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General Terms and Conditions for our mail order customers:
§ 1 - Conclusion of contract
Contract conclusions are made in the name of and on the account of POLO Motorrad and Sportswear GmbH., Polostraße 1, 41363 Jüchen (Registration Court Mönchengladbach District Court HRB (Commercial Register B) 14843; Turnover Tax ID No. DE 282070536), repre-sented by Dr. Michael Kern (CEO), Florian Trombach (CFO) and exclusively on the basis of these General Terms and Conditions.
§ 2 - Formation of contract
The order is a binding offer. We may accept this offer at our choice within a period of 2 weeks, calculated from the hand-over of the offer (date of sending) by sending an order confirmation or in that the ordering party is sent the ordered goods within this period of time. The offer shall otherwise be regarded as having been rejected. We shall reserve the right to reject orders which exceed normal commercial volumes.
§ 3 – Prices/payment conditions
All prices shall be assumed as being given in EURO including the legally applicable sales tax excluding costs for packaging, dispatch and transport. These costs shall be charged separately. With the appearance of this catalogue, all earlier prices shall be rendered invalid. Unless agreed otherwise, our invoices shall be payable immediately without deductions in cash or by credit card.
We dispatch goods with an additional share in delivery costs to be borne by the cus-tomer (flat-rate delivery cost for
Germany and Poland EUR 4.95;
Denmark, Belgium, Nether-lands, Luxembourg and Austria EUR 5.95;
Sweden, Finland, Great Britain, Spain, Italy EUR 9.95,
Cyprus, Czech Republic, France, Greece, Hungary, Ireland, Portugal EUR 14.95,
Estonia, Lithuania, Latvia, Malta, Slovenia, Slovakia, Romania, Bulgaria EUR 19.95).
A fee of 3.60 EUR shall be charged for cash-on-delivery dis-patches.
Payment options: Invoice, bank collection, cash on delivery, credit card, financing and PayPal. In the case of invoice and bank collection customers, or in case of financing contract partner Commerz Finanz GmbH, we shall carry out a credit check (Div. payment until adulthood possible). We shall require your telephone number and your date of birth for this pur-pose. Invoice amounts are due after 14 days in the case of bank collection and in-voice customers. Please pay by credit card, PayPal or transfer in the case of orders from other EU countries. In the case of transfer, we will arrange dispatch immediately after receipt of payment.
§ 4 - Warranty, Guarantee
(1) Warranty: If the goods are defective on delivery to the purchaser, the purchaser may demand at his choice as a supplementary performance the remedying of the defect or the delivery of a non-defective item. We shall be entitled to reject the type of supplementary performance selected by the purchaser if this is possible only at disproportionate cost. The warranty rights of the customer shall otherwise be based on the legal provisions. The legal warranty period shall be two years and shall begin with delivery of the purchased item.
(2) Guarantee: We shall furthermore be liable for processing and material defects of the purchased item which occur for the first time within a period of two years from delivery. In this event, we shall be entitled to choose between rectifying the defect (rectification) or a replacement delivery. Defects which occur within the guarantee period as a result of natural wear or excessive strain (dropping, etc.) shall be ex-cluded from the guarantee. The period of the above guarantee shall be three years for our NEXO® helmets and our PREMIUM POLO-TEX® jackets and trousers. The guarantee shall not cover further claims. The legal warranty rights of the purchaser to supplementary performance (rectification, replacement delivery), compensation or cancellation shall not be restricted by this guarantee.
(3) The original purchase receipt must be presented in order to make warranty and liability claims. The possibility of proving the purchase of defective goods from us in an alternative manner shall not be affected by this.
(4) Warranty and/or guarantee claims should be addressed to POLO Motorrad and Sportswear GmbH, Polostraße 1, 41363 Jüchen.
§ 5 - Liability
We shall not be liable for contract-atypical or unforeseeable damage. Claims on the grounds of intention to deceive or deficiencies in title as well as on the grounds of deliberate or grossly negligent unlawful acts and cases of detriment which involve an obligation to pay compensation in accordance with the German Product Liability Act shall remain unaffected.
§ 6 - Retention of ownership
We shall retain ownership of the purchased item until receipt of full payment arising from the contract.
§ 7 - Choice of applicable law
The application of the law of the Federal Republic of Germany shall be regarded as agreed for all contracts concluded with us. The UN Convention on Contracts for the International Sale of Goods, Vienna shall be excluded.
