NORTON MOTORCYCLE RESERVATION TERMS
Please read these terms carefully before you pay the reservation fee, as they explain how our reservation process works.
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1.1 Who we are. We are The Norton Motorcycle Co. Limited (referred to in these terms as “Norton” “we”, or “us”) a company registered in England and Wales. Our company registration number is 12545195 and our registered office is at Unit 500 Solar Park, Highlands Road, Solihull, United Kingdom N90 4SH. Our registered VAT number is 347723972.
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1.2 Who we are regulated by. We are a credit broker (not a lender) and are authorised and regulated by the Financial Conduct Authority (Financial Services Register no. 1008256). We are an Appointed Representative of The Compliance Guys Ltd which is also authorised and regulated by the Financial Conduct Authority (Financial Services Register no. 941360). You can verify our status on the Financial Services Register by visiting the Financial Conduct Authority’s website at www.fca.org.uk.
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1.3 How to contact us. You can contact our Client Service Team by email: clientservices@nortonmotorcycles.com or telephone – +44 (0) 808 160 9575.
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2.1 What does the reservation include? By paying the reservation fee:
- you will receive access to order the motorcycle model you selected on our website if and when it becomes available
- if your chosen motorcycle becomes available, you will be invited to place an order through your chosen dealer
- you may receive certain additional benefits described in section 5
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2.2 Pricing. Any price shown on our website is an estimate only. The final purchase price will be confirmed if you choose to place an order with a dealer once the motorcycle becomes available.
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2.3 What does the reservation not include: A reservation does not mean you are purchasing a motorcycle and does not:
- guarantee that a motorcycle will be available or allocated to you
- create any obligation on us or the dealer to supply a motorcycle to you
- create any obligation on you to purchase a motorcycle from the dealer
- guarantee allocation of a specific model, colour or configuration
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3.1 Making a reservation. To make a reservation, you will need to select the motorcycle model you would like to reserve on our website. You may also be asked to choose your preferred colour and other specification options.
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3.2 Initial specification. The specification options you select are only your initial choices. If you decide to place an order with a dealer, you will be able to confirm or change the final specification later.
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4.1 The fee. You will be asked to pay a reservation fee of €500 for Manx R.
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4.2 Refundable fee. The fee is fully refundable at any time before you place an order with a dealer.
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4.3 Who takes payment? Payments are processed through our third party payment provider. We will receive and hold your reservation fee until either:
- it is transferred to your selected dealer and applied as a deposit if you place an order for a motorcycle; or
- it is refunded to you in accordance with these terms.
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5.1 Reservation benefits. The reservation includes additional benefits including:
- Early access to test rides; and
- Priority opportunity to place an order for a motorcycle
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6.1 Preferred dealer. When you make a reservation on the website, you will select your preferred dealer. If motorcycles become available to order:
- we will share your reservation details with that dealer
- the dealer will contact you directly to place your order
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7.1 If you choose to order a motorcycle through a dealer:
- your reservation fee will be transferred to the dealer
- the reservation fee will be applied towards the purchase price of the motorcycle as a deposit
- you will enter into a separate contract with the dealer (not with us) and will be subject to the dealer’s own terms and conditions.
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7.2 Once your order is placed with the dealer, the reservation fee will no longer be refundable (see section 8.1 below for more information on cancellation rights).
- 8.1 Your 14 day legal right to cancel
As a consumer you have in accordance with the rules described in the attachment below a right of withdrawal. A consumer means every natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession. You have the legal right to cancel the reservation within 14 days of placing the reservation on our website and receive a full refund of the reservation fee paid by you. We explicitly inform you that if you choose to place an order with a dealer, the reservation fee will be transferred to the dealer as a deposit. At this point the reservation service will have been fully provided and your right to cancel the reservation under consumer cancellation laws will end.
- 8.2 Your wider cancellation right. In addition to your legal right to cancel, you may request a refund of your reservation fee at any time before placing an order with a dealer. This right is separate from your legal 14 day right to cancel.
- 8.3 How to cancel your reservation.
To cancel your reservation please visit the Norton Website or your local
dealer. Alternatively, you may use the cancellation form provided at the end
of these terms and send it to us via email at
clientservices@nortonmotorcycles.com or to the written address provided for in the cancellation form. The statement must clearly indicate your decision to cancel the contract. No reason needs to be given for the cancellation. Please note that to meet the deadline, it is sufficient to send the cancellation notice in a timely manner.
