SECTION 1 - CONTRACTING PARTY, SCOPE OF APPLICATION
1. All agreements are concluded in the name and on account of POLO Motorrad und Sportswear GmbH, Polostr. 1, 41363 Jüchen (Registration Court Local Court Mönchengladbach HRB 14843; VAT-Id-No. DE 282070536), represented by its Managing Directors Dr. Michael Kern, Kilian Roos and Lars Immig.
2. The following General Terms and Conditions, as amended on the order date, exclusively apply to the business relationship between POLO Motorrad und Sportswear GmbH, Polostr. 1, 41363 Jüchen, represented by its Managing Directors Dr. Michael Kern, Kilian Roos and Lars Immig (hereinafter referred to as "POLO") and the Customer (hereinafter referred to as "Customer").
3. The Customer may choose to conclude the purchase agreement in the German, English or French language.
SECTION 2 FORMATION OF THE AGREEMENT
1. POLO's Internet page offers represent a non-binding invitation to the Customer to place an offer for the purchase of goods. The Customer may select goods from POLO's assortment of goods and place the selected goods in the so-called Shopping Cart by clicking the respective button. The Customer may view and modify the goods in the Shopping Cart at any time prior to placing a binding offer (compare Section 2 No. 2).
2. The Customer places a binding offer for the purchase of the goods placed in the Shopping Cart by clicking the "order with obligation to pay" button. The Customer declares acceptance of these agreement terms (General Terms and Conditions) and as such the incorporation of these terms into the Customer's offer through the provision and transmission of the Customer's offer. Acknowledgment of receipt of the Customer's order (acknowledgment of receipt of order) does not represent acceptance of the Customer's offer.
3. POLO may accept this offer within a period of five (5) days by sending an order confirmation to the Customer or by delivering the ordered goods to the Customer. Otherwise the offer is deemed rejected.
4. POLO reserves the right to reject orders that exceed customary order quantities.
SECTION 3 - DELIVERY, GOODS AVAILABILITY
1. Within Germany, POLO generally delivers within 48 hours, unless otherwise provided for the respective goods. In the case of "advance payment", delivery is performed after POLO received payment of the purchase price i.e. invoice amount.
2. POLO promptly notifies the Customer, if the ordered goods are permanently not available. In this case, the Customer's offer to conclude an agreement is not accepted. In this case, an agreement is not entered into between the Customer and POLO. POLO will suggest goods to the Customer that are equivalent to the ordered goods as regards price and quality, if available. The Customer is, however, not obliged to accept this suggestion.
3. POLO promptly notifies the Customer, if the ordered goods are temporarily not available. The Customer may withdraw from the agreement, if delivery is delayed by more than two (2) weeks. In this case, POLO may also withdraw from the agreement. POLO will repay any amounts paid by the Customer without undue delay.
SECTION 4 - PRICING / PAYMENT TERMS, SHIPPING COSTS
1. All prices are in EURO, including statutory VAT and excluding packaging and shipping costs. Packaging and shipping costs (shipping costs) are charged separately.
2. The Customer bears the shipping costs by way of a shipping flat fee. The shipping flat fee depends on the country of delivery and the order value. The shipping flat fee is displayed prior to the Customer placing the order. The Customer may access the applicable shipping flat fee at www.polo-motorrad.com/cms/en/shipping-cost/. As an alternative, POLO customer service will provide information on the shipping flat fee associated with the Customer's order by calling the Hotline No. +49 (0)2165 8440 400. Irrespective of the order value, additional cash on delivery fees in the amount of currently EUR 5.60 are charged by the delivery service provider for cash on delivery shipments within Germany.
3. The following payment methods are available to the Customer: Invoicing, bank collection, cash on delivery, credit card, financing, advance payment and PayPal. POLO will perform a creditworthiness check in the case of Customers using the invoicing or bank collection payment methods. The same applies in the case of financing through POLO’s business partner Commerz Finanz GmbH (some payment methods are only available to Customers of full age). For this purpose, POLO needs the Customer’s phone number and date of birth. Payment of the purchase price is due upon conclusion of the agreement. In the case of Customers using the bank collection or invoicing payment method, payment of the purchase price is due upon receipt of invoice.
4. Credit card, advance payment or PayPal are the only available payment methods for international orders.
SECTION 5 - WARRANTY, GUARANTEE
1. POLO is liable for defects in quality according to the applicable statutory provisions, in particular Sections 434 et seq. German Civil Code [BGB].
2. An additional guarantee only applies to the goods delivered by POLO, if such guarantee is expressly made for the respective item on the order confirmation.
SECTION 6 - LIABILITY
1. POLO is only liable for intent and gross negligence. POLO is liable according to the statutes in the case of injuries to life, body or health or a violation of material contractual obligations. Material contractual obligations are defined as obligations whose performance is required to achieve the objective of the agreement.
2. In the case of a violation of material contractual obligations, POLO is only liable for foreseeable damages that are typical for such agreements, provided such damages are caused by simple negligence and unless such claims for damages by the Customer are based on injuries to life, body or health.
3. The provisions of the German Product Liability Act remain unaffected.
SECTION 7 - RESERVATION OF TITLE
POLO reserves the title to all delivered goods until payment has been made in full.
SECTION 8 - DATA PROTECTION; STORAGE OF THE ORDER TEXT
1. POLO stores and collects the Customer's data within the scope of order processing. Polo stores and collects the Customer's data, in particular, in compliance with the provisions of the German Federal Data Protection Act and the German Telemedia Act.
2. Additional information regarding data protection may be accessed at: www.polo-motorrad.com/cms/en/about-polo/data-protection/.
