Conditions générales d’utilisation
These terms and conditions for purchases via www.polarembassy.com apply between Plus 1907 GmbH, bei SCNE UG (haftungsbeschränkt), Schönhauser Allee 44, 10435 Berlin Germany, (Managing Director Jon Derman Harris, Court of jurisdiction: Amtsgericht Charlottenburg, Registration number: HRB 234045 B, VAT ID number in accordance with §27a of the VAT Tax Act: DE437779582), hereafter “Provider”, and the user of the online store, hereafter “Customer”, in the version valid at the time of order. Our offer is directed exclusively at consumers as defined in § 13 of the German Civil Code (BGB). For customers who do not act as consumers, separate contractual terms and conditions will be communicated separately and on request. All agreements concluded between the Customer and Provider regarding the delivery of goods result from these terms and conditions, our written order confirmation, and our declaration of acceptance. Conflicting, deviating, or supplementary terms and conditions of the Customer are not recognized.
When the Customer clicks “buy” on www.polarembassy.com, the item is placed in their cart. Before they purchase, the Customer has the opportunity to check and confirm that their product selection and data provided are correct. When they click “Buy Now”, the Customer makes a binding offer to purchase the contents of their basket. The Provider will email receipt of the order to the customer immediately, which does not constitute acceptance of the offer. The contract is concluded when the Provider sends acceptance of the order in a separate email, along with the order, an invoice, tracking information of the items, and a link to these terms. The Provider will also notify the customer when the item has shipped. The contract is concluded in German and English, and governed by the law of the Federal Republic of Germany.
The Customer has the legal right of withdrawal within 14 days. The pictures, illustrations, and descriptions on the site are non-binding; the Customer accepts that minor deviations are possible and reasonable. The Provider will notify the Customer without delay if the product they have ordered is temporarily not available. If the delay is longer than 14 days, the Customer has the right to withdraw from the contract. In this case, the Provider is also entitled to withdraw from the contract, and will immediately refund any payments already made by the Customer.
Delivery times are calculated from the time the contract is concluded. The Provider will deliver to the address provided by the Customer as long as it is within the area shown on the site. If the delivery is not accepted, not picked up, or resent to the Provider due to the Customer’s error, the Customer must bear the costs of further delivery, if that is requested. Operational disruptions due to cases of force majeure may delay delivery. In this case, the Customer is entitled to terminate the contract if they can no longer be reasonably expected to wait any longer.
Payment and Pricing
The customer can pay with payment providers shown on the site. Payment (in Euros) is due immediately upon conclusion of the contract. Until full payment is complete, products remain the property of the Provider. Unless otherwise stated, prices listed include applicable VAT and shipping costs within the stated delivery areas. The Customer is only entitled to compensation if their counterclaims are legally valid, recognized by the Provider, or undisputed.
- The Customer’s claims for damages are excluded. This excludes the Customer’s claims to damages from injury to life, limb, health, or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the Provider, its legal representatives, or agents. Essential contractual obligations are those that must be fulfilled to complete the contract properly.
- If essential contractual obligations are breached, the Provider is only liable for foreseeable damage that is typical for the contract. This applies if damage was caused by simple negligence, not if the Customer’s claims are for damages from injury to life, limb, or health. Liability for damage to the Customer’s legal assets (for example: property) caused by the delivered item is completely excluded.
- The restrictions of the preceding two paragraphs also apply to the Provider’s legal representatives and agents, should claims be made at them.
- Provisions of the The Product Liability Act are unaffected.
- Should the Customer be an entrepreneur, the Provider’s liability is limited to foreseeable, typical damage, even in cases of gross negligence, if damage is caused by the delivered item to the Customer’s legal assets (for example: property), and due to injury to life, limb, or health.
- The Customer indemnifies the Provider from all claims made against it by third parties on the Customer’s behalf.
The Provider is liable for defects according to applicable statutory provisions. Additional warranty exists for items delivered by the Provider only if explicitly given in the item’s order confirmation.
The Customer agrees that all contract-related communication can be in electronic form. Order processing and contacting are usually done automatically via email. The Customer must ensure that their data has been entered correctly, and that communication from the Provider is not blocked by any spam filter they may use. The Provider observes the provisions of the Federal Data Protection Act and the Telemedia Act. The collection, processing, or use of customers’ data is solely for the processing of contracts. Customer data will not be used for advertising or market research without the customer’s consent. The Provider’s complete Datenschutz policies are permanently available here.
The Provider reserves the right to change these terms for objective reasons (examples include: changes in the law, the Provider’s offerings, technical developments). This applies in particular if new offers from Plus 1907 require new regulations. Amendments will be sent to the Customer six weeks prior to their implementation. The Customer may object, in which case Plus 1907 may terminate the contract with the Customer. If the Customer does not object within the six weeks, the amendments are considered accepted.