Terms & conditions

1. Acceptance of these terms of use and service

This Online Shop (as defined below) is developed and published on behalf of Polestar Automotive USA Inc. by a Georgia corporation, Zinc USA DBA Prominate Inc. (“Company”), having its head office and principal place of business at 7000 Central Parkway Suite 1100, Atlanta, GA 30328 . Orders placed in the US will typically ship from the US entity Zinc USA DBA Prominate Inc., 5120 Waynesville Jamestown Rd, Jamestown, OH 45335.

Your use of the https://additionals.polestar.com/ website and/or any other information exchange media, (collectively the “Online Shop”) and any Products (as defined below) you order via the Online Shop is governed by these Terms of Use and Service. Please read these Terms of Use and Service carefully before placing any orders on Online Shop.

By accessing the online shop and/or using it, you accept and undertake to be bound by these terms of use and service. If you do not accept these terms of use and service, do not access and/or use the online shop.

If you are under 18 years of age or a minor in your country of residence, you have to ask your legal guardian to complete your registration to the Online Shop for you.

Subject to your acceptance of and compliance with these Terms of Use and Service, Company grants you a personal, limited, non-exclusive, revocable and non-transferable license to use the Online Shop solely as for your personal and non-commercial purposes as set forth in these Terms of Use and Service.

When using this Online Shop, Polestar and the Company will process your personal data as set forth in the Privacy Notice available on legal.polestar.com/privacy/.

2. Provision and use of the online shop

Subject to the mandatory applicable legislation, Company has the right to provide the Online Shop as it deems appropriate including the right to amend the Online Shop. If such changes necessitate changes in your operating environment or other devices, you shall make such changes at your own expense. Company notifies you of changes that materially affect the use of the Online Shop a reasonable time in advance.

Company may suspend the Online Shop where necessary for example for installation, amendment or maintenance work or if laws, regulations or authorities so require or if there are other justifiable reasons for suspension. Company aims to ensure that the suspension is as short as possible. Subject to the mandatory applicable legislation Company has the right to terminate the Online Shop at its sole discretion. Should any suspensions or termination of the Online Shop occur, Company aims to reasonably notify you of such occurrences in beforehand.

You agree to use the Online Shop in a manner that does not cause harm to Company, other users or third parties. Company reserves the right to terminate or restrict your access to the Online Shop without prior notice if you violate these Terms of Use and Service or if you abuse the Online Shop or load the Online Shop to an unusual extent. Company is entitled to prevent access to the Online Shop if it has reason to believe that you are engaged in illegal activity or compromise other users’ or Company’s data security or privacy.

Company may use subcontractors to fulfil its obligations pertaining to the Online Shop and/or these Terms of Use and Service.

3. Products, shipping and payment and product return policy

 3.1    Products

By using the Online Shop, you may purchase certain products, including but not limited to brand items and accessories (“Products”). The sale becomes binding between you and Company when Company receives your payment.

Information on Product delivery times and other Product information is specified in the Online Shop web site. All orders are subject to acceptance and availability.

3.2    Shipping and payment

Delivery dates are given as a guide only due to the uncertainties of transport. ZINC undertakes to use its best endeavours to comply with the desired delivery dates indicated, except in circumstances beyond its control and in situations under force majeure. Please check the shipping times for each Product separately.

We make every effort to accurately estimate shipping charges. From time to time, we may underestimate the shipping charges on your order or there may be changes out of our control from the carrier which may affect final shipping charges. In such event we may make reasonable adjustments to your shipping charges. You always have the option to provide us with a shipping account number (a small handling charge may apply). If there are additional carrier charges which occur at any point which are associated to your order such as residential shipping fees and product re-directs, we reserve the right to charge you as those carrier expenses become known.

Should you wish to receive a printout of an order you have placed, this can be done by printing out the order confirmation you receive after you have placed your order. This confirmation will be sent to you by e-mail after you have completed the order process by clicking on “Place the order” (or an equivalent) and once your payment information has successfully been processed. Further, you will receive a shipping confirmation by e-mail once the Product(s) have been shipped to you.

