1. Acceptance of Terms and Conditions
1.1 These Terms and Conditions (“T&C”) shall be the basis for all contracts made between Porsche Singapore Pte. Ltd. (“Porsche Singapore Online Store”, “we”, “us” or “our”) and users of the web pages of the online platform of the Porsche Singapore Online Store (“Online Platform”). By accessing, browsing or otherwise using the Online Platform, you warrant that you have fully read and understood these T&C and agree to be legally bound by these T&C and acknowledge unconditional acceptance without limitation or qualification of these T&C. The T&C and any amendments or modifications made thereto along with the general terms of use of the Online Platform govern the use of the Online Platform and the purchase of any products on the Online Platform. The customer’s general business terms and conditions shall not apply, even if they have not been expressly refuted.
1.2 We may change these T&C at any time without any prior notice by posting changes on the Online Platform. You shall review these T&C regularly to ensure that you are aware of any changes made by us. The continued use of the Online Platform by you after changes are posted means that you agree to be legally bound by these T&C as updated and/or amended. In the case of any violation of these T&C or any additional terms posted on the Online Platform, we reserve the right to seek all remedies available by law and in equity for such violations.
1.3 In the case of ambiguities or discrepancies between or within any provision of these T&C, you shall inform us immediately of such ambiguity or discrepancy and we will endeavour to provide clarification as to the meaning of the said provision. Notwithstanding the aforesaid, we shall decide as to the meaning and intent of any provision(s) in these T&C where the same may be thought to be obscure or in dispute. We shall have the absolute right to correct any error or omission therein when correction is necessary to the proper fulfilment of the intent of these T&C. Our decision(s) thereon shall be final and binding.
2. Conclusion of contract of sale
2.1 The offering of products on the web pages of the Porsche Singapore Online Store 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 agreement shall come into existence when the Porsche Singapore Online Store accepts the order.
2.2 In particular, the Porsche Singapore Online Store shall be entitled to check first whether it is possible to deliver the goods. The Porsche Singapore Online Store 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 Singapore Online Store 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 Singapore Online Store shall not constitute acceptance of that order. Once the contract has been made, the Porsche Singapore Online Store will not store the contract in a form that is accessible by the customer.
2.3 You consent to receiving invoices in electronic form via e-mail. A paper invoice will be enclosed with your order.
3. Prices and payment
3.1 All prices are quoted in Singapore Dollars and includes goods and services tax at the applicable statutory rate. The shipping costs shall be added.
3.2 Prices and all elements included in the price, e.g. postage and packing, supplements or tax, for each order shall be displayed to the customer on the Online Platform before the order is placed. Possible payment methods shall be displayed to the customer in the platform. If a credit card payment, credit transfer or direct debit is unpaid, revoked or returned, the bank charges thereby incurred by the Porsche Singapore Online Store shall be borne by the customer.
3.3 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.
4. Delivery
4.1 Porsche Singapore shall make no delivery until payment has been received.
4.2 All orders shall be shipped within 3 to 5 working days upon order confirmation. Order details, including delivery address, are confirmed upon order and cannot be changed after order confirmation.
4.3 Delivery is subject to “Force Majeure” conditions. The term “Force Majeure” means any circumstances which are unusual, unforeseeable and are beyond the control of the Porsche Singapore Online Store concerned, the consequence of which could not have been avoided even if all due care had been exercised, including but not limited to acts of God, war or threat of war, riot, civil strike, hostilities, political unrest, government action or its related authority(ies), event(s) arising out of any enacted law, regulation etc., industrial dispute, natural or other disaster, epidemic, pandemic, nuclear incident, terrorist activity, sabotage, blockage, embargo, weather conditions, transport strike, fire, flood, typhoon, tempest, drought, short supply of labour, fuel, raw material, or manufactured produce, or otherwise preventing or hindering the manufacture or delivery of the orders and all similar events beyond the control of the Porsche Singapore Online Store concerned.
4.4 No deliveries shall be made outside Singapore.
5. Quantity limits
The Porsche Singapore Online Store reserve the right, at our sole discretion, to limit the quantity of items purchased per person, per household, or per order. These restrictions may be applicable to products purchased in the same order, placed by the same credit card or the same billing and/or shipping address. We will provide notice to you should such limits be applied.
6. Limitation of liability
6.1 The liability of the Porsche Singapore Online Store is as provided for in statutory warranty regulations and in any other warranties which may have been granted, subject to Clauses 7.2 and 7.3.
6.2 To the maximum extent permitted by applicable law, the Porsche Singapore Online Store is liable only for negligence for violations of material contractual obligations, a breach of which endangers the purpose of the contract and compliance with which the contractual partner is entitled to expect. This liability shall be limited to the typically foreseeable damage at the time of entering into the contract and the aggregate liability shall not exceed the transaction fee.
