TERMS & CONDITIONS
These Terms and Conditions govern the online reservation and deposit program (the “Program”) as between participants in the Program (sometimes referred to herein as “you”) and Lotus Cars USA, Inc. (“Lotus). Subject to availability, the Program allows you to make a reservation and pay a deposit (collectively, the “Reservation”) for a new Lotus vehicle. Please note that these Terms only apply to the Reservation and the Program (as between you and Lotus) and do not apply to the purchase or lease of a new Lotus vehicle from the authorized Lotus Cars USA retailer/dealer you choose (“Retailer”).
The terms of your purchase or lease of a Lotus vehicle from a Retailer will be set out in a separate contract to be entered into between you and the Retailer at a later date. Please read these Terms carefully and make sure that you understand them. By selecting the box below confirming your acceptance of these Terms you agree to be bound by them. If you do not accept these Terms, you will not be able to make the Reservation for the Lotus vehicle. You should print a copy of these Terms or save them to your computer for future reference.
LOTUS DOES NOT MAKE ANY REPRESENTATION, WARRANTY OR COVENANT THAT YOU WILL BE ABLE TO TAKE DELIVERY OF YOUR LOTUS VEHICLE AT ANY PARTICULAR TIME OR FROM ANY PARTICULAR RETAILER. THE PROGRAM IS SUBJECT TO THE AVAILABILITY OF LOTUS VEHICLES AND SUCH AVAILABILITY MAY BE AFFECTED BY (WITHOUT LIMITATION) THE SUPPLY AND AVAILABILITY OF PARTS, COMPONENTS AND MATERIALS NECESSARY FOR LOTUS TO PRODUCE THE VEHICLES SUBJECT TO THE PROGRAM.
1. INFORMATION ABOUT US
We operate the website www.lotuscars.com (the “Program Website”). We are Lotus Cars USA, Inc., a Delaware limited liability company with our principal place of business at 47584 Galleon Drive, Plymouth, MI 48170 USA.
2. ELIGIBILITY AND START DATE
2.1 The opportunity to reserve a new Lotus vehicle online is only open to legal residents of the fifty (50) United States (including the District of Columbia) and Puerto Rico who are at least eighteen (18) years old at the time of participation. Employees, officers, directors, representatives, and agents of Lotus, and its parent companies, subsidiaries, affiliates, advertising and promotion agencies (collectively, “Program Entities”) and each of their immediate family members (e.g., spouse, parent, child, sibling, and their respective spouses and the “steps” of each, regardless of where they reside) and persons living in the same household of each, whether or not related, are not eligible to participate in the Program. Void where prohibited or restricted by law. The Program is not open to corporate customers or consumers outside of the United States.
2.2 Your rights attaching to the Reservation are personal to you and may not be transferred to anyone else. Participation in the Program constitutes your full and unconditional agreement to these Terms and Lotus’ decisions and interpretations, which are final and binding in all matters related to the Program. Continued participation in the Program will constitute acceptance of any updated Program terms and conditions.
2.3 You will be able to reserve a new Lotus vehicle online until we remove this option from our website or the earlier termination of the Program (the “Program Period”).You shall not and shall not attempt to violate the security of our site including, without limitation:
3. HOW TO MAKE AN ONLINE RESERVATION FOR A NEW LOTUS
3.1 You can make a Reservation by:
(a) completing the online process; and
(b) paying a refundable $1,000 deposit at the time of the Reservation (“Deposit”).
3.2 Our online process will guide you through the steps needed to make your Reservation. That process allows you to check and amend any errors before making the Reservation. Please take the time to read and check your Reservation at each page of the process. By providing your e-mail address, participant agrees to receive marketing emails from Lotus. You may opt out at any time.
3.3 After you make your Reservation, we will send you an email acknowledging that we have received your Reservation and confirming that it has been accepted (“Reservation Confirmation”). Each Reservation Confirmation will have its own, unique reservation number.
