Porsche Retail Group Australia Pty Ltd Terms & Conditions
1. Introduction
1.1 These terms and conditions (Terms) constitute a legally binding contract between the customer (“you” or “your”) and Porsche Retail Group Australia Pty Ltd (ABN 76 006 359 459) “PRGA”, “we”, “us” and “our” and apply to your access to and use of our website located at www.store.porsche.com.au (Website) and the sale and purchase of Porsche branded products and merchandise (Products) via the Website.
1.2 Please read these Terms carefully before placing an order for Products.
1.3 By using our Website, you agree to be bound by these Terms.
2. Ordering
2.1 To place an order for the purchase of any Products through our Website (Order), you must:
(a) be over 18 years of age;
(b) have a delivery address in Australia;
(c) provide us with a valid email address and telephone number; and
2.2 You must ensure that the information in your Order is accurate and complete. You are responsible for checking the size, options, colours, materials and other relevant information that you submit with your order.
2.3 By placing an Order, you:
2.4 When you place an Order, we will send you an email confirming our receipt of your Order to the email address that you provide (Order Confirmation). For clarity, the Order Confirmation simply confirms that we have received your Order but is not an acceptance of your Order by us.
2.5 All Orders are subject to acceptance by us at our sole discretion, and we will confirm such acceptance to you by sending you an email confirming dispatch of the Products to the email address that you provide (Dispatch Confirmation). The Dispatch Confirmation will include a tracking number so that you may track the delivery of your Order.
2.6 A binding contract between you and us for the sale and purchase of the Products (Sale Contract) will only be formed when we send you the Dispatch Confirmation.
2.7 The Sale Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your Order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation, at which time they will become the subject of a separate Sale Contract, subject to us dispatching the Products within 45 days after receipt of the Order. For clarity, if you do not receive a Dispatch Confirmation for any Products included in your Order within 45 days after placing the relevant Order, we will no longer be able to accept the Order with respect to such Products and the Order is deemed to be cancelled. However, we may notify you via email if the Products should become available again after expiry of the 45 days period and you will the be able to place a new Order.
2.8 We do not process Orders until our payment processor, Stripe, confirms to us that it has received payment for the relevant Products. All payments will be authorised and captured at checkout.
2.9 We reserve the right to accept or reject your Order in our absolute discretion for any reason, including (but not limited to) if the Products are not available, if there is an error in the price or the Product description posted on the Website, or if there is an error in your Order.
2.10 You may cancel your Order (or any part thereof) only prior to receiving the Dispatch Confirmation for the Product which is subject to the cancellation request.
2.11 To cancel your Order, you must inform us in writing by sending us an email through the ‘Contact Us’ page of our Website before you receive the Dispatch Confirmation.
2.12 We will confirm within 2 business days whether your cancellation has been accepted and refund the price of the Product subject to the cancellation within 5 business days of our confirmation.
2.13 Once a Dispatch Confirmation has been sent, your rights to cancel your Order will lapse and any return of the Products is governed by clause 7 (Returns).
2.14 Products purchased are strictly for personal use. You must not purchase any Products through the Website for resale or for any trade purposes. If we have any concerns regarding the number of Products that you have ordered, then we may contact you at the time of or soon after you place the Order for the Products.
2.15 Some Products will require installation or assembly. Costs for installation or assembly are not included in the sale price. You may contact your preferred Official Porsche Centre to obtain a quote and arrange for installation or assembly of the Products. You must ensure that any installation or assembly instructions which may be provided with the Products are followed.
3. Description of Products
3.1 We will take reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information is entered onto the system. However, the information appearing on the Website at a particular time may not always reflect the actual position at the time when you place an Order. Products listed on the Website as being available may not be available immediately or at all.
3.2 All images shown on the Website are for illustrative purposes only and are displayed by way of example. While the colour reproduction in the images shown on the Website is a close representation, the actual colour of the Products may differ.
