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, Germany (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 possible purchase and use of Porsche Products as Customer of Porsche Smart Mobility (that is as a Primary User, a Secondary User or an interested party within the meaning of these T&C). Porsche Smart Mobility offers a selection of different services and products, for which additional terms and 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, in each case as a framework agreement for the provision, use and booking of Services and any Porsche Products. 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 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 as such information is mandatory for the performance of the Porsche ID-Contract. Mandatory information is marked as such when requested on the Portal and through the Store.
2. Primary Users and Secondary Users, interested parties
2.1 A Primary User 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 person legally authorised by the owner to exclusively use the vehicle (e.g., a vehicle lessee) 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 only 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 A Secondary User in relation to a Connect-able vehicle is a Customer, who is not a Primary User but who is authorised 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 Porsche Connect to the Secondary User, as stated in the system.
2.3 Interested party is a Customer who is neither Primary User nor Secondary User in relation to at least one Connect-able vehicle (in particular, a potential purchaser of a Connect-able vehicle). The Portal with limited scope of functions may be provided to an interested party for demonstration purposes (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 which vehicles (if any) are linked with their Porsche ID-Contract (hereafter referred to as Vehicle Link) and for which Vehicle Link the Customer is defined as Primary Users 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 of legal ownership or authority to use the vehicle 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 third parties to 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 terms and conditions. Insofar as 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 must (1) delete the respective Vehicle Link on the Portal and (2) inform the Used-Car Purchaser of any existing Porsche Connect Services in effect 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 Connect-able vehicle and (2) if no further vehicle is linked to the Porsche ID-Contract, may also terminate the Porsche ID-Contract as a whole upon not less than 2 weeks notice to expire at the end of the month in which such termination occurs. Insofar as a Porsche Connect Service is terminated before the end of its term pursuant to sentence 1, there will be no reimbursement (whether full or pro-rated) of any payment made in respect of purchased Porsche Connect Services. 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 possible compensation for use the existing Porsche Connect Services associated with such vehicle, but Porsche Connect has no involvement or liability in connection with any such transaction.
6.3 A Porsche ID-Contract existing with a Customer may not be transferred to a third party without Porsche Smart Mobility's prior 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 each terminate a free of charge Porsche Connect Service which has no minimum term (that is a Porsche Connect Service for which no minimum term is agreed) by giving notice to the other party at least 2 weeks prior to the end of the month in which termination is to occur.
7.3 The Customer and Porsche Smart Mobility may each terminate the Porsche ID-Contract as a whole at any time upon giving notice to the other party, if no vehicle is linked to the Porsche ID-Contract.
7.4 The Customer and Porsche Smart Mobility may each terminate the Porsche ID-Contract by giving notice to the other party at least 2 weeks prior to the end of the month in which termination is to occur. The Porsche Connect Services will in any case be provided to the Customer in accordance with these T&C until the end of the respective term unless otherwise terminated pursuant to Nos. 7.1 to 7.3.
7.5 Termination pursuant to No. 6.2 as well as Nos. 7.1 to 7.4 must be made in writing or via email or for terminations under Nos. 7.2 and 7.3, via the Portal as follows:
(a) With respect to No. 7.2 via the function "Terminate Automatic Prolongation";
(b) 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
Customers who are consumers (i.e. who have entered into the Porsche-ID Contract in a capacity not related to the Customer’s trade, business, craft or profession), have a right to withdraw from the Porsche-ID Contract without giving any reason, subject to the terms below:
In respect of Porsche Connect Services, or Porsche Products consisting of services, he/she has a right of withdrawal for a period of 14 days from the date on which the contract is concluded, pursuant to Nos. 1.1 and 3.1.
In respect of physical Porsche Products, he/she has a separate right of withdrawal for a period of 14 days from the date the Customer receives delivery of the physical Porsche Products.
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:
(a) after 14 days from the day of the conclusion of the contract in respect of Porsche Connect Services or Porsche Products consisting of services; or
(b) after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you, acquires, physical possession of physical Porsche Products.
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, Germany, phone number: 1800 511713, 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.
