General Terms and Conditions for our Distance Sales Customers
§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 Jutta Warmbier and Claus Holzleitner. 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 Jutta Warmbier and Claus Holzleitner (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 or English language.
§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. 5. The text of the contract is not saved by POLO and cannot be accessed by the customer. Individual orders can be viewed in the "My POLO" customer account.
§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.
§4 - Pricing / Payment Terms, Shipping Costs
§5 - Click&Collect
1. POLO offers its customers a special service: Click&Collect. For this purpose, the customer selects his products from the POLO Online-Shop’s assortment of goods and chooses delivery to one of the more than 80 POLO stores. 2. The customer receives an e-mail notification, as soon as the selected products arrived at the chosen store. The customer may then inspect and try the selected products in the chosen store within the next six working days. 3. If the customer likes the selected products, the customer may conveniently purchase the selected products in the store. The purchase agreement is concluded in the store. The store’s General Ts&Cs apply. The customer may pay for the products using the payment methods available in the store (cash payment, EC card, credit card).
§6 - 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.
§7 - 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.
§8 - Reservation of Title
POLO reserves the title to all delivered goods until payment has been made in full.
§9 - 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.de/cms/ueber-polo/datenschutz.
§10 - 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: https://www.polo-motorrad.com/right-of-revocation-0107.html 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. 3. The right of withdrawal cannot be exercised for contracts concerning the delivery of goods that have not been pre-fabricated and when the production of the goods is dependent on an individual selection or instruction from the customer or for goods that have unambiguously been tailored to meet the customer’s specific needs. The right of withdrawal cannot be exercised as well for contracts concerning the delivery of audio or video recordings or computer software in sealed packaging if the seal has been removed after delivery.
§11 - Voluntary Right of Return
1. For all purchases on or after 01. January 2019 (except for purchases listed in Section 11 Item 2) POLO will grant, in addition to the statutory right of withdrawal, a voluntary right of return, which applies for a period of in total 3 years from receipt of goods. The exercise of this voluntary right of return is, however, subject to the condition that the relevant goods are new, unused, in the original packaging, undamaged in their original condition and that the original sales packaging is also undamaged. If the customer wants to return a package, the customer must only affix the attached sticker and return the, please complete, package in the original sales packaging to POLO using DHL. For this purpose, the customer simply delivers the package to a Post office or a DHL Drop Off Location. If the sales price for the goods on the return date is lower than the original sales price, only the lower sales price will be reimbursed. If the sales price for the goods on the return date is greater, only the original paid purchase price will be reimbursed. 2. The voluntary right of return does not apply to the purchase of gift vouchers, groceries, books / maps and also not in the case of agreements for the delivery of goods that are not pre-manufactured and for their production an individual selection or instruction by the customer is decisive, or in the case of goods that are clearly customized to the customer’s individual needs. The voluntary right of return does also not apply to the purchase of sound or video recordings and to the purchase of computer software in a sealed packaging, if the sealing was removed after delivery. 3. 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. 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.
§12 - 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 (02165/8440450), as scanned document per e-mail (email@example.com) 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 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.de.
§13 - 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).
§14 - Online Dispute Resolution (ODR)
1. Dispute Resolution Procedures (Germany) We are not willing and we are not obliged to participate in a dispute resolution procedure before a consumer arbitration body.
2. Dispute Resolution Procedures (EU) "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/".
Version: January 11, 2019