Online Reservation Terms and Conditions
1. Definitions
In these terms and conditions, capitalised terms have the following meanings:
a) Build & Price means the pages of the Ford Website that allow you to build and price Vehicles.
b) Confirmed Order means a Ford Dealer has confirmed that a contract of sale between the customer and dealer has been applied to the reservation.
c) Dealer Contract of Sale means the contract to purchase a Vehicle between a customer and their Ford Dealer.
d) Estimated Drive Away Price means the estimated drive away price based on the Vehicle being garaged in the postcode provided by the customer and on the owner being a 'rating one' driver aged 40 with a good driving record. The estimated drive away price includes 12 months registration, 12 months compulsory third party insurance (CTP), an estimated Dealer delivery charge, stamp duty and other applicable statutory charges.
e) Ford Account means your online account created with Ford.
f) Ford means Ford Motor Company of Australia Pty Limited.
g) Ford Dealer means an authorised Ford Dealer who participates in this Program.
h) Ford Website means ford.com.au.
i) Program means Ford’s online reservation program in respect of the Vehicles as described in these terms and conditions.
j) Reservation Fee means the refundable deposit payable by the customer to reserve the opportunity with their preferred Dealer to purchase a Vehicle, the amount of which will be specified on the Ford Website.
k) Vehicle means a new Ford vehicle that is capable of being reserved via the Program.
l) Vehicle Purchase Price has the meaning set out in paragraph 3(g).
2. Eligibility and acceptance
a) To participate in the Program, you must be aged 18 years or over and must be registered for a Ford Account. If you don’t have a Ford Account, you must create one and agree to any Ford Account terms and conditions.
b) By accepting these terms and conditions prior to paying the Reservation Fee, you agree to be bound by these terms and conditions. You will also be required to agree to Ford’s payment terms and conditions before paying the Reservation Fee.
c) You may not participate in the Program if you are a broker, and you may only reserve a Vehicle for yourself in your own name. Ford reserves the right to cancel your reservation for a breach of this condition.
3. Reservation Process
a) Subject to Vehicle availability, a customer can reserve a maximum of one Vehicle per customer in the case of Mach E and a maximum of two Vehicles per customer for other nameplates via the Program, although a customer can only reserve one Vehicle at a time per transaction via the Program.
b) Ford Dealers cannot reserve a Vehicle on behalf of a customer. All reservations must be made by an individual customer on their own behalf.
c) To reserve a Vehicle, you need to visit the Ford Website, build your Vehicle through the Build & Price feature, select the Ford Dealer from whom you want to purchase the Vehicle, and pay the Reservation Fee.
d) The Reservation Fee can be paid via the Ford Website using a third-party gateway provider, PayPal. There are two acceptable payment methods:
i. Via the PayPal button using your PayPal account; or
ii. Via PayPal guest checkout using your credit card (only Visa and Mastercard accepted) or debit card.
e) Ford and the Ford Dealer will not receive or store your credit card details or any PayPal account details.
f) The Reservation Fee will be held in the Ford Dealer’s account (integrated with PayPal).
g) The Reservation Fee you pay will be associated with the Estimated Drive Away Price for the Vehicle. The actual price you will need to pay to purchase the Vehicle (Vehicle Purchase Price) may be different from the Estimated Drive Away Price, and will be agreed between you and the Ford Dealer, and confirmed in the Dealer Contract of Sale.
h) After you have successfully paid your Reservation Fee, you will receive an e-mail and SMS from Ford, with a booking reference number. The booking reference number is confirmation you have successfully made a reservation but remains subject to the Ford Dealer receiving the Reservation Fee as cleared funds.
i) Ford Dealer retains the right to cancel a reservation in the event that the Reservation Fee is not received.
j) Any successful reservations made via the Program will be visible in your Ford Account.
k) Your Ford Account will only reflect the original reservation you make. Any changes made to your reservation with your Ford Dealer will not be reflected in Ford Account.
l) You can cancel your reservation via your Ford Account and receive a full refund prior to it becoming a Confirmed Order, see Section 5.
m) After you have made your Reservation, your preferred Ford Dealer will contact you within two (2) business days.
4. Purchasing the Vehicle
a) Your Ford Dealer will discuss the exact details of the Vehicle you wish to purchase, including:
i. the specific variant, colour, specifications and additional parts or accessories you wish to add to the Vehicle;
ii. the Vehicle Purchase Price (this may differ from the Estimated Drive Away Price as the Ford Dealer is the seller of the Vehicle and determines at its discretion the price at which it is willing to sell the Vehicle to you); and
iii. if and when the details above are agreed, you will sign a Dealer Contract of Sale.
b) You agree and understand that in addition to the Reservation Fee, the Ford Dealer may require payment of a deposit as part of the Dealer Contract of Sale.
c) After you sign a Dealer Contract of Sale:
i. the Reservation Fee will be retained by the Ford Dealer and applied towards the Vehicle Purchase Price in accordance with the Dealer Contract of Sale;
ii. you will be required to pay the Dealer the Vehicle Purchase Price less the amount of the Reservation Fee and less any deposit paid to the Dealer; and
iii. the Dealer will deliver the Vehicle to you in accordance with the Dealer Contract of Sale.