§ 8 – Data protection
We store and transmit personal customer data relating to the order exclusively for processing and completing his/her order.
We shall request credit rating information for customers from Germany from SCHUFA Holding AG, Kormoran Weg 5, 65201 Wiesbaden, or from infoscore con-sumer data GmbH, Rheinstr. 99, 76532 Baden-Baden, for customers from Austria from Deltavista GmbH, Kaiserstr. 217, 76133 Karlsruhe. With your order, you agree that we will transmit data relating to the beginning and end of the business relation-ship to the above-mentioned companies and receive information from these compa-nies. In accordance with the provisions with the German Data Protection Act, we undertake to fully protect the personal data of the customer.
§ 9 – Saving of the order text
The order text will not be saved in our system and can no longer be retrieved once the ordering process is complete.
The General Terms and Conditions for shop customers displayed in our POLO shops shall apply to customers of our POLO shops.
Information on cancellation:
Right of revocation:
You have the right to withdraw from the agreement without stating your reasons within the first month either in writing (such as letter, fax and email) or – if the item was delivered to you before the end of this period – by simply returning the merchandise. The period begins once the written notice of cancellation has been received but not before receipt of the goods on the part of the recipient (not before receipt of the first delivery in the case of repeat deliveries of similar goods) and also not before fulfilment of our information obligations pursuant to Article 246 Section 2 in connection with Section 1 paragraph 1 and 2 EGBGB [Introductory Act to the German Civil Code] as well as our obligations according to Article 312g Paragraph 1 Sentence 1 BGB [German Civil Code] in connection with Article 246 Section 3 EGBGB. The timely despatch of the revocation or goods shall be deemed sufficient for compliance with the revocation period. The revocation must be sent to:
POLO Motorrad and Sportswear GmbH, Polostr. 1, 41363 Jüchen, Germany,Phone: +49 (0)2165/8440-400 or Fax: +49 (0)2165/8440-444 or service@polo-motorrad.com
Legal consequences:
In the event of an effective revocation, the services received by either party as well as any resulting benefits (such as interest) must be returned. If you are unable to return the services and resulting benefits (such as usage benefits) in their entirety or if they can only be returned in part or in a deteriorated condition, you are obliged to reimburse us with a sum of equal value. Reimbursement for the deterioration of the item or for any resulting lost value must only be paid if the resulting benefits or deterioration is due to handling of the item which goes beyond the testing of the item's properties and functionality. Here, "testing of the item's properties and functionality" specifically refers to testing and trying out the respective goods in a way that would usually be possible in a shop before the item has been purchased. Goods which can be sent by parcel delivery shall be returned at our risk and expenses. Goods which cannot be sent by parcel delivery shall be collected. The reimbursement of payments must be made within 30 days. For you, this period shall begin with the sending of your cancellation notice or the goods. For us, this period shall begin with the receipt thereof. If you have taken out a loan to finance this agreement and later revoke this agreement, you shall no longer be bound under the loan agreement as long as both agreements form a single economic unit. In particular, this must be assumed if we are also your lender or if your lender requests our cooperation with regard to financing. If we have already received the loan at the time your cancellation takes effect, your lender shall assume our rights and obligations in relation to you under the financed agreement with regard to the legal consequences of the cancellation. The latter does not apply when the contract in question concerns the purchase of financial instruments (such as securities, currencies or derivatives). If you want to avoid a contractual involvement as much as possible, you should use your right of revocation and also revoke your loan agreement if you have a right of revocation for it.
End of the Cancellation Policy
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„We have commissioned Vfw Aktiengesellschaft to take back our used, empty sales packaging materials. You can hand these over free of charge at the Vfw drop-off points or hand them over to the courier service of Vfw AG free of charge. Fee-free information on 0800 Vfw Help (8394357)“ Publisher and issuer: POLO Motorrad and Sportswear GmbH, Polostraße 1, 41363 Jüchen, Telephone +49 (0) 21 65/84 40 200, Fax +49 (0) 21 65/84 40 450; Relevant contact person: Dr. Michael Kern (CEO), Florian Trombach (CFO); Photography: Michael Müller KME Studios, Ernst Alexander, Marc Thürbach, Thomas Goos, Frank Böttner, Michael Zeevaert, Laudert, Friedhelm Kortmann, Till Kohlmey
Jüchen, 13.05.2013