3.4 If you do not receive the Reservation Confirmation within 24 hours of completing the online process, please contact Lotus Cars USA, Inc. at +1 (734) 995-2544.
3.5 Upon successful completion and verification of the registration information and payment of the Deposit, you will receive a place in line to be able to pre-order your selected Lotus vehicle (as applicable, the “Covered Vehicle”). You may also receive future emails and invitations to exclusive events and other offers as part of the Program. Lotus reserves the right to add additional Covered Vehicles to the Program. Participation in the Program and payment of the Deposit merely provides you a “place in line” to be able to pre-order the applicable Covered Vehicle through a Retailer. Your place in line is based on a first come, first served basis. Your Deposit will go toward the purchase of the Covered Vehicle should you elect to purchase such Covered Vehicle. You shall be solely responsible for payment of any and all applicable federal, state, and local taxes for any Covered Vehicle that you purchase. All other costs and expenses not expressly set forth herein shall be solely your responsibility. There is a limit of one (1) Covered Vehicle per person.
The decisions of Lotus with respect to the Program, including without limitation, any Covered Vehicles, activities and transactions are final and binding and non-appealable in all respects.
4. THE DEPOSIT
4.1 Your Deposit is forwarded directly to the Retailer you select when you make your Reservation.
4.2 The Deposit is payable by credit card. We use STRIPE for internet payment services. You agree to STRIPE handling the payment transaction, your card details and any other information necessary for such payment transaction to be executed by STRIPE (including but not limited to fraud prevention). STRIPE is certified by certain banks and card acquirers to securely manage payment transactions. All communication between our website and your bank is handled by STRIPEand encrypted via Secure Sockets Layer (“SSL”). Notwithstanding the foregoing, Lotus takes no responsibility for third party payment processors or their products/services, including without limitation, STRIPE or its products or services, and shall not be liable for the acts or omissions of STRIPE or any other third-party payment processor.
4.3 You are responsible for verifying that the payment transaction has been successfully completed. The Reservation will only be processed after the payment transaction for the Deposit is completed.
4.4 The Deposit is refundable by your selected Retailer if you decide (before taking delivery) not to proceed with the purchase or lease of your new Lotus vehicle. Please contact your selected Retailer directly to request a refund.
5. COMPLETING THE PURCHASE OR LEASE OF YOUR NEW LOTUS
5.1 After submitting your Deposit you will receive an email with your order details. If you wish to discuss pricing or financing options, you can contact your selected Retailer.
5.2 When further pricing and options become available for your reserved Lotus vehicle you will be notified to build and submit your custom order.
5.3 We will let you know when your new Lotus vehicle is available for delivery (“Available Delivery Date”).
5.4 To complete the purchase or lease of your new Lotus vehicle, you will need to enter into a contract with the Retailer on or before delivery. The contract will record all the terms of the purchase or lease including final price, payment terms, delivery, and warranty between you and the Retailer.
5.5 If you do not take delivery of your new Lotus vehicle within 2 weeks of the Available Delivery Date:
(a) your Reservation will lapse; and
(b) the Deposit will be refunded to you by your selected Retailer.
6. CUSTOMER SERVICE
If you wish to contact us for any reason, you can do so by calling us at +1 (734) 995-2544.
7. OUR RIGHT TO CHANGE THESE TERMS
7.1 We may revise the Program and these Terms as they apply to the Reservation (and Program) from time to time to, among other things, reflect changes in relevant laws and regulatory requirements. Any changes will be reflected on the Program Website and in these Terms.
7.2 If we have to revise these Terms as they apply to your Reservation, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Reservation.
