General Terms And Conditions
General terms and conditions
The following General Terms and Conditions (GTC) apply to all orders placed via our online shop by consumers and traders.
"Consumer" means an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession;
"trader" means a person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf.
For traders the following applies: If the trader uses conflicting or supplementary General Terms and Conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly agreed to them.
2. CONTRACTUAL PARTNER, FORMATION OF CONTRACT, CORRECTION FACILITIES
The contract is concluded with Polar Parts GmbH.
The presentation of the products in the online shop does not constitute a legally binding offer, but rather, a non-binding online catalogue. You may initially place our products into the shopping basket without obligation and check your entries at any time prior to submitting your binding offer, by using the correction aids provided and explained for this in the ordering process. By clicking on the ordering button, you are submitting a binding offer to buy the products contained in the shopping basket. The confirmation of receipt of your order will take place by e-mail directly after sending the order.
As to when your offer will be accepted and the contract will be formed is subject to the chosen payment method:
Cash in advance
We will accept your order by sending a declaration of acceptance in a separate e-mail within two days, in which we provide you with our bank account details.
During the ordering process you will be redirected to the online provider Apple's website. There you can enter your payment details and confirm the payment order to Apple. After placing your order in the shop, we will ask Apple to initiate the payment transaction and thereby accept your offer.
When you place an order, you provide your credit card details and the credit card company carries out an authorisation check. Once you have been identified as the legitimate cardholder, the payment transaction is automatically initiated and your credit card is charged when the order is placed. At the time of the credit card debit, the contract with us is formed.
After placement of the order, you will be forwarded to PayPal's website. You may enter your payment details there and confirm the payment instructions to PayPal. After submitting your order in the shop we will instruct Pay Pal to initiate the payment transaction. With this, your contract with us will be formed.
Within the context of the PayPal Plus payment service, we offer you various payment methods as PayPal services. After placement of the order, you will be forwarded to the PayPal's website. You may enter your payment details there and confirm the payment instructions to PayPal. With this, your contract with us will be formed.
Sofort by Klarna
After submission of the order, you will be forwarded to SOFORT GmbH's website , where you may confirm the payment instructions to SOFORT. With this, your contract with us will be formed.
3. CONTRACT LANGUAGE, SAVING OF THE CONTRACT TEXT
The language(s) available for concluding the contract: English
We save the text of the contract and forward the order data and our General Terms to you by e-mail. You may also view the text of the contract in our customer login area.
4. DELIVERY CONDITIONS
All prices include VAT. Delivery costs may apply in addition to the product price. Further information about the delivery costs can be found at the offer and in the shopping basket.
We only dispatch goods en route; pick up by the customer is not possible.
The following payment methods are basically available in our online shop:
Payment in advance
If you select payment in advance we provide you with our bank details in a separate e-mail and deliver the goods on receipt of funds
With the submission of the order, you are sending us your credit card details at the same time.
With the submission of the order, you are sending us your credit card details at the same time.
After your identification as the legal cardholder, the payment transaction will be automatically carried and your card will be charged.
PayPal, PayPal Express
During the ordering process you will be forwarded to PayPal's website. To pay the invoice amount via PayPal, you must be registered there or register first, identify yourself with your access data and confirm the payment instructions to us. After submitting your order in the shop we instruct PayPal to initiate the payment transaction. Directly afterwards, the payment transaction is carried out automatically by PayPal. You will receive additional information during the ordering process.
Within the context of the PayPal Plus payment service, we offer you various payment methods as PayPal services. You will be forwarded to PayPal's website. You may enter your payment details there and confirm the use of your data by PayPal and the payment instructions to PayPal.
If you have selected the PayPal payment type, in order to pay the invoice amount, you must be registered there or register first and identify yourself with your access data. The payment transaction will be carried out automatically by PayPal directly after confirmation of the payment instructions. You will receive additional information during the ordering process.
Credit card via PayPal
If you have selected the credit card payment type, in order to pay the invoice amount, you do not need to be registered with PayPal. The payment transaction will be carried out by your credit card company upon request by PayPal and debited to your card, directly after confirmation of the payment instructions and after your identification as the legal cardholder. You will receive additional information during the ordering process.
Direct debit via PayPal
If you have selected the direct debit payment type, in order to pay the invoice amount, you do not need to be registered with PayPal. With the confirmation of the payment instructions, you are granting PayPal a direct debit mandate. PayPal will inform you separately about the date of the account debit in an advance notification (pre-notification). With the submission of the direct debit directly after confirmation of the payment instructions, PayPal will request its bank to initiate the payment transaction. The payment transaction is automatically carried out and your account is debited. You will receive additional information during the ordering process.
Invoice via PayPal
If you have selected the invoice payment type, in order to pay the invoice amount, you do not need to be registered with PayPal. After a successful address and creditworthiness check and placement of your order, we will assign our claim to PayPal. In this case, you may only pay to PayPal with a debt-discharging effect. For payment processing via PayPal – in addition to our Terms– the GTC and data protection policy of PayPal shall apply. Additional information and the complete GTC of PayPal for invoice purchase can be found here: https://www.paypal.com.
