Terms and conditions
Section 1 Applicability
The following terms and conditions apply to deliveries made by Dr. Ing. h.c. F. Porsche AG (“Porsche AG”; refer to Contact) to meet orders placed in Porsche’s Online Shop (at porsche.com). The Customer’s own terms and conditions do not apply even if this is not explicitly stated.
Section 2 Conclusion of the contract
2.1 Offers in the Porsche Online Shop do not constitute binding offers to enter into a contract.
2.2 You place a legally binding order in the Online Shop. You will be bound by the order for a period of two (2) weeks of placing the order; this does not affect your right to cancel and return under section 3.
2.3 We will confirm receipt of orders placed on our Online Shop by email as soon as practicable after receipt of your order. An email does not constitute binding acceptance of the order, unless the email confirms acceptance as well as receipt of the order.
2.4 A contract is only deemed to have been concluded if we issue a statement of acceptance or accept the order by making delivery of the ordered goods.
2.5 We will not issue a declaration of acceptance if it is not possible to deliver the goods you have ordered, for example because the goods are not available. In this case a contract will not be concluded. We will notify you of such lack of availability as soon as is practicable and will refund any sums you have already paid.
Section 3 Cancellation rights notice and form
If you are a consumer (i.e. a natural person placing an order for a particular purpose which is neither commercial nor self-employed in nature), you have the right in law to cancel as explained in the following:
You have the right to change your mind and cancel this contract within fourteen days without giving any reasons for doing so.
The period in which you can change your mind is fourteen days from the day on which you or a third party named by you, but who is not the carrier, have or has taken possession of the goods. If you wish to exercise your right to cancel you must contact us (Dr. Ing. h.c. F. Porsche AG, Porscheplatz 1, 70435 Stuttgart, Germany, tel: +49 (0)711/911 - 23430, email: email@example.com) by sending a clear statement (e.g. a letter sent by post, fax or email) notifying us of your decision to cancel this contract. If you wish you can, but do not have to, use the enclosed model cancellation form for this purpose.
In order to cancel within the cancellation period it is sufficient for your notice to cancel to have been sent before the period expires.
Consequences of cancellation
If you cancel this contract, we must refund to you all monies paid to us, including costs of delivery (with the exception of the additional costs incurred if you have chosen a form of delivery other than the cheapest standard delivery offered by us), as soon as practicable but at the latest within fourteen days of the day on which your notification of cancellation of this contract is received by us. Unless an alternative has been explicitly agreed, we will refund you using the same means of payment used by you for the original transaction; in no circumstances will you be charged additionally for such refund. We will be entitled to refuse repayment until the goods have been returned to us or until you provide evidence that you have returned the goods, whichever is earlier.
You must return or transfer the goods to us as soon as practicable atDr. Ing. h.c. F. Porsche AG
c/o LOEWE Logistics & Care GmbH & Co. KG
and in all cases within fourteen days of the day on which you notify us of cancellation of this contract. This period will be deemed to have been complied with if you send the goods back before the fourteen day period has expired.
You will only be liable for any potential loss of value of the goods if such loss of value is due to unnecessary handling of the goods for the purposes of inspection by you of their properties, characteristics and functioning.
Model cancellation form
You can but do not have to use the following model form to cancel your order:
Download Model cancellation form
Section 4 Prices and payment
All prices are stated in euros and include statutory value added tax. A flat-rate postage charge is also made. The available payment options are stated in the Porsche Online Shop.
Section 5 Delivery, condition of goods
Deliveries are made at the stated cost to the delivery address provided by the Customer. Delivery will be made upon full payment, including of the flat-rate postage charge, or if you are entitled to assert the defence available under section 320 German Civil Code, BGB and at your request, concurrently upon payment of the full purchase price plus flat-rate postage charge.
We reserve the right until delivery is made to make customary business modifications, including but not limited to improvements in the goods, provided that this does not unreasonably affect the Customer’s interests.
Section 6 Warranty
6.1. Porsche AG is liable in law, subject in particular to sections 434 ff. German Civil Code, BGB. The limitation period for claims for defects in law is two years from delivery of the goods.
6.2 Any manufacturer’s guarantees granted are additional to claims for defective workmanship or legal defects within the meaning of 1. above. These guarantees are laid down in detail in the guarantee terms attached to the articles.
Section 7 Liability
7.1 Porsche AG shall be liable to you in all cases of contractual and noncontractual liability for wilful intent and gross negligence in accordance with statutory provisions on compensation or reimbursement for wasted expenditure.
7.2 In other cases, Porsche AG shall be liable – except as provided otherwise in section 3 – only for breach of a contractual duty which must be complied with for the proper performance of the contract at all and which you, the Customer, would normally expect to be honoured (cardinal duty), thereby limited to compensation for foreseeable and typical losses. In all other cases, our liability is excluded subject to the provisions in section 3.
7.3 Our liability for damages arising as a result of loss of life, limb and impairment of health and under the German Product Liability Act (Produkthaftungsgesetz) remains unaffected by the limitation and disclaimer of liability referred to above.
Section 8 Retention of title
Until the purchase price and the flat-rate postage charge have been paid in full the goods remain the property of Porsche AG, including until the Customer is able to obtain a refund of payment made.
Section 9 Right of set-off and retention
The Customer shall only be entitled to offset against undisputed claims or claims which have been recognised by declaratory judgement. The Customer is only entitled to exercise the right of withdrawal in relation to claims arising from the same legal relationship.
Section 10 Governing law, place of jurisdiction
10.1 German law applies to all disputes arising from this contractual relationship to the exclusion of the United Nations Convention on Contracts for the International Sales of Goods. This does not affect the statutory regulations restricting the choice of law and the application of mandatory regulations, including but not limited to those of the state in which the Customer is normally resident as consumer.
10.2 If you are a registered trader and have your registered office in Germany at the time you place your order, the exclusive legal venue is the registered office of Porsche AG. The applicable legal regulations apply with regard to local and international jurisdiction.
Section 11 Consumer dispute resolution
Porsche AG is neither willing nor required to participate in dispute settlement proceedings before a consumer conciliation board.
We trust you appreciate that we are unable to offer Tequipment products online if such products require installation or assembly by a specialist. Please contact your Porsche partner in such cases.