General Business Terms and Conditions shall be the basis for all contracts made
by Porsche Lizenz- und Handelsgesellschaft mbH & Co. KG, Groenerstraße 5, D-71636
Ludwigsburg (hereinafter: Porsche Design Onlineshop) with users via the online
sales channel of the Porsche Design Onlineshop. The customer’s general business
terms and conditions shall not apply, even if they have not been expressly
§2 Delivery zone / customer address
following supply restrictions apply:
Design Onlineshop shall only supply customers whose delivery and invoice
addresses are in one of the following countries: Federal Republic of 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. No deliveries shall be made
outside these countries.
§3 Conclusion of contract of sale
shall be made in German or in English. The offering of products on the web
pages of the Porsche Design Onlineshop 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 Onlineshop accepts the order.
particular, the Porsche Design Onlineshop shall be entitled to check first
whether it is possible to deliver the goods. The Porsche Design Onlineshop 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
Onlineshop 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
Onlineshop shall not constitute acceptance of that order. Once the contract has
been made, the Porsche Design Onlineshop will not store the contract in a form
that is accessible to the customer.
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
entitled to withdraw from this contract within fourteen days without giving any
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.
your revocation right, you need to send us (Porsche Lizenz- und
Handelsgesellschaft mbH & 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. You may, but are not
obliged to, use the enclosed sample revocation form for this purpose.
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
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.
return or deliver the goods to
Porsche Lizenz- und
Handelsgesellschaft mbH & Co. KG
c/o LOEWE Logistik & Service GmbH & Co. KG
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
responsible for the direct costs of returning the goods to us.
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.
but are not obliged to, use the sample revocation form in the link below to
exercise the revocation right:
Revocation Form (PDF)
§5 Prices and payment
are in Euro and include VAT at the applicable statutory rate. The shipping
costs shall be added.
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 Onlineshop’s web pages before the order is placed. Possible
payment methods shall be displayed to the customer in the Porsche Design
Onlineshop. If a credit card payment, credit transfer or direct debit is
unpaid, revoked or returned, the bank charges thereby incurred by the Porsche
Design Onlineshop shall be borne by the customer.
Design Onlineshop 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
liability of the Porsche Design Onlineshop 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.
Porsche Design Onlineshop 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 Onlineshop shall be limited to compensating
the typical damage that was foreseeable by the Porsche Design Onlineshop when
the contract was made. In all other respects the Porsche Design Onlineshop will
accept no liability for simple negligence.
7.3. The provisions
of clause 7.2. shall not apply to claims
- for loss
of life, personal injury and/or impaired health,
malicious concealment of a shortcoming,
- for the
absence of a quality for which the Porsche Design Onlineshop has provided a
- based on
deliberate misconduct or gross negligence on the part of the Porsche Design Onlineshop,
its statutory representatives, its employees and/or vicarious agents and/or
- based on
product liability law.
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
payment has been made, the goods shall remain the property of the Porsche
Design Onlineshop. 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 Onlineshop.
§9 User account
customer uses the Porsche Design Onlineshop 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 Onlineshop of this without undue
§10 Rights to set off and retention rights
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.
§11 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/.
- End of General Business Terms and Conditions -