1. (Terms of Use) These terms of use (Terms) set out the terms and conditions that apply with respect to your access to and use of the Audi Online Order form (Online Order Form). The Online Order Form is made available to you by Volkswagen Group Australia Pty Ltd (ABN 14 093 117 876) trading as Audi Australia for the purpose of enabling you to:
(a) browse the Audi vehicles available for sale from participating Audi dealers via the Audi Australia website;
(b) indicate to those dealers your interest in purchasing one of their vehicles; and
(c) pay a holding fee to a dealer to hold a vehicle for a minimum of 3 business days while you negotiate the terms of purchase with the dealer.
2. (Acceptance of Terms of Use) By using the Online Order Form you accept and agree to be bound by these Terms which set out Audi Australia’s obligations to you, and your obligations to Audi Australia, in relation to the use of the Online Order Form.
3. (Vehicle Availability) Participating Audi dealers may, from time to time, make one or more of the following vehicle types available for order or enquiry via the Online Order Form: vehicles currently in stock at the participating Audi dealer (new, pre-owned and demonstrator models); vehicles on order from the factory by the participating Audi dealer; vehicles which may be configured by you using the online configuration tool and ordered via the participating Audi dealer (together, Vehicles). The Online Order Form gives you two options in relation to a Vehicle of interest: you may elect to "Make an enquiry" to notify the selling dealer of your interest in a particular Vehicle (Online Enquiry) or you may elect to "Order now" to request that the selling dealer hold the particular Vehicle for a minimum of 3 business days (subject to confirmation of availability) in exchange for your payment of a $500 holding fee to the selling dealer (Online Order). Availability of Vehicles listed on the Audi Australia website is based on Audi Australia records at the time of publication. Submitting an Online Enquiry or an Online Order does not guarantee that you will be able to purchase the Vehicle selected by you and Vehicle availability is subject to confirmation by the selling dealer on receipt of your Online Enquiry or Online Order.
4. (Online Enquiry and Order Process) The Online Order Form is a convenient communication method with the relevant participating dealer made available to you by Audi Australia for the purposes described in clause 1 above. Audi Australia is not party to your interactions with your chosen dealer, is not party to any transactions entered into between you and dealer (including payment or refund of the holding fee and any final sale) and does not warrant the accuracy of any representations made or information provided to you by dealer in response to your Online Enquiry or Online Order made via the Online Order Form. Subsequent to your use of the Online Order Form, Audi Australia expects that the following process will occur:
(a) Following your submission of an Online Enquiry, a member of the selling dealer's team will contact you regarding your enquiry and to answer any questions you may have regarding the next steps towards purchasing a Vehicle.
(b) Following your submission of an Online Order (including payment of the $500 holding fee):
(i) you will receive an email confirming that your Online Order and $500 holding fee has been sent to the selling dealer and providing a link to download your receipt;
(ii) a member of the selling dealer's team will contact you to confirm whether the selected Vehicle is available for sale from the dealer and to discuss next steps;
(iii) if your selected Vehicle is not available, your dealer will issue you with a full refund of your $500 holding fee;
(iv) if your selected Vehicle is available:
(A) the dealer will reserve the selected Vehicle for a minimum of 3 business days and a maximum of 7 business days from the time that you submitted your Online Order via the Online Order Form (unless you cancel the order earlier or the dealer agrees to extend the holding period beyond 7 business days) to enable you to negotiate the purchase of the Vehicle from the dealer (including final sale price, any trade-in value and financing options);
(B) if you require more time to finalise the purchase of your Vehicle, you may request that the dealer extend the holding period for such additional period as may be agreed between you and the dealer;
(C) if you decide to move ahead with the purchase, your $500 holding fee will become a partial deposit towards the final purchase price that you agree with your dealer for your Vehicle;
(D) if at any time prior to entering into a purchase agreement you decide not to move ahead with the purchase, you may request a refund of the holding fee and the dealer will issue to you a full refund of your $500 holding fee and release the hold on your selected Vehicle;
(E) on expiry of the minimum 3 business day holding period, your dealer may, at its discretion, advise you that your order will be cancelled within 24 hours, (unless you request an extension of the holding period and the dealer agrees to that request), and a refund of your $500 holding fee will be issued;
(F) 24 hours prior to the expiry of the maximum 7 business day holding period (or such longer holding period as agreed with the dealer), your dealer will advise you that your order will be cancelled on expiry of the holding period and a refund of your $500 holding fee will be issued.
5. (Not an Agreement to Purchase) Nothing in these Terms constitutes an agreement governing any matter arising subsequent to your use of the Online Order Form, including to purchase a Vehicle the subject of an Online Enquiry or Online Order, nor is this an offer by Audi Australia to sell any Vehicle to you. Audi Australia does not sell any of the Vehicles directly to you and is not party to any transactions between you and the selling dealer (including in relation to payment of the $500 holding fee, which is paid via the Online Order Form to the selling dealer and not to Audi Australia). Any purchase agreement for a Vehicle must be entered between you and your preferred Audi Dealer either in person, at the dealership or by online correspondence between you and your preferred Audi Dealer (Dealer Sales Contract). If you decide to enter into a Dealer Sales Contract, that Dealer Sales Contract will set out all terms and conditions on which you purchase the Vehicle from the selling Dealer.
