Terms of use – polestar.com

Website provider

This website is provided byPolestar Performance ABAssar Gabrielssons väg 9SE-405 31 GöteborgSweden

Attention: Customer careContact us online: www.polestar.com/se/support/contact/Seat of registration: SwedenCommercial registration number: 556653-3096VAT registration number: SE556653309601

together with

Polestar Automotive Australia Pty Ltd65 Epping Road, Macquarie Park, NSW, 2113Australia

Attention: Customer carePhone no.: 1800014544Contact us online: www.polestar.com/au/support/contact/ACN: 645 163 202

When used below “Polestar” means either Polestar Automotive Australia Pty Ltd, one or several entities within the Polestar group or the entire Polestar group, as applicable.

Use of Site

You may only use this Polestar website (the “Site”) for personal, non-commercial use.

No warranties etc.

Although all reasonable care has been taken to assure the accuracy of the information on the Site, to the extent permitted by law, it is provided “as is”, without warranty of any kind (including as to the availability of the Site or the reliability of its information). Your access and use of the Site is at your own risk.

We cannot guarantee the security of information transmitted via the internet and are not liable in connection with any breach of security of such information, including any misuse, loss or unauthorised access.

To the extent permitted by law, Polestar will not be liable to any party for any direct, indirect, consequential or other kind of damages for any use of the Site, or on any hyperlinked web site, including, without limitation, any lost profits, business interruption, loss of programs, loss of data, loss caused by viruses, bugs or other malicious code, or otherwise, even if Polestar has been expressly advised of the possibility of such damages.

Any warranties and representations in the Site for Polestar products or services that you purchase or use will be subject to the agreed upon terms and conditions in the contract for such products or services.

Information on the Site may contain technical inaccuracies or errors. It is also for general information only and does not purport to be comprehensive, accurate or suitable for your purposes. The information contained on the Site may be changed at any time without prior notification. Further, please note that Polestar reserves the right to at any time make changes to its products and services, including their prices.

To the extent permitted by law, we are not liable for any error or inaccuracy in, or omission from, the Site and any loss or damage that you suffer by relying on information on the Site or due to any changes to the Site. Information on the Site may contain references to Polestar products and services which are not announced or available in Australia. Such references do not imply that Polestar intends to announce or make available such products and services in Australia. Please also note that certain products and services may only be available at extra cost and that some of the information on the Site may not be correct due to product changes having occurred after the launch or latest update of the Site. Please contact Polestar or your Polestar operator for complete details regarding the products and services available to you.

Nothing in these terms of use excludes, modifies or limits any warranties or guarantees that cannot be excluded, modified or limited at law, including under the Australian Consumer Law.

Unsolicited ideas etc.

Polestar appreciates to get input from its community and welcomes comments and feedback related to Polestar’s products and services. However, it is Polestar’s policy to not accept or otherwise consider information (such as ideas, proposals, suggestion and comments) other than such that Polestar has explicitly requested. This policy is intended to avoid misunderstandings or disputes since new products, services, features, business models etc. are continuously developed by Polestar or its suppliers which may be similar or identical to the ideas or information of others, even if developed without any inspiration from such ideas or information of others.

If, despite this, you still send Polestar information, such as an idea, proposal, suggestion, comment etc., that is not requested by Polestar (collectively the “Submission”) you agree, regardless of any reservations made by you in an accompanying letter or otherwise:

that the Submission or parts of it shall be deemed non-confidential and non-proprietary;

that Polestar shall have no obligations (contractual or otherwise, including, but not limited to, obligations to review, respond to or otherwise process the Submission and/or to keep the Submission confidential) with respect to the Submission or parts of it;
that Polestar shall have no liability for any use or disclosure of the Submission, or parts of it; and

that Polestar shall be entitled to unrestricted use in any way of the Submission or parts of it for any purpose whatsoever, commercial or otherwise, without any notice, consideration or compensation to you.

Specific software available on the site

Any software that may be available to download from the Site (the “Software”) is the copyrighted work of Polestar and/or its licensors.

Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). Unless otherwise follows from the License Agreement, the Software is made available for downloading solely for use by end users. Further, unless otherwise follows from the License Agreement, the Software may be used solely for the purpose for which the Software is made available. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited and may result in civil and criminal penalties.

The Software is warranted, if at all, only according to the terms of the License Agreement. Except as may thus be warranted in the License Agreement and to the extent permitted by law, Polestar hereby disclaims all warranties with regard to the Software, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.