5. Refund of the Reservation Fee and cancellation
a) You may request a refund of the Reservation Fee from your Ford Dealer (or cancel your reservation via your Ford Account prior to Order Confirmation) at any time prior to signing a Dealer Contract of Sale. If you do so, your reservation will be cancelled, and the Ford Dealer will refund the Reservation Fee to you in full, in most instances within 14 days, via the same method you used to pay the Reservation Fee. Note: This refund timing can be delayed due to circumstances outside the control of Ford or your Ford Dealer, for example, delays associated with the banking institutions involved.
b) Your Ford Dealer may cancel your reservation at any time if it is unable to procure the Vehicle you have configured and reserved within a reasonable time.
c) If within 12 months of paying the Reservation Fee (or such other time frame notified to you), you don’t sign a Dealer Contract of Sale for the Vehicle, Ford may at its sole discretion cancel your reservation and arrange for the Reservation Fee to be refunded to you.
d) You acknowledge that Ford at its sole discretion, may decline, or cancel your reservation at any time, for any reason. You will be notified by email if your reservation is cancelled, and the Reservation Fee will be refunded once processed.
e) You acknowledge that if the Reservation Fee was paid using a credit card that is expired at the time Ford Dealer processes the refund, the refund will be deemed to have been paid, and it will be your responsibility to contact your card issuer to ensure that you receive the refund into another account.
f) You acknowledge that you are not a commercial reseller of vehicles and will not commercially resell the Vehicle. Further, you agree that if at any time the Ford Dealer becomes reasonably aware that you are a known commercial reseller of vehicles and/or intends to commercially resell the Vehicle, Ford and or the Ford Dealer has a right to immediately cancel your reservation, your Confirmed Order and/or any other contract between you and the Ford Dealer (or its related entities) on written notice as its absolute discretion.
6. Important information about your reservation
a) The Program allows you to conveniently reserve the opportunity to purchase a Vehicle from your preferred Ford Dealer by paying a Reservation Fee.
b) You acknowledge and accept that your reservation (and payment of the Reservation Fee) is not:
i. an order for a specific Vehicle;
ii. a contract of sale of the Vehicle with the Ford Dealer;
iii. Ford or a Ford Dealer guaranteeing Vehicle availability to you;
iv. placing a direct Vehicle order with Ford or a Ford Dealer;
v. linked directly to a Ford Dealer’s inventory;
vi. a guaranteed set price for the Vehicle;
vii. to be treated as a priority over any other customer who reserves a Vehicle through the Program, or in person at a Dealer.
c) Your reservation for a Vehicle is non-transferable and cannot be assigned to another customer or Ford Dealer. The name and details you provide when you make your reservation must be the same as those on the Dealer Contract of Sale.
7. Privacy
a) The information you provide in connection with the Program, including your contact details, the details of the Vehicle and the booking reference, will be provided to your preferred Ford Dealer by Ford.
b) Ford may use and disclose personal information you provide in connection with the Program for:
i. the purpose of conducting this Program; and
ii. any of the purposes set out in Ford’s privacy policy (available at https://www.ford.com.au/privacy/) which contains information about how customers may access and seek correction of their personal information or complain about a breach of their privacy and how Ford will deal with a complaint.
8. General
a) Ford reserves the right to discontinue or modify the Program (or suspend access to reservation function on the Ford Website) at any time.
b) You represent and warrant that all information you provide in connection with the Program is accurate. Ford and the Ford Dealers shall not have any responsibility or liability for inaccurate information or information that later becomes outdated.
c) In the event that a customer engages in conduct which is misleading, deceptive, unlawful, fraudulent or not in good faith with respect to the Program, Ford may in its sole and absolute discretion cancel that customer’s reservation or Confirmed Order.
d) Ford reserves the right to cancel a customer’s reservation or Confirmed Order at any time and to add, vary or remove terms, conditions and criteria at any time provided it has provided appropriate notice to the customer. Should the Program not be operating as intended by Ford, Ford reserves the right to take any action that may be available to it and any action taken, or decision made by Ford in relation to the Program and these terms and conditions, are final and binding.
e) You, Ford and the Ford Dealers will not be liable for any failure or delay in the performance of its obligations under these terms and conditions to the extent such failure or delay is caused by any circumstance not within the reasonable control of the affected party.
f) These terms and conditions are governed by and interpreted in accordance with the laws of the state of Victoria and the parties submit to the non-exclusive jurisdiction of its courts.
g) To the fullest extent permitted by law, Ford will not bear liability for any loss (including any damage, claim, injury, cost or expense, including loss of opportunity) which you may suffer or incur in connection with the Program, reservation or use of the Ford Website, including but not limited to any technical difficulties or access issues with the Ford Website (whether or not under Ford’s control).
9. Contact Ford
If you have any questions, you may contact Ford by going to the Contact Us page on www.ford.com.au or via:
Telephone: 13 FORD (13 3673)
Email: foacust1@ford.com
Mail: Ford Motor Company of Australia Pty Ltd
Customer Relationship Centre
Private Mail Bag 5
Campbellfield, Victoria, 3061