TermsAndConditions P
TermsAndConditions P
1. Scope and Definitions 2.1.2. The Porsche ID-Contract alone (that means without any purchasing of
any Products or Services) does not impose any purchase obligation
1.1. Porsche Sales & Marketplace GmbH (formerly Smart Mobility GmbH), and/or payment obligation on Customer.
Porscheplatz 1, DE-70435 Stuttgart (hereafter referred to as Porsche
Sales & Marketplace, PSM or We) operates under 2.1.3. The content of the Porsche ID-Contract is determined by these T&C,
[Link] in each case in their most recent version at the time of the conclusion
(i) the My Porsche Portal (hereafter referred to as My Porsche of the respective Porsche ID-Contract. Porsche Sales & Marketplace
Portal) and may amend these T&C for legitimate reasons, in particular for legal,
(ii) various online marketplace functionalities (hereafter referred to regulatory or security reasons. If Porsche Sales & Marketplace
as Marketplace) for the (i) sale of Porsche vehicles, parts, amends these T&C after the conclusion of a Porsche ID-Contract, the
equipment and other vehicle related and vehicle independent changes will only be valid once reasonable notice has been provided
products (hereafter referred to as Products) and (ii) provision of to the Customer and Customer indicates consent to those changes
vehicle related and vehicle independent services (hereafter either by giving express consent or by continuing to use the Services.
referred to as Services). If Customer does not consent to the changes, Customer must cease
using the My Porsche Portal, and terminate the Porsche ID-Contract.
1.2. User of the My Porsche Portal and the Marketplace may be, as defined To the extent Customer has any data stored on the My Porsche Portal
below, (i) Customers and (ii) Sellers. it may request the return of such data.
1.3. Customer may be a (i) consumer pursuant to UK consumer law or (ii) 2.1.4. Customer is obliged (i) to provide accurate and truthful information
business, who purchases Products and/or Services. about his/her person at the time of registration on the My Porsche
Portal and (ii) in case of respective changes to correct without undue
1.4. Seller may be delay the information on the My Porsche Portal insofar such
(i) Porsche Sales & Marketplace or information is mandatory for the performance of the Porsche ID-
(ii) a third party seller (including other Porsche entities) (hereafter Contract. Such mandatory information is marked as such when
referred to as Third Party Seller), requested on the My Porsche Portal or on the Marketplace.
who provides Customers with access to their own Marketplace store,
under which they provide and sell Products and/or Services. 2.2. Transfer and Termination of Porsche ID-Contract
1.5. These T&C apply to: 2.2.1. A Porsche ID-Contract existing with a Customer may not be transferred
(i) the use of the My Porsche Portal and the Marketplace pursuant to a third party without Porsche Sales & Marketplace's approval.
to No. 2 by Customer, and
(ii) sales via the Porsche Connect Store pursuant to No. 3. 2.2.2. Customer may terminate the Porsche ID-Contract as a whole at any
These T&C shall also apply to all future transactions with Customer. time. Porsche Sales & Marketplace may end the Porsche ID-Contract
The application of Customer's conflicting, deviating or supplementary at any time on reasonable notice, for example if Customer is in breach
terms and conditions shall be excluded. by not making a payment or not providing information, which is
necessary for provision of the Products or Services. Porsche Sales &
2. Conditions of Use of the My Porsche Portal and the Marketplace is in particular entitled to suspend or, in serious cases,
Marketplace for Customers exclude individual Customer from the My Porsche Portal and the
Marketplace.
2.1. Porsche ID-Contract for the Use of the My Porsche Portal
2.2.3. The termination of the Porsche ID-Contract shall not affect any already
2.1.1. In order to use the My Porsche Portal the conclusion of a Porsche ID- concluded individual sale contracts for Products or Services between
Contract entered into between Customer and Porsche Sales & Customer and Seller. The termination of the Porsche ID-Contracts
Marketplace is necessary. The Porsche ID-Contract is concluded (a) in takes effect (i) in case the Customer has purchased any fixed-term
connection with the vehicle purchase by incorporating these T&C into Product or any fixed-term Service upon expiration of the remaining
the separate vehicle purchase agreement, (b) by acceptance through fixed-term or otherwise (ii) on four (4) weeks notice.
registration on the My Porsche Portal or (c) by acceptance at the time
of booking one or several Porsche Connect Services in the Porsche 2.2.4. The termination may be made in writing, via email or via the My
Connect Store as specified under No. 3 as a framework agreement Porsche Portal via the function "Delete Account".
for the provision, use and booking of Products or Services.