In the event that the payment method of the original transaction for the repayment is not available, the repayment will be made by bank transfer to a bank account you specify.
You shall send back any physical Porsche Products or hand them over to us at:
Porsche Smart Mobility GmbH, Porscheplatz 1, DE-70435 Stuttgart, Germany
You are only liable for any diminished value of any physical Porsche Products resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
If you requested the commencement of the performance of any Porsche Connect Services or Porsche Products consisting 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 your withdrawal from this contract to us, in comparison with the full coverage of the contract.
Model withdrawal form
(complete and return this form only if you wish to cancel the contract)
To Porsche Connect Support - c/o Porsche Smart Mobility GmbH - P.O. Box 120144 - DE-10591 Berlin, Germany, e-mail address: email@example.com
- I/We (*) hereby give notice that I/We (*) cancel 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. Complaints Handling Policy
Information regarding Porsche Smart Mobility’s Complaints Handling Policy can be found here:
10. Limitation of Liability
10.1 To the extent permitted by applicable law, and except as expressly set forth in these T&C or the additional terms applicable to a particular Service or Porsche Product, the Services and Porsche Products are provided ‘as is’ and Porsche Smart Mobility hereby disclaims and excludes any and all implied representations, warranties, conditions, guarantees or other terms of any kind (whether arising under statute, course of dealing, trade usage or otherwise) in respect of the Services and Porsche Products. Without limiting the foregoing, Porsche Smart Mobility accepts no liability for the accuracy and currency of data and information provided via the Services by third parties.
10.2 To the extent permitted by applicable law and subject to No. 10.4, Porsche Smart Mobility hereby disclaims and excludes any and all liability for: (i) consequential, indirect, special, incidental, exemplary and punitive damages; (ii) loss of profits; (iii) loss of goodwill; (iv) loss of anticipated savings; (v) business interruption; (vi) loss of use; and (vii) loss of business, business opportunity or business information, in each case to the extent arising directly or indirectly out of or connected in any way with these T&C (including as a result of the Customer or anyone else using the Services or any Porsche Products), whether arising in contract, breach of statutory duty, tort (including negligence), strict liability or otherwise, and even if Porsche Smart Mobility was or should have been aware of, or was advised, of the possibility thereof.
10.3 To the extent permitted by applicable law and subject to No. 10.4, the maximum aggregate liability of Porsche Smart Mobility under or in connection with these T&C (including Customer or anyone else’s use of the Services or any Porsche Products) whether arising in contract, breach of statutory duty, tort (including negligence), strict liability or otherwise, shall in all circumstances be limited to the greater of: (i) the total amount paid by the Customer for the relevant Porsche Connect Service or Porsche Product; and (ii) the sum of € 1,000.
10.4 The limitations of liability as set out above in this No. 10 shall not limit or exclude the liability of Porsche Smart Mobility for: (i) death or personal injury caused by negligence; (ii) fraud or fraudulent misrepresentation; (iii) breach of the Customer’s statutory rights, including those arising under the Sale of Goods Act 1893 (as amended by the Sale of Goods and Supply of Services Act 1980) and the Consumer Protection Act 2007; (iv) defective products to the extent that it is not permitted to exclude or limit liability for defective products under the Liability for Defective Products Act 1991; and (v) any other liability that cannot be excluded or limited by applicable law.
11. Data protection
12. Final provisions
12.1 To the extent that the Customer is a business and/or a legal person, Stuttgart, Germany is the exclusive forum for all disputes arising under or in connection with these T&C or any other contractual agreements entered into between the Customer and Porsche Smart Mobility. If the Customer is a consumer (as defined in No. 8) he/she can bring legal proceedings in respect of the Services and the Porsche Products or otherwise relating to these T&C in the Irish courts or in the German courts.
12.2 For all disputes and any other matters arising from or relating to these T&C or any other contractual agreement entered into between the Customer and Porsche Smart Mobility, Irish law applies and the application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is hereby excluded.
12.3 Information regarding the online dispute resolution for consumer disputes or regarding alternative dispute resolution for consumer disputes can be found here: