§ 1 Scope
(1) These General Sales Conditions (hereinafter: GTC) apply to all concluded contracts between us, Poddie.fr, represented by Mr. Tim Petzold, Szumin 7, 62-080 Tarnowo Podgórne, Poland, and you as our customer. The GTC apply only if you are an entrepreneur or trader. Conclusion of a contract with consumers is not possible.
(2) All agreements between you and us related to the purchase contract are based on these sales conditions, our written order confirmation, and our acceptance statement.
(3) The version of the GTC valid at the time of contract conclusion is decisive.
(4) We do not accept deviating conditions of the customer. This also applies if we do not expressly object to their inclusion.
§ 2 Conclusion of Contract
(1) If you are interested in entering into a contract with us, you can contact us directly by email, and our customer advisors will provide you with a concrete offer. Conditions for delivery and performance are based on our offer and are valid for 30 days from the offer date. You can then accept this offer by email.
(2) Ordering is also possible directly through our online shop. By clicking the "order with obligation to pay" button when submitting an order via the online shop, you place a legally binding order.
(3) A contract is only concluded when we accept your order through an acceptance statement.
(4) Our acceptance statement "Order Confirmation" specifies the final content of the order and the exact product configuration. The order will be processed based on the order confirmation. The customer is obligated to check the order confirmation for completeness and accuracy. All individual changes to the order must be listed in the order confirmation to be valid.
(5) If delivery or handover of the ordered goods is not possible, we refrain from an acceptance statement. In this case, no contract is concluded. We will inform you immediately and refund any payments received promptly. You are not entitled to compensation in this case.
(6) We reserve the right to make design changes as long as they concern customary and/or insignificant changes, especially improvements to the product. However, there is no obligation on our part to make changes to products already delivered.
(7) Our products are made to order. Cancellation of an order is possible no later than 2 weeks before the delivery date. Cancellation costs will be determined based on the current production status of the order and invoiced to the buyer. However, cancellation costs will not exceed 50% of the order value.
(8) Penalties of any kind for non-compliance with the contract due to missed deadlines are not accepted. We do not accept deviating conditions of the customer. This also applies if we do not expressly object to their inclusion.
§ 3 Prices and Shipping Costs
(1) All price indications in our offer are net prices excluding the statutory value-added tax. Unless expressly agreed otherwise, our prices do not include assembly, packaging, and transport costs, which will be invoiced separately.
(2) Transport costs are specified in our price indications or are separately stated in the offer documents.
(3) Upon the customer's special request, we will insure the delivered products at the customer's expense against transport risks.
(4) If, after the conclusion of a contract with an agreed delivery time of more than four months, there are cost increases or decreases, we reserve the right to adjust the prices accordingly. If wages or material costs change until delivery, we are entitled to adjust the price in line with cost increases or decreases.
(5) Payment is only possible by bank transfer (in case of payment after delivery). Paypal, credit card, or immediate transfer are available for the onlineshop checkout. We do not accept other payment methods unless expressly agreed. For larger orders, advance invoices are possible.
§ 4 Payment Terms and Offset
(1) The purchase price and any shipping costs must be paid in full no later than 5 days after receipt of our invoice by bank transfer, unless otherwise agreed or stated in the invoice.
(2) In the case of prepayment, the invoice will be issued 10 days before the goods are collected from the factory. The payment deadline is 5 days. If the payment has not been received in our account on the day of collection, the goods will not be shipped. The agreed delivery dates or deadlines are thus void. Delivery will only be rescheduled upon receipt of payment, leading to possible delays.
(3) You are not entitled to set off against our claims unless your counterclaims are legally established or undisputed. You are also not entitled to offset against our claims if you assert defects or counterclaims from the same sales contract.
§ 5 Delivery and Assembly
(1) Delivery dates or deadlines are considered non-binding unless expressly agreed otherwise in writing. The delivery times are specified in the order confirmation.
(2) An agreed delivery period begins, unless otherwise agreed in writing, with the dispatch of the order confirmation. However, it is a prerequisite that all commercial and technical questions have been clarified with the customer, and the customer has fulfilled all obligations, such as providing necessary documents, approvals, releases, and agreed payments; otherwise, the delivery time is extended reasonably, unless we are responsible for the delay.
(3) Delivery deadlines are considered met:
a) In the case of owed assembly with acceptance readiness of the service – in the case of obligation to deliver with handover,
b) In other cases, when the delivery item has left the factory or readiness for dispatch has been communicated (delivery ex works).
c) Delivery or performance delays due to force majeure and events that significantly impede or make delivery/performance of our services temporarily or permanently impossible (especially strikes, lockouts, official orders, even if they occur at our suppliers/their subcontractors) – we are not responsible for them even if binding deadlines/terms have been agreed. We are entitled to postpone delivery/performance by the duration of the hindrance plus a reasonable start-up time and to withdraw from the contract for the unfulfilled part. We will inform the customer of the beginning and end of such hindrances as soon as possible.
