Terms and conditions for reservations
1. These terms and conditions apply to the reservation of Polestar 2 vehicles (Reservation) on the Polestar Australia website (Website). A reservation is a preliminary non-binding order that entitles you to be prioritised when the Polestar 2 is made available for sale in Australia. The final ordering and purchase of Polestar 2 vehicles will be governed by a separate contract of sale with Polestar (Contract of Sale).
2. The Website allows you to reserve one Polestar 2 model vehicle by paying a refundable deposit of AUD$500 on the Website using your credit card (Deposit) via a third party payment provider (Payment Gateway Provider) to Polestar (the Service). In order to pay the Deposit and complete your reservation, you will be required to create a Polestar ID, accept these terms and conditions and accept the terms and conditions associated with creating the Polestar ID.
3. To be eligible to use the Service, you must be aged over 18 years and be an Australian resident residing in Australia. The offer to create a reservation is available until we disable this functionality on the Website, or for the period communicated on the Website.
4. Polestar Automotive Australia Pty Limited, trading as “Polestar” (Polestar, us or we) offers the Service, and by using the Service, you agree to these terms and conditions.
5. These terms and conditions govern the Service only, and facilitate the payment of the Deposit to Polestar to reserve the Polestar model you select. After payment of the Deposit, you will receive an email from Polestar confirming the details of your Reservation.
Placing a Reservation
6. Only one Reservation can be made per person. Your rights in relation to your Reservation are personal and cannot be assigned or transferred to anyone else.
7. The Website:
- displays different Polestar 2 model variants (each an Eligible Vehicle) and different optional packs;
- displays a drive away price for the Eligible Vehicle with any optional packs set out on the Website (Driveaway Price);
- allows you to configure the Eligible Vehicle you wish to reserve, including with optional packs, and displays a Driveaway Price for the Eligible Vehicle you configure; and
- contains forms for you to provide your contact details, create a Polestar ID and pay the Deposit.
8. After you have finalised your Reservation by selecting your Eligible Vehicle and paying the Deposit:
- you will receive an email from us confirming your Reservation and with some information regarding the process to complete your order;
- you will be contacted again prior to the Eligible Vehicle being made available for sale to the general public to let you know that you can complete your order; and
- if you decide to complete your purchase of the Eligible Vehicle, you will be required to sign a Contract of Sale.
9. After you sign a Contract of Sale:
- the Deposit will be refunded to you by Polestar;
- you will be required to pay to Polestar the Driveaway Price set out in the Contract of Sale; and
- Polestar will deliver the Eligible Vehicle to you in accordance with the Contract of Sale.
Refund of the Deposit
10. If you ask us for a refund of the Deposit at any time prior to signing the Contract of Sale, we will refund the Deposit to you in full via the Payment Gateway Provider to the credit card you provided on the Website.
11. You may also be entitled to seek a refund of the Deposit from us in certain circumstances, depending on the terms of the Contract of Sale you sign, applicable statutory cooling off periods and your rights under the Australian Consumer Law.
12. We may cancel your Reservation at any time at our discretion. If the event of such a cancellation, we may sell the Eligible Vehicle to someone else and the Deposit will be refunded in full to the credit card you provided on the Website via the Payment Gateway Provider.
13. The Deposit for the Eligible Vehicle is not transferable to another person (or towards another vehicle) without our prior written consent (at our absolute discretion).
15. We will not receive credit card information you provide on the Website. This information will only be provided to the Payment Gateway Provider.
16. You represent and warrant that all information you provide on the Website is true and accurate. If any of the information you have provided is not true or not accurate, we may cancel your Reservation and refund the Deposit to you via the Payment Gateway Provider (subject to any obligations we may have to you under the Contract of Sale or applicable law).
17. Costs associated with using the Website are your responsibility and will be determined by the internet service provider you use.
18. To the full extent permitted by law, we exclude all liability for any loss (including any damage, claim, injury, cost or expense, including loss of opportunity) which you may suffer or incur in connection with the Service, including but not limited to any technical difficulties or access issues with the Website (whether or not under our control).
19. We reserve the right to cancel the Service for any reason and at any time. We also reserve the right to amend these Terms and Conditions at any time, but if we do so, will notify you of the amendments.
20. These Terms and Conditions are governed by the laws of New South Wales and the parties submit to the non-exclusive jurisdiction of its courts.