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Polestar 2

Test Drive

These terms and conditions (these “Terms”) apply between Polestar Automotive Ireland Limited, C.R.O. No. 703485, a company incorporated under the laws of Ireland with registered address at Arena Road, Sandyford Business Park, Dublin, D18 C9X6. (“Polestar”/”We”/”Our”) and the individual (“You” / “Your”) for the test drive of a Polestar vehicle, subject to availability, (the “Polestar Vehicle”) ordered through the Polestar Test Drive Portal (the “Test Drive”) or through the Polestar IR Customer Support team

By finalising the test drive vehicle order and ticking the box confirming your acceptance of these Terms you confirm that you have read and that you agree to be bound by these Terms.

Polestar reserves the right to withdraw the Test Drive or to amend these terms and conditions without prior notice at any time, for whatever reason, and without liability to You for doing so.

1. Term

Unless otherwise indicated in these Terms, these Terms apply from the date of Your booking of the Test Drive until return of the Polestar Vehicle at the agreed location.

2. The Polestar Vehicle

2.1.

We will offer a Polestar Vehicle for the Test Drive. We will not charge You anything for the Test Drive.

2.2.

Your booking will allow you one (1) Test Drive of the Polestar Vehicle during the time slot selected by you when booking the Test Drive.

2.3.

Please note that the Polestar Vehicles available for the Test Drive are subject to availability. Polestar will use reasonable efforts to ensure that you will be able to test drive the chosen Polestar Vehicle but limitations in vehicle availability and unexpected events such as loss, errors or defects to the Polestar Vehicle, etc. means we cannot guarantee the chosen model or the availability of a Test Drive.

2.4.

The Polestar Vehicle will be made available to You at the location agreed upon as part of your booking of the Test Drive.

2.5.

We make no guarantees that the Polestar Vehicle you will be test driving contains certain features or extras.

3. Driver Requirements

3.1.

The Test Drive is open to Ireland residents only. In order to be able to perform a Test Drive You must be able to demonstrate that You:

3.1.1.

hold a current full (not provisional) full Irish driver’s licence, that has been valid for at least 2 years;

3.1.2.

are aged 25 years old or over and have more than two years driving experience on a full driving licence;

3.1.3.

have no more than 6 points accrued on Your licence in the last 2 years;

3.2.

You will be required to:

3.2.1.

present Your photographic driving licence at the beginning of Your Test Drive and agree to Your driving licence being copied for identification purposes. If You fail to present a required driving licence, We will be unable to continue with the Test Drive.

3.3.

All drivers must be 25 years old or over to participate in this Test Drive programme. Drivers over the age of 75 may be required to supply information confirming their fitness to drive. You hereby declare that You are in good health, Your eyesight is of the standard required for the Ireland road driving test and that You are not suffering any illness or disability which may make it unsafe for You to drive.

3.4.

For clarity, You may not let another person drive the Polestar Vehicle during your Test Drive.

3.5.

Due to the current global pandemic, in order to ensure the health and safety of all customers and staff we have taken all necessary precautions and your active participation in adhering to these safety guidelines is required to ensure a safe and comfortable experience. By accepting these terms and conditions you agree to not attend any test drives if you have had any symptoms related to COVID-19 in the 10 days prior to your booked test drive date or anyone in your household has had any symptoms in the 14 days prior, and instead request an alternative date following one week of no symptoms.

3.6.

You acknowledge and understand that the Polestar Vehicle you will test drive will contain a GPS tracking unit for logistical and safety purposes.

4. Use of the Polestar Vehicle

4.1.

The Polestar Vehicle is provided for demonstration and evaluation purposes only and should not be used for any other purpose or subject to unreasonable use.

4.2.

You are responsible for the Polestar Vehicle during the Test Drive. The Polestar Vehicle must be returned in the same condition as when delivered to You. The Polestar Vehicle shall be returned to the location where it was collected.

4.3.

For any Chosen Location test drives, the Polestar Vehicle shall be returned in a clean and roadworthy condition. Should the Polestar Vehicle be returned in a condition which is not equivalent to that in which it was originally supplied to You (taking into account normal wear and tear), Polestar will repair the Polestar Vehicle to its original condition and recharge You accordingly. Your Polestar Vehicle will be checked on return whilst you are present and note any obvious damage. However, this does not constitute the final assessment of the Polestar Vehicle. Polestar will have the vehicle cleaned and then inspected by an experienced vehicle inspector on return to the demonstration centre. You will be notified of any recharge within 3 business days of the return of the Polestar Vehicle

4.4.

You shall not do anything in respect of or in connection with the Polestar Vehicle that may contravene applicable road traffic acts or any other applicable legislation.

4.5.

The Polestar Vehicle is only to be used under standard driving conditions unless otherwise expressly agreed with Polestar. You may only drive the Polestar vehicle on public roads and must not drive the Polestar Vehicle off-road, on unploughed roads or in any place where there is a risk of damage to the vehicle. The Polestar Vehicle must not be used for hire and reward, rallying or motorsports, or taken off-road.

4.6.

Pets, smoking, eating or drinking are not allowed in the Polestar Vehicle during the Test Drive.

