Terms & Conditions

This is a courtesy translation of our German Terms & Conditions (AGB). In the event of any discrepancy, the German version is legally binding.

§ 1 Basic provisions

(1) These terms and conditions apply to all contracts between Silke Polifka, Dahlerdyk 175, 47803 Krefeld, Germany — hereinafter referred to as the "Provider" — and the customer, concluded via the Provider's online shop, unless otherwise agreed in writing between the parties. Deviating or conflicting terms and conditions are only valid with the Provider's express consent.

(2) The Provider only offers its goods for sale insofar as the customer is a natural or legal person or a legally capable partnership acting in the exercise of their commercial or independent professional activity (Business) when concluding the transaction, and is not a consumer, or uses the goods as a consumer within their independent professional, commercial, official, or occupational activity. Conclusion of a purchase contract with consumers is excluded.

(3) The contract language is German. The contract text is not stored by the Provider and is no longer accessible to the customer after the order has been submitted. The customer may print or electronically save the contract text using the browser's print function before submitting the order. For inquiries submitted to the Provider by phone, email, fax, in writing, or via an inquiry form integrated into the website, the customer receives all contract data as part of a binding offer by email, which the customer can print or save electronically.

§ 2 Conclusion of contract

(1) The Provider's product listings on the internet do not constitute a binding offer to conclude a purchase contract, but rather an invitation to the customer to place an order (the customer's offer to purchase). The customer may submit their offer to purchase by phone, in writing, by fax, by email, or via an inquiry form integrated into the website.

(2) Acceptance of the offer (and thus conclusion of the contract) always takes place through confirmation in text form (e.g. email) confirming that the order is being processed or that the goods are being delivered, or through delivery of the goods. If the customer does not receive an order confirmation, notice of delivery, or the goods themselves within 5 days, they are no longer bound by their order. Any payments already made will be refunded promptly in such cases.

§ 3 Prices, payment terms, and shipping costs

(1) The prices stated in the respective offers are net prices. They do not include statutory value-added tax. Shipping costs are calculated separately based on actual expense.

(2) If delivery is made to a country outside the EU, the customer may be liable for additional customs duties, taxes, or fees — payable not to the Provider but to the responsible customs or tax authorities. Customers are advised to inquire about the details with the relevant customs or tax authorities before placing an order.

(3) The customer has the following payment options:

• Advance payment by bank transfer
• Payment by invoice

Payment by invoice is only available from the second order onward. The Provider otherwise reserves the right to exclude this payment method on a case-by-case basis. Invoices issued by the Provider are due for immediate payment unless a different payment deadline is stated on the invoice. Deduction of discounts is only permitted if expressly indicated on the invoice.

§ 4 Delivery terms

(1) The expected delivery time is stated in the product description and the order confirmation. Delivery dates and periods are only binding if confirmed in writing by the Provider. For advance payment by bank transfer, shipment occurs only after the full purchase price and shipping costs have been received by the Provider.

(2) If a product ordered by the customer is unexpectedly unavailable — despite timely conclusion of an adequate covering transaction — for reasons beyond the Provider's control, the customer will be informed of the unavailability without delay, and any payments already made will be refunded promptly in the event of withdrawal.

(3) Shipment is at the customer's risk. If requested by the customer, shipment will be made with appropriate transport insurance, with the resulting costs borne by the customer.

(4) Partial deliveries are permitted and may be invoiced independently by the Provider, provided the customer does not incur additional shipping costs as a result.

§ 5 Warranty

(1) The warranty period is one year from delivery of the goods. This one-year warranty period does not apply to damages attributable to the Provider arising from injury to life, body, or health, or to damages caused by gross negligence or intent, or fraudulent intent on the part of the seller, nor to recourse claims under §§ 478, 479 of the German Civil Code (BGB).

(2) Only the Provider's own statements and the manufacturer's product description are deemed agreed as the condition of the goods — not other advertising, public statements, or representations made by the manufacturer.

(3) The customer is obliged to inspect the goods immediately and with due care for quality and quantity deviations, and to notify the Provider in writing of obvious defects within 7 days of receiving the goods; timely dispatch is sufficient to meet this deadline. This also applies to hidden defects discovered later, from the time of discovery. Failure to comply with this inspection and notification obligation excludes any warranty claims.

(4) In the event of defects, the Provider will, at its discretion, remedy the defect or provide a replacement delivery. If the remedy fails twice, the customer may choose to demand a price reduction or withdraw from the contract. In the case of remedy, the Provider is not required to bear the increased costs arising from moving the goods to a location other than the place of performance, unless such relocation corresponds to the intended use of the goods.

§ 6 Right of retention, retention of title

(1) The customer may only exercise a right of retention if it concerns claims arising from the same contractual relationship.

(2) The Provider retains ownership of the goods until full settlement of all claims arising from the ongoing business relationship. Pledging or assignment as security is not permitted prior to transfer of ownership of goods subject to retention of title.

(3) The customer may resell the goods in the ordinary course of business. In this case, the customer hereby assigns to the Provider, in advance, all claims in the amount of the invoice total arising from the resale, and the Provider accepts this assignment. The customer remains authorized to collect the claim. However, should the customer fail to meet their payment obligations properly, the Provider reserves the right to collect the claim itself.

(4) In the event of combination or mixing of goods subject to retention of title, the Provider acquires co-ownership of the new item in proportion to the invoice value of the goods subject to retention of title relative to the other processed items at the time of processing.

(5) The Provider undertakes to release, at the customer's request, any securities to which it is entitled to the extent that the realizable value of the Provider's securities exceeds the claim to be secured by more than 10%. The choice of which securities to release is at the Provider's discretion.

§ 7 Liability

(1) The Provider is liable without limitation for damages resulting from injury to life, body, or health, in all cases of intent and gross negligence, in the event of fraudulent concealment of a defect, in the event of assumption of a guarantee for the condition of the purchased item, for damages under the Product Liability Act, and in all other cases prescribed by law.

(2) Where material contractual obligations are affected, the Provider's liability for slight negligence is limited to the foreseeable damage typical for this type of contract. Material contractual obligations are essential obligations arising from the nature of the contract, whose breach would jeopardize achievement of the purpose of the contract, as well as obligations whose fulfillment enables proper performance of the contract in the first place and on whose observance the customer may regularly rely.

(3) In the event of a breach of non-material contractual obligations, liability for slightly negligent breaches of duty is excluded.

(4) Data communication over the internet cannot be guaranteed to be error-free and/or available at all times according to the current state of the art. The Provider is therefore not liable for the constant or uninterrupted availability of the website and the services offered thereon.