Art. 1 - Contracting parties, scope
1. Contracts are made in the name of and on the account of POLO Motorrad und Sportswear GmbH, Polostr. 1, 41363 Jüchen, Germany (Court of Registration AG Mönchengladbach - HRB 14843; VAT ID no. DE 282070536), represented by its managing directors, Dr. Michael Kern (CEO), Kilian Roos (CFO), Lars Immig (CSO).
2. For the business relationship between POLO Motorrad and Sportswear GmbH, Polostr. 1, 41363 Jüchen, Germany represented by its managing directors, Dr. Michael Kern (CEO), Kilian Roos (CFO), Lars Immig (CSO) (hereinafter "POLO") and the customer (hereinafter "Customer"), the following terms and conditions exclusively apply in their form valid at the time of the order.
3. The Customer has the possibility to conclude the purchase contract in German or English.
Art. 2 - Conclusion of the contract
1. POLO's offerings which are shown on their internet site represent a non-binding invitation to the Customer to make an offer to purchase the goods. The Customer can select products from the range of goods POLO have on offer and use the "Add to cart" button to collect them in a so-called shopping cart. Before submitting a binding offer (see Art. 2, no. 2), the Customer has the opportunity to see and change the goods in the shopping cart at any time.
2. Using the "Order" button, the Customer makes a binding offer to purchase the goods which have been previously collected in the shopping cart. This offer can only be made and transmitted when the Customer has accepted these contractual terms by clicking on the "Accept AGB/GTC" button and includes this in his/her offer. The confirmation of the receipt of the Customer's order (order confirmation), does not constitute and acceptance of the Customer's order.
3. POLO can accept this offer within five calendar days by sending an order confirmation or by dispatching the ordered goods. Otherwise, the offer is considered as rejected.
4. POLO reserves the right to reject orders which exceed normal commercial quantities.
Art. 3 - Delivery, goods availability
1. If the goods are permanently out of stock at the time of the order, POLO will inform the Customer immediately. In this case, the contract offer by the Customer is not accepted. A contract is not concluded in this case. As far as possible, the Customer will be offered goods of equivalent quality and price. The Customer does not, however, need to accept this proposal.
2. If the goods are only temporarily out of stock, POLO will in form the Customer of this immediately. If a delivery is delayed by more than two weeks, the Customer has the right to withdraw from the contract. In this case POLO is also entitled to withdraw from the contract. The Customer will be refunded any payments he/she has already made immediately.
Art. 4 - Prices / payment methods, shipping costs
1. All prices are indicated in euro including the statutory value added tax, excluding costs for postage and packing. The costs for postage and packing (shipping costs) are charged separately.
2. The shipping costs to be borne by the Customer in the form of a uniform shipping cot fee is EUR 4.95 for deliveries within Germany and to Poland; EUR 5.95 for deliveries to Denmark, Belgium, Netherlands, Luxembourg or Austria; EUR 9.95 for deliveries to Sweden, Finland, Great Britain, Spain or Italy; EUR 14.95 for deliveries to Cyprus, Czech Republic, Greece, Hungary, Ireland or Portugal; EUR 19.95 for deliveries to Estonia, Lithuania, Latvia, Malta, Slovenia, Slovakia, Romania or Bulgaria. Deliveries to countries other than those listed are not possible. For cash-on-delivery (COD) shipments, the fees charged by the delivery company for receiving cash are charged to the sum of EUR 5.60.
3. The following payment methods are available to the Customer: Invoice, direct debit, cash on delivery, credit card, financing, and PayPal. For invoice and direct debit customers we, or in the event of a finance purchase our contractual partner Commerz Finanz GmbH, will perform a credit check (certain payment methods are only possible on reaching the age of majority). For this we require your telephone number and date of birth. Invoice amounts are due for direct debit and invoice customers after 14 days.
4. Orders from abroad are only possible using a credit card or PayPal.
Art. 5 - Warranty, guarantee
1. POLO is liable for defects in accordance with the applicable statutory BGB (German Civil Code).
2. An additional warranty for goods delivered by POLO exists only when this has been expressly indicated in the order confirmation for each respective item.
Art. 6 - Liability
1. POLO is only liable for intent and gross negligence. In the event of injury to life, body or health of from the violation of the essential contractual obligations, we are only liable according to the legal regulations. Essential contractual obligations are those where performance is necessary to achieve the objective of the contract.
2. In the event of a breach of the essential contractual obligations, we are only liable for damage of a nature that is foreseeable and typical for this type of contract and which is caused by negligence, unless the claim is based on injury to life, body or health.
3. The provisions of the Product Liability Act are unaffected.
Art. 7 - Retention of title
The delivered goods shall remain the property of POLO until full payment has been received.
Art. 8 - Data protection, storing the order text
1. POLO saves and collects data about the customer as part of the fulfilment of the contract. POLO takes particular note here of the provisions of the Federal Data Protection Act and the Telemedia Act.
2. Further information about data protection can be found at: https://www.polo-motorrad.de/cms/en/about-polo/data-protection .
Art. 9 - Right of revocation, revocation instruction
1. The Customer will be expressly informed about his/her right to revoke the contract.
2. The Customer will be informed about the conditions, deadlines and the procedure for exercising his/her right to revoke the contract in a separate instruction. (see right of revocation)
Art. 10 - Voluntary return policy
1. POLO grants an additional right to return of 30 days from the receipt of the goods for all purchases. This is above the statutory right of revocation. However, the pre-condition for the exercise of this voluntary return policy is that you have only ordered the goods to try on, such as in a retail store, worn or tried out the goods and have returned the goods completely in their original condition and without damage in their original retail packaging. If you wish to return a package, please send this back to us using the enclosed sticker via DHL. Simply hand in the package at a post office or a DHL parcel shop. The voluntary return policy does not apply to the purchase of gift certificates. The repayment will be made back to the account used by you for the payment.
2. Your statutory right of revocation is not affected by the observance of the rules for the extended contractually-agreed voluntary return policy and remains independent to this. Until the expiry of the deadline for the statutory right of revocation, the legal conditions set out therein apply exclusively. The contractually-agreed voluntary return policy does not limit your statutory warranty rights to which you remain entitled without limitation.
Art. 11 - Miscellaneous
1. When buying accessories, wearing parts, conversion or styling products or other goods which are made individually specially for the respective vehicle, the Customer must ensure, prior to use or installation, of the fact that the nature of use is in accordance with the specifications and approvals and any limitations contained in the vehicle manufacturer's operating manual. In addition, the Customer must only use those products which have been manufactured to use on a specific vehicle type and which have been approved for this use. The installation or use of a product which has not been manufactured for this type of vehicle or the use of which is not permitted by the operating manual, can lead to damage to the vehicle and/or damage to life and health. POLO shall not be liable for such damage, reference is made otherwise to Art. 6.
2. As far as goods have characteristics containing reference to quality seals (TÜV/GS approved, or similar) or evidence suggests that the goods are in conformity with the statutory regulations (Highway code, or similar), this information applies only to the German law and its scope of application. If the customer intends to use the goods in a country other than Germany, he/she should check the legal situation applicable to him/her before using or installing the goods.