These terms ('Terms') apply to you when you pay a deposit online at skoda.ie ('Site') to access the ŠKODA ENYAQ Priority Ordering Window.
These Terms tell you who we are, the details of the Priority Ordering Window, that you will gain access to when you pay a deposit, how to cancel your access to the Priority Ordering Window and ask for a refund of your deposit and other important information. In particular, please read the terms relating to the limitations of our liability to you. We recommend that you print or save a copy of these Terms for future reference.
By placing an order to access the Priority Ordering Window, you confirm that you accept and will comply with these Terms.
1.1 This Priority Ordering Window scheme is operated by ŠKODA Ireland, a trading division of Volkswagen Group Ireland Limited ('we', 'our' or 'us', as applicable).
2.1 The Priority Ordering Window is a time period provided to prospective customers in order to negotiate and place an order for an ENYAQ with a selected ŠKODA Dealer.
By paying a deposit and concluding a contract for access to the Priority Ordering Window, subject to these terms and conditions you will benefit from access to a priority booking window for the ENYAQ iV. This Priority Ordering Window will allow you to place an order for an ENYAQ iV, for a period before vehicle ordering officially opens to the general public.
2.2 IMPORTANT: Please note that access to the Priority Ordering Window is not an order to purchase the production vehicle.
2.3 IMPORTANT: Paying a deposit and securing access to the Priority Ordering Window in accordance with these Terms does not constitute a contractual sale of or an actual order for the ENYAQ iV and does not guarantee priority in production slots or delivery dates (as production slots and delivery dates will depend on multiple factors, including the customer's selection of options and battery capacity).
2.4 IMPORTANT: Please see section 8 below for more information on the ordering process for the production vehicle.
2.5 Customers who pay a deposit and secure access to the Priority Ordering Window under these Terms ('Customers') will be kept up-to-date with the latest ŠKODA ENYAQ iV news information to the Priority Ordering Window opening. They will be informed of recommended pricing and specification information for the production vehicle prior to the Priority Ordering Window opening.
2.6 Customers will be kept informed of the dates of the Priority Ordering Window. If you pay a deposit and are granted access to the Priority Ordering Window under these Terms, then it is your responsibility to place an order for the final production vehicle during the period of the Priority Ordering Window. Only Customers who place orders during this window will have priority on ordering before the general public.
3.1 Only consumers aged 18+ are eligible to pay a deposit and access the Priority Ordering Window under these Terms.
3.2 Only one Priority Ordering Window access is available per person and payment card
3.3. The name submitted for the Priority Ordering Window access must match the final vehicle order name signed with a ŠKODA Dealer, should a customer decide to proceed with the purchase.
4.1 IMPORTANT: Until such time as we notify you otherwise, the information, technical specification and imagery used on skoda.ie and in communications may not reflect the final production vehicle.
4.2 Customers reserving access to the Priority Ordering Window and paying a deposit will be provided with production vehicle name, images, recommended 'On The Road' pricing, equipment and technical specification prior to the opening of the Priority Ordering Window.
4.3 It is the final production model that customers will be able to buy through a signed purchase agreement (see section 8 below).
4.4 This Priority Ordering Window is for the ENYAQ iV only. Other ENYAQ derivatives are not subject to this ordering window. At the discretion of ŠKODA Ireland, other ENYAQ derivatives may be offered as an alternative.
5.1 A deposit payment of €1,000 is required for access to the Priority Ordering Window. If you go on to order the final production vehicle during the Priority Ordering Window, this deposit payment will be refunded directly to you. If you do not go on to purchase the final production vehicle then the deposit payment will be refunded to you in accordance with section 7 below. You can also request a refund of your deposit payment at any time before entering into a binding purchase agreement for the ENYAQ iV (see section 7 below).
5.2 A deposit can be paid online at skoda.ie. A deposit becomes valid when funds have cleared and we are not responsible for any delays caused by third parties in relation to the clearing of such funds.
6.1 You can reserve access to the Priority Ordering Window and pay your deposit by clicking here. <link to be inserted once tool is live>
6.2 Your reservation is an offer to secure access to the Priority Ordering Window from us. By placing your reservation, the following steps have to be taken before a contract to grant you access to the Priority Ordering Window is made between you and us:
(a) Reserving. You will need to complete the ID Pre-Booking form, including payment details and marketing preferences.
(b) Reviewing your reservation. Before clicking the ‘Pay Now’ button please review all information is correct and if necessary, correct any errors in your reservation information. Please take the time to read and check your reservation at each step of the process.
(d) Acknowledgement of your reservation. Once you have submitted your reservation details, you will see an on- screen acknowledgement that your reservation for access to the Priority Ordering Window has been placed. However, please note that this does not mean that your reservation has been accepted. Our acceptance of your order will take place as described in paragraph (e) below.
(e) Our acceptance of your reservation. We will confirm our acceptance of your reservation to you by sending you an email that confirms that you have reserved access to the Priority Ordering Window ('Reservation Confirmation'), unless we notify you that we do not accept your reservation. The contract between us giving you access to the Priority Ordering Window will only be formed when we send you the Order Confirmation and we have received the deposit payment in cleared funds.
6.3 If we are unable to supply you with access to the Priority Ordering Window, for example because the funds for your deposit do not clear, the Priority Ordering Window is no longer available or this scheme has been cancelled or because of an error in the deposit price on our Site, we will inform you of this by email or telephone and we will not process your reservation. If you have already paid your deposit, we will refund you the full amount as soon as possible, by the same method in which the payment was originally made.