6. (Pricing) Pricing of the Vehicle on the Audi Australia website and Online Order Form is subject to the following terms:
(a) (Manufacturer's Recommended Drive Away Price) For new vehicles currently in stock at participating dealers, the price for the vehicle displayed on the Audi Australia website and Online Order Form is the Manufacturer's Recommended Drive Away Price (MRDP) including optional equipment fitted. The MRDP is for the new vehicle in the configuration and with each of the options and other features installed in the vehicle as available for sale from the listed dealer (includes Recommended Dealer Delivery Charge, Government taxes and statutory charges) at the time of publishing and based on the State or Territory where the Dealer is located. If you register the vehicle in a different State or Territory, the MRDP may vary from that above as a result of differences in price components such as stamp duty or registration fees. The MRDP is based on the owner being a 'rating one' driver aged 40 with good driving record.
(b) (Dealer List Price) For pre-owned and demonstrator vehicles currently in stock at participating dealers, the price for the vehicle displayed on the Audi Australia website and Online Order Form is the Dealer List Price. The Dealer List Price is the price specified by the relevant dealer offering the pre-owned and / or demonstrator vehicle for sale, based on the configuration and each of the options and other features that the vehicle is equipped with, as available for sale from the listed dealer. The Dealer List Price may be listed as a "Drive away price" which includes any Dealer Delivery Charge, Government taxes and statutory charges at the time of publishing. Where the Dealer List Price is listed as "Ex Gov't Charge", Government taxes and statutory charges are not included and may vary according to the State or Territory of vehicle registration as a result of differences in price components such as stamp duty or registration fees. Whether the Dealer List Price is listed as "Drive away price" or "Ex Gov't Charge" is at the discretion of the dealer and all representations of Dealer List Price on the Audi Australia website and Online Order Form are based on information received by Audi Australia from the listed dealer. Audi Australia makes no representations or warranties as to the accuracy of that information.
Actual drive away price is subject to agreement with the selling dealer and will differ depending on choice of dealer and individual circumstances. The final drive away price payable by you for the Vehicle, as well as any trade-in value, financing options and other transaction costs, will be agreed between you and your selected Audi Dealer at the time when you enter into the Dealer Sales Contract. We note that on road costs are constantly changing and depend on many factors, such as your registration address, vehicle usage and licence plate type. The final drive away price will be set out in the Dealer Sales Contract and may be different from the MRDP or Dealer List Price shown on the Audi Australia website or in the Online Order Form (Final Purchase Price). Once you enter into the Dealer Sales Contract, the amount of the Holding Fee will be applied towards payment of the Final Purchase Price of the Vehicle and thereby reduce your payment obligations under the Dealer Sales Contract.
7. (Privacy Collection Statement) By using the Online Order Form you agree and accept that Audi Australia will collect your personal information, such as your name and contact details. Your personal information will be collected and stored in accordance with the terms of our Privacy Policy. Failure to provide your personal information may prevent the completion of your Online Order. We may disclose your personal information to third parties, including to the selling dealer, our service providers or as required by law. We may also share your personal information with our related bodies corporate, other Audi Dealers or entities associated with Audi Australia, some of which may be located overseas, including in Germany. Further information about our privacy practices is available in our Privacy Policy located at https://www.audi.com.au/au/web/en.html#oneLayer=/en/privacy-policy/
8. (Disclaimers)
(a) While every effort has been made to ensure that the information included in the Online Order Form is correct and up to date, some inaccuracies may be present and Audi Australia makes no representations or warranties as to the accuracy of the images or information included in the Online Order Form.
(b) Images for new vehicles listed on the Audi Australia website and the Online Order Form are digitally generated according to Vehicle specifications from factory systems and may display overseas configurations.
(c) Any specified fuel consumption and emission data have been derived from standardised laboratory testing in accordance with ADR 81/02. They do not refer to a particular individual Vehicle and do not constitute part of any sales offering. They are intended exclusively as a means of comparison between different Vehicle types. Additional equipment and accessories (e.g. add-on parts, different tyre formats, etc.) may change the relevant Vehicle parameters, such as weight, rolling resistance and aerodynamics, and, in conjunction with weather and traffic conditions and individual driving style, may affect fuel consumption, electrical power consumption, CO2 emissions and the performance figures for the vehicle.
(d) Prices displayed are as described in clause 6 above. Actual drive away price, trade-in value, financing options and sales transaction is subject to agreement with your chosen dealer.
(e) Audi Australia is not party to your interactions with your chosen dealer, is not party to any transactions entered into between you and dealer (including payment or refund of the holding fee and any final sale) and does not warrant the accuracy of any representations made or information provided to you by dealer in response to your Online Enquiry or Online Order made via the Online Order Form.
(f) By using the Online Order Form, you represent and warrant that all information you provide via the Online Order Form is true and accurate. If at any time Audi Australia or your selected dealer discover that any of the information that you have provided is not true and accurate, the dealer reserves the right to cancel your Online Order (subject to refunding of your holding fee).
(g) To the full extent permitted by law, Audi Australia excludes all 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 use of the Online Order Form, including but not limited to any technical difficulties or access issues with the Online Order Form (whether or not under our control).
(h) Audi Australia reserve the right to remove the Online Order Form from our websites for any reason and at any time.
(i) These Online Order Form Terms of Use apply alongside our general Disclaimer and Non-liability Clause which apply to all parts of the Audi Australia website, including without limitation, the Online Order Form.
9. (Governing Law and Jurisdiction) These Terms are governed by the laws applicable in the State of New South Wales, and the parties submit to the exclusive jurisdiction of the Courts of that State.