Privacy Statement

Controller within the meaning of the General Data Protection Regulation (“GDPR”) is:

Daimler AG (“We“)
Mercedesstraße 120
70372 Stuttgart
Germany
Phone: +49 711 17 - 0
Email: dialog@daimler.com

Data Protection Officer:

Daimler AG
Konzernbeauftragter für den Datenschutz/Chief Officer Corporate Data Protection
HPC G353
70546 Stuttgart
Germany
Email: data.protection@daimler.com

 

1. Data protection

We are pleased about your visit on our web pages and your interest in our offers. The protection of your personal data is an important concern for us. In these Privacy Statement we explain how we collect your personal data, what we do with it, for what purposes and on what legal basis this is done, and which rights and claims are associated with it for you. In addition, we refer to the Daimler Data Protection Policy:

Daimler Data Protection Policy (pdf)

Our Privacy Statement for the use of our websites and the Data Protection Policy of Daimler AG do not apply to your activities on the websites of social networks or other providers that you can reach via the links on our websites. Please check the websites of these providers for their data protection regulations.

 

2. Collection and processing of your personal data

1. When you visit our website, we store certain information about the browser and operating system you use, the date and time of your visit, the access status (e.g. whether you were able to access a website or received an error message), the use of website functions, the search terms you may have entered, the frequency with which you access individual websites, the designation of files accessed, the amount of data transferred, the website from which you accessed our websites and the website which you visit from our websites, either by clicking on links on our websites or by entering a do-main directly in the input field of the same tab (or the same window) of your browser in which you opened our websites. We also store your IP ad-dress and the name of your Internet service provider for seven days for security reasons, in particular to prevent and detect attacks on our websites or attempts at fraud.

2. We only store other personal data if you provide this data, e.g. as part of a registration, a contact form, a survey, a price competition or for the execution of a contract, and even in these cases only insofar as this is permitted to us on the basis of a consent given by you or in accordance with the applicable legal provisions (further information on this can be found below in the section "Legal basis of processing").

3. You are not legally or contractually obliged to make available your personal data. However, it is possible that certain functions of our websites depend on the availability of personal data. If you do not make available personal data in these cases, this may result in functions not being available or only being available to a limited extent.

 

3. Purposes of use

1. We use the personal data collected when you visit our website in order to operate it in the most convenient manner for your use and to protect our IT systems from attacks and other illegal activities.

2. If you provide us with further personal data, e.g. within the scope of a registration, a contact form, a survey, a price competition or for the execution of a contract, we use this data for the purposes mentioned, for the purposes of customer administration and - if necessary - for the purposes of processing and accounting of any business transactions, in each case to the extent required for this.

 

4. Transfer of personal data to third parties; social plug-ins

1. Our websites may also contain offers of third parties. If you click on such an offer, we transfer data to the respective provider to the required extent (e.g. information that you have found this offer with us and, if applicable, further information that you have already provided on our websites for this purpose).

2. When we use social plug-ins on our websites from social networks such as Facebook, Twitter and Google+, we integrate them as follows:

   When you visit our websites, the social plug-ins are deactivated, i.e. no data is transmitted to the operators of these networks. If you want to use one of the networks, click on the respective social plug-in to establish a direct connection to the server of the respective network.

   If you have a user account on the network and are logged in when you activate the social plug-in, the network can associate your visit to our websites with your user account. If you want to avoid this, please log out of the network before activating the social plug-in. A social network cannot associate a visit to other Daimler websites until you have activated an existing social plug-in.

   When you activate a social plug-in, the network transfers the content that becomes available directly to your browser, which integrates it into our websites. In this situation, data transmissions can also take place that are initiated and controlled by the respective social network. Your connection to a social network, the data transfers taking place between the network and your system, and your interactions on that platform are governed sole-ly by the privacy policies of that network.

   The social plug-in remains active until you deactivate it or delete your cookies.

   Cookie Statement

3. If you click on the link to an offer or activate a social plug-in, personal data may reach providers in countries outside the European Economic Area that, from the point of view of the European Union ("EU"), may not guarantee an "adequate level of protection" for the processing of personal data in accordance with EU standards. Please remember this fact before clicking on a link or activating a social plug-in and thereby triggering a transfer of your data.

 

5. Analysis of usage data; use of analysis tools

1. We would like to tailor the content of our websites as precisely as possible to your interests and in this way improve our offer for you. In order to identify usage preferences and particularly popular areas of the websites, we use the following analysis tool(s): Google Analytics, Adobe Analytics.

