MSL Motor Group
Online Reservations Terms and Conditions
These terms ('Terms') apply to you when you reserve a vehicle through www.msl.ie (‘Site’).
These Terms tell you who we are, the details of the reservation, how to cancel your reservation 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 making a reservation (and paying the refundable deposit), you confirm that you accept and will comply with these Terms.
1. Who We Are
1.1 This reservation scheme is operated by MSL Motor Group ('we', 'our' or 'us', as applicable).
2. Reserving a Car Online
2.1 On our site you can search our range of new and used vehicles. Once you have made your choice you can reserve it for up to 48 working hours by paying a fully refundable deposit of €299 on it (the “Reservation Fee”).
By paying a Reservation Fee and concluding a contract for reservation, subject to these terms and conditions you will benefit from having the vehicle reserved for you for 48 working hours.
After paying the Reservation Fee, you will receive an email from us that acknowledges receipt.
2.2 IMPORTANT: Please note that paying the Reservation Fee is not an order to purchase the vehicle.
2.3 IMPORTANT: Paying a Reservation Fee and reserving a vehicle in accordance with these Terms does not constitute a contractual sale of or an actual order for a vehicle.
2.4 IMPORTANT: Please see section 8 below for more information on the ordering process for the vehicle.
2.5 Customers who pay a Reservation Fee and reserve a vehicle under these Terms ('Customers') will receive an email from us that acknowledges receipt. Customers should note that this does not automatically mean their reservation has been accepted. All reservations are subject to acceptance by the relevant dealer, as the car may have been sold to, or reserved by, someone else. We will confirm our acceptance of your reservation by sending you a confirmation email (the "Reservation Confirmation").
2.6 The vehicle will be reserved for 48 working hours from when we send you the Reservation Confirmation (the “Reservation Period”). During the Reservation Period you have an exclusive right to consider the purchase of the vehicle. However, in order to proceed with a purchase of the vehicle it will be necessary for you to attend the Dealership where the car is held to inspect the vehicle and to agree on the terms of sale.
3. Eligibility
3.1 Only consumers aged 18+ are eligible to pay a Reservation Fee and reserve a vehicle under these Terms.
3.2. The name submitted for the vehicle registration must match the final vehicle invoice name signed with a Dealer, should a customer decide to proceed with the purchase.
4. Vehicle
4.1 IMPORTANT: Until such time as we notify you otherwise, the information, technical specification and imagery used on the sites and in communications may not reflect the final vehicle.
4.2 Customers paying a Reservation Fee and reserving a vehicle will be provided with production vehicle name, images, equipment and technical specification.
5. Reservation Fee
5.1 If you choose to reserve a car by paying the Reservation Fee, you will be asked to enter your personal details, address and payment card information. When you click on “Pay”, you will receive a confirmation email if your reservation has been accepted. If successful, it is at this point that the amount of the Reservation Fee (€299) will be debited from your payment card, this is a temporary hold on your card that will expire after 48 working hours.
5.2 Payments are processed securely by our Payment Service Provider, Stripe. When paying the Reservation Fee, you will need to enter your debit or credit card information. You warrant that you have appropriate authority to use the payment card details which you enter. By entering your debit or credit card information, you agree to use of that information by our Payment Service Provider for the purpose of paying the amount due and processing your payment.
6. Reserving a Car Online
6.1 Your reservation is an offer to reserve a vehicle. By placing your reservation, the following steps have to be taken before a contract to grant you Reservation Confirmation is made between you and the dealer you specified in making the reservation.
(a) Reserving. You will need to complete the form, including payment details and marketing preferences.
(b) Reviewing your reservation. Before clicking the ‘Submit’ or ‘Pay’ buttons 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 page 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 has been requested. Please note that this does not mean that your reservation has been accepted. Our acceptance of your reservation 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 your vehicle ('Reservation Confirmation'), unless we notify you that we do not accept your reservation. The contract between us reserving your vehicle will only be formed when we send you the Order Confirmation and have received the deposit.
6.2 If we are unable to confirm your reservation, for example because the funds for your deposit are not accepted, the vehicle 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. In this case, we will release any payment hold on the card provided by you.
7. Online Deposit Refunds
7.1 You can cancel your reservation and request a cancellation of any hold on a payment card prior to any binding order for the purchase of a vehicle.
7.3 As there will be no transfer of funds, in the event of a cancellation, the hold on your card will simply be released.
7.4 A cancellation of your reservation ends any rights to the once reserved vehicle.
7.5 On expiry of the Reservation Period, in the event that you have not proceeded to purchase the vehicle, the reservation of the vehicle will expire and the €299 hold on your card will be released 48 working hours.
7.6 If you decide not to proceed with the reservation of the vehicle, please contact the MSL Dealer with whom you placed the reservation to cancel your reservation of the vehicle.
7.7 We reserve the right to refuse to accept a reservation payment at our discretion.
8. Purchase Agreement
8.1 By paying the Reservation Fee, you agree to be bound by the Terms. In return, during the Reservation Period, you have an exclusive right to consider the purchase of the vehicle. However, if you wish to proceed to purchase the vehicle it will be necessary for you to enter a separate contract for sale, after you have inspected the vehicle, at the relevant Dealership. Confirmation of your purchase will be when the final purchase agreement is signed by the Dealer and you.
8.2 Neither payment of the Reservation Fee, nor reservation of the vehicle in any way implies a contract for sale/purchase of the vehicle, nor does it constitute on acceptance of an offer to sell the vehicle.
8.3 The agreement for the purchase of the vehicle is not concluded on the Site, as you will need to contact your selected MSL Dealer to enter into the relevant agreement(s) to purchase the vehicle. Your MSL 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 MSL Motor Group.
8.3 Neither payment of the Reservation Fee, nor reservation of the vehicle shall in any way guarantee delivery of the vehicle within any specified time period. Confirmation of your delivery / collection details will be between the Dealer and you.
9. Termination of the Scheme
9.1 We may close the vehicle reservation access scheme to new applicants at any time.
9.2 We may terminate the vehicle access / deposit scheme at any time. In such circumstances, we will release all holds on payment cards.
10. Changes to these Terms
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 Reservation Fee. You are advised to check regularly for any such notices. If you do not agree with such changes, you may cancel your reservation at any time and the hold on your card will be released in accordance with section 7 above.
11. IMPORTANT: Limitations and Exclusions of Liability
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 Vehicle Reservation, 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 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(e) only apply if you are using the vehicle reservation for any commercial, business or re-sale purposes.
(a) the vehicle reservation cannot be purchased by you for re-sale purposes. We only supply the vehicle reservation for internal use by your business, and you agree not to use the vehicle reservation 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 vehicle reservation under these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the Reservation Fee 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 vehicle registration. 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 vehicle reservation is suitable for your purposes.
13. Privacy Policy
13.1 Please refer to our Privacy Policy for information about how we will use your personal information and how it will be shared.
13.2
14. Governing Law
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.