- 8.4 Changing or pausing the reservation programme. We may change, pause or end the reservation programme if necessary due to production, regulatory or commercial reasons. If this happens, article 11.3 applies and you will be able to request a full refund of your reservation fee.
- 8.5 Our rights to cancel. We may cancel your reservation (and, in such a case, you will obtain a full refund of your reservation fee pursuant to section 9) if:
- we decide to cancel the reservation programme
- the motorcycle chosen by you does not become available
- we, or your selected dealer, invite you to place an order and you do not respond within a reasonable time
- we reasonably suspect fraud, misuse of the reservation system (such as multiple reservations made to unfairly reserve motorcycles) (see section 10 for further information).
- 9.1 What we will refund. If the reservation is cancelled in accordance with these terms, we will reimburse the relevant reservation fee in full.
- 9.2 When and how we refund you. We will refund you within 14 days of cancellation to your original payment method. We don't charge a fee for the refund.
- 10.1 Limiting reservations. We may also limit the number of reservations that can be made by the same person or payment method and will notify you of this on the website.
- 10.2 Fraud checks We may carry out checks to prevent fraud, misuse of the reservation system or other unlawful activity.
- 10.3 If we suspect fraud If we reasonably believe that a reservation, payment or refund request is fraudulent or has been made in bad faith, we may pause the reservation or delay processing a refund while we carry out checks. If we confirm that fraudulent or abusive activity has taken place, we may cancel the reservation and refund the reservation fee.
- 11.1 Changes we can make for new reservations.
We may update these terms at any time. Any changes will apply exclusively to reservations submitted after the updated terms are published on our website (and not to any existing reservations placed prior to the change of these terms).
- 11.2 Changes we can always make (including for existing reservations). We can always make changes to these terms at any time based on justified reasons to reflect changes in relevant laws and regulatory requirements, in which case section 11.3 shall apply.
- 11.3 Other Changes.
If we make changes to these terms that would disadvantage you to a non-negligible extent, we will notify you in advance. You will then have the option to cancel the reservation (within 30 days from the date of receipt of the notice or, if later, from the moment when the changes are made by the trader) and receive a refund for any amounts you have paid.
- 12.1 Our responsibility for loss suffered by You. We are responsible for losses you suffer caused by us breaking this contract, unless the loss is:
- Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
- Avoidable. Something you could have avoided by taking reasonable action, including following our reasonable instructions for use.
- 12.2 A business loss. We only offer the reservation service for domestic and private use.
- 12.3 We do not exclude or limit in any way our liability to you where it would be unlawful to do so This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to services (including the right for services to be carried out with reasonable care and skill).
- 13.1 How we may use your personal information. We will only use your personal information as set out in our Privacy Policy.
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14.1 Our complaints policy. If you have any questions or complaints please contact our Client Service Team using the contact details set out at Section 1.3 and they will do their best to resolve any problems you have with the reservation, as per our Complaints policy.
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14.2 Governing law.
These terms are governed by the law of the Federal Republic of Germany excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). You will also benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms, including this section affects your rights as a consumer to rely on such mandatory provisions of local law.
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14.3 You can go to court.
- If you are in England, Wales, Scotland, or Northern Ireland, you may bring claims against us in the courts of your home jurisdiction, in addition to the English courts.
- If you live outside the United Kingdom, you may bring claims against us in the courts of the country where you live.
- Likewise, we may bring claims against you in the courts of the country where you live, or in the English courts.
- 15.1 We can transfer our contract with you, so that a different organisation is responsible for the reservation.
We'll tell you in writing if this happens and we'll ensure that the transfer
won't affect your rights under the contract. You hereby agree to such assignment.
- 15.2 You may only transfer this contract to someone else with our prior written consent. We will not unreasonably refuse such consent
- 15.3 Nobody else has any rights under this contract. This contract is between you and us (other than someone you gave a product to as a present). Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
- 15.4 If a court invalidates some of this contract, the rest of it will still apply.
If a court or other authority decides that some of these terms are unlawful, the rest will
continue to apply. In lieu of the invalid provision or to fill the unintentional gap a legally valid provision shall apply which corresponds as closely as possible to the intentions of the parties according to the purpose of these terms.
- 15.5 Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later
- 15.6 Our role For the avoidance of doubt, Norton acts solely as a disclosed intermediary on behalf of the supplying dealer and does not act as principal. The supplying dealer is solely responsible for the supply of the goods/services and for compliance with all applicable laws and regulatory requirements.
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