2. When using these analysis tools, data may be transferred to servers located in the USA and processed there. Please note the following: In the USA, the European Union considers that there is no "adequate level of protection" for the processing of personal data in accordance with EU standards. However, this level of protection can be replaced for individual companies by certification according to the so-called "EU-U.S. Privacy Shield".

3. If you do not want us to collect and analyze information about your visit to our website using the analysis tools mentioned above, you can object to this at any time with effect for the future ("opt-out").

   We implement your objection by setting an opt-out cookie in your browser. This cookie is only used to associate your objection. Please note that for technical reasons, an opt-out cookie only works in the browser in which it was set. If you delete the cookies or use a different browser or device, please opt-out again.

4. Below you will find information on the providers of the analysis tools we use and the respective opt-out options:

   1. Google Inc. („Google“):

      Google is certified according to the EU-U.S. Privacy Shield.

      You can prevent the transfer of your data and its collection and processing by Google. Google informs about this via the following link:

      https://tools.google.com/dlpage/gaoptout?hl=en

   2. Adobe Systems Inc. (“Adobe“)

      Adobe is certified according to the EU-U.S. Privacy Shield.

      To object to the analysis through the product Adobe Analytics, you can follow this link:

      http://www.adobe.com/mena_en/privacy/opt-out.html

 

6. Usage-based information (targeting and retargeting)

In order to be able to tailor our online marketing (e.g. banner advertising) on the websites of our retargeting partners (Flashtalking, Google Adwords, Google Doubleclick and Vivaki) more specifically to your needs and interests, we use so-called retargeting technologies. Your interest in our products and services is stored in cookies. These cookies are read and used when visiting other websites that work together with our retargeting partners in order to be able to inform you as focused on your interests as possible. This is done anonymously, i.e. you cannot be identified by retargeting.

If you do not want Daimler and its retargeting partners to collect, store and analyze information about your visit and to tailor banner advertising to your interests, you can object to this at any time with effect for the future (opt-out).

An opt-out cookie is placed in your browser to technically implement your objection. This cookie is used exclusively for the association of your objection. Please note that for technical reasons, an opt-out cookie can only be used for the browser from which it was set. If you delete the cookies or use another browser or another terminal device, please opt-out again.

You can manage and disable the use of cookies by third parties on the following website:

http://www.youronlinechoices.com/uk/your-ad-choices

 

7. Security

We use technical and organisational security measures to protect your data managed by us against manipulation, loss, destruction and against access by unauthorised persons. We are constantly improving our security measures in line with technological developments.

 

8. Legal bases of processing

1. Insofar as you have given us your consent for the processing of your personal data, that consent is the legal basis for the processing (Art. 6 para. 1 letter a GDPR).

2. For the processing of personal data for the purposes of initiating or fulfilling a contract with you, Art. 6 para. 1 letter b GDPR is the legal basis.

3. Insofar as the processing of your personal data is necessary for the fulfilment of our legal obligations (e.g. for the retention of data), we are authorized to do so pursuant to Art. 6 para. 1 letter c GDPR.

4. In addition, we process personal data for the purposes of safeguarding our legitimate interests and the legitimate interests of third parties pursuant to Art. 6 para. 1 letter f GDPR. Maintaining the functionality of our IT systems, marketing our own and third-party products and services as well as documenting business contacts as required by law are such legitimate interests.

 

9. Deletion of your personal data

Your IP address and the name of your Internet service provider, which we only store for security reasons, will be deleted after seven days. Otherwise, we delete your personal data as soon as the purpose for which we have collected and processed the data ceases to apply. Beyond this point in time, data is only stored if this is required by the laws, regulations or other legal provisions of the European Union or of a member state of the European Union to which we are subject.

 

10. Rights of the data subject

1. As a data subject, you have the right of access (Art. 15 GDPR), right to rectification (Art. 16 GDPR), right to erasure (Art. 17 GDPR), right to restriction of processing (Art. 18 GDPR) and right to data portability (Art. 20 GDPR).

2. If you have consented to the processing of your personal data by us, you have the right to revoke your consent at any time. The legality of processing your personal data before revocation remains unaffected. We may further process such data pursuant to another applicable legal basis, e.g. for the fulfilment of our legal obligations (cf. section "Legal bases of processing").

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3. Right to object
   You have the right to object at any time to the processing of your personal data pursuant to Art. 6 para. 1 letter e GDPR (data processing in the public interest) or Art. 6 para. 1 letter f GDPR (data processing on the basis of a balance of interests) on grounds relating to your particular situation. If you object, we will only process your personal data if we can prove compelling legitimate reasons that outweigh your interests, rights and freedoms, or for the establishment, exercise or defence of legal claims.

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4. We ask you to address your claims or declarations to the following contact address if possible: data.protection@daimler.com.