7.1 You can cancel your access to the Priority Ordering Window and request a refund of your online deposit at any time prior to any subsequent binding order for the purchase of a production vehicle.
7.3 Refunds will take up to 14 working days to be processed by our processing partner. A confirmation email will be sent to you to confirm the refund. Refunds will be made by the payment method and to the card or other instrument which you used to pay the deposit.
7.4 A refunded deposit ends any rights to access to the Priority Ordering Window.
7.5 After the Priority Ordering Window has closed, we will refund the deposits paid online in accordance with these Terms by customers who paid a deposit but did not place a binding order for an the production vehicle during the Priority Ordering Window. Refunds will be made within 90 days of the date on which the Priority Ordering Window ends and will be made by the payment method and to the card or other instrument which you used to pay the deposit.
7.6 Reservation confirmation is personal to the addressee and accordingly, the deposit and/or reservation confirmation is non-transferable.
8.1 Customers will be contacted with the dates when the Priority Ordering Window will be open. If you have secured access to the Priority Ordering Window and paid a deposit under these Terms, then you will be able to place an order with your selected ŠKODA Dealer for the production vehicle from the opening of the Priority Ordering Window. Confirmation of your order for the production vehicle will be when the final purchase agreement is signed by the ŠKODA Dealer and you.
8.2 The agreement for the purchase of the ENYAQ iV is not concluded on the Site, as you will need to contact your selected ŠKODA Dealer to enter
into the relevant agreement(s) to purchase the vehicle. Your ŠKODA Dealer will provide to you and discuss with you the terms of the contract for the purchase of the vehicle and, if you decide to proceed with the purchase, the contract will be entered into with the ŠKODA Dealer (and not with ŠKODA Ireland).
8.3 The first customer deliveries of the production model are currently expected to begin in June 2021 (subject to change). Time of delivery may be decided by different factors, such as, geographical area of delivery, requested car equipment and its corresponding time of production. Therefore, the time of delivery may not correspond to the time of your deposit – customers will be advised of likely lead times by the applicable ŠKODA Dealer on placing their order for the production vehicle. After placing an order customers will be updated on the progress of their vehicle by their ŠKODA Dealer.
8.4 Customers who have paid a deposit and secured access to the Priority Ordering Window will be kept informed as more information becomes available.
8.5 For vehicle order and delivery, we reserve the right to assign you to an alternative ŠKODA Dealer which may differ from your preferred ŠKODA Dealer.
9.1 We may close the Priority Ordering Window access / deposit scheme to new applicants at any time.
9.2 We may terminate the Priority Ordering Window access / deposit scheme at any time, including without limitation if the vehicle does not go into production as scheduled for any reason. In such circumstances, we will refund all deposits paid by the payment method and to the card or other instrument which was used to pay the deposit.
10.1 We may change these Terms at any time by providing notice on the Site and by email to customers who have paid a deposit. You are advised to check regularly for any such notices. If you do not agree with such changes, you may cancel your access to the Priority Ordering Window at any time and receive a refund of your deposit in accordance with section 7 above.
11.1 The following sections 11.1(a) to 11.1(c) only apply if you are a consumer:
(a) We are responsible for foreseeable loss or damage caused by us. If we fail to comply with our obligations to you under this section 11.1 connection with the Priority Ordering Window, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
(b) We are not liable for business losses. You agree not to use the Priority Ordering Window or features on the Site, for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
(c) We do not exclude or limit in any way our liability to you where it would be unlawful to do so (including but not limited to our liability to you for fraud, fraudulent misrepresentation, death or personal injury caused by our negligence).
11.2 The following sections 11.2(a) to 11.2( ) only apply if you are using the Priority Ordering Window for any commercial, business or re-sale purposes.
(a) the Priority Ordering Window cannot be purchased by you for re-sale purposes. We only supply the Priority Ordering Window for internal use by
your business, and you agree not to use the Priority Ordering Window for any re-sale purposes.
(b) We do not exclude or limit in any way our liability to you where it would be unlawful to do so (including but not limited to our liability to you for fraud, fraudulent misrepresentation, death or personal injury caused by our negligence).
(c) When we are not liable to you. Subject to section 11.2(b), we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with any Contract for:
• any loss of profits, sales, business or revenue, whether direct or indirect;
• loss or corruption of data, information or software;
• loss of business opportunity;
• loss of anticipated savings;
• loss of goodwill; or
• any indirect, consequential loss, special or exemplary damages.
(d) We will only be liable to you up to a certain amount. Subject to section 11.2(b) and section 11.2(c), our total liability to you in respect of all other losses arising under or in connection with the Priority Ordering Window under these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the deposit paid as detailed in section 5.
(e) Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Priority Ordering Window. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that Priority Ordering Window is suitable for your purposes.
13.2 However, please note that if you pay a deposit to secure access to the Priority Ordering Window under these Terms, we will need to send you regular updates and information about the production vehicle and the Priority Ordering Window for administration purposes, whether or not you have opted into marketing permissions. If you do not wish to receive this information then you can contact us by telephone on 1850 812 764 or through our online contact form https://www.skoda.ie/tools/contactus However please note that this action may result in the termination of your access to the Priority Ordering Window and a refund of your deposit.
14.1 This Agreement and any dispute shall be governed by and construed in accordance with the law of Ireland. The courts of Ireland shall have exclusive jurisdiction to settle any dispute.