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2.2.5. A right of termination for cause remains unaffected by the 2.5.4. The limitations of liability as set out in No. 2.5.2 and 2.5.3 above shall
aforementioned provisions. not apply to damages caused intentionally or by gross negligence,
culpably caused personal injuries nor to any liability under the German
2.3. Use of the Marketplace by Customers Product Liability Act and in case of any further mandatory liability.
Furthermore, it shall not apply if and to the extent Porsche Sales &
2.3.1. Customers with a Porsche ID-Contract may use the Marketplace by Marketplace has assumed a guarantee.
using their log-in details. Customers without a Porsche ID-Contract may
also use the Marketplace via the function “Ordering as Guest” (to the 2.5.5. The limitations of liability set out in No. 2.5.2 and 2.5.3 shall not apply
extent available). where Customer is a UK consumer.
2.3.2. Customer may not use Products or Services for illegal purposes and 2.5.6. Customer shall take all reasonable measures necessary to avoid and
Customer will not permit that third parties will do so. Customer is not reduce damages.
entitled to process the data and information received during the use
of the Marketplace for business purposes or to disclose such data and 2.6. IP Rights
information to any third party for business purposes.
2.6.1. Notwithstanding the foregoing, Customer is obliged to respect and not
2.4. Porsche Sales & Marketplace’s Role and Performance of to infringe intellectual property rights, including but not limited to
Contracts concluded on Marketplace copyrights, designs, trademarks and patents, (hereafter referred to as
IP rights) of Porsche Sales & Marketplace, other Users and other third
2.4.1. Porsche Sales & Marketplace is the operator of the Marketplace. parties.
Porsche Sales & Marketplace and Third Party Seller may sell Products
and/or provide Services on the Marketplace. The Seller is indicated on 2.6.2. Customer shall be liable to pay Porsche Sales & Marketplace its costs
the respective product detail page. reasonably incurred as a result of claims that other Users or other third
parties assert against Porsche Sales & Marketplace due to a violation
2.4.2. Porsche Sales & Marketplace functions as mediator for transactions of their IP rights insofar as Customer is responsible for such
concluded between Customers and Third Party Seller for the sale of infringement.
Products or Services. Any such contract is solely concluded between
Customer and Third Party Seller. Porsche Sales & Marketplace in 2.6.3. Porsche Sales & Marketplace shall not be deemed to adopt any
particular does not act as a representative of any User, in particular of content relating to IP rights of third parties or other Users as its own.
any Third Party Seller. Customer shall refrain from doing anything to
create a false impression that it is endorsed by, partnering with, or 2.7. Data Protection
acting on behalf of or for the benefit of Porsche Sales & Marketplace.
In particular, Porsche Sales & Marketplace shall not be responsible Your data will be collected and processed in accordance with our
and/or held liable for any contracts entered into between Customer privacy policy which can be found at any time under [Link]
and Third Party Seller. Porsche Sales & Marketplace does not control [Link]/gb/en/t/privacy.
nor verify the information which Third Party Seller or any Customer
provide. For contracts entered into between Customer and Third Party 2.8. Use of Data
Seller further terms may apply, such as terms of use or terms of sale,
which are indicated on the respective product detail page. 2.8.1. In connection with the use of the My Porsche Portal and the use of the
Marketplace, in particular by purchasing Products or Services on the
2.4.3. In case of an order by Customer, Porsche Sales & Marketplace shall Marketplace, certain data - potentially also personal data - may be
notify the Third Party Seller and provide it with the transaction data collected in order to perform the respective contract for purchased
(e.g. Customer's name) required for the conclusion and performance Products or Services. It may for example be necessary depending on
of the contract. the purchased Product or Service for the provision of such Product or
