GTC

General Terms and Conditions of Sale and Delivery of Porsche eBike Performance GmbH

1. Scope of application

The following General Terms and Conditions of Sale and Delivery ("T&Cs") apply to all sales made via the Porsche eBike Performance webshop ("Webshop") between Porsche eBike Performance GmbH, Marie-Curie-Straße 6, 85521 Ottobrunn, Germany ("Porsche eBike") and consumers ("Customers"). A "consumer" is any natural person who enters into a legal transaction for purposes that are predominantly outside of their commercial or self-employed activity (section 13 German Civil Code (BGB)).

2. Conclusion of contracts

2.1 Contracts can only be concluded in digital form via the Porsche eBike Webshop. In addition to German, Porsche eBike concludes contracts exclusively in English, French, Italian and Spanish.

2.2 Porsche eBike's offers via its Webshop are always non-binding and are not offers in the legal sense of the term. Porsche eBike reserves the right to remove or replace goods from the range of goods offered in the Webshop and to change the properties of the goods.

2.3 The Customer can initially place goods in the shopping cart without this leading to any obligations and can correct information provided at any time before submitting a binding order by using the options to make amendments provided for this purpose and explained in the order process.

2.4 When the Customer places an order by clicking on the button "Pay now", the Customer is making a binding offer to contract. In addition, the Customer expressly confirms in advance that they accept the T&Cs and have taken note of the cancellation policy and the data privacy notice. Receipt of the Customer's order will be confirmed by email without undue delay. This confirmation will again set out the details of the Customer's order, which also includes these T&Cs including the information on the right of cancellation which the Customer can print out using the "Print" function. The confirmation of receipt of the order does not constitute binding acceptance of the order, but merely serves to inform the Customer that the order has been received. The purchase contract is only concluded upon receipt by the Customer of an order confirmation from Porsche eBike. Porsche eBike reserves the right to combine the confirmation of receipt with a declaration of acceptance.

2.5 In the interest of further technical developments, Porsche eBike reserves the right to make minor changes to the design and properties of the goods even after an order has been accepted, provided this does not unreasonably adversely affect the Customer's interests.

3. Prices and terms of payment

3.1 The respective prices stated in the Webshop at the time of the order apply. All prices are final prices and include the applicable statutory value added tax.

3.2 The payment options are indicated in the Webshop.

3.3 Invoices from Porsche eBike are due and payable in euros upon delivery of the goods and receipt of the invoice.

4. Delivery costs

In addition to the prices of the goods stated in the Webshop, a flat-rate fee for delivery will be due which will be stated separately. Further information about the flat-rate fee for delivery is provided with the offers. Should delivery be made in the form of several part-deliveries, which Porsche eBike reserves the right to make, the flat-rate fee for delivery will only be charged once, unless it is the Customer who insists on part-deliveries.

5. Delivery dates, delivery and part-deliveries

5.1 Delivery dates are only binding if Porsche eBike has expressly confirmed these in writing. Delivery dates will be extended by a reasonable length of time if the Customer fails to satisfy any cooperation obligations incumbent upon them in due time or if the Customer requests changes, unless it is Porsche eBike which is responsible for the delay.

5.2 Compliance with delivery dates is subject to Porsche eBike being correctly supplied in due time by its own suppliers, provided that Porsche eBike, for its part, has properly ordered the goods (congruent covering transaction) and Porsche eBike is not responsible for the delay in delivery on the part of its own suppliers. Porsche eBike will notify the Customer as soon as possible if it becomes apparent that delays are expected.

5.3 Porsche eBike has a right to make part-deliveries, provided the Customer can be reasonably expected to accept these.

5.4 Please check the goods immediately upon delivery for completeness, obvious defects and transport damage and notify us and the carrier of any complaints as soon as possible. If you do not do this, this will not have any consequences for your legal rights and their enforcement, in particular your warranty rights.

6. Retention of title

6.1 Porsche eBike reserves title to the delivered goods ("Reserved Goods") until the purchase price has been paid in full.

6.2 Until title to the Reserved Goods passes to the Customer, the Customer must handle the Reserved Goods with care.

 

7. Warranty, guarantee

7.1 Porsche eBike will be liable in accordance with the statutory warranty provisions (gesetzlichen Gewährleistungsvorschriften).

7.2 A guarantee is only provided for products for which a guarantee is expressly intended and after prior registration of the product at https://fazua.com/en/company/warranty/ or in the FAZUA app, in accordance with the conditions of guarantee available there.

8. Right of cancellation

8.1 The Customer has a right of cancellation in accordance with the statutory provisions.

8.2 There is no cancellation right in contracts for the delivery of goods which are not pre-manufactured and which are based on the Customer's individual choices or specifications or which are clearly tailor-made to the Customer's personal requirements.

8.3 In all other respects, the right of cancellation is governed by the provisions set out in detail in the following

8.4 Instructions on the right of cancellation

Instructions on the right of cancellation

Right of cancellation

You have the right to cancel this contract within 14 days without giving reasons.

The deadline for cancellation is 14 days from the date on which you take or a third party named by you, who is not the carrier, takes possession of the goods.

To exercise your right of cancellation, you must inform us (Porsche eBike Performance GmbH, Marie-Curie-Straße 6, 85521 Ottobrunn, Germany, Tel: +49 89 540 462 300, email: webform at info@fazua.com by making a clear declaration (e.g. in the form of a letter sent by post or an email)) of your decision to cancel this contract. You may use the attached model cancellation form but you are not required to do so.