5. If you believe that the processing of your personal data violates legal requirements, you have the right to lodge a complaint with a competent data protection supervisory authority (Art. 77 GDPR).

 

11. Newsletter

If you subscribe to a newsletter offered on our website, the data provided in the newsletter subscription will only be used for sending the newsletter, unless you agree to further use. You can unsubscribe at any time using the unsubscribe option provided in the newsletter.

 

12. Central Access Service of Daimler AG

With the central access service of Daimler AG you can register for all websites and applications of Daimler Group and its brands that are connected to that service. The terms and conditions of use of the central access service of Daimler AG can be called up under the following link:

Terms of Use of the Central Access Service of Daimler AG

 

13. Cookies

Information on the cookies we use and their functions can be found in our Cookie Statement.

Cookie Statement

 

Status: May 2018

Legal notice

Copyrights

Copyright 2018 Mercedes-Benz Customer Solutions GmbH. All rights reserved. All text, images, graphics, sound files, video files and animation files and their arrangements are subject to copyright and other intellectual property laws. They may not be copied, either for commercial purposes or for redistribution, nor may they be modified for use on other websites. Some Mercedes-Benz Customer Solutions GmbH webpages also include material that is subject to the copyright of those parties who have made such material available.

Products and Prices

Some products and services may have changed since individual pages on this website were last edited. The manufacturer reserves the right to make changes during the delivery period to the design, form and color of the products and to the scope of the goods and services to be supplied, provided these changes or variations can be deemed reasonable with respect to the customer, while taking into account the interests of Mercedes-Benz Customer Solutions GmbH. The images depicted may show accessories, optional equipment or other features that are not part of the standard specification. Colors may differ slightly from those depicted, for technical reasons. Some pages may also feature models and services that are not available in individual countries. Statements regarding legislative, fiscal or other legal regulations and the implications of these are valid only for the Federal Republic of Germany. Subject to any contrary provision in the terms and conditions of sale or delivery, the prices valid on the date of delivery will apply. For our dealers, the prices are to be regarded as the recommended retail price. Please contact a company-owned sales and service outlet or an authorized dealer for the latest information.

Trademarks

Unless otherwise stipulated, all brand names featured on the webpages are legally protected trademarks belonging to Daimler. This applies in particular to the model names and all corporate logos and emblems.

License Rights

Mercedes-Benz Customer Solutions GmbH has sought to bring you an innovative and informative website and we hope that you will be as enthusiastic about our creative effort as we are. Please appreciate, however, that Daimler AG and Mercedes-Benz Customer Solutions GmbH have to protect their intellectual property, including patents, trademarks and copyrights, and that these webpages cannot be construed as granting any license rights to the intellectual property of Daimler and/or Mercedes-Benz Customer Solutions GmbH.

Forward-looking Statements

These webpages contain forward-looking statements that reflect our current views about future events. The words 'anticipate,' 'assume,' 'believe,' 'estimate,' 'expect,' 'intend,' 'may/could,' 'plan,' 'project,' 'should' and similar expressions are used to identify forward-looking statements. These statements are subject to many risks and uncertainties, including an adverse development of global economic conditions, in particular a decline of demand in our most important markets; a worsening of the sovereign debt crisis in the eurozone; a deterioration of our funding possibilities on the credit and financial markets; unavoidable events of force majeure including natural disasters, acts of terrorism, political unrest, industrial accidents and their effects on our sales, purchasing, production or financial services activities; changes in currency exchange rates; a shift in consumer preference toward smaller, lower margin vehicles; or a possible drop in acceptance of our products or services which limits our ability to achieve prices as well as to adequately utilize our production capacities; price increases in fuel or raw materials; disruption of production due to shortages of materials, labor strikes or supplier insolvencies; a decline in resale prices of used vehicles; the effective implementation of cost-reduction and efficiency-optimization measures; the business outlook of companies in which we hold a significant equity interest; the successful implementation of strategic cooperations and joint ventures; changes in laws, regulations and government policies, particularly those relating to vehicle emissions, fuel economy and safety; the resolution of pending governmental investigations and the conclusion of pending or impending future legal proceedings; and other risks and uncertainties, some of which are described under the heading 'Risk Report' in the most recent Daimler Annual Report. If any of these risks and uncertainties materialize, or if the assumptions underlying any of our forward-looking statements prove incorrect, then our actual results may be materially different from those we express or imply by such statements. We do not intend or assume any obligation to update these forward-looking statements. Any forward-looking statement speaks only as to the circumstances on the date on which it is made.

