Terms and Conditions for the My Porsche Portal, the Porsche Connect Store and the Porsche Connect Services as well as Porsche Products (hereafter referred to as T&C)
Porsche Smart Mobility GmbH, Porscheplatz 1, DE-70435 Stuttgart (hereafter referred to as Porsche Smart Mobility or We) provides the Customers with (a) the My Porsche Portal (hereafter referred to as Portal), (b) the Porsche Connect Store (hereafter referred to as Store), (c) vehicle related services, especially information services (hereafter referred to as Porsche Connect Services) (Portal, Store and Porsche Connect Services hereafter together referred to as Services) and (d) possible further products and services (hereafter referred to as Porsche Products).
These T&C apply for your use of the Portal, the Store and the booking and use of Porsche Connect Services as well as the purchase and possible use of Porsche Products as Customer of Porsche Smart Mobility (that is as a primary user, a secondary user and an interested party within the meaning of these T&C). Porsche Smart Mobility offers a selection of different services and products. For such additional conditions may apply in certain cases.
1. Porsche ID-Contract
1.1 In order to provide the Customer with the Services and selected Porsche Products, the conclusion of a Porsche ID-Contract entered into between the Customer and Porsche Smart Mobility is necessary. The Porsche ID-Contract is concluded (a) in connection with the vehicle purchase by incorporating these T&C into the separate vehicle purchase agreement, (b) by acceptance through registration on the Portal or (c) by acceptance at the time of booking one or several Porsche Connect Services in the Store as a framework agreement for the provision, use and booking of Services. The Porsche ID-Contract alone (that means without any booking of Porsche Connect Services or without any purchase of Porsche Products) does not impose any purchase obligation and/or payment obligation on the Customer.
1.2 The content of the Porsche ID-Contract is determined by these T&C, in each case in their most recent version at the time of the conclusion of the Porsche ID-Contract. If Porsche Smart Mobility amends these T&C after the conclusion of a Porsche ID-Contract, the changes will be valid as of acceptance by the Customer.
1.3 The Customer is obliged (a) to provide accurate and truthful information about his/her person at the time of registration on the Portal and (b) in case of respective changes to correct without undue delay the information on the Portal insofar such information are mandatory for the performance of the Porsche ID-Contract. Such mandatory information are marked as such when requested on the Portal and the Store.
2. Primary- and secondary users, interested parties
2.1 Primary users in relation to a Connect-able vehicle (that is a Porsche with which Porsche Connect Services may be used) is the 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 Connect as primary user (in particular lessees or employees which are provided with a company car). A Connect-able vehicle has exactly one primary user. For a primary user the complete scope of functions of the Portal, the Store and the booked Porsche Connect Services is available.
2.2 Secondary users in relation to a Connect-able vehicle is a Customer, who is not a primary user but who is authorized as secondary user by the primary user and who has concluded a Porsche ID-Contract. The scope of functions of the Portal, the Store and the booked Porsche Connect Services depends on the scope of rights granted by the primary user and/or the system to the secondary user.
2.3 Interested party is a Customer who is neither primary nor secondary user in relation to at least one Connect-able vehicle (in particular a potential purchaser of a Connect-able vehicle). If at all, the Portal with limited scope of functions is provided to an interested party (in particular the booking and configuration of Porsche Connect Services is not possible).
3. Booking of Porsche Connect Services
3.3 The Porsche Connect Services booked by the relevant Primary User 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 the Primary User of the respective Connect-able vehicle is also a Primary User of another Connect-able vehicle at the same time.
3.4 Customers may view on the Portal whether and if so which vehicles are linked with their Porsche ID-Contract (hereafter referred to as Vehicle Link) and for which Vehicle Link they are defined as Primary or Secondary Users. If a respective Vehicle Link is not displayed to a Primary User on the Portal, the Primary User may request on the Portal or through a Porsche Center the set-up of the respective Vehicle Link on the Portal. The set-up of the respective Vehicle Link can be made subject by Porsche Smart Mobility to the provision of appropriate proof and in case of a used vehicle subject to the deletion of the relevant Vehicle Link by the previous Primary User according to No. 6.1 (1).
4. Use of Services
4.1 The Customer may not use the Services for illegal purposes and the Customer will not permit that third parties will do so. The Customer is not entitled to process the data and information received during the use of the Services for business purposes or to disclose such data and information to any third parties for business purposes.
4.2 The Customer acknowledges that in connection with the use of Services certain data - potentially also personal data - will be collected in order to provide the Services to the Customer. It may for example be necessary depending on the booked Porsche Connect Service for the provision of the respective Porsche Connect Service to collect the status of certain parts or to collect data on the environment and to analyze such data. For these purposes, such data may also be transferred to other Porsche entities and other third parties that are engaged by Porsche Smart Mobility or other Porsche entities in this context.
5. Purchase of Porsche Products
5.3 Please note that the purchase of Porsche Products may be subject to other and farther-reaching conditions. Insofar this is the case, we will expressly indicate this prior to the purchase.
6. Sale and/or permanent transfer of the vehicle; Transfer of the Porsche ID-Contract
6.1 In case of sale or permanent transfer of a Connect-able vehicle to a third party (hereafter referred to as Used-Car Purchaser) the Primary User has (1) to delete the respective Vehicle Link on the Portal and (2) to inform the Used-Car Purchaser on any existing Porsche Connect Services for the respective Connect-able vehicle.
