1. ACCEPTANCE OF TERMS AND CONDITIONS. By checking the box and clicking “Reserve” at fj.co/reserve (the “Company web-site”), you acknowledge and agree that a binding contract hereby has been entered into between you and Classic Motors, LLC (“Company”), a United States company with its principle place of business located at 90 NW 72 St #102 Miami, FL 33150. You acknowledge and confirm that you have read and hereby agree to be bound by these Terms & Conditions as set out below for one FJ Company Signature 1976-1983 Toyota FJ43 Land Cruiser (“Signature Vehicle”). By checking the box and clicking “Reserve” you also agree to pay the deposit fee as set out below.
2. DEPOSIT AND PURCHASE CONTRACT. Upon finalization of the order process at and payment of the deposit amount, you have made a so-called “Deposit”, whereby you receive the right to purchase one (1) Signature Vehicle. The deposit is a down payment for the full amount of the car, to be determined upon completion the order and build process with a sales representative. After having finalized the order process you will receive a confirmation evidencing your order and deposit. This confirmation thus evidences your right to purchase one (1) Signature Vehicle.
For avoidance of doubt, these Terms & Conditions and your acceptance hereof constitute the purchase contract for the right to purchase one (1) Signature Vehicle, as evidenced by the Order Confirmation. To finalize the process of purchasing a Signature Vehicle you must sign a separate Purchase and Sale Agreement with Classic Motors, LLC. YOU SPECIFICALLY ACKNOWLEDGE THAT YOU, BY AGREEING TO THESE TERMS AND CONDITIONS AND BY PAYING THE DEPOSIT FEE, HAVE NOT PURCHASED A SIGNATURE VEHICLE.
3. RESTRICTIONS. Company will not be liable for any damage or costs that result, directly or indirectly, from your failure to comply with the Terms and Conditions of this agreement.
4. DELIVERY. The Order Confirmation will be delivered to the e-mail address you stated on the Company web site in connection with the Deposit. An estimated delivery date for one (1) Signature Vehicle will be provided upon execution of a separate Purchase and Sale Agreement.
5. RIGHT OF WITHDRAWAL
5.1 Right of withdrawal. You have the right to withdraw from this agreement, i.e. the agreement constituted by your acceptance of these Terms & Conditions without cause.
5.2 Effects of withdrawal. If you withdraw your order, Company will refund the Deposit and all other payments received from you directly. Company will process your withdrawal without undue delay. In any event you will be refunded no later than thirty (30) days from the day on which Company is informed about your decision to withdraw from this agreement.
6. CUSTOMER SERVICE. Should you have any questions about the purchase of a Signature Vehicle, please contact Company online at info@fj.co or via telephone at (305) 676-8714.
7. DEPOSIT AMOUNT. The price indicated on the Company web site for a Signature Vehicle is a Manufacturers Suggested Retail Price (“MSRP”). Taxes, Title, Registration, and other fees are not included. The deposit amount, i.e. the right to purchase one (1) Signature Vehicle, as evidenced by the Order Confirmation, is Five Thousand Dollars ($5,000) (the “Deposit”). The Deposit is due in full prior to placing your order, and is payable by credit/debit card.
8. ONLINE PAYMENT PROCESSING. Company co-operates with Stripe, Inc. (“Stripe”) regarding online payment processing services. You expressly 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 banks and card acquirers to securely manage payment transactions. All communication between the Company web site and your bank is handled by Stripe and encrypted via SSL (Secure Sockets Layer). You are responsible for verifying that the payment transaction has been successfully completed. The order will only be processed after the payment transaction of the Deposit is completed.
9. DATA PROTECTION AND PRIVACY. Company is responsible for the personal data processed in connection with the Deposit transaction. All processing takes place in accordance with applicable legislation concerning processing of personal data. Unless accepted to be contacted by Company for any other reason, your personal data will only be processed in order for Company to fulfil its contractual obligations in relation to these Terms & Conditions.
10. TERMINATION RIGHTS. Company has the right to terminate this agreement, causing an immediate and automatic termination of the Order, at which time Company will refund Client’s deposit in full.
11. DISCLAIMER OF WARRANTIES. Company warrants that after you have accepted these Terms & Conditions and the payment obligation as well as paid the Deposit you have the right to purchase a Signature Vehicle. No further representations are made in relation to the Deposit.
12. LIMITATION OF LIABILITY. In no event shall Company, its affiliates, or its suppliers be liable for any loss or damage of any kind exceeding the amount of the Deposit that you have paid (except as may be set forth in applicable law).
13. APPLICABLE LAW AND VENUE. Unless otherwise required by mandatory law, these Terms & Conditions and the agreement constituted by your acceptance here of, are subject to the laws of the State of Florida. The exclusive venue, for all claims arising from or related to these Terms & Conditions, shall, unless otherwise required by mandatory law be submit to the exclusive jurisdiction of the State or Federal Courts of Florida.