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Terms of Service

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I: General terms and conditions of business/delivery and mandatory information

II: Information on dispute resolution procedures

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providers and contractors

Polyment GmbH

Feldstrasse 90

25421 Pinnenberg

Mobile phone: +49/ (0)17657854923

Email: info@polyment-shop.de

Commercial Register: District Court of Pinneberg

Registration number: HRB 8615 PI

Managing Director: Mr. Florian Kaczmierczak

VAT ID: DE 270866633

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I: General terms and conditions of business/delivery and mandatory information

Status: 09/2021

  • 1 - Scope

(1) These terms and conditions of Polyment GmbH (hereinafter: "Seller") apply to all sales by the Seller that the customer buys from the Seller via their online shop. The inclusion of conditions of the customer is contradicted, unless the parties have expressly agreed otherwise.

(2) "Customers" are both consumers and entrepreneurs, whereby a consumer is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity. On the other hand, an entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

  • 2 - Conclusion of contract

(1) With the exception of orders via the "Express Checkout" button, the seller's product offers merely represent an invitation to the customer to submit a purchase offer. By placing an order, the customer submits a binding purchase offer to the seller. The acceptance of this purchase offer by the seller only takes place through a declaration of acceptance or payment request within 48 hours after receipt of the purchase offer.

(2) In the case of an order via the "Express Checkout" button, the seller's product offers represent binding purchase offers to the customer. The acceptance of these purchase offers by the customer, and thus the conclusion of the contract between the parties, takes place when the ordering process is completed.

(3) The ordering process in the online shop begins by placing a product in the shopping cart. This is done using the "ADD TO CART" button on the product detail page. The customer can display the contents of the shopping cart at any time using the "Shopping cart" button in the top menu.

If the customer has filled his personal shopping cart with the products he wants, he can continue the ordering process in the shopping cart by clicking the "CHECK OUT" button on the following page. Before that, the customer has the option of entering the order quantity in the shopping cart by specifying the desired number to correct or to delete a product from the shopping cart using the "Remove" button.

In "CHECK-OUT" the customer has the option of completing his order using the "Express Checkout" button or continuing the order by entering his personal data.

  1. a) Orders via the "Express Checkout" button

If the customer decides to order an "Express Checkout", he will be forwarded to the login screen of the payment service provider selected by the customer. After the customer has successfully registered with his registered e-mail address and the associated password, the address and account data stored by the customer with the respective payment provider are displayed and accepted. The customer returns to the seller's online shop via the "Next" button and is in the order overview.

  1. b) Orders outside of the "Express Checkout"

If the customer is already registered with the seller, he can continue his order by entering his e-mail address and the associated password via the "Login" field. If the customer has not registered for a customer account, the customer must first create a customer account with the seller. To do this, he must first enter his personal data and confirm the information by clicking the "Continue to shipping" button. The customer can then select a shipping method offered by the seller. To do this, the customer must activate the field for the desired shipping method with a "click" and confirm the selection with the "Continue to payment" button. In the next order step, the customer can select a payment method offered by the seller. The selection is also made here by a “click”. The selection is confirmed by clicking the "Check order" button. The customer is then in the order overview.

Any corrections to the entered data that the customer wishes to make can be made via the respective "Change" link.

The customer places the binding order for the products in the shopping cart by clicking the "Pay now" or "Buy" button.

(3) Purchase processing and contact are made by e-mail with the help of the automated purchase processing software. The customer must therefore ensure that the e-mail address provided by him for the purchase transaction is correct so that correspondence can take place via this. If spam filters are used, the customer must ensure that all e-mails sent by the seller or their purchase processing service providers for the purchase are received.

  • 3 - Contract storage

The order data of the customer as well as the terms and conditions customer information and the cancellation policy together with a model cancellation form are sent in the order confirmation sent by e-mail. The text of the contract is not saved by the seller after the conclusion of the contract. Correspondingly more extensive permanent backups of the offer must therefore be initiated by the customer himself (e.g. with a screenshot).

  • 4 - Prices

The prices given by the seller include all price components including the respective statutory German value-added tax. VAT is shown separately. The packaging and shipping costs are shown separately via the "Shipping costs" link and are charged separately. Other price components, such as additional taxes, customs duties or other charges may apply to cross-border deliveries.