Liability

The information provided and the statements made on these pages do not constitute any assurance or warranty, either express or implied. In particular such information is not an implied promise or warranty in respect of quality, marketability, fitness for any particular purpose, or the non-infringement of laws and patents. Our webpages also contain links to other websites. We would like to point out that we have no influence over the design and content of the linked sites. We therefore accept no liability for the accuracy, completeness or quality of the information provided there, nor do we guarantee that it is up to date. We hereby distance ourselves from all content of such sites. This declaration applies to all links to external sites contained on our webpages and to the content of such sites.

Packaging Ordinance

With regard to retail packaging that is supplied to private end users, our company is affiliated with the packaging collection scheme operated throughout Germany by Redual GmbH of Kornmarkt 34, 35745 Herborn (customer number 01167), thereby fulfilling the statutory requirement to provide a comprehensive system for recovering packaging. In Germany, retail packaging can be returned to any public collection point operated by local authorities (e.g. recycling depots) or to any Mercedes-Benz or smart sales outlet. Please find out what collection scheme applies in your region and use this service to dispose of packaging.

Batteries Act

Used batteries and accumulators (jointly 'used batteries') must not be disposed of in general domestic waste (household refuse). Used batteries can contain pollutants that can cause harm to the environment and to human health.

As a distributor of batteries and accumulators, we use the services of the 'Stiftung Gemeinsames Rücknahmesystem Batterien' (Foundation for Collective Battery Recovery System). In accordance with section 18 (1) of the German Batteries Act, we, as a retailer, are obligated to notify you, as a customer, of the following:

The end user of batteries and accumulators is obligated to take used batteries to the collection points designated for this specific purpose. You can return used batteries free of charge to Mercedes-Benz and smart sales outlets, to a public collection point or to a local store. Batteries containing hazardous substances are marked with a picture of a refuse bin with a strike through it and with the chemical symbol (Cd, Hg or Pb) denoting the heavy metal that is present in sufficient quantity for the battery to be classified as hazardous. Batteries that contain over 0.0005 mass percent mercury (Hg), over 0.002 mass percent cadmium (Cd) or over 0.004 mass percent lead (Pb) are labeled with the corresponding chemical symbol of the metal (Hg, Cd, Pb) for which this limit has been exceeded.

Electrical and Electronic Equipment Act

Electrical and electronic equipment that is no longer required must not be disposed of in general domestic waste (household refuse). Instead, it must be disposed of separately at designated collection points. Old electrical and electronic equipment may contain pollutants that can cause harm to the environment and to human health.

In compliance with the Electrical and Electronic Equipment Act, we have signed up to the Stiftung Elektro-Altgeräte Register (national register for waste electrical equipment).

Please return used devices by means of the collection systems designated for this purpose. In Germany, used devices are collected from council-managed recycling depots. Please find out what collection scheme applies in your region and use this service to dispose of electrical and electronic equipment. In the European Union, the return of such used equipment is a legal requirement and costs the user nothing.

All used devices are recycled so that valuable raw materials such as iron, zinc and nickel can be recovered.

Information about online dispute resolution

The European Commission has established an internet platform for online dispute resolution (so called “ODR platform”). The ODR platform is a point of entry for out-of-court resolutions relating to contractual obligations of online sales contracts. You can get to the ODR platform by following the link: http://ec.europa.eu/consumers/odr

Information according to § 36 Verbraucherstreitbeilegungsgesetz (VSBG)

Daimler AG will not participate in a dispute settlement procedure before a consumer arbitration board in terms of the VSBG and is not obliged to do so.

General Terms and Conditions

Mercedes-Benz Customer Solutions GmbH
A Daimler Company

General Terms and Conditions for Purchasing Chargeable Mercedes me connect services and Chargeable on-demand feature

 

Print version of the GTC (pdf)

 

A. Subject Matter of the Contract Agreement, Scope of Application, Identity of the Store Operator

1. These general terms and conditions relating to the Mercedes me connect information and telematics services (hereinafter referred to as "Services") as well as the on-demand feature for Mercedes-Benz cars (hereinafter referred to as "on-demand feature") of Daimler AG, Mercedesstrasse 137, 70372 Stuttgart, Germany, apply to all customer (hereinafter referred to as "Customer") orders for obtaining chargeable rights to use Services (hereinafter referred to as "Chargeable Services") and on-demand feature (hereinafter referred to as "Chargeable on-demand feature") through the Mercedes me connect Store. These general terms and conditions apply to both the purchasing of Chargeable Services and Chargeable on-demand feature (hereinafter together referred to as "Chargeable Services") as well as to the extension of the duration of Chargeable Services for Services. Certain Customers may enjoy further rights to the extent that they are consumers; for more information, see Part M, section 1 below.