Intellectual Property

The content of the Site is protected by copyright and other intellectual property rights. This includes text, images, graphics and their arrangement on the Site. The content of the Site may therefore not be reproduced or communicated without the prior written consent of Polestar. All trade marks and trade names displayed on the Site are the property of Polestar.

References

The Site may contain references (e.g. by means of a hyperlink, banner or button) to other websites that relate to a specific aspect of the Site. This does not necessarily mean that Polestar sponsors, or is linked to, or associated or affiliated with, these other websites and/or their owners. Polestar is therefore not responsible for these other websites, including the information and other content contained therein, and does not accept any liability in this respect.

Pre-owned Polestar Platform

The Site provides a platform where users have the possibility to browse, reserve (via payment of a refundable deposit to Polestar) and purchase pre-owned Polestar vehicles from Polestar Pre-owned Partners which will (i) either be delivered at a chosen location; or (ii) be available for collection at the Polestar Pre-owned Partner’s venue (the “Pre-owned Polestar Platform” or “Platform”).

Polestar is merely the provider of the Platform; it is not the seller of a pre-owned Polestar vehicle nor does Polestar act on behalf of and/or in the name of the Polestar Pre-owned Partner. The Polestar Pre-owned Partner is an independent third party, as identified on the Platform, who uses the Platform to advertise and sell pre-owned Polestar vehicles. The possibility to reserve and purchase pre-owned Polestar vehicles on the Platform does not in any way imply an offer by Polestar nor does Polestar bear any responsibility or liability with regard to the availability, sale and delivery of the (reserved) pre-owned Polestar vehicles.

Reservation/purchase of a pre-owned Polestar vehicle

When visiting the Pre-owned Polestar Platform, the user can access the Australian Polestar website in the footer. By clicking on ‘Search Polestar’, a list of all pre-owned Polestar vehicles offered in Australia is shown, in which the user can navigate. The user can indicate its preferences by using the ‘filter’ option (e.g. price, mileage, colour exterior/interior, packages and wheels). Under each vehicle, the price, the first time of registration, the mileage, the colour, the packages and the power of the vehicle as well as the location of the Polestar Pre-owned Partner are listed.

When clicking on the ‘Explore’ button, available under every vehicle offered, further specifications of the vehicle are provided (e.g. the estimated delivery time, motor specifications and car images). Information on financing is provided as well.

The ‘Reserve now’ button will direct the user to a new page. Once the user is directed to this page, the vehicle will be made unavailable for other users of the Platform for 20 minutes, in order to enable the user to fill in his necessary details to reserve the vehicle. On this page, the user can view the delivery date and download the full order specifications of that specific pre-owned Polestar vehicle. Furthermore, this page allows the user to enter its customer details, which are used to reserve the vehicle and register a new Polestar ID. In case the user already has a Polestar ID, a sign-in link is also provided. Lastly, this page allows the user to enter its financial information that is needed to transfer the refundable deposit to Polestar and to confirm the reservation. Once all the necessary information has been filled in, the button ‘Reserve’ will create the Polestar ID (if not yet created) and Polestar will ensure that the vehicle is exclusively reserved with the Polestar Pre-owned Partner for a period of 48 hours. The reservation does not entail any obligation for the user to purchase the vehicle from the Polestar Pre-owned Partner.

After successfully reserving the pre-owned Polestar vehicle, a confirmation e-mail is sent to the user and will indicate the date on which the reservation will expire. The confirmation e-mail includes a link to the Pre-owned Polestar Platform where the order can be finalized. This page includes the order information as well as the contracting information and the option to generate the sales contract with the Polestar Pre-owned Partner, which allows the user to conclude the sale of the pre-owned Polestar vehicle. Furthermore, this section allows the user to download the payment instructions. Lastly, this page lets the user organise the handover and registration of the vehicle. The order is complete as soon as the user has signed the contract with the Pre-owned Polestar Partner and has completed the full payment. No obligation to purchase arises before signature by the user of the contract.

After expiry of the reservation period of 48 hours, regardless of whether the user decided to proceed with the order or not, Polestar will refund the deposit within 24 hours.

Contact

If you have a question or complaint about this Site, please contact us at polestar.com/au/support/contact/.

Other

By visiting and using this Site, you agree to these terms of use. The provision and use of the Site as well as these terms of use are subject to the laws in force in New South Wales, Australia. Any dispute arising from or otherwise related to this Site and/or its terms of use will be submitted to the competent court in New South Wales, Australia. If you are a consumer, you also enjoy the protection of the Australian Consumer Law.