8. YOUR RIGHTS TO CANCEL YOUR RESERVATION AND RECEIVE A REFUND
8.1 You may cancel your Reservation at any time before you take delivery of your new Lotus vehicle. This means that if you decide for any reason before you take delivery of your new Lotus vehicle that you do not want to proceed with the Reservation, you can notify your Retailer of your decision to cancel the Reservation and receive a refund of your Deposit directly from your Retailer. Your Retailer will assist with refunds of your Deposit if you (i) choose to cancel your Reservation or (ii) you do not take delivery of your vehicle within two weeks of the Available Delivery Date.
8.2 If you cancel your Reservation, your Deposit will be refunded by your Retailer.
9. EVENTS OUTSIDE OUR CONTROL
9.1 By participating in this Program, participants agree that the Program Entities and each of their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers and each their respective officers, directors, stockholders, employees, representatives, designees and agents (“Released Parties”) are not responsible for: (i) lost, late, incomplete, stolen, misdirected, postage due or undeliverable e-mail notifications or postal mail; (ii) any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability; (iii) garbled, corrupt or jumbled transmissions, service provider/network accessibility, availability or traffic congestion; (iv) any technical, mechanical, printing or typographical or other error; (v) the incorrect or inaccurate capture of registration information or the failure to capture, or loss of, any such information; (vi) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the Program; (vii) any injury or damage, whether personal or property, to participants or to any person's computer related to or resulting from participating in the Program. Further, the Program Entities are not responsible for any undelivered e-mails, including without limitation, e-mails that are not received because of a participant’s privacy or spam filter settings that may divert any notification or other Program related e-mail to a spam or junk folder.
9.2 By participating in the Program, each participant agrees: (i) to be bound by these Terms; (ii) to waive any rights to claim ambiguity with respect to these Terms; (iii) to waive all of his/her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Program; and (iv) to forever and irrevocably agree to release and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable attorneys’ fees) that may arise in connection with: (a) the Program, including, but not limited to, any Program-related activity or element thereof, and the participant’s participation or inability to participate in the Program; (b) the violation of any third-party privacy, personal, publicity or proprietary rights; (c) acceptance, attendance at, receipt, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of an Covered Vehicle (or any component thereof); (d) any change in the available Covered Vehicles (or any components thereof); (e) human error; (f) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties; (or (g) the negligence or willful misconduct by participant.
9.3 If, for any reason, the Program is not capable of running as planned, or the integrity and or feasibility of the Program is severely undermined by any Event Outside Our Control (as defined below), which is deemed to include (but not be limited to) fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state or local government law, order, or regulation, order of any court or jurisdiction, infection by computer virus, unauthorized intervention, technical failures or other cause not reasonably within the control of Lotus, Lotus reserves the right, at its sole and absolute discretion, to abbreviate, cancel, terminate, modify or suspend the Program and/or proceed with the Program, in a manner it deems fair and reasonable, from among eligible participants who signed up prior to such cancellation, termination, modification or suspension without any further obligation. If Lotus, in its discretion, elects to alter this Program as a result of an Event Outside Our Control, a notice will be posted at the Program Website.
9.4 Without limiting the foregoing, everything regarding this Program, is provided “as is” without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement.
9.5 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an Event Outside Our Control. An “Event Outside Our Control” is any act or event beyond our reasonable control. If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
9.6 You may cancel the Reservation if it is affected by an Event Outside Our Control. To cancel please contact your Retailer and they will refund the Deposit.
10. HOW WE USE YOUR PERSONAL INFORMATION
10.1 We are responsible for the personal data we collect, process, or share in connection with the Reservation. All processing will take place in accordance with applicable laws concerning processing of personal data as well as our Reservations Privacy Notice, available at https://portal-web-pre-aws.ltil.lotuscars.com/en-US/reservation-privacy-policy (the “Reservations Privacy Notice”) and our Privacy Notice, available at https://portal-web-pre-aws.ltil.lotuscars.com/en-US/reservation-privacy-policy(together with the Reservations Privacy Notice, the “Privacy Notices”).