4. Shipping
4.1 Shipping is available to Australian addresses only.
4.2 Order dispatch times may vary according to availability. Orders will be dispatched to the delivery address that you provide to us. You will be provided with a tracking number by email in our Dispatch Confirmation so that you can track the delivery of your Order.4.3 For stock keeping purposes, each item purchased constitutes an individual order. We will attempt to consolidate multiple orders in one shipment. Due to stock and packaging requirements, Products may be shipped over several days and in more than one package.
4.4 Depending on the size of the Products and your location, we will use Australia Post or a courier to deliver your Order.
4.5 The applicable shipping fees will be shown at check-out on the Website and in our Order Confirmation. Complimentary shipping will be provided for Orders over $200. A standard shipping fee of $15 will apply to Orders up to $200.
4.6 We try to dispatch all orders received through our Website within 2 business days (Monday to Friday, excluding public holidays in Sydney). Processing may take longer during certain times of the year, such as prior to Christmas. We do not have any control over delivery times once orders have been dispatched from our warehouse.
4.7 Estimated delivery times vary dependant on location, see below.
State / Territory Estimated delivery times to delivery addresses in metropolitan areas:
- NSW / ACT 2 to 5 business days
- QLD / VIC / SA 3 to 6 business days
- TAS / WA / NT 4 to 7 business days
4.8 We cannot guarantee delivery times and any representations made regarding delivery times are estimates only and actual delivery times may be subject to delays resulting from transit and matters outside of our control for which we are not responsible. For example, delivery will be delayed where Products are shipped from an overseas location.
4.9 Redelivery fees of $15 (for standard shipping) may apply in the event that your Products cannot be left at the delivery address you specify in your Order and no one is home to accept delivery.
4.10 When you receive your Order, please check that all Products ordered have been received. If you have not received the correct Products, please contact us by completing the form on the ‘Contact Us’ page of the Website.
4.11 If the Products arrive in a damaged state or there is an error with the Products received, contact us by completing the form on the ‘Contact Us’ page of the Website within 7 days after receipt of the Products to discuss the remedies which are available to you. We will require proof of the damage, including photographs.
4.12 For any enquiries, please feel free to contact us by completing the form on the ‘Contact Us’ page of the Website.
5. Risk and Title
5.1 Title to the Products will pass to you upon payment of the purchase price.
5.2 Risk will pass to you at the time your Products are delivered to your nominated delivery address.6. Pricing
6.1 All prices shown on the Website:
6.2 Prices may change from time to time without notice to you, but changes will not affect Orders in respect of which we have already sent you an Order Confirmation. We will fulfil your Order at the price stated in the Order Confirmation.
6.3 We are not responsible for any fraudulent use of our Website. For example, we are not responsible for the unauthorised or fraudulent use of any credit card details for purchases made on our Website, but will assist your credit card company where necessary once you have reported the fraud to them.
7. Returns
7.1 If you have changed your mind about Products that you have purchased or if you made an error when ordering online, we may offer you an exchange or refund provided that:
7.2 Our refund policy set out in clause 7.1 is not intended to exclude, limit or replace your rights under the Australian Consumer Law.
7.3 If the Products supplied to you do not comply with a consumer guarantee, please contact us as soon as possible using the contact form on the ‘Contact Us’ page of the Website and provide us with suitable proof of purchase.
7.4 If your Products do not comply with a consumer guarantee, we will repair, replace or provide a refund for the defective Products as required by law.
7.5 Where you wish to return Products to us, please contact us by completing the form on the ‘Contact Us’ page of the Website. Please include the following information in the form:
7.6 We may also contact you to obtain further information, such as to request photographs of the Products.
7.7 Based on the information provided by you, we will assess whether to repair, replace or provide a refund for the defective Products and will notify you of the applicable remedy via email.
7.8 We will pay for the reasonable costs of any return postage. You will receive a return label and instructions on how to process your return via email.
7.9 If you have requested an exchange, we will process the exchange as soon as possible subject to the availability of the item which you have selected to be exchanged with the returned Product.