Service to collect the status of certain parts or to collect data on the
2.4.4. In case of any disputes arising from a contract for Products or environment and to analyze such data.
Services, Seller and Customer must directly cooperate together to find
a solution. 2.8.2. Porsche Sales & Marketplace may use data as indicated in No. 2.8.1
in an anonymized form for (i) the purpose of managing and improving
2.5. Porsche Sales & Marketplace’s Liability for the use of the the quality, safety, and security of Products or Services and (ii) for
Marketplace and the Porsche ID-Contract other the purposes set out in the Privacy Policy.
2.5.1. Porsche Sales & Marketplace accepts no liability for the accuracy or 2.8.3. For the above purposes, such data may also be transferred to other
completeness of data and information provided by Customer and Third Porsche entities and other third parties that are engaged by Porsche
Party Seller. Sales & Marketplace or other Porsche entities in this context and - to
the extent such data is anonymized (see No. 2.8.2) - to other third
2.5.2. In case of slight negligence, Porsche Sales & Marketplace is liable only parties, as set out in the Privacy Policy.
for violations of material contractual obligations (cardinal obligations).
Cardinal obligations are material contractual obligations the contract 2.8.4. The usage of data according to this number will be in compliance with
is deemed to impose on Porsche Sales & Marketplace according to applicable data protection law. Further information can be found in the
its objectives and purpose and a breach of which jeopardizes the data protection and privacy information at [Link]
purpose of the contract and which are deemed to be necessary for [Link]/gb/en/t/privacy.
due and careful completion of the contract and may with good reason
be permanently relied on by Customer. This liability is limited to the 2.9. Applicable Law and Jurisdiction
typically foreseeable damage at the time of entering into the contract.
2.9.1. If the Customer is a business, Stuttgart, Germany is the exclusive
2.5.3. The personal liability of statutory representatives, agents and forum for all disputes arising from contractual agreements entered
employees of Porsche Sales & Marketplace for damages caused by into between Customer and Porsche Sales & Marketplace. If the
slight negligence is also limited to the extent described in No. 2.5.2. Customer is a consumer, Customer can bring legal proceedings in
their local courts.
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2.9.2. For all disputes arising from or in relation to this contractual 3.2.3. General User is a PSM Customer who is neither Primary nor
agreement, German law applies under the exclusion of the United Secondary User in relation to at least one Connect-able vehicle.
Nations Convention on Contracts for the International Sale of Goods Porsche Connect Store with limited scope of functions is provided to
(CISG). Despite the application of German law, Customers who are a General User. In particular the booking and configuration of vehicle
consumers also enjoy the protection of the mandatory provisions of related Porsche Connect Services is not possible, while the booking
the law of the country, in which the consumer has its habitual and configuration of vehicle independent Porsche Connect Services
residence. The application of mandatory provisions limiting the choice and PSM Products is possible.
of law and in particular the application of mandatory laws of the
country, in which the consumer has its habitual residence, such as 3.3. Conclusion of Contract
consumer protection laws, shall remain unaffected.
