Terms of service
Polingo GmbH – Online Shop at www.polingo.io
Effective date: 3 October 2026
Section 1 Scope of Application and Contracting Party
(1) These General Terms and Conditions (GTC) apply to all orders placed through the online shop at www.polingo.io. The contracting party is Polingo GmbH, Mergenthalerallee 73–75, 65760 Eschborn, Germany, represented by its Managing Director, Nicole Spielmann, registered in the Commercial Register of the Local Court of Frankfurt am Main under HRB 144392 (hereinafter “Polingo” or “we”).
(2) A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor attributable to their self-employed professional activity (Section 13 of the German Civil Code (BGB)). An entrepreneur is a natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, acts in the exercise of their commercial or self-employed professional activity (Section 14 BGB).
(3) Any deviating, conflicting or supplementary terms and conditions of the customer shall not become part of the contract unless we expressly agree to their applicability in writing.
(4) Use of the Polingo app and the associated digital services is additionally governed by the app’s Terms of Use and Privacy Policy, which are made available during setup in the app. In the event of any conflict between these GTC and the app’s Terms of Use, these GTC shall prevail with respect to the purchase agreement.
Section 2 Formation of the Contract
(1) The presentation of products in the online shop does not constitute a legally binding offer, but rather an invitation to place an order.
(2) The customer may add products to the shopping cart and enter their details during checkout. Before placing the order, the customer may review and amend their entries using the correction functions of the browser and shop. By clicking the appropriately labelled order button, the customer makes a binding offer to enter into a purchase agreement.
(3) We accept this offer by sending an express order confirmation by email. The purchase agreement is concluded upon receipt of this order confirmation.
(4) We store the contract text and make it available to the customer, together with these GTC and the withdrawal instructions, on a durable medium, in particular by email. Where a customer account has been set up, previous orders can be viewed there.
(5) The contract language is German. Any English version of these GTC is for information purposes only; the German version shall prevail.
Section 3 Pre-orders and Delivery Date
(1) Products identified as “pre-order” in the online shop are not yet immediately available for delivery at the time of ordering. The expected delivery date is stated on the product page and during checkout and is repeated in the order confirmation.
(2) The stated delivery date is an estimate based on the current production and logistics plan. If delivery is delayed, we will notify the customer by email without undue delay of the reason and the new expected delivery date. The customer’s statutory rights in the event of late delivery remain unaffected.
(3) If we are ultimately unable to deliver a pre-ordered product, we will notify the customer without undue delay and refund the full purchase price within 14 days.
(4) A consumer may withdraw from a pre-order at any time prior to delivery and without giving reasons; the purchase price will be refunded in full. Details are set out in the withdrawal instructions (Annex 1).
Section 4 Prices and Payment
(1) All prices stated in the online shop are in euros and include the applicable statutory value-added tax. Any shipping costs are shown separately (Section 5).
(2) The purchase price is due in full upon conclusion of the contract, including for pre-orders. No deposit or instalment payment is provided for.
(3) The payment methods available in each case are displayed during checkout. Where payment services provided by third parties are used, their additional terms and conditions may apply.
(4) The customer is entitled to set off claims only where their counterclaims have been finally and non-appealably established, are undisputed or acknowledged by us, or arise from the same contractual relationship. The customer may exercise a right of retention only insofar as their counterclaim arises from the same contractual relationship.
Section 5 Delivery and Shipping Costs
(1) We deliver to the countries selectable as delivery countries during checkout; currently, this is Germany. Delivery addresses in other countries cannot be accepted as long as the respective country is not offered as a delivery country during checkout. Delivery is made to the delivery address provided by the customer via a shipping service provider commissioned by us.
(2) The shipping costs applicable in each case, as well as any order value required to qualify for free delivery, are displayed to the customer in the online shop or during checkout before the order is placed.
(3) For consumers, the risk of accidental loss of or accidental damage to the goods passes upon handover to the consumer or a person authorised by the consumer to receive the goods. For entrepreneurs, the risk passes upon handover of the goods to the shipping service provider.
(4) Should we offer delivery to countries outside the European Union in the future, additional taxes, customs duties or fees may arise on import. Where such deliveries are offered, this will be indicated during the ordering process.