7.10 We will not provide a repair, refund or replacement of the Product where:
7.11 Only items purchased through our Website can be returned to us for refund or exchange. Official Porsche Centres are unable to process returns or provide refunds or credits for items purchased on the Website.
7.12 We will usually refund any money by using the same method originally used by you to pay for your purchase. Please allow up to 14 business days to receive your refund.
7.13 We accept the following as proof of purchase:
8. Liability
8.1 To the maximum extent permitted by law and without excluding, restricting or modifying any rights you may have under the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth):
8.2 Subject to any mandatory law that cannot be excluded, we are not liable, whether in contract, tort (including negligence), in equity, under statute or on any other basis, and whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage, for any:
8.3 To the extent permitted by the Australian Consumer Law, we limit our liability to you, at our discretion to:
9. Warranty Conditions
9.1 We grant you a two-year warranty (Warranty) for new Products sold through our Website in Australia in accordance with the conditions set out in this clause 9 with regard to all defects in materials and workmanship.
9.2 The rights and benefits granted to you by this Warranty apply in addition to your statutory rights and remedies available under Australian law, including the Australian Consumer Law.
9.3 Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
9.4 The two-year warranty period begins on the date of delivery of the Products to the address specified in your Order (Warranty Period).
9.5 Subject to the exclusions set out in clauses 9.6 and 9.7, you may make a claim under this Warranty if any defect in a Product arises during the Warranty Period.
9.6 This Warranty will not cover any defect that:
9.7 This Warranty will not cover any Products that have:
9.8 We will remedy any defective Product covered by this Warranty free of charge (Rectification).
9.9 Within the scope of Rectification and provided that the defect has arisen during the Warranty Period and was notified to us in writing within 14 days after the defect first occurred, we may, at our own discretion, either replace or repair the defective Product or refund the purchase price. Any Product repaired or replaced within the scope of the Rectification will be covered under this Warranty until the end of the original Warranty Period.
9.10 The Warranty does not give you any further claims against us. In particular, the Warranty does not cover claims for compensation, such as damages, for reimbursement of futile expenses, for loss of use or for loss of income or earnings. This also applies if a defect cannot finally be remedied by Rectification.
9.11 You must notify us of a defect within 14 days after it first occurs.
9.12 To make a claim under this Warranty you must:
9.13 Any personal expenses associated with making a Warranty claim are to be borne by you. For clarity, we will bear the costs of any legitimate Warranty claim, including postage for returning the defective Products, repair costs and delivery costs for any replacement Products (as the case may be).
10. Our intellectual property rights
10.1 You acknowledge and agree that:
10.2 As between you and us, we own all the intellectual property rights in our Website and its content and nothing in these Terms constitutes a transfer of the ownership of any intellectual property rights to you.
10.3 Nothing contained on our Website or your permission to access or use of the Website will be construed as granting any licence or right to you to use any intellectual property rights in the content on the Website, except as provided in these Terms.
10.4 You may access, use, store, print and display content on this Website solely for your own personal use. Any access or use of the Website for any reason other than your personal, non- commercial use is prohibited. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or any copy of the content which appears on our Website nor may you use any such content in connection with any business or commercial enterprise.
10.5 You must not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any content or any part of our Website.
10.6 No part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or website without our prior written permission.
10.7 Subject to our Privacy Policy, you agree to grant us an irrevocable, perpetual, royalty-free, non-exclusive and world-wide licence to use any information contained in any communication between you and us (other than personal information as defined in section 6 of the Privacy Act 1988 (Cth)) for any purpose, which information you agree is not confidential, including but not limited to any idea communicated by you in relation to how we may improve the Website, the Products or our services. You agree that you are not breaching any third party rights (including intellectual property rights) by communicating such information to us.
11. Prohibited Conduct
11.1 You must not:
12. Information
12.1 Any information made available on our Website, including any recommendations, statements and opinions contained on our Website whether published by us or any other user (Information), is for general information purposes only. The Information does not take into account your specific circumstances and any reliance you place on the Information is at your own risk.