3.3.1. The Porsche Connect Services and PSM Products in the Porsche
2.9.3. Information regarding the online dispute resolutions for consumer Connect Store do not constitute binding offers by Porsche Sales &
disputes or regarding alternative dispute resolution for consumer Marketplace to enter into a sales contract, but merely invite the PSM
disputes can be found here: [Link] Customer to make a binding offer as to whether and which goods it
wants to order from Porsche Sales & Marketplace. The PSM Customer
2.10. Final Provisions may choose Porsche Connect Services or PSM Products from the
product range in the Porsche Connect Store and add them to the
2.10.1. Customer may assign the rights arising from the parties' shopping cart via e.g. the button "Add to Cart". Before clicking the
contractual relationship to third parties only with Porsche Sales & button "Order with Obligation to Pay" (or similar) all Porsche Connect
Marketplace's written consent. Services or PSM Products selected by the PSM Customer, their total
price including statutory VAT in the respective applicable amount as
2.10.2. If a provision of these T&C is invalid, in whole or in part, the validity well as duties, charges and shipping costs are again displayed in an
of the remaining provisions shall remain in full force and effect. order overview to the PSM Customer for review. At that stage, the
PSM Customer will have the opportunity to identify and correct any
3. Conditions of Sales via the Porsche Connect Store incorrect entries before finally placing the binding order. Before
placing the binding order, the contractual provisions including these
3.1. General T&C can be accessed once again and saved in a durable medium by
the PSM Customer. Via the button "Order with Obligation to Pay" (or
3.1.1. On the Marketplace, Porsche Sales & Marketplace provides the similar), the PSM Customer submits a binding offer for the conclusion
Customers with the Porsche Connect Store (hereafter referred to as of a sales contract on the Porsche Connect Services or PSM Products
Porsche Connect Store) in which Porsche Sales & Marketplace collected in the cart. The offer can, however, only be submitted and
provides (i) vehicle related and vehicle independent services (hereafter transferred if the PSM Customer accepts, and thereby includes in its
referred to as Porsche Connect Services) and (ii) possible further offer, these T&C by clicking a corresponding button.
products and services (hereafter referred to as PSM Products).
3.3.2. Porsche Sales & Marketplace shall confirm receipt of the PSM
3.1.2. In addition to the foregoing provisions, this No. 3 applies for the use Customer's order by e-mail. However, such confirmation of receipt is
of the Porsche Connect Store, the booking and use of Porsche not yet a legally binding acceptance of the PSM Customer’s order.
Connect Services as well as the purchase and possible use of PSM
Products by a Customer of Porsche Sales & Marketplace (hereafter 3.3.3. The contract shall only become effective once Porsche Sales &
referred to as PSM Customer). PSM Customer is a Primary User, a Marketplace has accepted the PSM Customer's offer. Porsche Sales
Secondary User and a General User as defined under No. 3.2. Porsche & Marketplace's order acceptance can be made expressly by way of
Sales & Marketplace offers a selection of different services and a declaration in text form, e.g. by sending a written order confirmation
products. For such additional conditions, such as terms of use may by e-mail, by providing the Porsche Connect Services or by Porsche
apply. Sales & Marketplace handing over the PSM Products for dispatch and
informing the PSM Customer accordingly. The sales contract shall be
3.2. Primary and Secondary Users, General Users governed exclusively by the contents of the order acceptance and
these T&C. Verbal agreements or promises shall only be valid if an
3.2.1. Primary User in relation to a Connect-able vehicle (that is a Porsche authorized employee of Porsche Sales & Marketplace has confirmed
with which Porsche Connect Services may be used) is the PSM them in writing.
Customer who is (a) the owner, (b) the keeper of the vehicle and/or (c)
a member of a user group which is explicitly permitted by Porsche 3.3.4. If the Porsche Connect Services ordered by the PSM Customer cannot
Sales & Marketplace as Primary User (in particular lessees or be delivered, e.g. because the corresponding goods are not in stock,
employees which are provided with a company car). A Connect-able or the Porsche Connect Services cannot be provided, Porsche Sales
vehicle has exactly one Primary User. For a Primary User the complete & Marketplace may refrain from accepting the order. In this case, no
scope of functions of the My Porsche Portal, the Porsche Connect contract will be concluded. Porsche Sales & Marketplace shall inform
Store and the booked Porsche Connect Services is available. In the PSM Customer thereof without undue delay.
particular, the booking and configuration of vehicle related and vehicle
independent Porsche Connect Services and PSM Products is possible. 3.3.5. The contract terms will be saved and stored after the contract has
been concluded, but are no longer accessible to the PSM Customer.
3.2.2. Secondary User in relation to a Connect-able vehicle is a PSM The PSM Customer will, however, be provided with any and all
Customer, who is not a Primary User but who is authorized as contractual provisions and these T&C (by e-mail or letter).