2. Parts C, F section 1, H, J and K shall apply to Services and Chargeable Services only. Parts D and F section 2 shall apply to on-demand feature and Chargeable on-demand feature only. The other Parts shall apply to both Services and Chargeable Services as well as on-demand feature and Chargeable on-demand feature.

3. The Mercedes me connect Store is operated by Mercedes-Benz Customer Solutions GmbH (hereinafter referred to as "MBA"). For more information about MBA, see Part M, section 6 below.

4. The Customer's general terms and conditions are hereby expressly rejected. This rejection shall apply even if the Customer references his own general terms and conditions of business or purchasing when issuing a confirmation.

 

B. Contract Formation, Transfer of Rights and Duties

1. Upon completing the ordering process on the Mercedes me connect Store webpages, the Customer will have made to MBA a binding offer to enter into a contract.

   To place such orders, the Customer must have an email account. The ordering process consists of the following steps. In step one, the Customer selects the type and number of Chargeable Services he wants. In step two, the Customer's personal data, including email address and billing address, are collected; thereby, the billing address is forwarded by Daimler AG to MBA, i.e. the Customer does not need to provide this information separately. The Customer grants their consent to the immediate activation of the Services and on-demand feature (as applicable) before the end of the cooling-off period as set forth in the information concerning the cancellation policy in Part E below. In step three, the Customer chooses one of the payment methods described in Part G. In the final step, the Customer may review all of the information one more time and, if necessary, correct it before completing the ordering process with the click of the "buy" button. The Customer may, by clicking the "back" button, correct any entry errors before transmitting his order. Information that is either missing from or incorrectly entered in the mandatory fields will be identified in red font and bordered in red.

   The order data will not be stored by MBA and can no longer be retrieved after the ordering process is completed. The order data and the general terms and conditions (including the information concerning the cancellation policy) can be viewed again in the order confirmation, which is sent to the Customer via email after the order is placed and may be printed from there in file format.

2. MBA will immediately confirm the receipt of the order by sending an email to the Customer. The order is sent merely as notice to the Customer about the receipt of his offer and will not yet form a contract, i.e. it will not be deemed an acceptance of the Customer's offer.

3. The Customer is bound by his order for no more than 7 days after transmitting it.

4. The contract governing the purchase of the Chargeable Services will not begin until MBA has confirmed its acceptance of the order within the aforementioned 7-day period either via email or by activating the respective Service or on-demand feature (as applicable) in the vehicle selected by the Customer. MBA will notify the Customer without undue delay if MBA does not accept the order.

 

C. Purchase of Chargeable Services, Provision of Services, Term

1. By purchasing the Chargeable Services, the Customer will be entitled to use the Services. The Services will be provided by Daimler AG. The Customer's use of the Services will be governed by the Terms of Use for the Mercedes me connect and smart control Services and the Mercedes me connect and smart control Overview of Services of Daimler AG (hereinafter collectively referred to as "Daimler Terms of Use").

2. The Customer may use the Services for a single vehicle during the term agreed to with MBA. MBA is entitled to alert the Customer via email about the forthcoming end of the term.

 

D. Purchase of Chargeable on-demand feature, Use of on-demand feature

1. By purchasing the Chargeable on-demand feature, the Customer will be entitled to use the on-demand feature.

2. To be able to purchase the Chargeable on-demand feature, the Customer needs to accept the Terms of Use for the Mercedes me connect and smart control Services of Daimler AG.

3. The Customer may obtain information on which on-demand feature are available for his vehicle and further details on the on-demand feature in the Customer's Mercedes me connect user account, or on the Mercedes me connect Store.

4. To be able to use the on-demand feature for a vehicle, the vehicle must be connected with Mercedes me connect. To activate the on-demand feature, the ignition of the vehicle needs to be switched on and off and a connection to the vehicle backend of Daimler AG needs to be established. The Customer may obtain further information in the Customer's Mercedes me connect user account.

5. The on-demand feature may be used in the vehicle for which it has been purchased. The on-demand feature may be used indefinitely for the lifetime of the vehicle, irrespective of whether the vehicle is subsequently disconnected from Mercedes me connect.

6. To be able to verify whether the available on-demand feature have been purchased, the vehicle regularly connects to the vehicle backend of Daimler AG by reference to the vehicle identification number and, in this connection, regularly transfers the information which on-demand feature are activated in the vehicle.

 

E. Right of cancellation, effects of cancellation

1. Cancellation policy

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Right of cancellation
You have the right to withdraw from this contract within 14 days without giving any reason.
This cooling-off period will expire after 14 days from the day of the conclusion of the contract.