SOFORT by Klarna
After placement of the order, you will be forwarded to the online provider SOFORT GmbH's website. In order to pay the invoice amount via SOFORT, you must have an online banking account with PIN/TAN process for participating in SOFORT online bank transfer, identify yourself accordingly and confirm the payment instructions to us. You will receive additional information during the order process. The payment transaction will be carried out by SOFORT and debited to your account directly thereafter.
In order to pay the invoice amount via Apple Pay, you have to use the „Safari“ browser, be registered with the service provider Apple, must have activated the Apple Pay function, identify yourself with your access data and confirm the payment order. The payment transaction will be carried out directly after submitting your order. Further information can be found during the ordering process.
Purchasing on account and financing by Klarna
In collaboration with Klarna AB (www.klarna.com), Sveavägen 46, Stockholm, Sweden, we can offer you the payment options of
purchasing on account and payment by instalments. Please note that Klarna accounts and Klarna payment by instalments are only available for consumers and that payment has to be made to Klarna.
Klarna payment by instalments
Using the financing service from Klarna, you can pay for your shopping in flexible monthly instalments of at least 1/24 of the total amount (at minimum, however, 6.95 euros). You can find further information on Klarna payment by instalments including the General Terms and Conditions and Standard European Consumer Credit Information here [https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/account].
By purchasing on account with Klarna, you receive the goods first and then always have a payment term of 14 days. The full general terms and conditions for purchasing on account are available here [https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/invoice?fee=0].
6. RIGHT TO CANCEL
You are entitled to the statutory right to cancel, as described in the instructions on the right to cancel.
7. RETENTION OF TITLE
The goods shall remain our property until full payment is made.
For traders, the following applies additionally: We reserve ownership of the goods until complete settlement of all claims arising from a current business relationship. You may resell reserved goods in ordinary business operations; you shall assign any claims arising from this resale – irrespective of connecting or mixing of the reserved goods with a new item - in the amount of the invoice amount to us in advance, and we accept this assignment. You remain authorised to collect the claims; however, we may likewise collect the claims ourselves, should you fail to fulfil your payment obligations.
8. DAMAGE DURING DELIVERY
For consumer the following applies: If the goods are delivered with obvious damage caused during delivery, please report the defect to the carrier and notify us without delay. Failure to make a complaint or to make contact does not in any way affect your legal rights or the enforcement of such rights, notably your warranty rights. However, in doing so you help us to assert our own claims against the carrier or transport insurer.
9. WARRANTY AND GUARANTEES
We are under a legal duty to supply products that are in conformity with this contract.
Statutory rights shall apply with respect to liability for defects.
For traders, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The sale of used goods is carried out under exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
With respect to traders, only our own information and the manufacturer’s product descriptions, which have been included in the contract, are regarded as the agreement regarding the quality of the goods; we assume no liability for public statements of the manufacturer or other advertising statements.
If the delivered item is defective, we may initially choose, with respect to businesses, whether we will provide supplementary performance by rectifying the defect (repair) or by delivering a non-defective item (replacement delivery), at our discretion.
The aforementioned restrictions and shortened time limit do not apply to claims for damages, which have been caused by us, our legal representatives or legal agents
• for injury to life, limb or health
• for deliberate or grossly negligent breach of duty, as well as fraud
• for breach of material contractual obligations, the fulfilment of which make the proper execution of the contract possible at all and which the contracting parties may generally rely on and trust in being complied with
• within the context of a guarantee commitment, where agreed.
Information about additionally applicable guarantees and their precise conditions can be found next to the product or on distinct information pages in the online shop, if applicable.
We shall in any case be liable without limitation for claims due to damages that have been caused by us, our legal representatives or legal agents
• for injury to life, limb or health
• for deliberately or grossly negligent breach of duty
• for guarantee commitments, where agreed
• insofar as the scope of application of the Consumer Rights Act 2015 is open
• in relation to any other liability, including any liabilities under sale of goods or supply of services legislation, that may not by applicable law be excluded or limited.
For breach of material contractual obligations, the fulfilment of which make the proper execution of the contract possible at all and which the contracting parties may generally rely on and trust in being complied with, due to slight negligence by us, our legal representatives or legal agents, the amount of liability is limited to the foreseeable damages at the time of contract conclusion, the occurrence of which must typically be anticipated.
Ceteris paribus, claims for compensation for damages are excluded.
11. CODE OF CONDUCT
We have submitted to the following codes of conduct:
Trusted Shops (https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf [https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf])
12. ONLINE DISPUTE RESOLUTION
The European Commission provides a platform for online dispute resolution (ODR) which can be accessed at https://ec.europa.eu/consumers/odr/ [https://ec.europa.eu/consumers/odr/].
We are neither obligated nor willing to participate in dispute settlement proceedings before a dispute resolution body.
13. FINAL PROVISIONS
If you are a trader, German law applies, to the exclusion of the UN Sales Convention.
If you are a "Kaufmann" within the meaning of the German Commercial Code (HGB), public-law legal entity or special public-law fund, the exclusive legal jurisdiction for all disputes from contractual relationships between us and you is our registered office.