Secondary User by the Primary User and who has concluded a Porsche
ID-Contract. The scope of functions of the My Porsche Portal, the 3.4. Booking of Porsche Connect Services
Porsche Connect Store and the booked Porsche Connect Services
depends on the scope of rights granted by the Primary User and/or 3.4.1. Individual or several Porsche Connect Services may be booked in the
the system to the Secondary User. In particular, the booking of vehicle Porsche Connect Store in accordance with these T&C and possible
related services is not possible, while their configuration is subject to further applicable terms of use may apply. Any such additional terms
the rights granted by the Primary User and the booking and will be brought to the PSM Customer's attention before a purchase is
configuration of vehicle independent Porsche Connect Services and concluded. Insofar a provision of these T&C conflicts with the
PSM Products is generally possible. respective further terms of use, the further terms of use shall prevail.
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3.4.2. Availability, description, term, prices and payment terms of the 3.7.2. PSM Customer (with regard to a vehicle independent service) or the
Porsche Connect Services are detailed in the Porsche Connect Store Primary User (with regard to a vehicle-related service) and Porsche
and may be specified in the further terms of use. The availability of Sales & Marketplace may terminate a fixed-term Porsche Connect
vehicle related Porsche Connect Services depends on the specification Service (that is a Porsche Connect Service for which a fixed-term with
and available equipment options of the respective vehicle. an automatic prolongation of such term is agreed) with a 2 weeks
3.4.3. Vehicle related Porsche Connect Services may only be booked by a notice to the end of the fixed-term, if otherwise the term would be
Primary User for a Connect-able vehicle for which a respective Vehicle prolonged automatically. The terms of use for the respective Porsche
Link exists in the My Porsche Portal (see No. 3.4.4). These Services Connect Service may govern deviating termination modalities.
are vehicle-bound and may not be transferred to another Connect-able
vehicle or be used in another Connect-able vehicle. This also applies if 3.7.3. In case of a termination of the Porsche ID-Contract pursuant to
the Primary User of the respective Connect-able vehicle is also a No. 2.2, the Porsche Connect Services will in any case be provided to
Primary User of another Connect-able vehicle at the same time. the PSM Customer subject to the respective applicable numbers of
these T&C until the end of the respective term or their termination
3.4.4. PSM Customer may view on the My Porsche Portal whether and if so pursuant to No. 3.7.1 to 3.7.2.
which vehicles are linked with its Porsche ID-Contract (hereafter
referred to as Vehicle Link) and for which Vehicle Link they are 3.7.4. The termination pursuant to No. 3.6.2 as well as No. 3.7.1 to 3.7.2
defined as Primary User or Secondary User. If a respective Vehicle may be made in writing, via email or via the Porsche Connect Store via
Link is not displayed to a Primary User on the My Porsche Portal, the the function "Terminate Automatic Prolongation".
Primary User may request on the My Porsche Portal or through a
Porsche Center the set-up of the respective Vehicle Link. The set-up of 3.7.5. A right of termination for cause remains unaffected by the
the respective Vehicle Link can be made subject by Porsche Sales & aforementioned provisions.
Marketplace to the provision of appropriate proof and in case of a used
vehicle subject to the deletion of the relevant Vehicle Link by the 3.8. Changes to Porsche Connect services
previous Primary User according to No. 3.6.1 (i).
3.8.1. Porsche Sales & Marketplace may modify the Porsche Connect
3.5. Sales of PSM Products services for the following justifiable reasons: (i) to improve access to
and usability of Porsche Connect services, including to add new
3.5.1. Individual or several PSM Products may be purchased in the Porsche features, (ii) where the change is necessary to adjust the Porsche
Connect Store in accordance with these T&C and further terms of use Connect services to changed legal requirements, (iii) to adjust the
may apply. Any such additional terms will be brought to the PSM Porsche Connect services to technical changes or developments in
Customer's attention before purchase is concluded. Insofar a provision systems operated by us or by third parties in order to be able to
of these T&C conflicts with the further terms of use, the further terms provide the Porsche Connect services to PSM customers, or (iv) to
of use shall prevail. adjust the Porsche Connect services to technical developments in the
users' system environment.