6.3 The provisions of Clause 7.2 shall not apply to claims (i) for loss of life, personal injury and/or impaired health; (ii) for the absence of a quality for which the Porsche Singapore Online Store has provided a warranty; (iii) based on deliberate misconduct or gross negligence on the part of the Porsche Singapore Online Store, its statutory representatives, its employees and/or agents; and/or (iv) based on product liability law. These exceptions shall remain subject to statutory regulations.
7. Reservation of title
Until full payment has been made, the products shall remain the property of the Singapore Online Store. 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 Singapore Online Store.
8. Cancellation, returns and refunds
8.1 The customer may initiate cancellation of an order in writing to the Porsche Singapore Online Store (“Cancel Request”) provided that the order has not been shipped. The Porsche Singapore Online Store shall notify the customer of its acceptance or rejection of the Cancel Request through the issuance of a written notice of acceptance or rejection of the Cancel Request by the Porsche Singapore Online Store to the customer.
8.2 All returns must be made within [14 working days] from the date of delivery. Returns shipping will be at your own expense. All products returned must be in original packaging, unused, unworn, unwashed, unaltered and with all tags and labels attached. The original invoice must be produced for returns. Once the Porsche Singapore Online Store has received the returned products and checked that the returned products meet all requirements, the Porsche Singapore Online Store shall notify the customer of its acceptance of the returned products through the issuance of a written notice to the customer.
8.3 Once the Porsche Singapore Online Store issues the written notice of acceptance of a Cancel Request or returned products (where applicable), the Porsche Singapore Online Store shall refund all payments received (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) through the same method of payment as used by you in the original transaction, unless expressly agreed otherwise with you.
8.4 Notwithstanding anything stated herein, purchase of sale items, gift cards and/or cash-equivalent vouchers, whether electronic or physical, shall be final and cannot be returned or exchanged.
9. General terms
9.1 You shall be responsible for maintaining the confidentiality of information provided by you including but not limited to the mobile number, display name password, any orders and all activities on the Online Platform. You are solely responsible to protect the password to your account on the Online Platform and the Porsche Singapore Online Store will not be liable for any loss that you may incur as a result of someone using your password or account, either with or without your knowledge. If you provide any information that is untrue, inaccurate, not correct or incomplete or the Porsche Singapore Online Store has reasonable grounds to suspect that such information is untrue, inaccurate, not correct or incomplete, the Porsche Singapore Online Store shall have the right to indefinitely suspend or terminate or block access of you on the Online Platform and refuse to provide you with access to the Online Platform.
9.2 The Porsche Singapore Online Store may from time to time offer promotions/rewards/benefits on the Online Platform, for a limited period/time. The terms and conditions of such promotions/rewards/benefits will be specified on the Online Platform. The Porsche Singapore Online Store may withdraw/change/amend the terms and conditions of the aforesaid promotions/rewards/benefits at any time without prior notice. You shall check the availability and detailed terms and conditions of the aforesaid promotions/rewards/benefits before making an order.
9.3 The Porsche Singapore Online Store reserves the right to change the price, model, variants (or introduce new variants or discontinue variants), specifications and features including fitments and/or accessories of the any products as shown on the Online Platform.
9.4 The use of this Online Platform is entirely at your own risk, and in no event will the Porsche Singapore Online Store and its directors, employees, officers and representatives be liable for any damages, including without limitation direct or indirect, special, incidental, punitive, exemplary or consequential damages, costs, losses, expenses, interests or any type(s) and/or kind(s) of claim whatsoever and/or howsoever arising in connection with or resulting from the Online Platform (including without limitation any order through the Online Platform) or any linked site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure and others even if the Porsche Singapore Online Store or its authorised representative has been advised of the possibility of such damages.
9.5 To the fullest extent as permitted by law, the Porsche Singapore Online Store (i) excludes all representations and warranties relating to the Online Platform and its content or which is or may be provided by any other third party, including in relation to any inaccuracies or omissions in the Online Platform; and (ii) excludes all liability for damages arising out of or in connection with the disclosure of the information and/or your use of the Online Platform. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised the Porsche Singapore Online Store of the possibility of such potential loss), damage caused to you in any manner whatsoever including but not limited to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
9.6 You shall fully indemnify and hold harmless the Porsche Singapore Online Store, its affiliates, subsidiaries and their respective officers, directors, agents, employees and representatives, from any losses, claims, chargebacks or demand, or actions including reasonable legal fees, made by any third party or penalty imposed due to or arising out of breach of these T&C, the Porsche Privacy Policy and other policies of the Porsche Singapore Online Store, your use of the Online Platform or any of your act or omission in violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) by you.
9.7 These T&C shall be governed by the laws of Singapore under the exclusion of the United Nations Convention on Contracts for the International Sale of Goods, and in case of any disputes involving the Porsche Singapore Online Store, you consent that courts of Singapore shall have exclusive jurisdiction.
10. Personal data protection
The Porsche Privacy Policy is incorporated into these T&C. By impliedly or expressly accepting these T&C, you also give unconditional acceptance to be bound by the Porsche Privacy Policy, as amended from time to time. The Porsche Privacy Policy is available at https://www.porsche.com/singapore/en/privacy-policy/.
