These General Business Terms and Conditions shall be the basis for all contracts made by Porsche Lifestyle GmbH & Co. KG, Groenerstraße 5, D-71636 Ludwigsburg (hereinafter: Porsche Design Online Shop) with users via the online sales channel of the Porsche Design Online Shop. The customer’s general business terms and conditions shall not apply, even if they have not been expressly refuted.
§2 DELIVERY ZONE / CUSTOMER ADDRESS
The following supply restrictions apply:
Porsche Design Online Shop shall only supply customers whose delivery and invoice addresses are in one of the following countries: Germany, Austria, United Kingdom, France, Spain (except the Canary Islands), Italy, Denmark, Estonia, Finland, Luxembourg, Sweden, Belgium, Bulgaria, Romania, Ireland, Latvia, Lithuania, Netherlands, Norway, Poland, Portugal, Switzerland, Slovakia, Slovenia, Czech Republic, Hungary and Greece.
The Porsche Design Online Shop also delivers to customers with shipping and billing addresses in Switzerland or Norway. Any customs duties incurred will be paid by the Porsche Design Online Shop.
No deliveries shall be made outside these countries.
§3 CONCLUSION OF CONTRACT OF SALE
Contracts shall be made in German or in English. The offering of products on the web pages of the Porsche Design Online Shop shall not constitute a binding offer to make a contract. These offers shall merely invite the customer to make a binding declaration of what, if any, product he wishes to order. The customer’s order shall constitute a binding offer to make a contract of sale for the goods that have been ordered by the customer. The contract shall come into existence when the Porsche Design Online Shop accepts the order.
In particular, the Porsche Design Online Shop shall be entitled to check first whether it is possible to deliver the goods. The Porsche Design Online Shop may express explicit acceptance in text form, e.g. by sending acceptance of the contract by e-mail, or implicitly through the fact that the Porsche Design Online Shop has sent the goods for dispatch or begun performance of the service. A mere acknowledgement of receipt of the customer’s order by the Porsche Design Online Shop shall not constitute acceptance of that order. Once the contract has been made, the Porsche Design Online Shop will not store the contract in a form that is accessible to the customer.
You consent to receiving invoices in electronic form via e-mail. A paper invoice will be enclosed with your order. In the case of partial deliveries, the invoice will accompany the partial delivery with the highest gross invoice amount.
§4 REVOCATION INSTRUCTIONS AND FORM
If you are a consumer, you a have a revocation right in the cases provided for by law (Section 312g German Civil Code) to which the following information applies:
You are entitled to withdraw from this contract within fourteen days without giving any reason.
The deadline for withdrawal is fourteen days from the date on which you or a third party designated by you who is not the carrier takes possession of the goods or in the event the contract is to deliver the goods in several part consignments or items from the date on which you or a third party designated by you who is not the carrier takes possession of the final part consignment or last item.
To exercise your revocation right, you need to send us (Porsche Lifestyle GmbH & Co. KG, Groenerstrasse 5, 71636 Ludwigsburg, Germany, Tel. + 49 (0) 711/911 0, fax + 49 (0) 711/911 12880, e-mail: email@example.com) an unequivocal statement (e.g. a letter sent by regular mail, a fax or an e-mail) expressing your decision to withdraw from this contract.
The deadline for withdrawal shall be deemed complied with if you send notification expressing your desire to exercise the revocation right before expiry of the deadline for withdrawal.
Consequences of revocation
If you withdraw from this contract, we must refund all payments received from you, including the delivery costs (except for any additional costs that may have arisen if you chose a delivery method other than the most economical standard delivery method offered by us), without undue delay and at the latest within fourteen days from the date on which we received notification regarding your withdrawal from the contract. For this refund we will use the same method of payment as used by you in the original transaction, unless expressly agreed otherwise with you. In no case will we charge any fees for refunding the payment. We may refuse to refund the payment until we have received the returned goods or until you have submitted proof of returning the goods, whichever event occurs first.
You must return or deliver the goods to
Porsche Lifestyle GmbH & Co. KG
c/o LOEWE Logistik & Service GmbH & Co. KG
without undue delay and in any case at the latest within fourteen days of the date on which you notify us that you are withdrawing from this contract. The return period shall be deemed complied with if you send the goods before the 14-day period expires.
You are responsible for the direct costs of returning the goods to us.
You only need to pay for any loss in value of the goods if this loss in value is due to any handling of the goods by you that was not necessary to examine the nature, properties and functionality of the goods.
§5 PRICES AND PAYMENT
All prices are in EUR and include VAT at the applicable statutory rate. The shipping costs shall be added.
Prices and all elements included in the price, e.g. postage and packing, supplements or tax (hereinafter: payment) for each order shall be displayed to the customer on the Porsche Design Online Shop’s web pages before the order is placed. Possible payment methods shall be displayed to the customer in the Porsche Design Online Shop. If a credit card payment, credit transfer or direct debit is unpaid, revoked or returned, the bank charges thereby incurred by the Porsche Design Online Shop shall be borne by the customer.
For discounts and/or discounted or free products (gifts) that are granted if minimum order values have been reached, the following shall apply in case of returns/withdrawal of the purchase order: (i) the granted discounts shall be void if a return reduces the minimum order value; (ii) if a return causes the price to fall below the minimum order value, discounted or free products (gifts) must either be returned as well or the customer can keep the gift by purchasing it for the regular sales price when concluding the purchase contract.