3.5.2. Availability, description, (as the case may be) term, purchase price,
payment and delivery terms of the PSM Product are detailed in the 3.8.2. Any such change will not involve any additional costs for PSM
Porsche Connect Store and may be specified in the further terms of customers and PSM customers will be provided with clear and
use. understandable information about the change. If a change has more
than an insignificant impact on the PSM customer's ability to access
3.6. Sale and/or permanent transfer of the vehicle or use the Porsche Connect service concerned, Porsche Sales &
Marketplace will inform the PSM customer in advance within a
3.6.1. In case of sale or permanent transfer of a Connect-able vehicle to a reasonable time and via a lasting medium of the features and time of
third party (hereafter referred to as Used-Car Purchaser) the Primary the change and of their right to terminate the contract with Porsche
User has (i) to delete the respective Vehicle Link on the My Porsche Sales & Marketplace regarding the use of the Porsche Connect service
Portal and (ii) to inform the Used-Car Purchaser on any existing concerned. In this case, the PSM customer is entitled to terminate the
Porsche Connect Services for the respective Connect-able vehicle. contract free of charge within 30 days of receiving access to the
above information. If the change takes place after receipt of access to
3.6.2. In case of sale or permanent transfer of a Connect-able vehicle, the the aforementioned information, the date of the changes will replace
Primary User - in addition to its termination rights of the Porsche ID- the date of receipt of access to the aforementioned information for the
Contract pursuant to No. 2.2.2- may terminate all Porsche Connect purpose of calculating the aforementioned period. The PSM customer
Services concerning the relevant vehicle with a 2 weeks notice to the may terminate the relevant contract by sending Porsche Sales &
end of the calendar month. Insofar as a Porsche Connect Service is Marketplace (Porsche Sales & Marketplace GmbH, Porscheplatz 1, DE-
terminated before the end of its term pursuant to sentence 1, there 70435 Stuttgart, telephone number: +49 (0)800 987 1105 or +49
will be no reimbursement (not even proportionally) of the respective (0)711 911 75500, e-mail address: smartmobility@[Link])
made payment. The Used-Car Purchaser may however make use of a statement to this effect, e.g. via a letter sent by post, via an e-mail
the remaining term if it concludes a Porsche ID-Contract and books the or, where applicable, by any other technical means made available by
respective Porsche Connect Service. The Primary User is free to make us or third parties for this purpose. The PSM customer cannot,
an arrangement with the Used-Car Purchaser with respect to a however, terminate the relevant contract under this section if the
possible compensation in the amount of the remaining value of the impairment is insignificant or the customer retains access to or
Porsche Connect Services. usability of the unchanged Porsche Connect service at no additional
cost.
3.7. Term and Termination of the Porsche Connect Services
3.9. Right of Withdrawal for Consumers
3.7.1. PSM Customer (with regard to a vehicle independent service) or the
Primary User (with regard to a vehicle-related service) and Porsche If the PSM Customer is a consumer, he/she has a right of withdrawal
Sales & Marketplace may terminate a free of charge Porsche Connect for a period of 14 days in case of the (i) booking of Porsche Connect
Service without an agreed minimum term (that is a Porsche Connect Services pursuant to No. 3.3 and 3.4. and (ii) purchase of PSM
Service for which no minimum term is agreed; see insofar No. 3.7.2) Products pursuant to No. 3.3 and 3.5. Where the right of withdrawal
with a 2 weeks notice to the end of the calendar month. differs from this, specific information will be provided to the PSM
Customer.
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Instructions on withdrawal – Address of the consumer(s),
– Signature of the consumer(s) (only if this form is notified on paper),
Right of withdrawal – Date
You have the right to withdraw from this contract within 14 days without __________
giving any reason. The withdrawal period will expire after 14 days from (*) Delete as appropriate
(i) the day of the conclusion of the contract if you purchased Porsche
Connect Services and (ii) the day on which you have or a third party 3.10. Rights in case of Defects
designated by you (who is not a carrier) has received the PSM Products
purchased by you or, in the case of a contract relating to multiple PSM The statutory provisions, including, where applicable, mandatory
Products ordered by you in one order and delivered separately, from consumer rights, regarding PSM Customer’s rights in case of defects
the day on which you have or a third party designated by you (who is apply.
