The following terms and conditions apply to all orders via our online shop. Our online shop is aimed exclusively at consumers.

A consumer is any natural person who concludes a legal transaction for purposes that cannot primarily be attributed to their commercial or independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2. CONTRACTUAL PARTNERS, CONCLUSION OF CONTRACT, POSSIBILITIES OF CORRECTION

The purchase contract is concluded with Polly GmbH. By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially place our products in your shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the ordering process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after submitting your order, you will receive another confirmation by email. The products and their presentation cannot be understood as a legally binding offer, but merely form a non-binding online catalog.

3. MINIMUM AGE FOR CONCLUSION OF CONTRACT

The purchase of alcoholic beverages is only permitted to people over 18 years of age. By placing an order and accepting the terms and conditions, you confirm that you are over 18 years old. The shipping service provider will only deliver the alcohol order you have ordered if a person of legal age can verifiably accept the order.

4. CONTRACT LANGUAGE, CONTRACT TEXT STORAGE

The language available for concluding the contract is German.

We save the contract text and send you the order details and our general terms and conditions by email. You can view the terms and conditions at any time here on this page. For security reasons, your past orders are no longer accessible via the Internet.

5. DELIVERY TERMS

In addition to the stated product prices, there are shipping costs. For delivery to Germany, shipping costs of €4.90 will be charged for goods worth less than €50. If the goods value is more than €50, shipping to Germany is free of charge. For delivery to Austria, Netherlands, Belgium, Luxembourg, France, Italy, Spain and Portugal, shipping costs of €9.90 will be charged for goods worth less than €60. If the goods value is more than €60, shipping is free of charge. We only deliver within Germany and only via shipping route. Unfortunately, a self collection of the product is not possible.

6. PAYMENT

The following payment methods are generally available to you in our shop:

Credit card
When you submit your order, you provide your credit card details. Once you have been authenticated as the legitimate cardholder, the payment transaction will be carried out automatically and your card will be charged.

PayPal, PayPal Express
During the ordering process you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or first register, identify yourself with your access data and confirm the payment instructions to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. The payment transaction will be carried out automatically by PayPal immediately afterwards. You'll get more information during the ordering process.

7. RETENTION OF TITLE

The goods remain our property until full payment.

8. TRANSPORT DAMAGE

If goods are delivered with obvious transport damage, please report such errors to the delivery person as soon as possible and please contact us immediately. Failure to make a complaint or contact us has no consequences whatsoever for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance company.

9. WARRANTIES AND GUARANTEES

Unless expressly agreed otherwise below, the statutory liability law applies.
The limitation period for claims for defects for used items is one year from delivery of the goods.
The above restrictions and shortened deadlines do not apply to claims due to damage caused by us, our legal representatives or vicarious agents

• in the event of injury to life, body or health,
• in the event of intentional or grossly negligent breach of duty or fraudulent intent,
• in the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on whose compliance the contractual partner can regularly rely (cardinal obligations)
• as part of a guarantee promise, if agreed or
• as far as the scope of application of the Product Liability Act is opened.

Information about any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.

10. LIABILITY

We always have unlimited liability for claims due to damage caused by us, our legal representatives or vicarious agents
• in the event of injury to life, body or health
• in the event of intentional or grossly negligent breach of duty
• in the case of guarantee promises, if agreed, or
• as far as the scope of application of the Product Liability Act is open.
In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on whose compliance the contractual partner can regularly rely, (cardinal obligations) due to slight negligence on the part of us, our legal representatives or vicarious agents, the liability is limited to the amount foreseeable at the time the contract was concluded Damage that typically has to be expected is limited.
Otherwise, claims for damages are excluded.

11. DISPUTE RESOLUTION

The European Commission provides a platform for online dispute resolution (OS), which you can find here [https://ec.europa.eu/consumers/odr/]. We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

12. PRIVACY

For data protection, please note our Privacy Policy.

RIGHT OF WITHDRAWAL

Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reasons. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the last goods.

In order to exercise your right of withdrawal, you must inform us (Polly GmbH, Brussels Str. 39 - 41, 50674 Cologne, Germany, info@drinkpolly.de, telephone: +49 XXXXXX) by means of a clear statement (e.g. sent by post letter or email) informing you of your decision to withdraw from this contract. You can use the attached sample cancellation form, although this is not mandatory.

In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.

Consequences of revocation

If you cancel this contract, we will refund to you all payments received from you, including delivery costs (except for additional costs resulting from you choosing a method of delivery other than the cheapest standard delivery offered by us have) to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment. We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier.

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of your cancellation of this contract. The deadline is met if you send the goods before the fourteen day period has expired. You bear the direct costs of returning the goods. You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functionality of the goods.

The right of withdrawal does not apply to the following contracts:

• Contracts for the supply of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.

• Contracts for the supply of sealed goods which are not suitable for return for health or hygiene reasons if their seal has been removed after delivery.

Sample cancellation form (If you want to cancel the contract, please fill out this form and send it back.) – To Polly GmbH, Brusselser Str. 39 - 41, 50674 Cologne, Germany, info@drinkpolly.de – I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following Goods (*)/the provision of the following service (*) – Ordered on (*)/received on (*) – Name of the consumer(s) – Address of the consumer(s) – Signature of the consumer(s) (only for paper notification) - Date (*) Delete what is not applicable.