4.7.

You are not allowed to remove any parts or accessories from the Polestar Vehicle nor to make any other changes to the Polestar Vehicle. Any loose items You remove from the Polestar Vehicle such as, but not limited to, parcel shelves, mats and charging cables, must be placed in the vehicle before collection. Any shortages will be recharged to You.

4.8.

You must ensure that the Polestar Vehicle is secure and kept locked and safe when not in use. When parking, you must ensure that the Polestar Vehicle is parked in a safe place.

4.9.

During an accompanied Test Drive you must follow all reasonable instructions provided by the Polestar Test Drive Specialist.

4.10.

For any Extended Test Drives, all vehicles must be returned with the same amount of fuel or charge that they were delivered with.

4.11.

In the event of failure to return the Polestar Vehicle, Polestar reserves the right to enter Your premises to repossess the Polestar Vehicle and You hereby agree to indemnify Polestar against all claims or rights of action arising therefrom.

5. Risk

5.1.

You are liable towards Polestar for any loss or damage to the Polestar Vehicle or any injury to any person or third-party property which occur during your Test Drive. Any loss or damage to the Polestar Vehicle during your Test Drive shall be at Your risk.

5.2.

You must immediately inform Polestar of any accident, theft or any damage whatsoever caused to the Polestar Vehicle or any part of it during the Test Drive.

6. Fines and Penalties

6.1.

You are liable for and shall promptly pay all costs, fines, penalty charges (fixed or otherwise), bridge tolls and/or congestion charges and related administration costs incurred in connection with the Test Drive of the Polestar Vehicle.

6.2.

Any costs, fines or penalty charges (fixed or otherwise), bridge tolls and/or congestion charges and related administration costs incurred by Polestar will be recharged to You.

6.3.

Please also note that Polestar will comply with its legal requirement and will provide information (including Your name and address) in response to any requests from police and other relevant authorities, as well as private parking companies, owners of roads subject to congestion charges etc., for the purposes of identifying the user of a Polestar Vehicle at a particular date and time in respect to any alleged speeding/parking fines/road fees/tolls; penalties and motoring offences and congestion charges. See section 11 below for more information about the processing of your personal data.

7. Warranty

You accept that Polestar gives no warranty of any nature relating to the Polestar Vehicle other than the standard manufacturer’s warranty applicable to the Polestar Vehicle. To the fullest extent permitted by law, Polestar excludes all warranties, conditions or other terms implied by statute or common law.

8. Liability

In no event shall Polestar, and its respective affiliates, be liable or responsible for any loss, damage or injury to any person or persons which may occur in connection with or arising out of the Test Drive and any failure to perform or delay in the performance of Our obligations under these Terms, except for as may be required under mandatory law.

9. Indemnification

You shall indemnify Polestar for any and all costs, claims, loss or any damage of any kind resulting from your Test Drive and Your obligations under these Terms, including but not limited to loss or damage to third party property and all liability for illness, injury or death of a third party as well as any costs, claims and damages that might occur as a consequence thereof. This indemnification shall not apply to loss, injury, illness or death caused by negligence of Polestar.

10. Force Majeure

Polestar shall be relieved of any liability arising out of any failure to fulfil an obligation under these Terms if the fulfilment is prevented as a consequence of an Act of God, war, fire, flood, explosion, civil riot, civil commotion, import or export regulations or embargoes, strikes, lock-outs or other industrial activities or trade disputes, acts of terrorism, epidemics or governmental acts or interruption in utilities or any other cause beyond the reasonable control of the party.

11. Privacy Policy

We are responsible for, and shall be considered so called controller of, the personal data processed in connection with Your order for a Test Drive and these Terms. All processing will take place in accordance with applicable legislation concerning processing of personal data, our Privacy Policy as well as our Information Notice for Test Drives  .

12. General

12.1.

Each of the parties shall comply with applicable laws (including but not limited to those relating to data protection) and shall ensure it has in place adequate procedures to prevent bribery. Our code of conduct that apply to Polestar is available at polestar.com/legal/ethics

12.2.

If any of these clauses should be determined to be illegal, invalid or otherwise unenforceable then it shall be severed and deleted from these Terms and the remaining clauses shall survive and remain in full force and effect.

12.3.

Polestar reserves the right to amend these Terms at any time without notice. The version of the Terms that will apply to your order will be those that applied at the time You placed your order.

12.4.

Polestar reserves the right to carry out and use any photography captured on test drives as they so wish. During an event, signage will be in place to inform all attendees that photography/ videography is being undertaken. If you would prefer to not be included in any photography, please inform a member of staff.

13. Governing Law and dispute resolution

13.1.

The construction, validity and performance of this agreement shall be governed in all respects by the laws of Ireland and, unless otherwise required under mandatory law, the parties irrevocably agree that the courts of Ireland shall have exclusive jurisdiction in any proceedings which may arise out of or in connection with this Agreement.

13.2.

You also have the right to raise any dispute via the European online dispute resolution platform which can be accessed by clicking on the following link: ec.europa.eu/consumers.

14. Contact information

If you have any questions, please contact us via Polestar support.