Terms & Conditions - Online Orders
1. ACCEPTANCE OF TERMS AND CONDITIONS
Please find below the terms and conditions ("Terms") on which you are able to place a binding online order ("Order") of a Polestar based on your own configuration. Please read these Terms carefully and make sure you understand them before placing your Order. If you are unable to accept these Terms, you will unfortunately not be able to proceed with your Order.
Please note that these Terms only apply to the Order. The purchase of your Polestar car will be subject to you entering into a Sales Contract in connection with a selected retailer of your choice ("Polestar Space"). By finalizing the online Order and ticking the box to confirm your acceptance of these Terms you acknowledge and confirm that you have read and agree to be bound by these Terms.
2. INTRODUCTION
By placing your Order you agree to purchase the vehicle including selected options, accessories and services as will be detailed in your order specification ("Order Specification") in accordance with these Terms. Your Order is configured and priced based on your Order selections. As soon as your Order has been assigned to either
a vehicle already manufactured or a production slot, your expected delivery time will be updated in your account page. You can log into your account under the following link: https://www.polestar.com/us/order-page/.
3. THE RIGHT TO PLACE AN ORDER
3.1 To be able to place an Order, you must be at least 18 years of age and ensure that all the details you provide in your Order are true and correct.
3.2 An Order can only be placed if the Order is for personal end-use. Polestar or Polestar Space has the right to cancel any Order that is not placed with the intention for personal end-use. If you wish to place an order for your business, please contact Polestar Customer Support: (800)-806-2504 or custsupp@polestar.com.
3.3 Your rights in respect of the Order are personal and may not be assigned or transferred to anyone else if not approved by Polestar or Polestar Space in writing.
3.4 When placing the Order, you represent and warrant that you are not a person, or acting on behalf of a person, designated on any sanctions list imposed by the UN, EU or US, and that you will not sell, provide or transfer the vehicle to any such sanctioned person, or to any person located in Cuba, Iran, North Korea, Syria or the Crimea region of Ukraine. If at any time these representations fail to be true, your Order will be terminated with
immediate effect, without any liability to compensate you whatsoever. Furthermore, according to law we may not be able to repay your Order Registration Fee (as defined below).
4. HOW TO MAKE AN ONLINE ORDER AND WHAT HAPPENS NEXT
4.1 To place your Order, you will need to complete the following on polestar.com or the Polestar app; a. Enter your ZIP code and select Polestar Space; b. Configure the vehicle and any services and/or accessories and select your payment method; c. Proceed to check-out; d. Provide the required customer details to create your Polestar ID; e. Accept these Terms by ticking the box; f. Pay the Order Registration Fee (as defined below). Once the above is completed and you have successfully paid the Order Registration Fee, your Order is considered to have been placed. Your Order is further subject to acceptance by Polestar Space.
4.2 After you have placed your Order, you will receive an e-mail verifying that your Order has been received ("Order Confirmation"). Each Order Confirmation will have its own, unique order number ("Order Number"). Please save the Order Number as this will be used as your main reference for Order related activities.
4.3 If you do not receive the Order Confirmation within two (2) hours of completing the online Order process, please contact Polestar Customer Support by following the instructions on: https://www.polestar.com/contact or via email: (custsupp@polestar.com).
4.4 The balance of the purchase price for your Order must be paid to Polestar Space before the scheduled delivery date of your vehicle. The payment details will be provided to you closer to the final payment date.
4.5 The price specification set out in your Order is based upon current applicable taxes, tariffs and other regulated fees and should only be used as an initial approximation of the cost of your vehicle. The price specification may not be inclusive of all taxes and/ or fees. Changes in costs and fees are outside of the control of Polestar and Polestar Space and subject to change. Contact Polestar Space for more details related to price specifications. Closer to the estimated delivery date, you will be informed of the delivery options available
to you and any additional charges that may apply depending on your specific delivery
preferences. The final price will be specified in the Sales or Lease Contract as per Section 4.6 below.
4.6 Before the delivery of your vehicle you will be provided with and requested to sign the Sales or Lease contract. The Sales or Lease Contract will include information such as the Vehicle Identification Number and the final price specification.
5. THE ORDER REGISTRATION FEE
5.1 If you have chosen to pay your Order by cash, you will need to pay an initial monetary amount ("Order Registration Fee") for your Order to be processed. The Order Registration Fee will later be applied to your final payment of the purchase price before you take delivery of your Order.
5.2 The Order Registration Fee is exclusive of applicable taxes. The Order Registration Fee will be reflected in your Order Specification.
5.3 The Order Registration Fee is payable by credit or debit card. A third-party provider, Stripe, is used to process the online payments. By accepting these Terms, you expressly agree to Stripe handling the payment transaction, your card details and any other information necessary for such payment transactions to be executed by Stripe (including but not limited to fraud prevention). Stripe is accepted by banks and card acquirers to securely manage payment transactions.