10.2 You acknowledge that your personal data is processed not only by us but also by our affiliates and by authorized Lotus Retailers. Your personal data will only be processed and shared as explained in our Privacy Notice. You also acknowledge that we and our affiliates, Retailers, and partners may conduct their processing of your personal data outside the US and in countries other than your country of residence, and for such reasons may transfer your personal data to the United Kingdom, China, and such other countries, including but not limited to transfers of your personal data into and out of the European Economic Area (EEA) and processing thereof within as well as outside of the EEA.
11. USE OF OUR SITE
Your use of our websites is also governed by all of the terms and conditions on the applicable website. Please take the time to read these, as they include important terms which apply to you.
12. COMMUNICATION
If we must contact you or give you notice in writing, we will do so by phone, email or by pre- paid post to the address you provide to us during the Reservation process.
13. OTHER IMPORTANT TERMS
13.1 We may transfer our rights and obligations to another organization, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting on this webpage if this happens.
13.2 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
13.3 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
13.4 You confirm that you are not a person on any sanctions list imposed by the UN, EU, United Kingdom or US or acting on behalf of a person designated on any such list, and that you will not sell, provide or transfer any Lotus product to any such sanctioned person, or to any person located in a country or territory which is, or whose government is, the subject of comprehensive sanctions, currently Cuba, Iran, North Korea, Syria, the Crimea region of Ukraine, the so-called Donetsk People’s Republic, or the so-called Luhansk People’s Republic. If at any time this turns out not to be true, your Reservation and all orders made and all agreements concluded or that have not yet been finally executed may be terminated with immediate effect, without any liability to compensate you whatsoever. Furthermore, according to law we may not be able to repay any payments that you may have made to us.
14. LAW
14.1 Unless otherwise required by mandatory law, these Terms and the agreement constituted by your acceptance here of, are subject to the laws of the State of Michigan. The exclusive venue, for all claims arising from or related to these Terms, shall, unless otherwise required by mandatory law be submit to the exclusive jurisdiction of the State or Federal Courts of Michigan.
14.2 IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT WILL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION BEFORE ONE ARBITRATOR ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“AAA RULES”). THE AAA RULES FOR SELECTION OF AN ARBITRATOR WILL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR WILL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN MICHIGAN. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN WAYNE COUNTY, MICHIGAN. THE REMEDY FOR ANY CLAIM WILL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT WILL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. MEMBERS AGREE THAT THE RIGHTS AND OBLIGATIONS OF ANY MEMBER AND/OR PROGRAM ENTITIES AND/OR ANY OTHER PARTY WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR FROM THE END OF THE PROGRAM PERIOD, OR THE CAUSE OF ACTION WILL BE FOREVER BARRED.
15. GENERAL
You hereby waive any right to claim ambiguity in these Terms. All federal, state and local laws and regulations apply. Federal, state and local taxes, if any, are the sole responsibility of participant. Duplicate or non-conforming requests will not be honored or returned. Lotus reserves the right, in its sole discretion to cancel, terminate, modify, the Program and proceed in a manner it deems fair and reasonable. Lotus reserves the right, to disqualify any individual found, in its sole opinion, to be tampering with the operation of the Program; to be acting in violation of these Terms; or to be acting with the intent to disrupt the normal operation of the Program. Any use of robotic, automatic, macro, programmed, third party or like methods to participate in the Program will void any attempted participation effected by such methods and the result in the individual utilizing the same to be ineligible to participate in the Program. All registrations and/or materials submitted become the property of Lotus and will not be returned. In the event of any conflict with any Program details contained in these Terms and Program details contained in program materials (including but not limited to point of sale, television, and online/email advertising, promotional packaging, and other promotion media), the details of the Program as set forth in these Terms shall prevail.
All trademarks, names, logos, marks and other intellectual property on the Program Website or in any other Program promotional materials or Lotus website are the property of their respective owners, which shall be Lotus in the case of Lotus’s trademarks, names, logos, marks and other intellectual property.