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 enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. 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 PARTIES, CONCLUSION OF CONTRACT, CORRECTION POSSIBILITIES
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 the shopping cart without obligation and correct your entries at any time before sending 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 sending the order, you will receive another confirmation by e-mail. The products and their presentation cannot be understood as a legally binding offer, but merely form a non-binding online catalogue.
3. MINIMUM AGE FOR CONCLUSION
The purchase of alcoholic beverages is only permitted to persons over the age of 18. By placing an order and accepting the Terms and Conditions, you confirm that you are over 18 years of age. The shipping service provider may only deliver the alcohol order you have ordered if a person who can be proven to be of legal age can accept the order.
4. CONTRACT LANGUAGE, CONTRACT TEXT STORAGE
The language available for the conclusion of the contract is German.
We save the text of the contract and send you the order data and our terms and conditions by email. You can also view the General Terms and Conditions here on this page at any time. Your past orders are no longer accessible via the Internet for security reasons.
5. TERMS OF DELIVERY
Shipping costs are added to the stated product prices. For deliveries to Germany, shipping costs of €4.99 will be charged for goods with a value of less than €35. If the value of the goods is more than 35 €, shipping to Germany is free of charge. We only deliver within Germany and only in the shipping route. Unfortunately, a self collection of the product is not possible.
The following payment methods are generally available in our shop:
Credit card When placing the order, enter your credit card details. After your legitimation 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 register first, identify yourself with your access data and confirm the payment order to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction. The payment transaction is carried out automatically by PayPal immediately afterwards. You'll get more information during the ordering process.
7. RESERVATION OF TITLE
The goods remain our property until full payment.
8. DAMAGES IN TRANSIT
If goods are delivered with obvious transport damage, please report such defects to the deliverer as soon as possible and contact us immediately. The omission of a complaint or contact has no consequences 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.
9. WARRANTY AND GUARANTEES
Unless otherwise expressly agreed below, the statutory right to liability for defects shall apply. In the case of used items, the limitation period for claims for defects is one year from delivery of the goods. The above restrictions and shortening of deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents
in the event of injury to life, limb or health,
in the case of intentional or grossly negligent breach of duty and 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 the observance of which the contractual partner may regularly rely (cardinal obligations)
within the framework of a guarantee promise, if agreed or
as far as the area of application of the Product Liability Act is open.
Information on 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.
We are always fully liable for claims based on damage caused by us, our legal representatives or vicarious agents • in the event of injury to life, limb or health • in the case of intentional or grossly negligent breach of duty • in the case of promises of guarantees, if agreed, or • as far as the area 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 the observance of which the contractual partner may regularly rely on (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 limited, the occurrence of which must typically be expected. For the rest, 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 settlement procedure before a consumer arbitration board.
right of withdrawal You have the right to withdraw from this contract within fourteen days without giving any reason. 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 send us (Polly GmbH, Brussels Str. 39 - 41, 50674 Cologne, Germany, email@example.com, phone: +49 XXXXXX) a clear statement (e.g. one sent by post letter or e-mail) about your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is 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 inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
The right of withdrawal does not apply to the following contracts:
Contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual choice or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
Contracts for the delivery of sealed goods which, for reasons of health protection or hygiene, are not suitable for return if their seal has been removed after delivery.
Sample cancellation form
(If you want to revoke the contract, please fill out this form and send it back.)
– To Polly GmbH, Brussels Street 39 - 41, 50674 Cologne, Germany, firstname.lastname@example.org
– 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 consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only if notification is made on paper)