Terms and Conditions

1. Scope of Application

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Polyluma GmbH apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter referred to as "Customer") and the seller regarding the goods displayed by the seller in his online shop.

1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly not attributable to their commercial or self-employed professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or a legally capable partnership who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.

2. Conclusion of Contract

2.1 The purchase contract is concluded with Polyluma GmbH.

2.2 The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller but serve for the submission of a binding offer by the customer.

2.3 The customer can submit the offer via the online order form integrated into the seller's online shop. In doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that concludes the ordering process.

2.4 The seller may accept the customer's offer within five days:

• by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the customer is decisive, or
• by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive, or
• by requesting payment from the customer after the order has been placed. If several of the aforementioned alternatives are present, the contract is concluded at the point in time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by their declaration of intent.

2.5 If the payment method "PayPal Express" is selected, the payment will be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), under the terms of PayPal's user agreement, accessible at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - under the terms for payments without a PayPal account, accessible at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer selects "PayPal Express" as the payment method within the online order process, the customer also issues a payment order to PayPal by clicking the button that concludes the order process. In this case, the seller already declares acceptance of the customer's offer at the point in time when the customer initiates the payment process by clicking the button that concludes the order process.

2.6 When submitting an offer via the seller's online order form, the contract text is stored by the seller and sent to the customer after submission of their order along with the present GTC in text form (e.g., e-mail, fax, or letter). In addition, the contract text is archived on the seller's website and can be accessed by the customer via their password-protected customer account, provided that the customer has created a customer account in the seller's online shop before submitting their order.

2.7 Before submitting a binding order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognizing input errors can be the enlargement function of the browser, which allows the display on the screen to be enlarged. The customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

2.8 The order processing and contact usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by them for order processing is accurate so that e-mails sent by the seller can be received at this address. In particular, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered when using SPAM filters.

3. Right of Withdrawal

3.1 Consumers generally have a right of withdrawal

3.2 Right of Withdrawal You have the right to withdraw from this contract within 30 days without giving any reason. The withdrawal period will expire after 30 days from the day on which you or a third party other than the carrier and indicated by you acquires, physical possession of the last good. To exercise the right of withdrawal, you must inform us (Polyluma GmbH, Ackerstrasse 23, 10115 Berlin / +49 (0) 30 30806061 / info@polyluma.com) of your decision to withdraw from this contract by an unequivocal statement (e.g., a letter sent by post or e-mail). To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. When exercising the right of withdrawal, we kindly ask you to return the goods in their original packaging. We therefore recommend that you fold the packaging and keep it until you have made your final decision.

3.3 General Information We will coordinate the collection of the goods with you. Do not return any goods on your own initiative. To coordinate the collection, please contact our customer service: +49 (0) 30 30806061 / Email: info@polyluma.com

3.4 Consequences of Withdrawal If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

4. Prices and Payment Conditions

4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices, which include the statutory value-added tax.

4.2 The available payment methods will be communicated to the customer in the seller's online shop.

4.3 When paying via a payment method offered by PayPal, the payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: 'PayPal'), under the terms of PayPal's user agreement, accessible at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - under the terms for payments without a PayPal account, accessible at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

5. Delivery and Shipping Conditions

5.1 The delivery of goods is made by shipping to the delivery address specified by the customer unless otherwise agreed. The delivery address specified in the seller's order processing is decisive for the processing of the transaction.

5.2 Delivery is free of charge within the EU. Shipping costs for countries outside the EU are calculated individually.

5.3 Self-collection of the goods or deliveries is possible by arrangement.

6. Retention of Title

If the seller makes an advance delivery, he retains ownership of the delivered goods until the purchase price owed has been paid in full.

7. Liability for Defects (Warranty)

7.1 If the purchased item is defective, the provisions of statutory liability for defects shall apply.

7.2 Notwithstanding this, the limitation period for defect claims for used goods is one year from delivery of the goods to the customer. The reduction of the limitation period to one year does not apply:

• for items that have been used for a building in accordance with their normal use and have caused its defectiveness,
• for claims for damages and reimbursement of expenses by the customer, and
• in the event that the seller has fraudulently concealed the defect.

7.3 The customer is requested to complain to the deliverer about delivered goods with obvious transport damages and to inform the seller of this. If the customer fails to do so, this has no effect on his statutory or contractual claims for defects.

8. Liability

We are always liable without limitation for claims based on damages caused by us, our legal representatives, or agents:

• in case of injury to life, body, or health,
• in case of intentional or grossly negligent breach of duty,
• in case of warranty promises, if agreed, or
• to the extent that the scope of the Product Liability Act is opened.

In the event of a breach of essential contractual obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives, or agents, the liability is limited to the amount foreseeable at the time of the conclusion of the contract, with which the occurrence of damage typically has to be reckoned. Otherwise, claims for damages are excluded.

9. Applicable Law

9.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws governing the international sale of goods. For consumers, this choice of law applies only to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

9.2 Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time of the conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of the conclusion of the contract.

10. Jurisdiction

If the customer is a merchant, a legal entity under public law, or a special fund under public law with its seat within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller's place of business. If the customer has his seat outside the territory of the Federal Republic of Germany, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract, provided that the contract or claims arising from the contract can be attributed to the professional or commercial activity of the customer. In the above cases, however, the seller is also entitled to bring the matter before the court at the customer's place of business.