SECTION 9 - RIGHT OF WITHDRAWAL, WITHDRAWAL INSTRUCTIONS
1. The Customer is expressly made aware of the Customer's right of withdrawal. The withdrawal instructions, as well as the sample form may be accessed at: www.polo-motorrad.com/cms/about-polo/right-of-revocation/.
2. The Customer will be informed on the conditions, deadlines and the procedure that apply to the exercise of the right of withdrawal within the scope of a separate instruction.
SECTION 10 - VOLUNTARY RIGHT OF RETURN
1. In addition to the statutory right of withdrawal, POLO grants a voluntary right of return for all purchases within thirty (30) days from receipt of goods. The exercise of the voluntary right of return is, however, subject to the condition that the Customer only tried the items on as if in a shop's fitting room and that the items are returned in the original sales packaging in their entirety, in the original condition and without any damage. If the Customer wants to return a package, the Customer is asked to affix the attached sticker and return the package to POLO using DHL. All the Customer has to do is to deliver the package to a Post office or a DHL Drop Off Location. The voluntary right of return does not apply to the purchase of gift vouchers. Refunds are made to the bank account that was used for payment.
2. The Customer's statutory right of withdrawal remains unaffected from the Customer's compliance with the provisions of the supplementary voluntary right of return granted under this agreement. The Customer's statutory right of withdrawal remains effective irrespective of the voluntary right of return. Until the expiry of the statutory period, the statutory provisions apply exclusively to the statutory right of withdrawal. Until the expiry of the statutory period, the statutory provisions apply exclusively to the statutory right of withdrawal. Furthermore, the voluntary right of return granted under this agreement does not restrict the Customer's statutory warranty rights, which remain in effect without any restrictions.
SECTION 11 - MISCELLANEOUS
1. If the Customer purchases accessories, wear and tear parts, alteration & styling items or other items that are individually manufactured for the respective vehicle, prior to using or installing such items the Customer is obliged to ascertain that the manner of use is in compliance with the requirements and releases and any restrictions of the vehicle's manufacturer's operating manual.
In addition, the Customer may only use such items that were manufactured and released for use and application with the Customer's specific vehicle. Installation and use of a product that was not manufactured for this vehicle type and whose application the operating instructions do not permit, may result in damages to the vehicle or injuries to life or health. POLO is not liable for such damages or injuries; otherwise, we refer to Section 6.
2. Characteristics of items such as quality labels (TÜV/GS-tested for safety or similar) or references to the compliance of items with statutory provisions (German Road Traffic Regulations or similar) only refer to German law and its scope of application. Customers wishing to use goods in a country other than Germany are obliged to review the relevant legal situation prior to using or installing the goods.
3. Notes on disposal of batteries and battery deposit
Struck through dustbin has the following meaning: Batteries may not be disposed of with household waste. If under this symbol one of the following chemical signs is depicted: Pb - Battery contains lead, Cd - Battery contains cadmium, Hg - Battery contains mercury, this means, in general, that the battery contains this metal and that the statutory threshold is exceeded.
Batteries may not be disposed of with household waste. Batteries may contain pollutants that could cause harm to the environment or health. As our valued Customer, please return batteries after use to POLO or deliver batteries to communal collection areas or specialised dealers. The return off batteries is free of charge and required by law. All batteries will be reused. This procedure ensures recycling of precious raw materials and the protection of the environment and health.
Consumers are obliged to return starter batteries to the seller of the battery or a communal collection area.
POLO, as well as all other distributors of starter batteries, are obliged by law, Section 10 German Batteries Act [BattG], to collect a deposit of EUR 7.50 from each consumer, who purchases a starter battery. Payment of the deposit is shown on the invoice. For this reason, POLO's prices for batteries are plus deposit, if applicable. Battery Deposit Return / Reimbursement
The German dangerous goods regulation [Gefahrengutverordnung] does not permit return of waste batteries by mail or carrier. For this reason, the following return options are available to the consumer: Waste batteries may be returned to any POLO Store or to any communal collection area. After the return of the waste battery, the Customer sends the return receipt per fax (+49 (0)2165/8440450), as scanned document per e-mail (firstname.lastname@example.org) or via mail to the POLO European Headquarters, address POLO Motorrad und Sportswear GmbH, Polostr. 1, 41363 Jüchen. POLO will then reimburse the battery deposit.
4. Notes on the Return of Waste Oils according to Section 8 German Waste Oils Regulation
POLO is obliged to accept waste oils (combustion engine and gear oils) free of charge according to the German Waste Oils Regulation. The Customer may return the same quantity of waste oils to POLO as the Customer purchased from POLO. All POLO Stores accept the return of waste oils. Customers may return waste oils during customary business hours at any time according to the quantities purchased from POLO. Alternatively, Customers may also send waste oils to our collection sites or our central warehouse, Polostr. 1, 41363 Jüchen. Shipping costs are borne by the Customer. Please note that special transport requirements may apply to the shipment of waste oils. Please note that POLO maintains service agreements with numerous specialised service shops all over Germany that perform professional oil change services on-site. Customers may obtain the addresses of these specialised service shops at our POLO Stores or by calling +49 (0)2165/8440-300 or may access the addresses at www.polo-motorrad.com.
SECTION 12 - FINAL PROVISIONS
Subject to mandatory provisions of International Private Law, all agreements between POLO and the Customer are governed by the laws of the Federal Republic of Germany under exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
Section 13 Online Dispute Resolution (ODR)
"Online Dispute Resolution information: The EU Commission created an Internet platform for Online Dispute Resolution (so-called "ODR Platform"). The ODR platform offers consumers and traders a single point of entry for the out-of-court resolution of online disputes regarding contractual obligations that arise from online purchase agreements. Customers may access the ODR platform using the following link: ec.europa.eu/consumers/odr/"
Jüchen, May 24th 2016