General Terms And Conditions

General Terms And Conditions of

Pollopi

Welcome to Pollopi!

Please note that only the German version of these terms and conditions is legally binding. The English translation provided below is for informational purposes and to assist in understanding the text in English.

§ 1 Scope and provider

(1) The General Terms and Conditions (hereinafter referred to as “T&C”) govern the contractual relationship between proxaly OÜ, the company behind the website www.pollopi.com and the app Pollopi (hereinafter referred to as the Provider) and you (hereinafter referred to as the User), in the version valid at the time of conclusion of the contract.

(2) Deviating terms and conditions of the User are rejected.Please read these terms carefully before using any service of proxaly OÜ.

(3) On Pollopi we offer the following service:
Private chicken farming management.

(4) By using our apps, the user agrees to these terms and conditions.

(5) The user is not entitled to transfer his rights from this contractual relationship to third parties.

§ 2 Conclusion of the contract

(1) Contracts on this portal can only be concluded in German.

(2) proxaly OÜ offers its services exclusively to consumers in the sense of the Estonian Consumer Protection Act (Tarbijakaitseseadus). The use of the services for profit or other commercial purposes is prohibited. The user must have reached the age of 18.

(3) The access to the use of the Pollopi Service requires the registration.

(4) With the registration the User accepts the present General Terms and Conditions. With the registration a contractual relationship between proxaly OÜ and the registered user arises, which is governed by the provisions of these GTC.

(5) The presentation of the service on the website does not constitute a legally effective offer. By presenting the service, the user is only requested to make an offer.

(6) By ordering a paid service, the registered user, from this point on called customer, enters into a further contractual relationship with proxaly OÜ, which is separate from the registration. The Customer will be informed about the respective chargeable service and the terms of payment before the conclusion of this contractual relationship. The contractual relationship arises when the Customer confirms the order and payment obligation by clicking the “Subscribe” button; the User is not entitled to conclude a usage contract or to use the App.

(7) You agree to receive invoices electronically. Electronic invoices will be provided to you by email. We will notify you for each service whether an electronic invoice is available. For more information about electronic invoices, please visit our website.

§ 3 Description of the scope of services

(1) The scope of services of Pollopi consists of the following services:

  • Statistics on laid eggs and laying performance
  • Deposit of the chicken stock
  • Management of expenses and sales in connection with the keeping of chickens
  • Customer support in the form of live chat

(2) proxaly OÜ reserves the right to discontinue, restrict or modify its services in whole or in part at any time without giving reasons. In this regard, proxaly OÜ will inform the User four weeks before the planned discontinuation, restriction or change.

(3) The availability of the App shall be 98% on an annual average including maintenance work, however, the availability may not be impaired for more than two calendar days in a row. Excluded from this are necessary regular maintenance work as well as those periods in which accessibility is restricted due to events for which the Provider is not responsible (e.g. force majeure, acts of third parties, technical problems or changes in the legal situation).

§ 4 Prices and Terms of Payment

(1) The prices for the services offered are stated in euros and include the statutory value added tax.

(2) The User can make payment for the chargeable services by means of the payment methods offered on the website or in the app.

(3) Payment is due immediately unless another due date has been agreed.

(4) In the event of late payment, proxaly OÜ is entitled to charge reminder fees and interest on arrears in accordance with the statutory provisions.

§ 5 Right of withdrawal

(1) As a consumer, you have the right to revoke this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day of the conclusion of the contract.

(2) In order to exercise your right of withdrawal, you must inform proxaly OÜ by means of a clear statement (e.g. a letter or e-mail sent by post) of your decision to withdraw from this contract.

(3) If you revoke this contract, proxaly OÜ shall return to you all payments it has received from you without undue delay and no later than fourteen days from the date on which proxaly OÜ received notification of your revocation of this contract.

§ 6 Liability

(1) proxaly OÜ is liable in cases of intent or gross negligence in accordance with the statutory provisions. In case of slight negligence proxaly OÜ is only liable in case of violation of essential contractual obligations and limited to the foreseeable damage. Liability for indirect damages, especially consequential damages, loss of profit and claims of third parties, is excluded, as far as there is no intent or gross negligence.

(2) The limitations of liability do not apply in case of injury to life, body and health, for claims under the Product Liability Act and in case of assumption of guarantees or fraudulent concealment of defects.

(3) As far as the liability of proxaly OÜ is excluded or limited, this also applies to the personal liability of the legal representatives, employees and vicarious agents.

(4) proxaly OÜ is not liable for the loss of data, unless the loss is due to gross negligence or intent of proxaly OÜ and the user has ensured by regular and appropriate backups that the data can be restored with reasonable effort.

§ 7 Copyrights

(1) All content published on the website and in the app, in particular texts, images, graphics, logos, videos and sound files, are protected by copyright. Any use, reproduction or distribution of this content requires the prior written consent of proxaly OÜ.

(2) The user grants proxaly OÜ the right to use and process the data entered by him, in particular chicken stock, expenses, sales and statistics, within the scope of the service. The user assures that he is entitled to grant these rights and that no rights of third parties are violated.

§ 8 Data protection

(1) proxaly OÜ collects, processes and uses personal data of users in compliance with applicable data protection laws, in particular the European Data Protection Regulation (DSGVO) and the Estonian Data Protection Act (Isikuandmete kaitse seadus).

(2) For more detailed information on data protection, please refer to proxaly OÜ’s Privacy Policy, which is available on the Website and in the App.

§ 9 Final provisions

(1) The law of the Republic of Estonia shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer protection provisions of the country in which the user has his habitual residence remain unaffected.

(2) Should individual provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a provision that comes closest to the economic purpose of the invalid provision.

(3) The Provider reserves the right to change these GTC at any time without giving reasons. The amended terms and conditions will be sent to the user by e-mail no later than four weeks before they come into force.