5.4 If you are a Pre-Order customer and have chosen to convert your Pre-Order to an Order, you will not be asked to make a new payment. In this case, your Pre-Order deposit will be converted into an Order Registration Fee and will be deducted from your final payment of the purchase price for your Order. By accepting these Terms, you agree that your Pre-Order deposit shall be held by Polestar Space.
5.5 The option to convert your Pre-Order deposit into an Order Registration Fee is only available for confirmed Pre-Order customers with a valid Pre-Order number.
5.6 The conversion of your Pre-Order deposit to an Order is a necessary step to complete your Order. If you choose not to convert your Pre-Order deposit, you will receive a refund of your Pre-Order deposit and your transaction will be cancelled by Polestar Automotive USA Inc.
5.7 When your Pre-Order deposit is converted to an Order Registration Fee, the Pre-OrderTerms & Conditions connected to the Deposit are replaced by these Terms connected to the Order.
6. RIGHT OF CANCELLATION AND CHANGE OF CUSTOMER SPECIFIC ORDERS
6.1 If you wish to cancel or change your Order, please contact Polestar Space or Polestar Customer Support by following the instructions on: https://www.polestar.com/contact/ or via email: (custsupp@polestar.com).
6.2 If you cancel your Order, then you will forfeit your Order Registration Fee which will be used to cover the costs incurred in connection with cancellation of the Order. Orders must be cancelled prior to order finalization. Order finalization occurs when you have accepted the terms of lease/loan financing with Polestar Space; this step usually occurs two to four weeks prior to delivery. The fee will be used to cover the costs incurred in connection with cancellation of the Order. Considering that these costs are difficult to specify and determine, you acknowledge and agree that the Order Registration Fee amount is a fair and reasonable amount to cover such costs.
6.3 Your cancellation will be processed without undue delay and in no event, no later than seven (7) days after your cancellation notice is received. If you are entitled to a refund of your Order Registration Fee, the refund will be made to the credit or debit card used by you when paying the Order Registration Fee. Please allow for at least fourteen (14) days for the refund to appear on your credit statement.
6.4 If you would like to change the configuration of your vehicle beyond the optional addons, please contact Polestar Space or Polestar Customer Support and they will do their best to accommodate your request(s). Be advised that a modification made to the configuration of your vehicle may also change the vehicle price.
7. ACCESSORY ORDERS
7.1 You may order accessories (hereinafter, "Product") by visiting polestar.com or by contacting Polestar Space.
7.2 All Products are subject to availability. If a Product becomes out of stock between the time you place an order and the time our warehouse processes it, we will cancel the purchase of the Product since it is no longer available. If this should occur, you will be notified via a cancellation e-mail. If payment has already been processed for such cancelled order, a refund will be issued to in the amount charged to the card used. If, for
any reason, alternative arrangements are necessary, you will be contacted via e-mail.
8. CUSTOMER SUPPORT
Should you have any questions or complaints regarding your Order, or wish to contact us for any other reason, you can do so by contacting Polestar Customer Support by following the instructions on https://www.polestar.com/contact/ or via email: (custsupp@polestar.com).
9. OUR LIABILITY TO YOU
In no event shall Polestar Automotive USA Inc. or Polestar Space, or any of either's respective affiliates or another Polestar retailer(s), be liable or responsible for any loss or damage of any kind arising out of or in connection to your Order (except as may be required under mandatory law), including (without limitation hereto) any failure to perform, or delay in performance of, your Order. Your sole and exclusive remedy related to your Order is limited to the refund of your Order Registration Fee.
10. VEHICLE WARRANTY
Your vehicle will come with the warranty terms listed below. You will receive the Polestar Warranty at or prior to the time of vehicle delivery. a) New Vehicle Limited Warranty (U.S.): 4 years/50,000miles/80,000 kilometers ;b) Battery Warranty*: 4 years/50,000 miles/80,000 kilometers, Full Coverage; c) California High Voltage Battery
Warranty: 10 years/150,000 miles; d) High Voltage Battery: 8 years/100,000 miles/160,000 kilometers; e) adjustments: 1 year/12,000 miles/20,000 kilometers ; f) Seat belts and S.R.S.: 5 years/unlimited mileage/kilometres; g) Corrosion Protection: 12 years/unlimited mileage/kilometres; h) Polestar Connect Warranty Coverage, Roadside Assistance, U.S./Canada: 4 years unlimited mileage (refer to the separate booklet in the Owner's Wallet* Remote Keyless Entry, Navigation, DVD, and Headphone System batteries are covered for 4 years/50,000 miles/80,000 km
11. HOW POLESTAR USES YOUR PERSONAL INFORMATION
Your personal information will be available to Polestar and Polestar Space. Polestar and Polestar Space are responsible for the personal data processed in connection with your Order. All processing will take place in accordance with applicable legislation concerning processing of personal data as well as Polestar's Information Notice found at https://www.polestar.com/polestar-information-notice/
12. OTHER IMPORTANT TERMS
12.1 Polestar or Polestar Space may assign or transfer its rights and obligations to another organization, but this will not affect your rights or Polestar Space's obligations under these Terms. We will always notify you in writing or by posting a notification on the Polestar website if this happens.