6.2 In case of sale or permanent transfer of a Connect-able vehicle, the Primary User - in addition to his/her termination rights pursuant to No. 7 - (1) may terminate all Porsche Connect Services concerning the relevant vehicle and (2) in case that no further vehicle is linked to the Porsche ID-Contract, may also terminate the Porsche ID-Contract as a whole with a 2 weeks notice to the end of the month. Insofar as a Porsche Connect Service is terminated before the end of its term pursuant to sentence 1, there will be no reimbursement (not even proportionally) of the respective made payment. The Used-Car Purchaser may however make use of the remaining term if he/she concludes a Porsche ID-Contract and books the respective Porsche Connect Service. The primary user is free to make an arrangement with the Used-Car Purchaser with respect to a possible compensation in the amount of the remaining value of the Porsche Connect Services.
6.3 A Porsche ID-Contract existing with a Customer may not be transferred to a third party without the Porsche Smart Mobility's approval.
7. Term and Termination of the Porsche ID-Contract and the Porsche Connect Services
7.1 The Primary User and Porsche Smart Mobility may terminate a free of charge Porsche Connect Service without an agreed minimum term (that is a Porsche Connect Service for which no minimum term is agreed; see insofar No. 7.2 below) with a 2 weeks notice to the end of the month.
7.3 The Customer and Porsche Smart Mobility may terminate the Porsche ID-Contract as a whole at any time, in case no vehicle is linked to the Porsche ID-Contract.
7.4 The Customer and Porsche Smart Mobility may terminate the Porsche ID-Contract with a 2 weeks notice to the end of the month. The Porsche Connect Services will in any case be provided to the Customer subject to the respective applicable numbers of these T&C until the end of the respective term or their termination pursuant to No. 7.1 to 7.3.
7.5 The termination pursuant to No. 6.2 as well as No. 7.1 to 7.4 may be made in writing, via email or via the Portal as follows.
With respect to No. 7.2 via the function "Terminate Automatic Prolongation";
With respect to No 7.3 via the function "Delete Account".
7.6 A right of termination for cause remains unaffected by the aforementioned provisions.
8. Right of withdrawal for consumers
If the Customer is a consumer according to Sec. 2 of the Consumer Rights on Contracts Regulations 2013, he/she has a right of withdrawal for a period of 14 days in case of the conclusion of the contract pursuant to No. 1.1 and 3.1. A deviating right of withdrawal may apply for Customers that are consumers within the meaning of Sec. 2 of the Consumer Rights on Contracts Regulations 2013 for the purchase of Porsche Products, pursuant to No. 5.1; in such case a specific information will be provided. Consumer pursuant to Sec. 2 of the Consumer Rights on Contracts Regulations 2013 means an individual who is acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession. In the following, the Customer is instructed on his/her right of withdrawal:
Instructions on withdrawal
Right of withdrawal
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 the day of the conclusion of the contract. To exercise the right of withdrawal, you must inform us (Porsche Connect Support - c/o Porsche Smart Mobility GmbH - P.O. Box 120144 - DE-10591 Berlin, phone number: +44 20 36971995, e-mail address: firstname.lastname@example.org
) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
To Porsche Connect Support - c/o Porsche Smart Mobility GmbH - P.O. Box 120144 - DE-10591 Berlin, e-mail address: email@example.com
– I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
– Ordered on(*)/received on (*),
– Name of consumer(s),
– Address of the consumer(s),
– Signature of the consumer(s) (only if this form is notified on paper),
(*) Delete as appropriate
9. Defect rights
The statutory provisions regarding defects apply.
10.1 Porsche Smart Mobility accepts no liability for the accuracy and actuality of data and information provided via the Services by third parties.
10.2 In case of slight negligence Porsche Smart Mobility is liable only for violations of material contractual obligations (cardinal obligations); hence such obligations the contract is deemed to impose on Porsche Smart Mobility according to its objectives and purpose or the very fulfilment of which are deemed to be necessary for due and careful completion of the contract and may with good reason be permanently relied on by the Customer. This liability is limited to the typically foreseeable damage at the time of entering into the contract.
10.3 The personal liability of statutory representatives, agents and employees of Porsche Smart Mobility for damages caused by slight negligence is also limited to the extent described in No. 10.2.
10.4 The limitation of liability as set out above shall not apply to damages caused intentionally or by gross negligence, culpably caused personal injuries nor to any liability under the German Product Liability Act and in case of any further mandatory liability. Furthermore, it shall not apply if and to the extent Porsche Smart Mobility has assumed a guaranty.
11. Data protection
12. Final provisions
12.1 To the extent that the Customer is a merchant, a legal person under public law or a special assets (Sondervermögen) under public law, Stuttgart, Germany is the exclusive forum for all disputes arising from contractual agreements entered into between the Customer and Porsche Smart Mobility.
12.2 For all disputes arising from or in relation to this contractual agreement, German law applies under the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). The statutory provisions limiting the choice of law and in particular the application of statutory laws of the country, in which the Customer as a consumer has its habitual residence, remain unaffected.