  • 5 - Terms of payment

Payments can be made as follows:

- Payment via PayPal or "PayPal direct"

After sending the order or, in the case of PayPal, directly during the ordering process, the customer is forwarded to the PayPal page of PayPal (Europe) S.à rl et Cie, SCA, Luxembourg, through which the payment to the seller is initiated by the customer. After confirmation of the payment by PayPal, the goods will be shipped. The debiting of the customer account depends on the payment method selected by the customer and is based on the PayPal terms and conditions, which the customer agreed to when registering with PayPal or when issuing the payment instruction;

- Payment via AMAZON Pay

During the ordering process, the customer is forwarded to the Amazon Payments login page (Amazon Payments Europe SCA 5, Rue Plaetis - 2338 Luxembourg) for the purpose of selecting the payment method stored by him at Amazon and the data transfer of the customer's address stored at Amazon. After confirmation of the payment by Amazon Payment, the goods will be shipped. The debiting of the customer account depends on the payment method selected by the customer and is based on the conditions of Amazon;

- Payment with credit card

During the ordering process, the customer is asked to enter his credit card details. If the seller accepts the contract, the payment is processed.

The debiting of the bank account or the credit card depends on the processing of the customer banks or the credit card issuing institute of the customer;

- Payment by immediate transfer - A product from Klarna

The payment is processed by the provider Sofort GmbH, Munich. A prerequisite for this payment method is an online banking account which the customer can access with a PIN and TAN. The payment instruction by the customer takes place after sending his order. After confirmation of payment, the goods will be shipped;

- Payment by invoice or "pay immediately" with Klarna

If you choose the Klarna payment method, the payment will be processed by Klarna Bank AB ("Klarna"), Sveavägen 46, 11134 Stockholm, Sweden. In these cases, the seller assigns the claim to Klarna. Further information and Klarna's complete terms and conditions are available at the URL https://www.klarna.com/ . Klarna checks and evaluates the data provided by the customer and, if there is a legitimate reason, exchanges data with other companies and credit agencies (credit check). If the customer's creditworthiness cannot be guaranteed, Klarna can refuse the customer the payment methods via Klarna and must point out alternative payment options.

- Payment via Shopify Payments

If you choose to pay using the payment methods offered by "Shop Pay", the payment will be processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland.

The payment methods offered by the provider via Shopify Payments are communicated to the customer during the ordering process. Further information on "Shopify Payments" is available at https://www.shopify.com/legal/terms-payments-de . After confirmation of the payment or approval by Shopify Payment, the service is provided. The debiting of the customer's account depends on the payment method selected by the customer and is governed by the terms of Shopify Payment.

- Payment via Google Pay

If the payment method Google Pay or G-Pay is selected in "Express Checkout", the customer will be forwarded to the Google Pay page of Google Inc., 1600 Amphitheater Parkway Mountain View, CA 94043, USA, through which the payment will be forwarded to the seller is caused to the customer. To do this, the customer must link their existing Google account once with a payment method (credit card or bank card). After confirmation of the payment by Google, the goods will be shipped. The debiting of the customer account depends on the payment method selected by the customer and is based on Google's terms and conditions.

  • 6 - Delivery

(1) The delivery times specified for the products begin on the day following the conclusion of the contract or, in the case of a payment order, after the order has been sent, the day of the customer's payment order to the payment service provider. If the last day of the delivery period falls on a Saturday, Sunday or a public holiday recognized by the state at the place of delivery, the next working day takes the place of this day.

(2) In the case of a delivery outside of Germany, the latest delivery time specified for the products is extended by 5 working days for deliveries within the EU member countries.

  • 7- Retention of title

The delivered goods remain the property of the seller until all claims from the contract have been fulfilled.

  • 8 - Liability for defects

(1) In the case of sales to entrepreneurs, the limitation period for defects in new goods is one year from the transfer of risk. The statute of limitations does not begin again if a replacement is delivered as part of the liability for defects.

(2) For entrepreneurs, the statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected, the same applies to entrepreneurs and consumers in the event of an intentional breach of duty and fraudulent concealment of a defect. In the case of sales to entrepreneurs and consumers, the following paragraph (4) also applies that these limitations of liability do not extend to claims for damages and reimbursement of expenses that the buyer can assert due to a defect.

(3) In the case of sales to a merchant within the meaning of commercial law (Section 1 of the German Commercial Code), the commercial obligation to examine and give notice of defects within the meaning of Section 377 of the German Commercial Code apply. If the statutory notification obligations are not met, the goods shall be deemed to have been approved.

(4) In the event of injury to life, limb or health, the seller is fully liable for any legal reason. This also applies to fraudulent intent and guarantee promises or if liability is based on mandatory statutory provisions, such as the Product Liability Act.

(5) Otherwise, the statutory provisions apply.

  • 9 - Contract language

The contract language is German.

  • 10 - Final Provisions

(1) The law of the Federal Republic of Germany applies.

(2) The choice of law according to paragraph 1 applies to consumers in the sense of § 1 paragraph 2 sentence 1 only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

(3) The regulations on the UN sales law do not apply.

(4) If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the place of business of the seller. The same applies if the customer does not have a general place of jurisdiction in Germany or the EU or if his domicile or habitual abode is not known at the time the action is filed.

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II: Information on dispute resolution procedures

We are not willing and not obliged to participate in a dispute settlement procedure.

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