Terms & Conditions
1. Terms and conditions
1.1 Kia Australia Pty Limited ACN 110 483 353 (Kia) offers customers the ability to view selected Kia vehicles through the Kia website, to select a vehicle for purchase from a preferred Kia dealer and to pay a deposit towards the purchase of the vehicle (the Order Online service).
1.2 Your use of the Order Online service is governed by these Terms and Conditions. By using the Order Online service, you agree to be bound by these Terms and Conditions.
1.3 The Order Online service is made available for you to:
(a) view the selected Kia vehicles available for sale from participating Kia dealers via the Kia website;
(b) order the vehicle that you intend to purchase by selecting a model variant, options and colours (the Selected Vehicle);
(c) choose a preferred Kia dealer (the Dealer) to purchase your Selected Vehicle from; and
(d) provide your contact details and pay a deposit of $100 to Kia via credit card (the Deposit) to indicate your intention to purchase the Selected Vehicle from the Dealer.
1.4 To use the Order Online service you must be aged over 18 years and an Australian resident.
2. Use of the Order Online service
2.1 Kia makes no representations or warranties about the accuracy of the information or images which appear on the Kia website for the Order Online service.
2.2 By using the Order Online service, you represent and warrant that all information submitted via the Order Online service is correct.
Should Kia become aware that any of the information provided by you is inaccurate or false, Kia reserves its right to cease to provide you with the Order Online service and to withhold any Deposit that you have paid for the Selected Vehicle.
3. Purchase of vehicle from the Dealer
3.1 Kia is not selling the Selected Vehicle to you and is not a party to your interactions or transactions between you and Dealer (save for refund of the Deposit where applicable) and does not warrant the accuracy of any representations made, or information provided to you, by the Dealer in relation to the Selected Vehicle or any other product or service.
3.2 Once you have ordered the Selected Vehicle using the Order Online service, the Dealer will contact you to discuss your purchase.
3.3 Submitting a Deposit does not guarantee that you will be able to purchase the Selected Vehicle. The purchase of the Selected Vehicle is subject to availability. If the Selected Vehicle is not available, you will be entitled to a full refund of the Deposit. You may be entitled to transfer the Deposit to another vehicle, at the sole discretion of the Dealer.
3.4 If the Selected Vehicle is available, terms of sale must be reached with the Dealer, and a signed contract of sale entered into with the Dealer for the Selected Vehicle (Dealer Contract) within five  business days of the Dealer confirming that the Selected Vehicle is available.
3.5 Once you sign a Dealer Contract:
(a) you will be required to pay the Dealer the purchase price you agree with the Dealer for the Selected Vehicle by the specified date, less the amount of the Deposit;
(b) the Dealer will deliver the Selected Vehicle to you in accordance with the Dealer Contract, subject to any State and Federal Government regulations (e.g. COVID-19 public health orders); and
(c) Kia will pay the Deposit to the Dealer.
4. Payment of Deposit
4.1 Upon payment of the Deposit Kia will issue you with a Deposit Confirmation.
4.2 In making payment of the Deposit you acknowledge:
(a) that the availability of the Selected Vehicle at the time of payment is unknown;
(b) that you have not relied on any representation or warranty by Kia as to:
(i) the Selected Vehicle’s expected price, features, specifications and possible availability dates; or
(ii) the trade-in price and/or value of any vehicle(s) you may own that you may wish to trade-in for the Selected Vehicle; and
(c) that payment of the Deposit does not secure ownership of the Selected Vehicle.
4.3 Kia will hold the Deposit on trust for you pending execution of the Dealer Contract. Once the Dealer Contract has been signed, Kia will pay the Deposit to the Dealer. Kia's obligations in relation to the Deposit will then cease.
5. Refund of Deposit
5.1 You may be entitled to seek a refund of the Deposit from Kia or the Dealer in certain circumstances, depending on the terms of the Dealer Contract, applicable statutory cooling off periods and your rights under the Australian Consumer Law.
Request for refund prior to signing a Dealer Contract
5.2 You may seek a refund of the Deposit from Kia at any time prior to signing a Dealer Contract for the Selected Vehicle. A request for a refund of your Deposit must be made to Kia in writing via email on firstname.lastname@example.org. After receiving this request, Kia will send written confirmation to you and refund the Deposit in full to the credit card used to pay the Deposit on the Order Online service.
5.3 If you request a refund of the Deposit, the Dealer will be able to sell the Selected Vehicle to someone else.
Failure to make payment under the Dealer Contract
5.4 Subject to the specific terms and conditions of the relevant Dealer Contract, if you sign the Dealer Contract in your name, and fail to pay the Dealer the required purchase price within the specified timeframe, the Dealer will be entitled to terminate the Dealer Contract. You will not be entitled to a refund of the Deposit in these circumstances.
6.1 Kia collects the personal information you submit as part of the Order Online service in order to provide the Order Online service, and may, for this purpose, and for the purpose of processing your Deposit for a Selected Vehicle, disclose such information to third parties, including but not limited to agents, contractors, service providers, and authorised Kia dealers.
6.2 Kia will not store your credit card details and a third party gateway provider will be used to process the payment of your Deposit.
6.3 If you consent to receiving direct marketing communications from us while using the Order Online service, we may use the personal information you have provided to send you marketing communications.
7. Limit of Liability
7.1 To the extent permitted by law, Kia excludes all liability for any loss sustained (including any damage, claim, injury, cost or expense, including loss of opportunity) as a result of or in connection with the Order Online service.
7.2 Kia reserves the right to cancel or suspend delivery of the Order Online service at any time.
8.1 These Terms and Conditions are governed by the laws of New South Wales and the parties submit to the non-exclusive jurisdiction of the courts in New South Wales.
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