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Terms of service
General Terms and Conditions
1. Scope and Provider
These Terms of Service (“Terms”) apply to all contracts concluded between you and Polly Boy for the purchase of goods via our online store.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession (§ 13 German Civil Code – BGB).
Any deviating or conflicting terms shall not apply unless expressly agreed by us in writing.
2. Contract Formation
The presentation of products in our online store does not constitute a legally binding offer but an invitation to place an order.
By clicking the button “Buy now”, you submit a binding offer to purchase the selected products.
A contract is concluded when we accept your order by sending an order confirmation email or by dispatching the goods.
3. Prices and Payment
All prices shown are final prices and include statutory VAT.
Shipping costs, if applicable, are displayed separately during the checkout process.
Payment methods available to you are shown during checkout.
4. Delivery and Shipping
Delivery is made to the address specified by you during the ordering process.
Delivery times are estimates unless expressly agreed otherwise.
For consumers, the risk of accidental loss or deterioration of the goods passes to you only upon delivery of the goods to you or a person authorized by you to receive them (§ 475 BGB).
5. Right of Withdrawal
Consumers generally have a statutory right of withdrawal.
Details regarding the right of withdrawal, including withdrawal periods, conditions, and consequences, can be found in our Withdrawal Policy.
6. Warranty
Statutory warranty rights under German law apply without limitation.
Minor deviations in color, shape, or material that are technically unavoidable or customary in trade do not constitute a defect, provided they are reasonable.
7. Liability
We are liable without limitation for damages caused by intent or gross negligence, as well as for damages resulting from injury to life, body, or health.
In cases of slight negligence, we are liable only for the breach of essential contractual obligations (cardinal obligations). In such cases, liability is limited to foreseeable damages typical for the contract.
Liability under the German Product Liability Act remains unaffected.
8. Retention of Title
The goods remain our property until full payment has been received.
9. Intellectual Property
All content available in the online store, including texts, images, logos, and graphics, is protected by copyright and other intellectual property laws.
Any use beyond statutory permissions requires our prior written consent.
10. Shopify and Third-Party Providers
Our online store is technically operated via Shopify. Purchase contracts are concluded exclusively between you and Das Coeur. Shopify is not a contracting party and bears no responsibility for the concluded contracts.
Affiliate Links and Advertising
Our website may contain affiliate links to third-party products or services. If you click on an affiliate link and make a purchase, we may receive a commission from the respective provider. This does not affect the price you pay.
Affiliate links are provided for informational and convenience purposes only. We do not assume responsibility for the content, accuracy, availability, or legal compliance of third-party websites. Any contractual relationship established through affiliate links exists solely between you and the respective third-party provider.
Affiliate relationships do not influence our product selection or presentation unless expressly stated.
11. Data Protection
Information on the processing of personal data can be found in our Privacy Policy.
12. Governing Law and Jurisdiction
These Terms are governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
For consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory consumer protection provisions of the country in which they have their habitual residence.
If the customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes shall be Munich, Germany.
13. Severability
If any provision of these Terms is or becomes invalid or unenforceable, the remaining provisions shall remain unaffected.
14. Provider Information
Das Coeur
Polly Bäumler
Clementine-von-Braunmühl-Weg 17
81541 Munich
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