(5) If the goods are visibly damaged upon delivery, we ask the customer, where possible, to document the damage with the shipping service provider and inform us. This does not affect the customer’s statutory rights, in particular their rights in the event of defects.
Section 6 Retention of Title
(1) The goods remain our property until the purchase price has been paid in full.
(2) With respect to entrepreneurs, we retain title to the goods until all claims arising from the ongoing business relationship have been settled in full.
Section 7 Right of Withdrawal
(1) Consumers are entitled to the statutory right of withdrawal. Details are set out in the withdrawal instructions in Annex 1. A model withdrawal form is included in Annex 2.
(2) The right of withdrawal under this Annex applies to the purchase of goods through the online shop. The subscription concluded in the app is governed by the contractual and withdrawal terms provided upon conclusion of the subscription, as well as, additionally, by the terms and conditions of the relevant app store.
(3) Return notice: The product should be returned in its entirety (plush toy, Polingo Soundbox, charging cable and accessories) and, where possible, in its original packaging. The consumer is liable only for any diminished value resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the goods.
(4) The consumer bears the direct cost of returning the goods. Returns must be sent to: Polingo GmbH, Mergenthalerallee 73–75, 65760 Eschborn, Germany. We recommend insured shipping with tracking.
Section 8 Polingo App and Subscription
(1) The product’s dialogue feature (“Talk Mode”), in which the child speaks with the figure and receives answers, requires the Polingo app on a compatible mobile device, an internet connection and an active subscription. Audio content (e.g. stories) is also available without a paid subscription. The specific content and functions available are described on the product page and in the app.
(2) The purchase price of the Starter Set includes three months of a Premium subscription. The included Premium access begins upon activation in the app. Activation is possible within 90 days of delivery of the Starter Set.
(3) The Premium subscription is concluded and managed in the Polingo app through the Apple App Store or Google Play. The contracting party for the subscription is Polingo GmbH; Apple or Google processes the payment. The available plans, their scope of features and the applicable prices, including VAT, are displayed in the app before the subscription is concluded.
(4) After the included three months expire, the Premium subscription is automatically extended for an indefinite period and continues in monthly billing periods unless cancelled.
(5) Cancellation is made through the subscription management of the relevant app store.
(6) Once the included Premium access ends, or a separately concluded paid subscription is terminated, functions that require active Premium eligibility will no longer be available. Functions and content not dependent on a subscription remain usable to the extent described in each case. The subscription may be concluded again at any time.
(7) The dialogue feature is activated by a parent or legal guardian, or by an adult authorised to carry out the setup. The privacy information made available in the app applies to the processing of personal data.
Section 9 Updates and Functionality
(1) To the extent that digital elements are provided for the product, we will provide the updates, including security updates, required under statutory provisions to maintain conformity with the contract, and will inform the customer of their availability.
(2) The period during which required updates are provided is determined by statutory provisions and, in particular, by the period that the consumer may reasonably expect on the basis of the nature and purpose of the product and its digital elements, taking into account the circumstances and the nature of the contract.
(3) If the customer does not install a provided update within a reasonable period, we shall not be liable for a defect attributable solely to the absence of that update, provided that we have informed the customer of the availability of the update and the consequences of failing to install it, and provided that the failure to install or incorrect installation is not due to defective installation instructions supplied by us.
(4) The scope of services, term and availability of functions provided solely on the basis of a separately concluded paid subscription are additionally governed by the subscription terms applicable to them.
(5) Necessary maintenance, security and update measures may result in temporary restrictions on digital functions. We will announce planned maintenance measures in advance where this is possible and reasonable under the circumstances. The customer’s statutory rights remain unaffected.
Section 10 Warranty Rights
(1) The statutory warranty rights and limitation periods apply.
(2) Polingo does not provide a separate manufacturer’s warranty or any other voluntary guarantee unless expressly stated otherwise in writing in an individual case. This does not limit the customer’s statutory rights.
(3) To assert a defect, the customer may contact hello@polingo.io, in particular by stating the order number and describing the defect. Photographs or a description of the fault may facilitate processing but are not a prerequisite for asserting statutory rights.
(4) Damage arising only after the transfer of risk as a result of improper handling, moisture, dropping, the use of unsuitable chargers, or opening or modifying the Soundbox contrary to its intended purpose does not in itself constitute a defect. Likewise, an ordinary reduction in battery capacity due to use and age, or normal wear and tear, does not constitute a defect unless the statutory requirements for a defect are met in the individual case.