Payment is done via customer’s credit card in USD.

3.3    Product return

You have the right cancel your order with us provided you give the Company notice of cancellation within 14 days from the day after you received the order. Notice of contract cancellation must be given in a clear message. It may be made by filling the contact form in this Online Shop (you can access it by clicking here) or by sending email to [email protected], but you are not obligated to use these channels. If you choose to use the contact form, we will without delay confirm receipt of your decision to invoke your right of withdrawal, e.g., by email.

Please include the following information in your message when you contact Company:

• Your Name
• Order number
• Date of Original Order
• Original amount paid for the product you wish to return
• The reason why you want to return the product (wrong size, did not meet expectations, manufacturer defect, etc.)

Please wait for return instructions from the Company prior to returning product.

Refund payments will be made in the same currency and by the same means as used by you when placing your order. However, you will need to return the product to the Company by secure means to ensure it reaches the Company in good condition.

When returning a product please follow these steps:

• Please include a copy of the original confirmation and order details with the return.
• Remember to use a shipping service when sending a product back, which is able to track your returned shipment and keep proof of postage until you are refunded for shipping and/or product, if applicable.
• If reusing original packaging, please be sure no other shipping address is visible.
• Secure the product in your return package. We are not responsible for the cost of lost returned merchandise.
• Use provided shipping return label provided, if applicable.

Refunds will be processed as soon as possible after the product is inspected and approved for return.

Our aim is to ensure that all customer orders are fulfilled correctly and without damages. However, if you received a damaged, defective or wrong product, please contact us by filling the contact form (you can access it by clicking here) or by sending an email to [email protected].

4. Experience

The Polestar Experience as a product is offered by Polestar Performance AB or one of its subsidiaries(“Polestar”). Polestar will be the contractual partner of the purchaser. Prominate Inc as the operator of thiswebsite merely acts as an intermediate. Therefore, for the rights and obligations in connection with the participation in the Polestar Experience and its associated services, Polestar´s General Terms and Conditionsexclusively apply, unless said Terms and Conditions refer to these Terms and Conditions on hand. Polestar´sGeneral Terms and Conditions are available here . By clicking on the button “PLACE ORDER” the Participantaccepts Polestar´s General Terms and Conditions.

5. Pricing and availability

The prices in force from time to time are specified in connection with each product. Shipping charges are added when applicable and they may vary in accordance with the shipping destination and other applicable practical factors. The prices are subject to public charges determined by the authorities, including value added tax pursuant to the legislation in force from time to time. Public charges are added to the prices in check out and updated when shipping destination is selected. Please note that the public charges may vary depending on the shipping destination. Payment will be done at the time of purchase using the available payment methods.

Additional customs, duties as well as brokerage charges may however apply depending on the shipping destination and will be collected at the time of delivery. Please note that Company is not responsible for such charges. This is likely for shipments outside of the US. For an indication of such charges please enquire through the contact form on the website.

Accepted payment methods are specified in the Online Shop web site. You can pick the payment method you wish to use during the checkout process. The payment interface uses SSL secure server with digital certificates and your payment information is fully encrypted during the checkout process.

Whilst the Company tries and ensures that all details, descriptions and prices which appear on the Online Shop are accurate, errors may occur. If the Company discovers an error in the price of any goods which you have ordered the Company will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If the Company is unable to contact you the Company will treat the order as cancelled. If you cancel and you have already paid for the Products, you will receive a full refund. Where applicable, prices are inclusive of VAT and outlined in the checkout.

The Online Shop may contain typographical errors or other errors or inaccuracies and may not be complete or current. The Company therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.