The Porsche Design Online Shop shall make no delivery until payment has been received or shall make delivery concurrently against payment. The delivery time is normally approximately 3 working days (for shipping within Germany) and approximately 5 working days (for shipping outside of Germany) from the receipt of payment, up to, but not exceeding 30 working days after the duly release of the payment.
§7 WARRANTY / LIABILITY
7.1. The liability of the Porsche Design Online Shop is as provided for in statutory warranty regulations and in any other warranties which may have been granted. Notwithstanding this, damage claims or reimbursement of expenses claims are subject to clauses 7.2 and 7.3.
7.2 The Porsche Design Online Shop shall be liable for simple negligence only if there is a breach of cardinal obligations. Cardinal obligations are material contractual obligations, a breach of which endangers the purpose of the contract and compliance with which the contractual partner is normally entitled to expect. In the event of a simply negligent breach of cardinal contractual obligations, the liability of the Porsche Design Online Shop shall be limited to compensating the typical damage that was foreseeable by the Porsche Design Online Shop when the contract was made. In all other respects the Porsche Design Online Shop will accept no liability for simple negligence.
7.3. The provisions of clause 7.2. shall not apply to claims
These exceptions shall remain subject to statutory regulations.
7.4. In addition to clauses 7.2 and 7.3, the following applies to products with a data memory (e.g. mobile telephones, laptops): The customer is responsible for regularly and fully backing up his data. The Porsche Design online shop is therefore liable for damage due to the loss of data only to the extent that the damage would still have occurred if the data had been properly and regularly backed up.
§8 RESERVATION OF TITLE
Until full payment has been made, the goods shall remain the property of the Porsche Design Online Shop. If payment is made by means of a payment order to a bank or financial institution, full payment shall not be deemed to have been made until the unconditional, non-returnable amount has been credited to the account of the Porsche Design Online Shop.
§9 USER ACCOUNT
If the customer uses the Porsche Design Online Shop and registers to do so, the customer shall treat his account and password as confidential. If the customer has reason to believe that his account was misused by third parties the customer shall inform the Porsche Design Online Shop of this without undue delay.
§10 NON-CASH BENEFIT
Notes on the non-cash benefit for Porsche Group employees
Please note that the goods offered or the associated non-cash benefit are subject to tax and social security contributions. The final consumer price (incl. VAT) at the time the benefit is granted is used as the basis for assessment, less a 4% valuation discount.
The discounts mentioned in the following are generally subject to income tax and social security contributions. The basis used for the individual taxation assessment is derived from the current applicable income tax and social security regulations. Taxes and social security contributions on discounts granted are generally borne by the employee as the recipient of the discount. Taxation and contribution payments are processed by the Dr. Ing. h.c. F. Porsche AG (MAE) and are initiated by the purchase process.
10.1 Discounts granted to company employees (PLX)
When granting employee discounts to company employees, the discount allowance according to § 8(3) sentence 2 EStG (Einkommensteuergesetz [Income Tax Act]) applies up to a total of EUR 1,080 per year. Any amounts exceeding the discount allowance are taxable and subject to social security contributions, which are charged as part of the payroll accounting at the employee's expense according to the employee's individual tax or contribution rate. All other discounts and similar benefits from your own employer, for which the legal requirements for the discount allowance according to § 8(3) sentence 2 EStG are not met, are taxed as part of the payroll accounting at the expense of the employee as the recipient of the discount. As far as legally permissible, taxation according to § 37b EStG plus additional taxes will be charged to the employee as the recipient of the discount.
10.2 Discounts granted to employees of other Porsche Group companies
Any discounts that one Porsche Group company grants to employees of other Porsche Group companies do not fall within the scope of the discount allowance. Discounts granted are taxed as part of the payroll accounting at the expense of the employee as the recipient of the discount. As far as legally permissible, taxation according to § 37b EStG plus additional taxes will be charged to the employee as the recipient of the discount. This is only possible if the discounts granted and any other benefits-in-kind from the company responsible for granting the discount do not exceed EUR 10,000 per year. Any discounts granted beyond this amount will be charged to the employee according to their individual tax or contribution rate and will be subject to taxation and social security contributions. Individual discounts of more than EUR 10,000 are generally taxed according to the individual tax or contribution rate of the employee as the recipient of the discount at the employee's own expense.
10.3 Discounts granted to employees of international Group companies
Employees of international Porsche Group companies generally receive an employee discount on products from the Porsche Design Online Shop. Employees of international group companies are responsible for the correct taxation of the employee discounts granted in their country of residence or place of habitual residence. Taxation of the discount is not carried out by Porsche AG. When buying Porsche Design products, employees receive a certificate of the discount granted and a note on the receipt that they are responsible for paying taxes. Recipients of the discount are required to confirm to Porsche AG by signing a separate receipt that they will report the discount granted to their employer for tax purposes. The department granting the discount is responsibe for ensuring that the signed receipt is properly filed. For further information please read Porsche Group Guideline P47.
§11 RIGHTS TO SET OFF AND RETENTION RIGHTS
The customer’s right to offset shall apply only to undisputed or legally established receivables. The customer’s right of retention shall be exercised only with regard to receivables arising from the same legal relationship.
§12 APPLICABLE LAW
For all disputes arising from or in relation to this contractual relationship, 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.
The european commission provides a platform for online dispute resolution (OS). This platform is available at http://ec.europa.eu/consumers/odr/.
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