Section 11 Liability
(1) We are liable without limitation for damages resulting from injury to life, body or health caused by an intentional or negligent breach of duty, as well as for other damages caused by an intentional or grossly negligent breach of duty. Liability under the German Product Liability Act and liability arising from an expressly assumed guarantee remain unaffected.
(2) In the event of a slightly negligent breach of material contractual obligations, the fulfilment of which is essential for the proper performance of the contract and on whose fulfilment the customer may regularly rely, our liability is limited to damage that is foreseeable and typical for the contract.
(3) In all other respects, liability for slightly negligent breaches of duty is excluded to the extent permitted by law.
(4) The above limitations of liability also apply for the benefit of our legal representatives and vicarious agents.
(5) The figure’s answers in Talk Mode are automatically generated by an AI system. They are checked by safety filters but are not monitored by humans in real time. Despite these safeguards, AI-generated content may in individual cases be inaccurate or inappropriate. The figure’s answers are playful conversational contributions for children and, in particular, do not constitute medical, legal, therapeutic, educational or other professional advice, information or recommendations, nor are they intended to replace any such advice, information or recommendations. Parents and legal guardians are advised to supervise use appropriately in accordance with the child’s age and stage of development. Statutory claims relating to defects and damages, as well as liability under paragraphs 1 to 4, remain unaffected.
Section 12 Special Provisions for Entrepreneurs
(1) The following provisions additionally apply to customers who act as entrepreneurs within the meaning of Section 14 BGB when concluding the contract.
(2) Entrepreneurs do not have a statutory consumer right of withdrawal.
(3) The limitation period for claims based on defects by entrepreneurs is one year from delivery of the goods, to the extent permitted by law.
(4) If the customer is a merchant, the statutory duties of examination and notification of defects under Section 377 of the German Commercial Code (HGB) apply.
(5) The place of performance and exclusive place of jurisdiction for all disputes with entrepreneurs is Frankfurt am Main, insofar as such an agreement on jurisdiction is permitted by law.
Section 13 Final Provisions
(1) The law of the Federal Republic of Germany applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). With respect to consumers, this choice of law applies only insofar as it does not deprive the consumer of protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence.
(2) We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
(3) Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected. The statutory provisions shall replace the invalid provision.
(4) Contact: Polingo GmbH, Mergenthalerallee 73–75, 65760 Eschborn, Germany, email: hello@polingo.io.
Annex 1: Withdrawal Instructions for Consumers
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period will expire fourteen days from the day on which you, or a third party named by you who is not the carrier, acquire(s) physical possession of the goods.
To exercise your right of withdrawal, you must inform us (Polingo GmbH, Mergenthalerallee 73–75, 65760 Eschborn, Germany, email: hello@polingo.io) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or an email). You may use the model withdrawal form attached as Annex 2, but you are not obliged to do so.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of Withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including delivery costs (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event no later than fourteen days from the day on which we receive notification of your withdrawal from this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless we have expressly agreed otherwise with you; in no event will you incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You must send back or hand over the goods to Polingo GmbH, Mergenthalerallee 73–75, 65760 Eschborn, Germany, without undue delay and in any event no later than fourteen days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you send back the goods before the period of fourteen days has expired.
You will bear the direct cost 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.
Notice for Pre-orders
If you have pre-ordered a product that has not yet been delivered, you may withdraw from the contract at any time before delivery and thereafter within fourteen days of receipt of the goods. If you withdraw before delivery, we will refund the full purchase price without undue delay and no later than fourteen days after receipt of your withdrawal declaration.
Annex 2: Model Withdrawal Form
(If you wish to withdraw from the contract, please complete this form and return it.)
To: Polingo GmbH, Mergenthalerallee 73–75, 65760 Eschborn, Germany, email: hello@polingo.io
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the purchase of the following goods (*) / the provision of the following service (*): ________________________
Ordered on (*) / received on (*): ________________________
Order number: ________________________
Name of consumer(s): ________________________
Address of consumer(s): ________________________
Signature of consumer(s) (only if this form is notified on paper): ________________________
Date: ________________________
(*) Delete as appropriate.