6. Intellectual property rights

Company and/or Polestar Automotive USA Inc. own all rights, title and interest in and to the Online Shop as well as any material in or provided through the Online Shop, including any copyright, patent, trademark, design right, trade secret and any other intellectual property rights and the Products include trademarks belonging to Polestar Automotive USA Inc.. You shall not receive any ownership rights by using the Online Shop.

You are permitted to use the Online Shop only as expressly authorized in these Terms of Use and Service. Any reproduction or redistribution of the Online Shop content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing the content for your own personal use.

This Online shop is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any content, software, products, or services contained within the Online shop. You may not use the Online shop, or any of its content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own site.

7. Indemnification

At Company’s request, you agree to compensate the Company fully, defend the Company, and hold the Company harmless immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of these Terms of Use and Service by you, including the use by any other persons accessing the Online Shop using your Internet account caused by your action or inaction.

8. Links to third party sites

The Online Shop may contain links to sites, which are owned or operated by third parties (“Third Party Sites”). Company shall not be responsible for the content or for products or services offered by third parties. Further, the content on Third Party Sites may be subject to separate terms of service and/or privacy policies, the contents of which Company recommends you review.

9. Force majeure

A force majeure event shall discharge Company from its obligations with respect to the Online Shop in the event that the said force majeure event prevents or unreasonably impedes the performance pertaining to the Online Shop. Examples of force majeure include fire, earthquake, flood, explosion, strike or other stoppage of work, orders of public authorities, disruption of energy supplies, shortage of raw materials or equipment, disruption of cable or other data communications caused by or arising from outside factors, or other comparable causes that were not foreseen and that could not reasonably have been prepared for in advance.

10. Amendments and termination

Company has the right to amend these Terms of Use and Service by notifying you of such amendments reasonably in advance. Company delivers the amended Terms of Use and Service to you via the Online Shop or some other suitable means at its discretion. Your continued use of the Online Shop after receiving the notification regarding such amendments shall be deemed as your acceptance of the amended Terms of Use and Service.

In case you object the entry into force of the amended Terms of Use and Service and if you and Company do not agree otherwise in writing, your right to use the Online Shop shall terminate on the date the amended Terms of Use and Service enter into force.

Company may also at its discretion notify you of amendments and make the amended Terms of Use and Service available without prior notice upon the next time you access the Online Shop and make it conditional for continued use of the Online Shop for you to specifically accept the amended Terms of Use and Service (for example by clicking “Accept”). However, should you choose not to accept the amended Terms of Use and Service made available to you in accordance with this paragraph Your right to use the Online Shop shall terminate immediately.

If, at any time, any provision hereof is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, the legality, validity or enforceability of the remaining provisions shall in no way be affected or impaired thereby. The invalid provision shall be replaced by a valid one which achieves the original purpose and commercial goal of the invalid provision to the extent possible.

Any changes made after you have placed an order will not affect that order unless the Company is required to make the change by law.

11. Limitation of liability

Nothing in the Terms of Use and Service is intended to affect your rights under the mandatory applicable law (e.g. such as but not limited consumer protection legislation).

To the greatest extent permitted by the applicable law, the Online Shop is provided on an “AS IS” basis without warranties of any kind. Company does not warrant that the Online Shop will function without interruptions or error-free.

To the greatest extent permitted by the applicable law, Company shall not be liable for direct or indirect damages caused by a possible delay, a change or loss of a service, product or material transferred through the Online Shop. Company is not liable for direct or indirect damages caused by interruptions and disturbances including loss or delay of data or changes in data due to technical defects or maintenance. Further, Company disclaims any liability for direct or indirect damages caused to you by harmful programs (viruses, worms or the like) or incorrect content in the Online Shop.

12. Applicable law and settlement of disputes

These Terms of Use and Service and the contractual relation related thereto shall be governed by the laws of the state of New Jersey, without regard to its conflicts of law principles. Disputes arising out of these Terms of Use and Service or the contractual relation related thereto will be attempted to be settled amicably. You agree to submit to the jurisdiction of the federal and state  courts in Bergen County, NJ  with respect to such matters.