Terms and conditions
General Terms and Conditions POHA Shop
Terms of contract within the framework of purchase contracts concluded via the platform https://pohahouse.com/shop/
POHA House Holding GmbH, Karmeliterstraße 10, 52064 Aachen, Germany, telephone number +49 241 51967487, e-mail contact address firstname.lastname@example.org, registered in the commercial register of the local court of Aachen HRB 22643, represented by the Managing Director Yianni Tsitouras, VAT Identification No.: DE 815.815.354
– hereinafter referred to as the “Provider” –
and the customer designated in § 2 of the contract
– hereinafter referred to as “Customer” -.
§ 1 Scope, definitions, language
(1) For the business relationship between the webshop provider (hereinafter “Provider”) and the customer (hereinafter “Customer”), the following general terms and conditions shall apply exclusively in the version valid at the time of the order. Deviating general terms and conditions of the customer are not recognized, unless the provider expressly agrees to their validity in writing.
(2) The product range in our online store is aimed equally at consumers and entrepreneurs, but only at end users. The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be attributed predominantly to his commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or self-employed professional activity.
(3) Contracts with the customer shall be concluded exclusively in German or English, depending on whether the customer places the order via the German-language or English-language page of our online store. If the customer places the order via our German-language website, the German version of these General Terms and Conditions shall accordingly be exclusively authoritative. If the order is placed via our English-language website, only the English version of these general terms and conditions shall apply.
§ 2 Conclusion of Contract
(1) The customer can select products, in particular items of clothing, from the provider’s range and collect them in a so-called shopping cart by clicking on the button “add to cart”. By clicking on the button “order with obligation to pay” he makes a binding request to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these contractual terms and conditions by clicking on the “Accept GTC” button and has thereby included them in his application.
(2) The provider shall then send the customer an automatic confirmation of receipt by e-mail, in which the customer’s order is listed again and which the customer can print out using the “Print” function. The automatic confirmation of receipt merely documents that the customer’s order has been received by the provider and does not constitute acceptance of the application. The contract is not concluded until the provider issues a declaration of acceptance, which is sent in a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but no later than upon delivery of the goods, the contract text (consisting of the order, GTC and order confirmation) will be sent to the customer by us on a durable medium (e-mail or paper printout) (contract confirmation). The contract text will be stored in compliance with data protection.
§ 3 Delivery, availability of goods
(1) Delivery times stated by us shall be calculated from the time of our order confirmation, subject to prior payment of the purchase price. If no or no deviating delivery time is specified for the respective goods in our online store, it shall be 4 to 10 days.
(2) If no copies of the product selected by the customer are available at the time of the customer’s order, the supplier shall inform the customer of this immediately in the order confirmation. If the product is permanently not available, the provider shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded.
(3) If the product designated by the customer in the order is only temporarily unavailable, the provider shall also inform the customer of this without delay in the order confirmation.
(4) The following delivery restrictions apply: The provider shall only deliver to customers who have their habitual residence (billing address) in the European Union and can provide a delivery address in the same country of habitual residence. Delivery to the United Kingdom (UK) and Switzerland is expressly not offered.
§ 4 Retention of title
Until full payment, the delivered goods remain the property of the provider.
§ 5 Prices and shipping costs
(1) All prices stated on the website of the provider are inclusive of the applicable statutory sales tax.
(2) The corresponding shipping costs are indicated to the customer in the order form and are to be borne by the customer, unless the customer makes use of his right of withdrawal. From a goods order value of 30 EUR, the provider delivers to the customer free of shipping costs.
(3) The goods are shipped by mail. The shipping risk is borne by the provider if the customer is a consumer.
(4) The customer has to bear the direct costs of the return in case of a revocation.
§ 6 Payment modalities
(1) The customer can make payment by credit card, Google Pay or Apple Pay.
(2) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined by the calendar, the customer shall already be in default by missing the deadline. In this case, he has to pay the provider default interest based on the statutory provisions.
(3) The customer’s obligation to pay interest on arrears does not preclude the provider from asserting further claims for damages caused by default.
§ 7 Warranty for material defects, guarantee
(1) The provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. Towards entrepreneurs the warranty period for goods delivered by the supplier is 12 months.
(2) An additional guarantee exists for the goods delivered by the supplier only if this was expressly given in the order confirmation for the respective article.
§ 8 Liability
(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations), as well as liability for other damages based on intentional or grossly negligent breach of duty by the provider, his legal representatives or agents. Material contractual obligations are those whose fulfillment is essential to the proper performance of the contract and on whose compliance the contractual partner regularly relies and may rely.
(2) In the event of a breach of material contractual obligations, the provider shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the customer’s claims for damages are based on injury to life, body or health.
(3) The restrictions of paragraphs 1 and 2 shall also apply in favor of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.
(4) The limitations of liability resulting from paragraphs 1 and 2 do not apply if the provider has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies if the provider and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.
§ 9 Right of withdrawal
Consumers have in principle a statutory right of withdrawal when concluding a distance selling transaction, about which the provider informs in accordance with the statutory model in its separate cancellation policy.
§ 10 Alternative Dispute Resolution
(1) The EU Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at https://ec.europa.eu/consumers/odr. The email address of the provider is: email@example.com
(2) The provider is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
§ 11 Final provisions
(1) Contracts between the provider and the customers shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and the applicability of mandatory provisions, in particular of the state in which the customer as a consumer has his habitual residence, remain unaffected.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider shall be the provider’s registered office.
(3) The contract shall remain binding in its remaining parts even if individual points are legally invalid. The invalid points shall be replaced by the statutory provisions, if any. Insofar as this would represent an unreasonable hardship for one of the contracting parties, however, the contract as a whole shall become invalid.
(4) In the event of discrepancies between the English and German version of the respective terms and conditions, the German version prevails.