12.2 Your use of the Polestar website is also governed by the other terms and conditions on the site including "Privacy", "Legal" and "Cookies" which you will find on the bottom of the Polestar webpage. Please take the time to read these as they include important terms which apply to you.
12.3 If Polestar or Polestar Space need to contact you or give you notice in writing, it will be done by phone, e-mail or by pre-paid post at the contact details you provide to during the online Order process.
12.4 Images of the Polestar vehicle on our website may differ from the final production vehicle.
13. AMENDMENTS
These Terms may be revised from time to time but will in such an event provide you will be provided relevant information of the amended Terms first. If you do not agree to the changes, you are always entitled to cancel your Order and receive a full refund of your Order Registration Fee.
14. LIMITATION OF LIABILITIES AND WARRANTIES Polestar and Polestar Space exclude liability for any indirect loss, such as loss of revenue/profits, loss of contracts, loss of business, loss of opportunity or loss of reputation. Under no circumstances will any direct damage, for which liability is found towards you, exceed the value of your Order. This provision survives termination of your Order.
15. TRADEMARKS
The trademarks, names and logos displayed on polestar.com ("Site") are registered and unregistered trademarks of Polestar or affiliated brands. Prior written permission from Polestar is required for use of any trademark, image or video from the Site. Thus, except for your own personal and non-commercial use, it is strictly forbidden to copy, reproduce, download, post, transfer or distribute any document which comes from the Site, in any manner. You agree not to use any of our products for any commercial, business or resale purposes.
16. APPLICABLE LAW AND ARBITRATION
Unless otherwise required by mandatory law, these Terms are subject to the laws of the State in which you, the customer, entered into the Order.
CLASS ACTION WAIVER. I HEREBY WAIVE ANY RIGHT I MAY HAVE TO PARTICIPATE IN A CLASS ACTION, BRING A CLASS ACTION, OR PROCEED ON A CLASS BASIS.
ARBITRATION:
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. BY ELECTING ARBITRATION, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH BINDING ARBITRATION. YOU WAIVE THE RIGHT TO HAVE YOUR DISPUTE HEARD IN COURT AND WAIVE THE RIGHT TO BRING CLASS CLAIMS. YOU UNDERSTAND THAT DISCOVERY AND APPEAL RIGHTS ARE MORE LIMITED IN ARBITRATION.
Arbitration is a method of resolving a claim, dispute, or controversy without filing a lawsuit. By agreeing to arbitrate, the right to go to court is waived and instead claims, disputes or controversies are submitted to binding arbitration. This provision sets forth the terms and conditions of our agreement. You and Polestar agree and acknowledge that this Order affects interstate commerce, and the Federal Arbitration Act ("FAA") applies.
By agreeing to this provision, you elect to have disputes resolved by arbitration. You, Polestar or any involved third party may pursue a Claim. "Claim" means any dispute between You, Polestar or any involved third party relating to this Order, or our relationship, including the vehicle, its performance and any representations, omissions or warranties. "Claim" does not include personal injury or wrongful death claims. You or Polestar may
seek remedies in small claims court or provisional judicial remedies without arbitrating.
You or Polestar may select arbitration with American Arbitration Association, JAMS or National Arbitration and Mediation. Contact these sponsors for their rules. The hearing will be in the federal district court where You reside. If agreed, it may be by telephone or written submissions.
Filing and arbitrator fees to be paid per the sponsor rules. You may contact the sponsor for a fee waiver. If no fee waivers, Polestar will pay filing and arbitrator fees up to $5,000 unless law requires more. Each party is responsible for other fees. Arbitrator may award costs or fees to the prevailing party, if permitted by law. Polestar will not seek fees unless the claims are found to be frivolous.
The arbitrator shall be an attorney or current or retired judge familiar with automotive or consumer finance. The arbitrator shall follow substantive law, statute of limitations and decide all issues relating to the interpretation, construction, enforceability and applicability of this provision. The arbitrator may order relief permitted by law. This provision is governed and enforceable by the FAA. An award shall include a written opinion and be final, subject to appeal by the FAA.
This provision survives termination of your Order or our relationship, bankruptcy, assignment or transfer. If part of this provision is unenforceable -- the remainder remains in effect. If unenforceability allows arbitration as a class action, then this provision is entirely unenforceable. Polestar reserves the right to make changes to this provision after providing written notice and You will then have 30 days from the date of notice to cancel your Order contacting Polestar Space or Polestar Customer Support by following the instructions on https://www.polestar.com/contact or via email: (custsupp@polestar.com).