Terms and conditions POLOLO OHG
General terms and conditions (AGB) and legal notices for our online shop.
Date August 2017
POLOLO Verena Carney & Franziska Kuntze OHG
Tel.: +49 (0)30 797 098 66
UST.IdNr. DE 228845898
§ 1 Scope of application and provider
(1) These general terms and conditions apply to all orders that you place with the online shop.
(2) The goods offered in our web shop are aimed exclusively at buyers who are 18 years of age or older.
(3) Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions.
(4) The contract language is exclusively German.
(5) You can call up and print out the currently valid General Terms and Conditions on the website www.pololo.com.
§ 2 Conclusion of contract
(1) The presentation of goods in the web shop does not constitute a binding application for the conclusion of a sales contract. Rather, it is a non-binding request to order goods in the web shop. The information on goods and prices in our online shop are subject to change and non-binding. We reserve the right to errors and price changes. The indicated prices are without exception gross prices in euro (€); i.e. they contain in particular the value added tax.
(2) By clicking on the button “Order now subject to payment” you submit a binding purchase offer (§ 145 BGB).
(3) After receipt of the purchase offer and payment via one of our payment modules: Paymill (credit card), Paypall or Sofort Überweisungen (payment via your own bank) you will receive an automatically generated e-mail with which we confirm that we have received your order.
(4) A purchase contract for the goods is only concluded if we expressly declare acceptance with our confirmation email of the order and payment of the purchase offer or if we send the goods to you – without prior express declaration of acceptance.
§ 3 Terms of delivery and prices
There is no minimum order value. Deliveries from 20 € value of goods are free of shipping costs if sent to a delivery address within Germany (invoice or desired address). The delivery usually takes place within 1-5 working days (Monday – Friday) after order placement. The prices stated on the product pages include the statutory value added tax for Germany and other price components. For delivery within Germany these apply inclusive forwarding expenses starting from an order value of 20 €, for deliveries outside of Germany they understand themselves plus forwarding expenses. The shipping costs for other countries can be found at Lieferbedingungen.
§ 4 Terms of payment / Delay
(1) The payment shall be made optionally:
Credit card (Paymill), Paypal or instant bank transfer (payment via your own bank).
(2) If you are in arrears with a payment, you are obliged to pay the statutory default interest at a rate of 5 percentage points above the base rate. For each reminder letter that is sent to you after the default has occurred, you will be charged a reminder fee of 10 EUR, unless a lower or higher damage is proven in the individual case.
§ 5 Setoff/Retention right
(1) You shall only be entitled to a right of set-off if your counterclaim has been legally established, is not disputed or acknowledged by us or has a close synallagmatic relationship to our claim.
(2) You may only exercise a right of retention if your counterclaim is based on the same contractual relationship.
§ 6 Delivery/reservation of title
(1) Unless otherwise agreed, the goods shall be delivered from our warehouse to the address indicated by you.
(2) The goods remain our property until the purchase price has been paid in full.
(3) POLOLO OHG is entitled to withdraw from the contract and reclaim the goods subject to retention of title in the event of breach of contract by the customer, in particular in the event of default in payment.
(4) If the customer is in arrears with any payment obligations towards us, all existing claims shall become due immediately.
§ 7 Revocation instructions/Revocation right
Right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons.
The withdrawal period shall be fourteen days from the date on which you or a third party other than the carrier designated by you took possession of the goods.
In order to exercise your right of withdrawal, you must inform us (POLOLO Verena Carney & Franziska Kuntze OHG, Onkel-Tom-Str.3 14169 Berlin, email@example.com, telephone: +49 (0)30 797 098 66) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter, fax or e-mail sent by post). You can use the attached sample revocation form, which is not mandatory.
In order to comply with the revocation period, it is sufficient for you to send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of revocation
(1) If you revoke this Agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we receive notice of your revocation of this Agreement for all payments we have received from you, including any delivery costs within Germany (excluding any additional costs arising from your choosing a different type of delivery from the cheapest standard delivery offered by us). We will use the same means of payment as you used in the original Transaction for such refund, unless expressly agreed otherwise with you and in no event will you be charged for such refund. We may refuse to refund until we have received the Goods back or until you have provided evidence that you have returned the Goods, whichever is earlier.
