General Terms and Conditions of Business

Basic Provisions

The following terms and conditions apply to contracts that you conclude with us as a provider (Polkadot & Shruumz) via the website https://polkadotnshruumz.com. Unless otherwise agreed, the inclusion of any terms and conditions you may have used is objected to.

A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to either their commercial or independent professional activity. 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.

Conclusion of the Contract

The subject of the contract is the sale of goods.

By placing the respective product on our website, we are making you a binding offer to conclude a contract under the conditions specified in the item description.

The contract is concluded via the online shopping cart system as follows: The goods intended for purchase are placed in the “shopping cart.” You can access the “shopping cart” using the corresponding button in the navigation bar and make changes there at any time. After calling up the “Checkout” page and entering your personal data as well as the payment and shipping conditions, all order data is finally displayed again on the order overview page. If you use an instant payment system (e.g., credit card or instant transfer Klarna) as your payment method, you will either be taken to the order overview page in our online shop or you will first be redirected to the website of the provider of the instant payment system. If you are redirected to the respective instant payment system, you make the appropriate selection or enter your data there. By submitting the order using the “order with payment” button, you declare your legally binding acceptance of the offer, which creates the contract.

Your requests to create an offer are non-binding for you. We will make you a binding offer in text form (e.g., by email), which you can accept within 5 days.

The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by email. You must therefore ensure that the email address you have provided to us is correct, that receipt of the emails is technically guaranteed, and, in particular, that it is not prevented by spam filters.

Right of Retention, Retention of Title

You can only exercise a right of retention if it concerns claims from the same contractual relationship.

The goods remain our property until the purchase price has been paid in full.

If you are an entrepreneur, the following also applies:

• We reserve ownership of the goods until all claims from the ongoing business relationship have been settled in full. Pledging or transfer of security is not permitted before ownership of the reserved goods is transferred.
• You can resell the goods in the ordinary course of business. In this case, you assign to us all claims in the amount of the invoice amount that arise from the resale and we accept the assignment. You are still authorized to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.
• If the reserved goods are combined or mixed, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.
• We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.

Warranty

The statutory liability rights for defects apply.

As a consumer, you are requested to check the item immediately upon delivery for completeness, obvious defects, and transport damage and to report any complaints to us and the carrier as soon as possible. If you do not do this, it will have no effect on your statutory warranty claims.

If you are an entrepreneur, the following applies, deviating from the above warranty provisions:

• Only our own information and the manufacturer’s product description are deemed to be agreed as to the condition of the item, but not other advertising, public praise, and statements made by the manufacturer.
• In the event of defects, we will, at our discretion, provide a warranty through repair or subsequent delivery. If the defect cannot be remedied, you can either request a reduction in price or withdraw from the contract. The elimination of defects is deemed to have failed after an unsuccessful second attempt, unless the nature of the item or the defect or other circumstances indicate otherwise. In the event of repair, we do not have to bear the increased costs that arise from moving the goods to a location other than the place of performance if the delivery does not correspond to the intended use of the goods.
• The warranty period is one year from the date of delivery. The shortened deadline does not apply:
  • to culpably caused damages attributable to us resulting from injury to life, body, or health and to other damages caused intentionally or through gross negligence;
  • if we fraudulently concealed the defect or assumed a guarantee for the quality of the item;
  • for items that were used for a building in accordance with their normal use and caused its defects;
  • in the event of legal recourse claims that you have against us in connection with defect rights.

Choice of Law, Place of Performance, Place of Jurisdiction

The law of Germany applies. For consumers, this choice of law only applies to the extent that the protection granted by mandatory provisions of the law of the consumer’s country of habitual residence is not withdrawn (principle of favorability).

The place of performance for all services arising from the business relationship with us and the place of jurisdiction is our registered office, provided that you are not a consumer but a merchant, a legal entity under public law, or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is not known at the time the action is brought. The right to also bring the case before a court at another legal place of jurisdiction remains unaffected.

The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.

Child Protection

When selling goods that are subject to the provisions of the Youth Protection Act, we only enter into contractual relationships with customers who have reached the legally required minimum age. Existing age restrictions are indicated in the respective item description.

By submitting your order, you confirm that you have reached the minimum age required by law and that your details regarding your name and address are correct. You are obliged to ensure that only you or persons authorized by you to accept the delivery who have reached the minimum age required by law receive the goods.

To the extent that we are required by law to carry out an age check, we instruct the logistics service provider commissioned with the delivery to only hand over the delivery to persons who have reached the legally required minimum age and, in case of doubt, to ask the person receiving the goods to show their identity card for age verification.

If we indicate in the respective item description that you must be over 18 to purchase the goods, beyond the legally prescribed minimum age, the above paragraphs 1-3 apply with the proviso that instead of the legally prescribed minimum age, you must be of majority.

If orders are placed by persons under the age of 18, the provider hereby revokes the contract as a precautionary measure in accordance with Section 109 of the German Civil Code (BGB). Adults who are responsible for or represent minors who place orders using false information are liable to the provider in accordance with the statutory provisions for all damages resulting from orders placed using false information.

Customer Information

Identity of the Seller:

Polkadot & Shruumz

Email: [email protected]

Alternative Dispute Resolution:

The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr.

Information on the Conclusion of the Contract:

The technical steps for concluding the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with the provisions “Conclusion of the contract” of our General Terms and Conditions.

Contract Language, Contract Text Storage

The contract language is English.

We do not save the complete contract text. Before sending the order via the online shopping cart system, the contract data can be printed out or saved electronically using the browser’s print function. After we receive the order, the order data, the legally required information for distance selling contracts, and the general terms and conditions will be sent to you again by email.

If you request a quote outside of the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g., by email, which you can print out or save electronically.

Codes of Conduct

We have subjected ourselves to the buyer seal quality criteria of the Gewerbebund Management AG and the associated Ecommerce Europe Trustmark Code of Conduct, which can be viewed at:

• Gewerbebund Quality Criteria
• Ecommerce Europe Trustmark Code of Conduct

We have subjected ourselves to the code of honor of Trusted Shops GmbH, which can be viewed at:

• Trusted Shops Quality Criteria.

Essential Characteristics of the Goods or Services:

The essential characteristics of the goods and/or services can be found in the respective offer.

Prices and Payment