Terms of service
General Terms and Conditions of Business
1. scope of application
The following terms and conditions apply to all orders placed via our online shop by consumers and entrepreneurs.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary General Terms and Conditions of Business, their validity is hereby objected to; they only become part of the contract if we have expressly agreed to them.
2. contracting party, conclusion of contract
The purchase contract is concluded with polyactivepro s.r.o..
By placing the products in the online shop we make a binding offer to conclude a contract for these articles. You can place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking the order button. Immediately after sending the order you will receive another confirmation by e-mail.
3rd contract language, contract text storage
The language available for the conclusion of the contract is German.
We save the contract text and send you the order data and our terms and conditions in text form. You can view the contract text in our customer login.
4. terms of delivery
In addition to the indicated product prices there may be shipping costs. You will find more detailed information about possible shipping costs in the offers.
We only deliver by mail. Unfortunately, it is not possible to pick up the goods yourself.
In our shop, the following payment methods are generally available:
When you place an order, you provide your credit card details and the credit card company will carry out an authorisation check. After your legitimation as a legitimate cardholder, the payment transaction will be carried out automatically and your card will be charged.
During the order process you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or first register, authenticate with your access data and confirm the payment order to us. After placing the order in the shop, we will ask PayPal to initiate the payment transaction. The payment transaction will be carried out automatically by PayPal immediately afterwards. You will receive further instructions during the ordering process.
6. right of withdrawal
Consumers are entitled to the legal right of revocation as described in the revocation instruction. Entrepreneurs are not granted a voluntary right of revocation.
7. retention of title
The goods remain our property until full payment has been received.
For entrepreneurs, the following applies additionally: We reserve the right of ownership of the goods until all claims from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorised to collect the claims, however, we may also collect claims ourselves if you do not meet your payment obligations.
8. warranty and guarantees
Unless expressly agreed otherwise below, the statutory liability for defects applies.
The following applies to the purchase of used goods by consumers: if the defect occurs after one year from delivery of the goods, claims for defects are excluded. Defects that occur within one year from delivery of the goods can be claimed within the legal limitation period of two years from delivery of the goods.
For entrepreneurs, 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.
In relation to entrepreneurs, only our own information and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall assume no liability for public statements by the manufacturer or other advertising statements.
If the delivered item is defective, we shall initially provide a warranty to entrepreneurs at our discretion either by eliminating the defect (rectification of defects) or by delivering a defect-free item (replacement delivery).
The above limitations and shortening of deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents
- in the event of injury to life, body or health
- in the event of intentional or grossly negligent breach of duty or fraudulent
intent - in the event of breach of material contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
- within the framework of a guarantee promise, if agreed
- insofar as the scope of application of the Product Liability Act is opened up.
Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.
Customer service: contact via e-mail
For claims based on damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation
- in the event of injury to life, body or health
- in the event of intentional or grossly negligent breach of
duty - in the event of guarantee promises, if agreed, or
- if the scope of application of the Product Liability Act is opened up.
In the event of a breach of material contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.
10. dispute settlement
The European Commission provides an Online Dispute Resolution (OS) platform, which you can find here We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.