WAIVER
Please read the following section carefully, because it limits the manner in which you can seek relief from us.
The laws of the State of Wisconsin (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to these Terms, including their validity, interpretation, construction, performance, and enforcement. All legal proceedings arising out of or in connection with your reservation and/or these Terms shall be brought solely in Milwaukee, WI.
YOU AND WE HEREBY WAIVE TO THE FULLEST EXTENT PERMITTED BY LAW ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, OR RELATED PROCEEDING BROUGHT TO ENFORCE, DEFEND, OR INTERPRET ANY RIGHTS OR REMEDIES ARISING UNDER, RELATING TO, OR IN CONNECTION WITH YOUR PRE-SALE RESERVATION AND/OR THESE TERMS.
FURTHER, YOU AGREE THAT YOU MAY ONLY RESOLVE DISPUTES IN YOUR INDIVIDUAL CAPACITY, AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR AS CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ACTIONS ARE NOT ALLOWED.
18. INJUNCTIVE RELIEF
In the event you breach or threaten breach of these Terms, you acknowledge and agree that we will be greatly and irreparably damaged and the damage will be difficult to quantify. Therefore, we may apply to any court of competent jurisdiction accepting jurisdiction under this specific provision, which court, regardless of the Governing Law provision above, will apply the laws of its own jurisdiction in determining whether we will be granted injunctive or other equitable relief to stop your breach or your threat of breach, without impairing, invalidating, negating, or voiding our rights to relief in either law or equity.
19. ENTIRE AGREEMENT