(4) The delivery for self-assembly by end customers is made by a freight carrier with a truck equipped with a lift. The delivery is made free to the curb and includes a disassembled telephone box delivered on a wooden pallet. This type of self-assembly delivery is only available for the Poddie Phone product. All other products are delivered and assembled by the manufacturer on-site and cannot be self-assembled by the customer.
(5) Optionally, we also offer an assembly service by our technicians, where they deliver the telephone or meeting box to the location specified by the customer and assemble it. The box is transported to the assembly location and professionally assembled by our technicians. However, it is the customer's responsibility to prepare the assembly site to ensure sufficient space for the assembly.
§ 6 Retention of Title
The delivered goods remain our property until the purchase price has been paid in full. You are obliged to treat the goods with care during the existence of the retention of title.
§ 7 Warranty
(1) We are liable for defects in sold items in accordance with the applicable statutory provisions. The limitation period for statutory defect claims is two years and begins with the delivery of the goods.
(2) Any seller guarantees given by us for certain items or manufacturer guarantees granted by the manufacturers of certain items supplement claims for defects or legal defects within the meaning of paragraph 1. Details of the scope of such guarantees can be found in the warranty conditions that may accompany the items. Manufacturer guarantees/performance promises remain unaffected, but we are not obligated beyond the warranty period.
(3) The individual components of the telephone box are individually packaged in boxes. The customer must check for external damages upon receipt of the goods and must note them on the delivery note. It is also necessary to take photos of damaged parts, as the transport insurance is not liable without them. The customer is responsible for the disposal of the packaging. Only the Poddie Phone telephone box is delivered as a kit; all other products are delivered already assembled by the manufacturer and do not require customer assembly.
(4) In the event of defects, the manufacturer will provide spare parts or carry out rectifications. The customer agrees to assist with minor rectifications, such as installing a replacement part with a screwdriver.
(5) In general, it is physically necessary to finely adjust and readjust movable components, such as a glass door, after a certain period. Such a service is usually not guaranteed by the manufacturer, as local conditions on-site (user handling, repositioning of the telephone box, floor stability, etc.) cannot be controlled. However, the manufacturer is obligated to provide support through adequate assistance in the form of telephone support, instructions, or videos.
(6) Complaints are generally assessed based on the principle of proportionality if they can be remedied by the customer themselves. § 439 paragraph 3 BGB: "The seller may refuse the type of supplementary performance chosen by the buyer if it is only possible with disproportionate costs."
§ 8 Liability
(1) We are liable to you in all cases of contractual and non-contractual liability for intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.
(2) In all other cases, we are liable – unless regulated differently in paragraph 3 – only for a breach of a contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance you as the customer may regularly rely (so-called cardinal obligation), limited to the replacement of foreseeable and typical damage. In all other cases, our liability is excluded, subject to the regulation in paragraph 3.
(3) Our liability for damages resulting from the violation of life, body, or health and under the Product Liability Act remains unaffected by the above liability limitations and exclusions.
(4) No liability is accepted for damages caused by the customer during assembly, such as internal transport or handling. A damaged telephone box cannot be returned. The shipment of replacement parts is subject to charges.
§ 9 Copyrights
We reserve ownership and copyright rights to offer documents as well as all illustrations, drawings, calculations, and other documents. Documents designated as "confidential" may only be passed on to third parties with express written consent.
§ 10 Right of Withdrawal and Return Policy
(1) Since the customers are exclusively companies or merchants, the right of withdrawal is excluded.
(2) A right of return in the case of leasing, hire purchase, or rental is generally excluded.
(3) We offer a 30-day return policy for our Poddie Phone telephone box. We refer to our separate statement regarding the return policy at: https://www.poddie.com/30-day-return-policy
(3) When paying through the online shop, transaction fees by payment providers (such as Klarna or credit card payment) are not refundable.
§ 11 Data Protection
(1) The customer expressly agrees to the electronic processing of their personal data within the scope of the following regulations. Customer data is treated as absolutely confidential. The customer's data provided is used exclusively for the needs-based creation of personal offers and consultations, as well as for the purposes of our market research and contract fulfillment. Data is not passed on to third parties.
(2) The separate data protection provisions on our website apply, accessible via the following link: https://www.poddie.com/privacy-policy
§ 12 Final Provisions
(1) The law of the Federal Republic of Germany applies. The contract language is German.
(2) The place of jurisdiction is Germany.
(3) Oral promises, collateral agreements, as well as assurances by employees, require written form for legal effectiveness; this also applies to additions, amendments, or collateral agreements.
(4) If individual provisions of the respective purchase contract are invalid or void or become invalid or void, this does not affect the effectiveness of the purchase contract as a whole. The invalid or void provision is to be replaced by an interpretation that comes closest to the purpose of the contract or the will of the parties.
(5) The German version of the Terms and Conditions is the primary valid version.
