TÉRMINOS Y CONDICIONES DEL USUARIO

General Terms and Conditions for End Customers («End Customer GTC»)

§ 1 Scope of application

(1) The following terms and conditions are an integral part of every contract between APL GO GmbH, Breithauptstraße 5, 64404 Bickenbach represented by Alexander Bechtold, ab@aplgo.com (hereinafter referred to as: SELLER) and the customer.

(2) The SELLER offers high-quality food, cosmetic products and other consumer services, in particular from the health and lifestyle sector (hereinafter referred to as: goods) for sale via its online shop. The SELLER provides its services exclusively on the basis of these terms and conditions, which can be viewed at any time on this website and will be sent to the customer by e-mail in the event of a contract being concluded.

(3) Should you have cause for complaint, you can contact us using the details given in paragraph 1.

§ 2 Conclusion of contract

(1) The presentation of the goods, in particular on the Internet, does not constitute a binding offer by the SELLER.

(2) The customer can select from the offer as desired and place goods in the shopping cart by clicking on the shopping cart symbol. The customer can empty the shopping cart at any time by changing the number of goods or by ending the ordering process by closing the browser window. The changes can be made using the mouse and keyboard. By clicking on the button «TO CHECKOUT» the customer is forwarded to a page where he can register as a customer if he does not yet have any access data or log in as an existing customer. For this purpose, a user name and password as well as the contact data are entered. After registration and confirmation of the delivery address, the customer can select the shipping method and then receives information on the payment method. By clicking the button «CONTINUE», the customer is forwarded to a page on which, after confirming the General Terms and Conditions as well as the information on the right of cancellation, he receives an overview of the order. In case the customer wants to make changes to his order again at this point, he can cancel by clicking on the link «Check-out» and go back to the shopping cart». If no more changes are to be made to the order, the ordering process can be completed and a binding order placed by clicking on the button «ORDER FOR PAYMENT». The receipt of the order will be indicated to the customer immediately after completion of the ordering process. The SELLER stores the order and the order data entered by the customer in accordance with the attached data protection declaration. In addition, the customer’s order data will also be sent to the customer via e-mail. 

(3) The customer will be informed about the receipt of the order via e-mail. This order confirmation also represents the acceptance of the purchase contract by the SELLER.

§ 3 Data protection

The protection of your personal data and your privacy is important to us. The European General Data Protection Regulation imposes new requirements on the processing of personal data, which we have been complying with since 25 May 2018 within the meaning of Article 14 of the European General Data Protection Regulation («EU GDPR»). Information on the business purpose, purposes of data storage, data recipients, our data protection officer, your right to information, the right to deletion or correction, etc. can be found in our privacy policy.

§ 4 Terms of delivery

(1) The delivery of goods shall be made by dispatch to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the SELLER’s order processing is decisive.

(2) The delivery time is 3-7 working days; the delivery period begins on the day after receipt of payment by the SELLER.

(3) If the SELLER incurs additional shipping costs due to the provision of an incorrect delivery address or an incorrect addressee, the non-acceptance or non-collection of a delivery, these costs are to be reimbursed by the customer, unless he is not responsible for these circumstances.

§ 5 Terms of payment; prices

(1) Payment options available to the customer are payment in advance, SEPA direct debit mandate, credit card and immediate bank transfer.

(2) All prices are to be understood as total prices including the statutory value added tax, but plus any shipping costs incurred.

§ 6 Retention of title

The goods remain the property of the SELLER until full payment has been made.

§ 7 Cancellation policy

Right of cancellation

You have the right to terminate this contract within fourteen days without giving any reason.

The period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.

In order to exercise your right of cancellation, you must inform APL GO GmbH, Breithauptstraße 5, 64404 Bickenbach, e-mail address: ab@aplgo.com, by means of a clear declaration (e.g. a letter sent via post, fax or e-mail) of your decision to cancel this contract. You may use the enclosed model cancellation form for this purpose, which is, however, not mandatory.

In order to comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the end of the cancellation period.

Consequences of cancellation

If you terminate this contract, we will reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favourable standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.

You shall bear the direct costs of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.

The right of revocation does not apply to the following contracts:
– Contracts for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.

Sample cancellation form

(If you wish to terminate) the contract, please fill in and return this form.

– To APL GmbH, Breithauptstraße 5, 64404 Bickenbach, Germany, e-mail address ab@aplgo.com.

I/we (*) hereby revoke the contract concluded by me/us for the purchase of the following goods

– Ordered on (*) / received on (*)

– Name of the consumer(s)

– Address of the consumer(s)

– Signature of the consumer(s) (only in case of paper communication)

– Date(s)

(*) Delete where inapplicable

§ 8 Liability for defects; limitation of liability

(1) The customer is entitled to a statutory right of liability for defects. With regard to liability for defects, the statutory provisions shall apply, unless otherwise provided for in the following limitations of liability with regard to damages.

(2) The SELLER shall only be liable – with the exception of injury to life, body and health and the breach of essential contractual obligations (handover and transfer of ownership of the goods) – for damages which are attributable to intentional or grossly negligent conduct on the part of the SELLER. This also applies to indirect consequential damages such as in particular loss of profit. 

(3) Furthermore, the SELLER shall be liable for the slightly negligent breach of essential obligations, the breach of which jeopardises the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the customer regularly relies. In this case, however, the SELLER shall only be liable for the predictable, contract-typical damage. The SELLER shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences. The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the goods and in the event of fraudulently concealed defects. Liability under the [German] Product Liability Act remains unaffected.

(4) Insofar as the SELLER’s liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.

§10 Applicable Law; Legal Venue; Contractual Language

(1) German law shall apply exclusively to all disputes arising in connection with the initiation, execution or settlement of the contractual relationship between the SELLER and the customer, unless mandatory consumer protection provisions of the country in which the customer has his habitual residence take precedence. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.

(2) Legal venue and place of performance is the registered office of the SELLER if the customer is a merchant, a legal entity under public law or a special fund under public law.

(3) The contractual language is German.

§11 Severability clause

Should individual provisions of these GTC be invalid in whole or in part, the rest of the GTC shall remain valid.

§ 12 Information on dispute resolution

(1) The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at http://ec.europa.eu/odr.

(2) The SELLER shall always endeavour to settle any disagreements arising from the contractual relationship in an amicable manner. The SELLER does not participate in proceedings at a state-recognised consumer arbitration board. Legal recourse is open at all times.

Status of the end customer GTC: 24.07.2020