(2) You must return or hand over the goods to us or to POLOLO Verena Carney & Franziska Kuntze OHG, Manufaktur und Lager, Karl-Seifert-Straße 1-5, 91097 Oberreichenbach without delay and in any case within fourteen days of the day on which you notify us of the revocation of this contract at the latest. This period shall be deemed to have been observed if you dispatch the goods before expiry of the period of fourteen days. We shall bear the costs of returning the goods within Germany. You only have to pay for a possible loss in value of the goods if this loss in value is due to handling them that is not necessary for checking the condition, properties and function of the goods.
(3) Unless the parties have agreed otherwise, the right of revocation does not apply to the following contracts: Contracts for the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or destination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (e.g. shoes in special sizes, colours or designs).
(4) Please avoid damage and contamination.
(5) If possible, please return the goods to us in their original packaging with all accessories and packaging components. If necessary, use a protective outer packaging. If you no longer have the original packaging, please use suitable packaging to provide sufficient protection against transport damage in order to avoid claims for damages due to damage caused by defective packaging.
(6) Please notify us in advance of any return shipment, preferably by e-mail firstname.lastname@example.org. In this way you enable us to assign the products as quickly as possible.
Please note that the modalities mentioned in the above paragraphs 5 and 6 are not a prerequisite for the effective exercise of the right of withdrawal.
Sample revocation form
(If you want to cancel the contract, please fill out this form and send it back.)
– To POLOLO Verena Carney & Franziska Kuntze OHG, Onkel-Tom-Str. 3, 14169 Berlin, email@example.com
– I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following services (*)
– Ordered on (*)/received on (*)
– Name(s) of consumer(s)
– Address of consumer(s)
– Signature of consumer(s) (only for paper communication)
(*) Delete as applicable.
Please send return shipments exclusively to:
– Manufactory and warehouse –
§ 8 Transport damage
(1) If goods with obvious transport damage are delivered, please complain such errors immediately to the deliverer and contact us as soon as possible.
(2) The omission of a complaint or establishment of contact has no consequences for your legal warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance.
§ 9 Warranty
(1) Unless expressly agreed otherwise, your warranty claims shall be governed by the statutory provisions of the German Sales Act (§§ 433 et seq. BGB).
(2) Any manufacturer warranties that may exist shall be governed by the warranty conditions specified by the manufacturer. Any resulting claims must be asserted against the manufacturer. Legal consumer rights from warranty are not limited by guarantee promises.
(3) The photos used to describe the shoes and products as well as the photos used are sample photos which serve for better presentation. We would like to point out that colours and sizes are displayed differently depending on the screen and the selected screen display. The respective article description is authoritative.
(4) We reserve the right to errors and misprints.
§ 10 Liability
(1) Unlimited liability: We are liable without limitation for intent and gross negligence as well as in accordance with the Product Liability Act. For ordinary negligence we shall be liable for damages resulting from injury to life, limb and health of persons.
(2) Otherwise, the following limited liability shall apply: In the case of simple negligence, we shall only be liable in the event of breach of a material contractual obligation, the fulfilment of which is essential for the proper performance of the contract and on the observance of which you may regularly rely (cardinal obligation). Liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability shall also apply in favour of our vicarious agents.
(3) As an online provider, we are responsible for our own content in our POLOLO online shop. Links to “external content” (Internet pages of other providers) are dynamic references. We have checked the contents of such sites each time they are linked for the first time to determine whether they may give rise to civil or criminal liability. A complete monitoring of the linked contents is not possible. If, however, it is determined or there are indications that a linked offer triggers a civil or criminal responsibility, the link to such a page will be immediately removed. This declaration applies to all links on this website.
All contributions and pictures published by POLOLO Onlineshop are protected by copyright. All rights, including translations, are reserved. Reproductions of any kind, whether photocopies, microfilm or recording in data processing systems, only with the express permission of POLOLO – unless the respective article provides for a different copyright regulation. Liability claims against the author relating to material or immaterial damage caused by the use of incorrect or incomplete information are generally excluded.
§ 11 Concluding provisions
(1) Should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions.
(2) Contracts between us and you shall be governed exclusively by German law to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG).