§ 1 Scope of Application and Cooperation Models
- PTO PolyTec Oberschwaben GmbH (hereinafter referred to as “PTO”) offers goods to private customers at a fixed total price, plus any applicable shipping costs. This total price consists of:
a) a legally binding purchase price, and
b) a voluntary, purpose-specific additional contribution to benefit a designated group (hereinafter “Group”). - Such Groups may include, for example, schools, kindergartens, sports clubs, or other non-commercial associations. This voluntary contribution is not part of the purchase contract (§ 433 German Civil Code, BGB) and does not establish a civil obligation.
- PTO has entered into cooperation agreements with such Groups. The voluntary contribution will be either forwarded by PTO or retained by an appointed coordinator of the Group for the specified purpose.
- This contribution does not constitute a donation under § 10b of the German Income Tax Act (EStG), and thus no donation receipt can be issued.
§ 2 Conclusion of the Contract
- The contract between the customer and PTO is concluded by the customer placing an order (offer) and PTO accepting it (§§ 145 ff. BGB). The order becomes binding after the specified order period ends.
- During the order period, the customer may withdraw their offer at any time without providing reasons.
- PTO may accept the order either explicitly or implicitly, e.g. by handing over or shipping the goods. If PTO does not reject the order within 7 days after the end of the order period, the offer is deemed accepted.
§ 3 Role of Coordinators and Messengers
- Individuals interacting with customers on behalf of the Group (such as coordinators) are not authorized representatives under § 164 BGB, but rather act as messengers in accordance with § 120 BGB.
- Customers may and must make any legally relevant declarations (e.g. payment, receipt of goods) to these messengers as part of the transaction.
§ 4 Ordering, Order Period, and Payment
- Orders can only be placed through the designated coordinator of the respective Group.
- The coordinator informs the customer about the duration of the order period and arranges for the delivery of goods afterward.
- Payment of the purchase price is to be made upon receipt of goods to the coordinator. Until full payment has been made, the coordinator is entitled to withhold delivery (§ 273 BGB).
§ 5 Retention of Title
- The goods remain the property of PTO until full payment of the purchase price has been received (§ 449 BGB).
- If the customer breaches the contract—especially in the event of default of payment—PTO is entitled, after granting a reasonable grace period, to withdraw from the contract and demand return of the goods. This includes cases of third-party seizure.
- The customer shall bear the costs of return and, if applicable, disposal or resale.
- The customer is obliged to handle the goods with care and must immediately notify PTO of any third-party access (e.g. seizures). If the third party fails to reimburse the legal or extrajudicial costs, the customer shall be liable for these.
§ 6 Consequences of Contract Termination
If a contract is rescinded or terminated—regardless of the legal reason—the associated Group forfeits the voluntary contribution, or it must be refunded. The customer acknowledges this upon entering into the contract.
§ 7 Data Protection
- PTO processes personal data in accordance with the General Data Protection Regulation (GDPR, Art. 13 and 14).
- Detailed information on data processing and customer rights is provided in our data protection policy, available at:
👉 https://polytec-oberschwaben.de/en/data-protection/ - Upon request, the policy can be sent by post to customers without internet access.
Cancellation Policy (Right of Withdrawal)
Right of Withdrawal
Pursuant to § 355 BGB, consumers have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period is 14 days from the day you, or a third party named by you who is not the carrier, took possession of the goods.
To exercise your right of withdrawal, you must notify us via an unambiguous declaration (e.g. by letter or email):
PTO PolyTec Oberschwaben GmbH
Mackstraße 110
88348 Bad Saulgau, Germany
📧 Email: info@polytec-oberschwaben.de
You may use the withdrawal form template provided, but this is not mandatory. The deadline is met if your notice is sent before the withdrawal period expires.
Consequences of Withdrawal
If you withdraw from this contract, we will reimburse all payments received from you, including delivery costs (except additional costs arising from choosing a delivery method other than the standard one offered by us), without undue delay and no later than 14 days from the day we receive your withdrawal notice.
We will use the same payment method that you used for the original transaction, unless otherwise agreed. You will not incur any fees for the reimbursement.
We may withhold reimbursement until we have received the returned goods or you have provided proof of return, whichever is earlier.
You must return the goods no later than 14 days after informing us of your decision to withdraw. The return must be sent to the contact person through whom the order was placed or directly to PTO. The deadline is met if the goods are sent before the 14-day period expires.
You are responsible for the direct costs of returning the goods. You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods (§ 357 (7) BGB).