To meet the cancellation deadline, it is sufficient for you to send your declaration, stating that you are exercising your right to cancel the contract, before expiry of the cancellation period.

Effects of cancellation

If you cancel this contract, we will refund you all payments we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you chose a method of delivery other than the cheapest method of delivery we offer which is standard delivery) without undue delay and no later than 14 days from the day on which we receive your declaration stating that you wish to cancel this contract. Unless otherwise expressly agreed with you, we will make such refunds using the same method of payment that you used for the original transaction; under no circumstances will you be charged a fee for this refund. We may refuse the refund until we have received the goods you wish to return or until you have provided proof that you have sent the goods back, whichever is the earlier.

You must send the goods back or hand them over to us without undue delay but no later than 14 days from the day on which you informed us that you are cancelling this contract. The deadline will be deemed met if you return the goods before the end of the 14-day period. You will bear the direct costs of returning the goods. You are liable for any diminished value of the goods only if this diminished value results from any handling of the goods which is unnecessary for the purpose of establishing the quality and properties of the goods and the way they work.

End of information on the right of cancellation

 

8.5 Template cancellation form

Template cancellation form

(If you wish to cancel the contract, please complete and return this form.)

• To Porsche eBike Performance GmbH, Marie-Curie-Straße 6, 85521 Ottobrunn, Germany, email: webform at info@fazua.com
• I/We (*) hereby cancel the contract I/we (*) concluded for purchase of the following goods (*)/performance of the following service (*)
• Ordered on (*)/received on (*)
• Name of consumer(s)
• Address of consumer(s)
• Signature of consumer(s) (only if this form is being submitted as a hard copy)
• Date

(*) Delete as appropriate

9. Limitation of liability

9.1 Porsche eBike is liable without limitation in cases of culpable injury to life, limb or health. Porsche eBike is also liable for intent and gross negligence. However, if Porsche eBike has not acted with intent and there is no culpable injury to life, limb or health, liability is limited to foreseeable damage typical for the type of contract.

9.2 Porsche eBike is also liable for culpable breaches of those duties which are absolutely essential for the contract to be performed at all and on which the Customer regularly relies and is entitled to rely. However, if Porsche eBike has not acted with intent and there is no culpable injury to life, limb or health, liability is limited to foreseeable damage typical for the type of contract.

9.3 Porsche eBike is also liable if a defect is fraudulently concealed or if a guarantee has been provided. In the latter case, the extent of liability will depend on the scope of the guarantee. Porsche eBike will also be liable in cases of mandatory statutory liability, for example, under the German Product Liability Act (ProdHaftG).

9.4 Unless otherwise stated in these T&Cs, Porsche eBike will not bear any other liability regardless of the legal grounds.

9.5 To the extent that Porsche eBike's liability is excluded or limited in accordance with the above provisions, the same will apply to the personal liability of Porsche eBike's corporate bodies, legal representatives, employees and vicarious agents.

10. Force majeure

Events of force majeure, in particular lawful industrial action, unrest, official measures, war and other armed conflicts, epidemics, pandemics (including the current COVID-19 pandemic) and other external events that were unforeseeable at the time of conclusion of the contract and which are unavoidable and serious will release Porsche eBike from its performance obligations for the duration of the disruption and to the extent of its effects. If such events make delivery or performance significantly more difficult or impossible for Porsche eBike and the disruption is not only temporary, Porsche eBike will have a right to rescind the contract. In the case of temporary impediments, the delivery or performance dates will be extended or postponed by the period of the disruption plus a reasonable start-up period.

11. Data storage and data protection

11.1 Porsche eBike will collect, process and store all personal data communicated by the Customer exclusively in accordance with the provisions of German data protection law.

11.2 Use of the Customer's personal data is necessary to handle the purchase contract with the Customer. Any use which goes beyond this requires the Customer's express consent. The details of the data collected and the respective uses of such data are set out in the data privacy policy available at fazua.com/privacy-policy/.

12. Choice of law

These T&Cs and the contractual relationship between Porsche eBike and the Customer are governed exclusively by the law of the Federal Republic of Germany. This choice of law only applies if the protection afforded by mandatory legal provisions in the country where the Customer has their habitual place of residence is not withdrawn (favourability principle).

13. ONLINE DISPUTE RESOLUTION PLATFORM; DISPUTE RESOLUTION PROCEEDINGS

13.1 The European Commission provides a platform for the purpose of settling online disputes which is available at https://ec.europa.eu/odr. This platform is intended to serve as a port of call for out-of-court settlement of disputes concerning the contractual obligations of online purchase contracts and online service agreements. The platform is available at http://ec.europa.eu/consumers/odr/.

13.2 Porsche eBike is not under an obligation to participate in dispute resolution proceedings before a consumer arbitration board and has decided against voluntary participation in such proceedings.

14. Final provisions

If a provision of these T&Cs should be or become invalid this will not affect the validity of the other provisions. The same applies if these T&Cs do not contain a provision that is actually necessary. The parties will replace the invalid or unenforceable provision by a valid and enforceable provision which most closely reflects, in economic terms, the essence and purpose of the invalid or unenforceable provision. If these T&Cs or the contracts should be incomplete the parties will conclude an agreement with the content which they would have agreed to within the meaning of these T&Cs had they been aware of the contractual omission when concluding the contract.

15. Identity of the provider

The provider of the Webshop is

Porsche eBike Performance GmbH

Marie-Curie-Straße 6,

85521 Ottobrunn, Germany

Tel.: +49 89 540 462 100

email: webform at info@fazua.com

 

 

August 2022