not a carrier) has received the last PSM Product purchased by you. To
exercise the right of withdrawal, you must inform us (Contact Porsche - 3.11. Porsche Sales & Marketplace’s Liability for Sales via the
c/o Porsche Sales & Marketplace GmbH - Bath Road, Calcot, Reading, Porsche Connect Store
RG31 7SE, Great Britain, phone number: 0808 168 5219, e-mail
address: smartmobility@[Link]) of your decision to withdraw 3.11.1. In case of slight negligence Porsche Sales & Marketplace is liable
from this contract by an unequivocal statement (e.g. a letter sent by only for violations of material contractual obligations (cardinal
post or e-mail). You may use the attached model withdrawal form, but obligations). Cardinal obligations are material contractual obligations
it is not obligatory. To meet the withdrawal deadline, it is sufficient for the contract is deemed to impose on Porsche Sales & Marketplace
you to send your communication concerning your exercise of the right according to its objectives and purpose and a breach of which
of withdrawal before the withdrawal period has expired. jeopardizes the purpose of the contract and of which are deemed to
be necessary for due and careful completion of the contract and may
Effects of withdrawal with good reason be permanently relied on by PSM Customer. This
If you withdraw from this contract, we shall reimburse to you all liability is limited to the typically foreseeable damage at the time of
payments received from you, including the costs of delivery (with the entering into the contract.
exception of the supplementary costs resulting from your choice of a
type of delivery other than the least expensive type of standard delivery 3.11.2. The personal liability of statutory representatives, agents and
offered by us), without undue delay and in any event not later than 14 employees of Porsche Sales & Marketplace for damages caused by
days from the day on which we are informed about your decision to slight negligence is also limited to the extent described in No. 3.11.1.
withdraw from this contract. We will carry out such reimbursement
using the same means of payment as you used for the initial 3.11.3. The limitations of liability as set out in No. 3.11.1 and 3.11.2
transaction, unless you have expressly agreed otherwise; in any event, above shall not apply to damages caused intentionally or by gross
you will not incur any fees as a result of such reimbursement. If you negligence, culpably caused personal injuries nor to any liability under
requested to begin the performance of services during the withdrawal the German Product Liability Act and in case of any further mandatory
period, you shall pay us an amount which is in proportion to what has liability. Furthermore, it shall not apply if and to the extent Porsche
been provided until you have communicated us your withdrawal from Sales & Marketplace has assumed a guaranty.
this contract, in comparison with the full coverage of the contract.
3.11.4. The limitations of liability set out in No. 3.11.1 and 3.11.2 shall
Information on the expiry of the right of cancellation not apply where PSM Customer is a UK consumer.
In the case of services, the right of cancellation will expire prematurely
if the service has been provided in full and the performance of the 3.11.5. PSM Customer shall take all reasonable measures necessary to
service has only commenced after the PSM customer has given avert and reduce damages.
express consent to this and at the same time confirmed their
understanding that the right of cancellation will be lost upon complete 3.12. Data protection
fulfilment of the contract. The right of cancellation will expire
prematurely in the case of contracts relating to digital content should PSM Customer is obliged to inform drivers of a vehicle for which a
the performance of the contract have commenced after the PSM Vehicle Link exists on the privacy policy of Porsche Sales &
customer has expressly consented to the performance of the contract Marketplace and the possibility of the collection of their personal data
commencing before the expiry of the cancellation period and has during the use of Porsche Connect Services.
confirmed their understanding that, by consenting, they will lose the
right of cancellation upon the commencement of the performance of Further information can be found in the privacy policy under
the contract. In addition, the statutory exceptions pursuant to [Link]
§ 312(g)(2) BGB (German Civil Code) apply.
