BMW Financial Services Terms and Conditions
This facility is produced by BMW Financial Services (South Africa) (Pty) Ltd.* ("BMW FS")
for information purposes only. Information on this website is not warranted to be correct at all times.
All vehicles are sold as is
and BMW does not have the duty to repair defects. BMW FS does not guarantee
specific condition, state, added features or items of any vehicle. Any user making an offer participates
in a tender bidding process and BMW FS, in its sole and unbiased discretion, and for whatever reason
retains the right to accept or reject any offer at any time for whatever reason. Neither BMW FS nor
mycars.co.za will be liable for any losses of whatsoever nature incurred, as a direct or indirect result
of the use of the information on this site. Any user of this site warrants to be familiar with all
its terms and conditions and amendments thereto and to abide by it.
Cooling Off Right
If you buy a car on the MyCars website as a result of that car being offered to you by BMW Financial Services (South Africa) (Pty) Ltd.
in a direct marketing campaign, you may cancel any sale concluded on MyCars without reason or penalty, within five business days after
the sale is complete or the vehicle is delivered to you, whichever is the later. This is known as a ‘Cooling-Off’ period.
If you wish to cancel any sale during the Cooling-Off period, you inform us in writing. If you have received delivery of the vehicle,
you must return it to us. If you used the vehicle, we may charge you normal charges for use of the goods, and any necessary restoration
charges to render the goods fit for re-stocking. We will return payment that we have received from you within 15 days after:
receiving notice of the rescission, if no goods have yet been delivered to you; or
receiving the vehicle from you, if it has been delivered.
Please also consider the impact of the following from an operational perspective:
The charges that may be levied against the consumer are limited in terms of Section 20(6) (c) of the CPA. Where a vehicle is
purchased and is materially damaged during the cooling off period. Section 20 (6) (c) does not specifically cater for charges
to restore goods sold to the condition they were in when sold, but to be fit for re-stocking. Accordingly, if Section 20(6)
of the CPA is read to be restrictive and to allow for only the charges contemplated to be levied against the purchaser (and
to deprive BMW FS of a right to claim material damages suffered), BMW FS will suffer the loss of any difference (diminution)
in value where goods are returned in a damaged condition; and therefore
where a vehicle is damaged by a purchaser and BMW FS seeks to claim damages, it will be necessary to prove the condition of
the vehicle prior to being sold on the auction to calculate the restoration costs necessary to render the vehicle fit for re-stocking.
Therefore restoration costs will take into account the condition of the vehicle prior to it being sold on the auction.
As this is an online auction with a defined expiry date/time, it is important to place your best bid before the close of the auction.
Should you wait until the last second you may experience a slow internet connection from your internet provider, and may run the risk
of your bid not being placed in time. If a bid is received a few minutes before an auction closes, the auction will be extended for a
further 10 minutes. This Vehicle is SOLD ‘AS IS’ with NO WARRANTIES /GUARANTEES/REPRESENTATIONS and although it may be advertised as a
‘RUNNER’, this simply means that the engine starts. Furthermore NO WARRANTEE / GUARANTEE/ REPRESENTATION is provided regarding any
functional components and all risk pertaining to the vehicle passes to the purchaser on conclusion of the sale.
For tailor-made finance and insurance solutions, visit www.bmwfinance.co.za
Finance available through BMW Financial Services (South Africa) (Pty) Ltd., an Authorised Financial Services and Registered Credit Provider.
*Trade value as per Auto Dealers' Guide.