Terms of Service

1 Scope and Provider
These general terms and conditions apply to all orders placed via the online shop

Polytalon GmbH
Bücklestrasse 3
78467 Constance

Telephone: +49 (0)174 6601738
Email: info@polytalon.com

Managing Partners:
Marcel Bayerke
Philip Ruf
Adrian Flaig

VAT ID no. DE348062824

be made.

2 Conclusion of Contract
2.1 The product presentations in the online shop are used to submit a purchase offer. By clicking the “Buy” button, you submit a binding purchase offer.

2.2 We can accept your order by sending a separate order confirmation by e-mail or by delivering the goods. The confirmation of receipt of the order is sent by automated e-mail immediately after the order has been sent and does not yet represent acceptance of the contract.

3 Subject of the contract
The subject of the contract is the product that you have ordered with the characteristics and dimensions of our product description. Illustrations on our website serve as general product information in a purely pictorial representation and do not claim to be complete or correct. The presentation of the products on our website does not constitute a legally binding offer, but a non-binding online catalogue.

4 Prices / Terms of Payment
4.1 The prices listed on our website at the time the order is placed apply. All prices are to be understood as end customer prices including the statutory sales tax at the time the contract is concluded.

4.2 The goods are paid for either in advance, PayPal or according to a separate payment agreement.

5 shipping costs

In the case of mail-order sales, the buyer bears the shipping costs ex warehouse and the costs of any transport insurance he may require. Unless otherwise agreed, we charge a shipping fee of:

Within Germany
Up to 5 kg: €6.90, over 5 kg: €9.90

According to Austria
Up to 5 kg: €9.90, over 5 kg: €12.90

To Switzerland
Up to 5 kg: €14.90, over 5 kg: €16.90

Shipping fees to other countries on request.

Any customs duties, fees, taxes and other public charges are borne by the buyer. We do not take back packaging (including packaging in accordance with the Packaging Ordinance), it becomes the property of the buyer; pallets are excluded.

6 Terms of Delivery / Passing of Risk
6.1 The delivery time for the delivery of goods is up to 10 days after the purchase price including shipping costs has been credited to the account listed on our website or in the order confirmation sent by e-mail.

6.2 Delivery is ex warehouse (place of performance). At the request and expense of the buyer, the goods will be sent to a different destination (“sales by mail”). Unless otherwise agreed, we are entitled to determine the type of shipping (in particular the transport company, the shipping route and the packaging) ourselves.

6.3 The risk of accidental loss and accidental deterioration of the goods is transferred to the buyer at the latest when the goods are handed over. In the case of mail-order sales, the risk of accidental loss, accidental deterioration and delayed delivery of the goods passes to the buyer upon delivery of the goods to the forwarding agent, carrier or other person responsible for carrying out the shipment. The handover is the same if the buyer is in default of acceptance. If goods are delivered with obvious transport damage, please report such errors to the deliverer immediately and contact us as soon as possible

7 Information obligations of the customer
Your personal information must be truthful. If your data changes during the term/processing of the contract, you are obliged to inform us of these changes immediately. If you fail to do this or if you give us incorrect data from the outset, we are entitled to withdraw from the concluded contract free of charge. You can be passed on to costs incurred as a result of misdirecting the goods due to incomplete or incorrect address information.

8 Retention of Title
8.1 We reserve ownership of the goods sold until all our current and future claims from the purchase contract and our ongoing business relationship (secured claims) have been paid in full.

8.2 The goods subject to retention of title may not be pledged to third parties or assigned as security before the secured claims have been paid in full. The buyer must inform us immediately in writing if and to the extent that third parties access the goods belonging to us.

9 Right of Withdrawal
9.1 Consumers have a 14-day right of withdrawal when ordering from our online shop in accordance with the following regulations:

Right of withdrawal
right of withdrawal
You can revoke your contract declaration within 14 days without giving any reason in text form (e.g. letter, e-mail) or – if the item is left to you before the deadline – also by returning the item. The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods, not before receipt of the first partial delivery). The timely dispatch of the cancellation or the item is sufficient to meet the cancellation deadline.

The revocation must be sent to:

Polytalon GmbH
Bücklestrasse 3
78467 Constance

Telephone: +49 (0)174 6601738
Email: info@polytalon.com

Managing Partners:
Marcel Bayerke
Philip Ruf
Adrian Flaig

The return must also be sent to this postal address.
You can download a cancellation form here: Download cancellation form

Consequences of revocation
In the event of an effective revocation, the services received by both parties are to be returned and any benefits (e.g. interest) surrendered. If you cannot return or hand over the received service and benefits (e.g. advantages of use) or only partially or only in a deteriorated condition, you must compensate us for the value in this respect. You only have to pay compensation for the deterioration of the item and for any use made if the use or deterioration is due to handling of the item that goes beyond the examination of the properties and functionality. “Testing the properties and functionality” means testing and trying out the respective goods, as is possible and customary in a retail store. Transportable items are to be returned at our risk. The buyer bears the costs of the return. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the dispatch of your declaration of revocation or the item, for us with their receipt.

End of revocation

9.2 The right of withdrawal does not apply to distance contracts for the delivery of products that are made to customer specifications or are clearly tailored to personal needs. This does not affect your claims for the elimination of defects if the contractual service is defective.

9.3 Please send the goods back to us – if it is possible for you – in the original packaging with all accessories and with all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please use suitable packaging to ensure adequate protection against transport damage.

9.4 Please inform us before returning the goods by email to announce the shipment. In this way, you enable us to assign the products as quickly as possible.

10 Liability
10.1 Unless otherwise stated in these General Terms and Conditions, we are liable in the event of a breach of contractual and non-contractual obligations in accordance with the statutory provisions.

10.2 We are liable for damages, for whatever legal reason, in the event of intent and gross negligence. In the case of simple negligence, we are only liable, subject to statutory liability limitations (e.g. diligence in our own affairs).

a) for damage resulting from injury to life, limb or health as well

b) for damages resulting from the breach of a material contractual obligation (obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner regularly relies and may rely); in this case, however, our liability is limited to compensation for the foreseeable, typically occurring damage.

10.3 The limitations of liability according to paragraph 2 also apply to breaches of duty by or in favor of persons whose fault we are responsible for according to the statutory provisions. The limitations of liability according to paragraphs 2 and 3 do not apply if we have fraudulently concealed a defect or have assumed a guarantee for the quality of the goods or for claims by the buyer under the Product Liability Act.

11 Warranty
The statutory right to liability for defects applies to the items offered in our shop.

12 Jurisdiction, Choice of Law
12.1 These GTC and all legal relationships between us and the buyer are subject to the law of the Federal Republic of Germany to the exclusion of private international law and the UN Sales Convention. Prerequisites and effects of the retention of title according to Section 6 are subject to the law at the respective location of the item, insofar as the choice of law made in favor of German law is inadmissible or ineffective.

12.2 If the customer is a merchant, a legal entity under public law or has no general place of jurisdiction in Germany, the exclusive place of jurisdiction for disputes arising from and in connection with these GTC and the contracts concluded according to them is Konstanz (Germany). However, we are also entitled to choose another place of jurisdiction, in particular the buyer’s general place of jurisdiction. Legally mandatory places of jurisdiction remain unaffected.

12.3 In the event of deviations between the German and English language versions of these General Terms and Conditions, the German version is binding. The English language version is for information only.

13 Final Provisions
Should a provision of these General Terms and Conditions be ineffective, the rest of the contract shall remain effective. The relevant statutory provisions shall apply in place of the ineffective provision.