In order to exercise your right of cancellation, you must inform us (Mercedes-Benz Customer Solutions GmbH, c/o Mercedes-Benz Customer Assistance Center Maastricht N.V (CAC), P.O. Box 1456, 6201 BL Maastricht, The Netherlands, Telephone 00800 9 777 77 77, fax +49 711 21768006, email mercedes_me_connect@cac.mercedes-benz.com.) of your decision to withdraw from this contract by means of an unambiguous statement (e.g. a letter sent by post, a fax or an email). For this purpose, you may use the attached sample cancellation form, but it is not obligatory.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cooling-off period has expired.


Effects of cancellation
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

If you requested to begin the performance of the Services or on-demand feature during the cooling-off period, you shall pay us a reasonable amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.


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The sample cancellation form mentioned in the foregoing information is appended as an annex to these general terms and conditions.



2. The right of cancellation applies only to consumers. A consumer is any natural person who concludes a legally binding transaction for purposes that cannot be attributed primarily to his or her commercial or independent professional work.

 

F. Prices for Chargeable Services

1. The prices stated for Chargeable Services are to be understood as final prices for the right to use the Services for a selected vehicle during the agreed term.

2. The prices stated for Chargeable on-demand feature are to be understood as final prices for the right to use the on-demand feature for a selected vehicle for an indefinite term.

3. No shipping costs will be charged.

 

G. Payment for Chargeable Services

1. Chargeable Services may only be paid for using a credit card or PayPal as well as any other methods shown in the third step of the ordering process on the Mercedes me connect Store webpages. The individual steps and options for payment are explained during the ordering process in the Mercedes me connect Store.

2. MBA reserves the right to exclude certain methods of payment.

3. In the event that the Customer purchases the Chargeable Services as a business person within the meaning of Part L, section 1 para. 2, or as a legal entity the payments could be subject to withholding tax which should be paid by the Customer to the local tax authorities. MBA recommends to ask a tax advisor for advice.

4. Payments made for the purchase of chargeable services by customers could be subject to withholding taxes in Slovakia. This applies for customers as private consumers. Any withholding tax should be paid by the customer to the local tax authorities. MBA recommends to ask a tax advisor for advice.

 

H. Availability and Transfer of Chargeable Services

1. If MBA, through no fault of its own, is not in a position to transfer the ordered Chargeable Service because Daimler AG has not transferred the Chargeable Service to MBA despite the existence of a respective contract, then MBA will have the right to rescind its contract with the Customer; if Chargeable Services that have previously been paid for cannot be transferred, then MBA shall without undue delay notify the Customer thereof via the email address provided by the latter and shall without undue delay refund back to the Customer the payments he had already received. Any further statutory claims of the Customer remain unaffected thereby.

2. Partial transfers of Services when two or more Chargeable Services are ordered will be permissible to the extent that this would be deemed reasonable for the Customer.

3. Force majeure and operational disruptions that occur at MBA or Daimler AG and that temporarily prevent MBA, through no fault of its own, from transferring the Chargeable Service, will release the duty of performance during the period of defective performance/default triggered by such circumstances.

4. If similar disruptions lead to a postponement of contractual performance for more than 14 days after acceptance of the order or a missed binding transfer date, then the Customer may rescind the contract. Any further rights will not be affected thereby.

 

I. Information on Processing of Personal Data

1. MBA will process the data of the Customer as the responsible party for the purpose and to the extent required for the purchasing contract. In this context MBA passes on Customer data to the extent necessary to Daimler AG to fulfill the purchasing contract.

2. Furthermore, MBA may process personal data of the Customer, which it receives in connection with the provision of the purchasing contract for the protection of MBA's justified interests (assertion, exercise or defense of legal claims), for the protection of the data and/or information processing systems required for the provision of the contract or for the fulfilment of the legal obligations, and may provide such data to third parties (in particular government authorities) to the extent required for investigating any violations against the General Terms and Conditions, misuse of Services or attempts to gain unauthorised access to information processing systems or to data of other customers.

3. The data of the Customer will be stored for the duration of the contractual relationship and will be retained in conformity with the legal commercial and legal tax record-keeping requirements afterwards. The data will be subsequently deleted, unless further storage is required for the protection of MBA's justified interests (in particular for the assertion, exercise and defense of legal claims).

4. MBA will only entrust staff with the processing of personal data that has been instructed in conformity with the legal requirements and is obligated to observe confidentiality, and will also ensure through appropriate measures that this staff only processes personal data in accordance with MBA's instructions. MBA uses technical and organizational security measures for the appropriate protection of the personal data of the Customer, in particular against unintentional or unlawful destruction, loss, alteration, unauthorised publication or unauthorised access.