3.13. Use of Data
To exercise the right of withdrawal, you may use the following model
withdrawal form, but it is not obligatory. 3.13.1. In connection with the use of the Porsche Connect Store, in
particular by purchasing Porsche Connect Services, certain data -
Model withdrawal form potentially also personal data - may be collected in order to perform
the respective contract for purchased Porsche Connect Services. It
(complete and return this form only if you wish to withdraw from the may for example be necessary depending on the purchased Porsche
contract) Connect Services for the provision of such service to collect the status
of certain parts or to collect data on the environment and to analyze
– To Contact Porsche - c/o Porsche Sales & Marketplace GmbH - such data.
Bath Road, Calcot, Reading, RG31 7SE, Great Britain, e-mail
address: smartmobility@[Link]: 3.13.2. Porsche Sales & Marketplace may use data as indicated in
– I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) No. 3.13.1 in an anonymized form for (i) the purpose of managing and
contract of sale of the following goods (*)/for the provision of the improving the quality, safety, and security of Porsche Connect
following service (*),
– Ordered on(*)/received on (*),
– Name of consumer(s),
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Services and Porsche Sales & Marketplace Products – UK – EN – Version 2.1
Services and/or PSM Products (including Porsche vehicles) and (ii) as between PSM Customer and Porsche Sales & Marketplace. If PSM
set out in the Privacy Policy for other commercial purposes. Customer is a consumer, PSM Customer can bring proceedings in
their local courts.
3.13.3. For the above purposes, such data may also be transferred to
other Porsche entities and other third parties that are engaged by 3.15.2. For all disputes arising from or in relation to this contractual
Porsche Sales & Marketplace or other Porsche entities in this context agreement, German law applies under the exclusion of the United
and - to the extent such data is anonymized (see No. 3.12.2) - to other Nations Convention on Contracts for the International Sale of Goods
third parties, as set out in the Privacy Policy. (CISG). Despite the application of German law, PSM Customers who
are consumers also enjoy the protection of the mandatory provisions
3.13.4. The usage of data according to this number will be in compliance of the law of the country, in which the consumer has its habitual
with applicable data protection law. Further information can be found residence. The application of mandatory provisions limiting the choice
in the data protection and privacy information at [Link] of law and in particular the application of mandatory laws of the
[Link]/gb/en/t/privacy. country, in which the consumer has its habitual residence, such as
consumer protection laws, shall remain unaffected.
3.13.5. If the PSM customer revokes a consent given by them under data
protection laws or objects to further processing of their personal data, 3.15.3. Information regarding the online dispute resolutions for consumer
Porsche Sales & Marketplace may terminate a contract for a Porsche disputes or regarding alternative dispute resolution for consumer
Connect service without observing a notice period if Porsche Sales & disputes can be found here: [Link]
Marketplace cannot reasonably be expected to continue the
contractual relationship concerned until the agreed end of the contract 3.16. Final Provisions
or until the expiry of a statutory or contractual notice period, taking
into account the scope of data processing that continues to be 3.16.1. PSM Customer may assign the rights arising from the parties'
permissible and after taking the interests of both parties into contractual relationship to third parties only with Porsche Sales &
consideration. Marketplace's written consent.
3.14. CUSTOMER SERVICE 3.16.2. If a provision of the sales contract and/or these T&C is invalid, in
whole or in part, the validity of the remaining provisions shall remain
In case of questions, claims or complaints, please contact our unaffected hereby.
customer service by
(i) e-mail: smartmobility@[Link] or
(ii) mail: Contact Porsche - c/o Porsche Sales & Marketplace Consumer information pursuant to Regulation (EU) No. 524/2013:
GmbH - Bath Road, Calcot, Reading, RG31 7SE, Great Britain. For the purpose of settling consumer disputes out of court, the European
Commission has established a platform for online dispute resolution (ODR).
3.15. Applicable Law and Jurisdiction
The ODR platform can be accessed at [Link]
3.15.1. If PSM Customer is a business, Stuttgart, Germany is the exclusive
forum for all disputes arising from contractual agreements entered into
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for the use of My Porsche Portal and Porsche’s Online Marketplace Functionalities (incl. the Porsche Connect Store) as well as the sale of Porsche Connect
Services and Porsche Sales & Marketplace Products – UK – EN – Version 2.1