12.2 Before acting on any Information, we recommend that you:13. Collection of Personal Information
13.1 Ordering any Products or registration for an account will require the collection of your personal information, including your name, email address and delivery address. If you do not provide the personal information requested, we will not be able to complete your Order.
13.2 You acknowledge that you have full rights to provide the email address, personal address and any other details you enter.
13.3 Your personal information will be shared with our related bodies corporate or third party service providers, such as Shopify (which operates our e-commerce platform and is located in Canada), Stripe (our payment processor), delivery service providers and Official Porsche Centres. Some of our service providers and related bodies corporate are located overseas, including our parent company Dr. Ing. h.c. F. Porsche AG in Germany. As a result, personal information collected and held by us may be transferred overseas.
13.4 We will hold any personal information that you submit in accordance with our Privacy Policy which can be accessed at https://dealer.porsche.com/au/sydneysouth/en-AU/Privacy-policy. Information about how you may access or correct your personal information or make a privacy-related complaint is set out in our Privacy Policy.
14. Third party links
14.1 Our Website may contain links to third-party websites, advertisers, access to any third-party website, service or content.
14.2 Links to third party websites on our Website are provided solely for your convenience. If you use these links, you leave our Website. We have not reviewed any of these third-party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to our Website, you do so entirely at your own risk.
14.3 You may not link to our Website without our express prior consent.
15. Events outside our control
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms or a Sale Contract that is caused by events outside our reasonable control (Force Majeure Event).
15.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes (without limitation) each of the following:
15.3 Our performance under these Terms or any Sale Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.
16. Accessibility
16.1 Whilst we take all reasonable steps to minimise any delays and interruptions to your use of our Website, we cannot warrant that our Website will be available at all times or at any given time.
16.2 We may, at any time and without notice, discontinue our Website, and we are not responsible for any loss, cost, damage or liability which may result from such discontinuance.
17. Breach
17.1 If you breach these Terms, notwithstanding any other rights we may have, we may, without notice to you, deactivate your account and block you from our Website.
18. Assignment
18.1 These Terms, and any rights and licences granted to you under these Terms, cannot be transferred or assigned by you to a third party.
18.2 Any Sale Contract between you and us is binding on you and us and on our respective successors and assigns.
18.3 You must not transfer, assign, charge or otherwise dispose of a Sale Contract, or any of your rights or obligations arising under it, without our prior written consent.
18.4 We may transfer, assign, charge, sub-contract or otherwise dispose of a Sale Contract, or any of our rights or obligations arising under it.
19. Waiver
19.1 If we fail to exercise or delay in exercising any right, power or remedy, we do not waive the right, power or remedy.
19.2 If we do not act in relation to a breach by you of these Terms, this does not waive our right to act with respect to that breach or subsequent or similar breaches.
20. Enforceability
20.1 If any provision of these Terms is found to be illegal, invalid or unenforceable by a court of law in respect of a jurisdiction, then that provision will not apply in that jurisdiction and is deemed not to have been included in the Terms in that jurisdiction. This will not affect the remainder of the remaining provisions.
21. Entire agreement
21.1 We intend to rely upon these Terms and any document expressly referred to in them in relation to the subject matter of any Sale Contract. Any statements and representations made by us or our duly authorised agents which are not set out in these Terms are only valid if they are confirmed by us in writing.
22. Changes in Terms
22.1 We may update these Terms from time to time by publishing a new version on the Website. If you have an Order that has been accepted by us, the terms that will apply to your Order are the Terms that applied at the time you placed your Order.
23. Governing Law
23.1 These Terms are governed by and must be construed in accordance with the law for the time being in force in Victoria and you, by agreeing to these Terms, are deemed to have submitted to the non-exclusive jurisdiction of the courts of Victoria and courts of appeal from those courts.
23.2 Our Website may be accessible from outside of Australia. We make no representation that our Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Website from outside Australia, you do so at your own risk and you are responsible for complying with the laws in the place where you access our Website.
Terms & Conditions last updated: September 2024