Standard Terms and Conditions
POOLish Handels GmbH, Friedenstraße 10, 81671 München. Managing Director: C. Sharegh, and P. Hannewald, German commercial register at Munich Local Court (Amtsgericht) HRB 116189 Amtsgericht München HRB 116189
1. Scope
These Terms and Conditions apply to all items for sale and sold by POOLish Handels GmbH (“verypoolish.com”) in verypoolish.com’s Online Store (“Online Store”).
2. Offers, Conclusion of Contracts
Offers of items for sale in the Online Store represent an invitation to a customer to place an order only. An order from a customer represents an offer to conclude a contract of sale. Once an order is placed, the customer will receive electronic confirmation of his order and this will give rise to a contract of sale.
If a product ordered is not available, POOLish Handels GmbH may withdraw from the contract. In such a case POOLish Handels GmbH will inform the customer immediately and if applicable reimburse any monies paid without delay.
During the Online Store order process, the customer can view and correct all data entered in a confirmation window after the order button has been selected.
Customers may conclude contracts of sale in German or English.
3. Prices
The prices quoted on the website include statutory VAT. Orders placed from within the EU are not eligible for VAT exemption.
Payment is due in full immediately.
4. Transport costs
Shipping and handling costs are not included in the prices quoted on the Online Store. When placing an order in the Online Store, the customer is provided with a tool to determine whether shipping and handling costs apply to the order as well as the exact amount.
5. Terms of payment
Payment may be made by credit card or by cash in advance/ bank transfer. We reserve the right to exclude particular methods of payment.
In the case of credit card payments, the credit card will be charged when the order is placed.
In the case of payment by cash in advance, POOLish Handels GmbH will cancel orders in which payment is not received within 14 days of the order date.
6. Right to return
You may return merchandise that you have received without indicating any reasons within 30 days by sending the merchandise back. The time limit starts running one day after the day on which you have received the merchandise and instructions about the right to return enclosed separately in writing. Only in cases of merchandise that can not be shipped (e.g. in cases of bulky merchandise) you may exercise your right to return through a written request (e.g. by letter, telefax or e-mail). Returns will be accepted for consideration only when we receive them in the given time limit which means that you must ship it out on time. Return shipments will be at our cost and risk. You need to address the return shipment or the request to verypoolish.com
POOLish Handels GmbH, Friedenstraße 10, 81671 München. Managing Director: C. Sharegh and P. Hannewald. Phone +49.89.6389 9037, contact[at]verypoolish.com.
Consequences of return
In case of a valid return, the mutually received benefits are to be returned and eventually drawn profits (e.g. profits drawn from the use of the merchandise) are to be returned. In case that the merchandise has deteriorated, a compensation regarding the value may be claimed. This does not apply in case where the deterioration of the merchandise exclusively results from its inspection as it would have been possible for you in a shop. You also can avoid the obligation to compensate the value by not using the merchandise as if you owned it and by refraining from acts that might affect its value.
-End of right to return information-
You will find all documents helpful in connection with the return of the merchandise - together with the delivery note - in your shipment.
Returns can only be shipped from the country to which the goods were delivered; e.g. returns on goods delivered to Austria can only be initiated in Austria.
All costs will be charged to your card or bank account. In case of a return, the card or bank will be credited. Please note however that any loses incurred due to changes in the exchange rate will not be credited.
If you have questions concerning your right to return the merchandise, please contact our Customer Care Team:
E-Mail: contact[at]verypoolish.com
Phone: +49.89.6389 9037
Fax: +49.89.6389 9038
7. Liability for defects
POOLish Handels GmbH liability for defects is as provided by law.
8. Delivery times
Deliveries within Germany will be made within 24-48 hours, and within 3-4 business days in all other regions. If these delivery times change substantially after an order is placed, POOLish Handels GmbH will inform the customer by e-mail. In such a case the customer will be entitled to cancel the contract without incurring any costs.
9. Reservation of title
All goods supplied by verypoolish.com will remain verypoolish.com’s property until full payment has been made and all claims arising out of the contractual relationship settled.
10. Overall liability
verypoolish.com is liable without limit for losses resulting from deliberate action or inaction or gross negligence and for injury to life, limb or health. Regardless of the legal basis of the claim put forward, verypoolish.com is only liable for losses which result from a culpable breach of a substantial contractual obligation. Liability in this case is limited to losses typical for the type of contract concerned which it was possible for verypoolish.com to foresee when the contract was concluded. verypoolish.com would point out that the customer is himself responsible for securing his own data.
11. Data protection
The customer data collected in connection with the contract will be used by verypoolish.com in accordance with the provisions of the German Federal Data Protection Act and the German Remote Services Data Protection Act.
The exchange of customer data over the Internet is encrypted. This is accomplished by using the Secure Socket Layer (SSL) protocol.
verypoolish.com will use customers' e-mail addresses only to supply information relating to orders and for customer relationship maintenance purposes. The customer is entitled to object to the latter. verypoolish.com will not share any personal customer data with third parties other than with service partners who require the data in order to process orders. verypoolish.com will save the customer's order data and provide this information to the customer by e-mail. The customer may inspect order data in the customer section of the Online Store. To enable the customer to place orders in the Online Store, a so-called "cookie" will be created when particular Web pages are visited. These are small files. The customer may use his browser program to control the acceptance of cookies from the Web page and, if appropriate, block this. Such cookies serve exclusively to enable the use of specific applications, e.g. the Online Store shopping basket system; no personal data whatsoever is stored.
The customer can subscribe to the verypoolish.com newsletter on the website, this subscription can be cancelled at any time.
In the event of questions regarding the collection, processing or use of your personal data and for information, the amendment, blocking or deletion of data and the revocation of consents granted, customers should contact verypoolish.com Customer Service, Friedenstraße 10, 81671 München, Germany. E-mail: contact[at]verypoolish.com.
12. Concluding terms
Should any of these Standard Terms and Conditions be invalid, the remainder of the contract will remain valid. The relevant statutory provisions will apply in place of any invalid term.
German law applies exclusively, with the provisions of UN law on the international sale of goods being excluded.
These Standard Terms and Conditions apply from 15 September 2009.
Translation only. The only legally valid version of this document is the German one.
SHIPPING COSTS OVERVIEW
You can download our Terms ans Conditions as PDF.