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Terms and Conditions

Terms and Conditions

1. SCOPE

The following terms and conditions apply to all orders placed through 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 independent professional. An entrepreneur is a natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.

2. CONTRACTUAL PARTIES, CONCLUSION OF CONTRACT, CORRECTION OPTIONS

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 tools provided and explained during the ordering process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking the order button. Immediately after submitting the order, you will receive a confirmation email. The products and their presentation cannot be understood as a legally binding offer; they merely constitute a non-binding online catalog.

3. MINIMUM AGE FOR CONCLUSION OF CONTRACT

We welcome all interested parties/customers. However, since data protection laws contain specific regulations regarding the processing of personal data of children, the minimum age to subscribe to our newsletter is 16 years, with the exception of customers from Austria, for whom the minimum age is 14 (see also Article 8 of the EU GDPR). By accepting the Terms and Conditions, you confirm that you have reached the minimum age.

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 also view the General Terms and Conditions here on this page at any time. For security reasons, your past orders are no longer accessible online.

5. DELIVERY CONDITIONS

In addition to the stated product prices, shipping costs will be added. For deliveries to Germany, shipping costs of €4.90 will be charged for orders under €50. For orders over €50, shipping to Germany is free. For deliveries to Austria, the Netherlands, Belgium, Luxembourg, France, Italy, Spain, and Portugal, a shipping fee of €9.90 will be charged for orders under €60. For orders over €60, shipping is free. We only deliver within Germany and only by mail. Unfortunately, pickup is not possible.

6. PAYMENT

In our shop you can generally use the following payment methods:

credit card
When you place your order, you provide your credit card details. Once you have verified your identity as the legitimate cardholder, the payment transaction will be processed 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. To pay the invoice amount via PayPal, you must be registered there or register first, authenticate yourself with your login details, and confirm the payment instruction to us. After placing your order in the shop, we will request PayPal to initiate the payment transaction. The payment transaction will be processed automatically by PayPal immediately thereafter. You will receive further instructions during the ordering process.

7. RESERVATION OF TITLE

The goods remain our property until full payment has been made.

8. TRANSPORT DAMAGE

If goods are delivered with obvious transport damage, please report such defects to the delivery person as soon as possible and contact us immediately. Failure to file a complaint or contact us will have no consequences for your statutory rights and their enforcement, in particular your warranty rights. However, you will help us assert our own claims against the freight carrier or transport insurance.

9. WARRANTY AND GUARANTEES

Unless expressly agreed otherwise below, the statutory liability for defects shall apply.
The limitation period for claims for defects in used goods is one year from delivery of the goods.
The above limitations and shortening of time limits do not apply to claims based on damages caused by us, our legal representatives or vicarious agents

  • in case of injury to life, body or health,
  • in the event of intentional or grossly negligent breach of duty or malice,
  • in the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations)
  • within the framework of a guarantee promise, as agreed or
  • insofar as the scope of application of the Product Liability Act is open.

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

10. LIABILITY

We are always liable without limitation for claims based on damages caused by us, our legal representatives or vicarious agents
• in case 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
• to the extent that the scope of application of the Product Liability Act is open.
In the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, liability shall be limited to the damage foreseeable at the time the contract was concluded and which must typically be expected to occur.
Otherwise, claims for damages are excluded.

11. DISPUTE RESOLUTION

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

12. DATA PROTECTION

For data protection, please refer to our Privacy Policy.

CANCELLATION POLICY

Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the last goods.

To exercise your right of withdrawal, you must inform us (Polly GmbH, Brüsseler Str. 39-41, 50674 Cologne, Germany, info@drinkpolly.de) of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post or email). You may use the attached model withdrawal form for this purpose, but this is not mandatory.

To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.

Consequences of revocation

If you cancel this contract, we will refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back 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 promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period. You will bear the direct cost of returning the goods. You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.

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

  • Contracts for the supply of goods which are not prefabricated and for whose production 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, 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 wish to cancel the contract, please fill out this form and return it.)

– To Polly GmbH, Brüsseler 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 if notification is made on paper)

- Date

(*) Delete as appropriate.