5. To the extent MBA processes the personal data of the Customer, in accordance with the legal requirements the Customer is entitled to:

   • demand information about the personal data processed by MBA (information right);
   • demand the adjustment of incorrect data and - in consideration of the purpose of the processing - the completion of incomplete data (correction right);
   • demand the deletion of data for justified reasons (deletion right);
   • demand limited processing of data if the legal prerequisites for this are met (right for limitation of processing)
   • to receive the data provided by the Customer in a structured, valid and machine-readable form if the legal prerequisites for this are met as well as to transmit this data to another responsible party or, to the extent technically feasible, to have it transmitted by MBA (right of data transferability).

6. Furthermore, the Customer has the right to object to the processing of personal data, which is carried out for the protection of MBA's justified interests, for reasons related to personal situation of the Customer in accordance with the legal regulations (right to object).

7. To exercise the rights the Customer could contact MBA using the contact details presented below. Moreover, the Customer has the right to file a complaint with a data protection supervisory authority.

8. The appointed data protection officer of MBA is: Chief Officer for Corporate Data Protection, Dr. Joachim Rieß, Daimler AG, HPC G353, D 70546 Stuttgart, Germany Email address: data.protection@daimler.com

 

J. Premature Ending of Services in Cases of Chargeable Services

1. If the Customer (a) deletes the Mercedes me App or the App for the Mercedes me Adapter pursuant to section I.4.6 of the Daimler Terms of Use, (b) deactivates the Services pursuant to section I4.7 of the Daimler Terms of Use, (c) causes the disconnection of his vehicle pursuant to section I.5.3 of the Daimler Terms of Use, (d) terminates the Mercedes me connect Agreement to section I.8.3 of the Daimler Terms of Use, or (e) changes his domicile pursuant to section I.8.4 of the Daimler Terms of Use, then there will be no (proportional) grant-back of the fees that the Customer paid to MBA for the relevant Chargeable Services.

2. If Daimler AG (a) blocks the Services pursuant to section I.7.2 of the Daimler Terms of Use or (b) terminates the Mercedes me connect Agreement pursuant to section I.8.5 of the Daimler Terms of Use for good cause, then there will be no (pro rata) grant-back of the fees that the Customer paid to MBA for the relevant Chargeable Services.

3. If the Customer (a) terminates the Mercedes me connect Agreement pursuant to section I.8.3 of the Daimler Terms of Use because he has rescinded the purchase or leasing contract related to a new vehicle, or (b) terminates the Mercedes me connect Agreement for good cause pursuant to section I.8.5 of the Daimler Terms of Use, then the fees that the Customer paid to MBA for the relevant Chargeable Services shall be granted back pro rata for the period starting from the date on which the termination went into effect until the agreed end of the term.

 

K. Complaints about Services

1. The Customer may contact the following offices regarding questions and complaints about the Chargeable Services:

   Mercedes-Benz
   Customer Assistance Center Maastricht N.V (CAC)
   P.O. Box 1456,
   6201 BL Maastricht
   The Netherlands

   Email-address: mercedes_me_connect@cac.mercedes-benz.com

   Telephone number*: 00800 9 777 77 77
   *Free of charge from landline, mobile phone charges may differ

2. If Daimler AG does not, in accordance with the Daimler Terms of Use, provide those Services for which the Customer has purchased Chargeable Services, then the fees paid by the Customer to MBA for the relevant Chargeable Services will be granted back proportionally for the relevant period of time. Any further statutory claims of the Customer remain unaffected thereby.

   Note: As described in the Daimler Terms of Use (specifically section I.4.9 of the Daimler Terms of Use), the Services may be subject to restrictions, inaccuracies, impairments and disruptions. Moreover, the Services could change as prescribed under the agreement between the Customer and Daimler AG (specifically under section I.4.11 of the Daimler Terms of Use).

3. The description of the Services in the respective Daimler Terms of Use shall not be deemed to create a guarantee or an assumption of a procurement risk that is not based on fault.

4. This Part K does not apply to claims for damages. Those claims will be governed by Part L Liability.

 

L. Liability

1. In the event MBA is liable for damages through slight negligence on grounds pursuant to applicable laws, the liability is limited as follows: Liability exists only if material immanent obligations arising from the contract have been violated, in particular those which are imposed upon MBA in accordance with the spirit and purpose of contract or whose performance is a prerequisite for the due and proper performance of the contract, where the Customer regularly relies and ought to be able to rely upon MBA complying with such obligations. This liability is limited to typical damage foreseeable at the time of the entry into force of the contract.

   If the Customer is a business person who is acting in the performance of their commercial or independent business activity at the time of conclusion of the contract, the same applies to damage caused through gross negligence, however, not through gross negligence committed by legal representatives or managing staff of MBA.

2. Regardless of the issue of fault, this shall not prejudice the liability of MBA if MBA has provided a guarantee or accepted a procurement risk, or under the terms of the German Product Liability Act or other applicable product liability laws.

3. Personal liability on the part of the legal representatives, vicarious agents and employees of MBA is excluded in cases of damage resulting from their slight negligence. With the exception of legal representatives and officers of MBA, such limitation shall also apply to cases of damage resulting from gross negligence on behalf of MBA’s vicarious agents and employees.

4. The limitations of liability set forth in this section do not apply in the event of death or personal injury.

 

M. Further Rights, Judicial Forum, Governing Law and Address for Service of Process

1. The laws of the Federal Republic of Germany shall govern contracts that are concluded through orders placed with the Mercedes me connect Store, unless mandatory national consumer protection regulations under the law of the country in which the Customer is domiciled or has his place of habitual residence take precedence to the benefit of the Customer.

2. If the Customer qualifies as a business person within the meaning of Part L, section 1 para. 2, then exclusive jurisdiction and venue with respect to all current and future claims arising from or connected with this contractual relationship shall lie with the competent courts located at MBA's principal place of business.

3. The same jurisdiction and venue shall apply to the domestic Customer if he is not subject to general jurisdiction domestically, if he changes his domestic domicile or domestic habitual abode after the contract is concluded, or if his domicile or habitual abode is not known at the time that the lawsuit is filed. Otherwise, the competent courts located at the Customer's domicile will be deemed to be the proper judicial forum with respect to any claims asserted by MBA against the Customer.

4. The United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 will not apply.

5. Should one or more of the foregoing provisions be or become invalid, then the validity of the remaining provisions herein will not be affected thereby.

6. Address for service of process purposes:
   Mercedes-Benz Customer Solutions GmbH, Am Wallgraben 125, D - 70565 Stuttgart, Germany, Sitz und Registergericht/Domicile and Register Court: Stuttgart, HRB-Nr./Commercial Register No.: 20881, Geschäftsführung/Management: Andrea Finkbeiner-Müller (Vorsitzende/Chairman), Julia Mink.

   Important: For purposes of exercising the right of cancellation, the addresses listed in the information concerning the right of cancellation shall apply. For questions and complaints, please contact the free Store Hotline shown in Part K, section 1.

 

N. Information on Online Dispute Resolution

The EU Commission has created an Internet platform for online dispute resolution (so-called "ODR Platform"). The ODR platform serves as a contact point for the extra-judicial settlement of disputes concerning contractual obligations arising from online purchase contracts. You can access the ODR platform via the following link: http://ec.europa.eu/consumers/odr

 

O. Note pursuant to Section 36 of the German act on the resolution of consumer disputes (VSBG)

Mercedes-Benz Customer Solutions GmbH will not take part in proceedings to resolve a dispute before a consumer arbitration body in accordance with VSBG, neither is it obliged to do so.

 

Print version Sample cancellation form (pdf)

Cancellation policy

Print version Cancellation policy (pdf)

Print version Sample cancellation form (pdf)

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Right of cancellation

You have the right to withdraw from this contract within 14 days without giving any reason.

This cooling-off period will expire after 14 days from the day of the conclusion of the contract.

In order to exercise your right of cancellation, you must inform us (Mercedes-Benz Customer Solutions GmbH, c/o Mercedes-Benz Customer Assistance Center Maastricht N.V (CAC), P.O. Box 1456, 6201 BL Maastricht, The Netherlands, Telephone 00800 9 777 77 77, fax +49 711 21768006, email mercedes_me_connect@cac.mercedes-benz.com.) of your decision to withdraw from this contract by means of an unambiguous statement (e.g. a letter sent by post, a fax or an email). For this purpose, you may use the attached sample cancellation form, but it is not obligatory.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cooling-off period has expired.

 

Effects of cancellation

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

If you requested to begin the performance of the Services or on-demand feature during the cooling-off period, you shall pay us a reasonable amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.

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Sample withdrawal form

(Please complete this form and return it to us if you wish to withdraw from the contract):

To Mercedes-Benz Customer Solutions GmbH  
Am Wallgraben 125  
D-70565 Stuttgart  
Germany
Telephone 00800 9 777 77 77  
fax +49 711 21768006 
email mercedes_me_connect@cac.mercedes-benz.com.

 

• I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale for the following goods (*) /for the provision of the following Service (*)
• Ordered on (*)/received on (*)
• Name of consumer(s)
• Address of consumer(s)
• Signature of consumer(s) (only if this form is notified on paper)
• Date

(*) Please delete whatever does not apply