General Terms and Conditions of APLGO GmbH

Table of Contents

§ 1 Scope    
§ 2 Conclusion of contract    
§ 4 Delivery conditions    
§ 5 Payment conditions; prices    
§ 6 Retention of title    
§ 7 Cancellation rules    
§ 8 Liability for defects; limitation of liability    
§ 9 Applicable law; place of jurisdiction; language of the contract    
§ 10 Severability of contractual provisions    
§ 11 Information on the dispute resolution procedure    

General Terms and Conditions for End Customers (“GTC for End Customers”)

§ 1 Scope

(1) The following terms and conditions are an integral part of every contract between APLGO GmbH, Breithauptstraße 5, 64404 Bickenbach, represented by Sergey Kulikov, info@aplgo.com (hereinafter referred to as the SELLER) and the Buyer. 

(2) The SELLER offers high-quality food products, cosmetics and other goods (hereinafter referred to as the GOODS) for sale via the online store, with particular emphasis on health and beauty products. 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 which are sent to the Buyer by e-mail in the event of the conclusion of the contract.

(3) If you have reasons for a complaint, please contact us using the contact details specified in paragraph 1. We kindly ask you to send your inquiries exclusively by e-mail to info@aplgo.com.

§ 2 Conclusion of contract

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

(2) The Buyer can select any product from the assortment and place it in the shopping cart by clicking on the shopping cart symbol. The Buyer can empty the shopping cart at any time by changing the quantity of products or by completing the order process by closing the browser window. Changes can be made using the mouse or keyboard. By clicking on the "Place an order" button, the Buyer is redirected to a page where he/she can register if he/she does not have an account, or log in if he/she is already a customer. To do this, the Buyer must enter his/her username and password, as well as his/her contact details. After registration and confirmation of the delivery address, the Buyer can select the delivery method, after which he/she receives information about the payment method. By clicking on the "Continue" button, the Buyer is redirected to a page where he/she can review the order composition after confirming the General Terms and Conditions and information about the right to cancel the order. If at this stage the Buyer wishes to make further changes to his/her order, he/she can cancel it by clicking on the "Place an order" link, after which he/she will be automatically redirected back to the shopping cart. If no further changes are required to the order, the order process can be completed and a binding order can be placed by clicking on the "PLACE AN ORDER SUBJECT TO PAYMENT" button. The Buyer will be notified of the order receipt by the store immediately after completion of the order process. The SELLER stores the order and the order data entered by the Buyer in accordance with the attached privacy policy. 

(3) The Buyer will be informed of the order receipt by the store by an automatically generated e-mail (order confirmation). This order confirmation also constitutes acceptance of the purchase contract by the SELLER. Together with this e-mail, the Buyer also receives data about his/her order.

§ 3 Protection of personal data

The protection of your personal data and your privacy are very important to us. Since 25 May 2018, we strictly comply with the new requirements of Art. 14 of the European General Data Protection Regulation (GDPR). This regulation sets out the rules for the processing of personal data, which we strictly adhere to. Information about the purposes of the activity, the purposes of data storage, the recipients of the data, our data protection officer, your right to information, the right to erasure or correction of data, etc. can be found in our privacy policy.

§ 4 Delivery conditions

(1) Unless otherwise agreed, the goods are delivered by sending to the delivery address specified by the Buyer. The delivery address specified by the SELLER when placing the order is decisive for the execution of the transaction.

(2) The delivery period is 3-7 working days; the delivery period begins on the day after the SELLER receives payment. In these GTC, working days are considered to be weekdays from Monday to Saturday, excluding public holidays at the SELLER's office.

(3) If the Seller incurs additional delivery costs due to an error in the address or name of the recipient, refusal of the goods or their non-delivery, the Buyer is obliged to reimburse these costs, unless he/she proves his/her innocence in these circumstances.

§ 5 Payment conditions; prices

(1) The Buyer can pay by prepayment, direct debit collection order in the SEPA payment system, credit card and instant bank transfer.

(2) Prices are inclusive of value added tax. Delivery costs may also be added.

§ 6 Retention of title

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

§ 7 Cancellation rules

Right to cancel the contract

You have the right to cancel this contract within fourteen days without needing to provide a reason.

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

To exercise the right of cancellation, you must notify APLGO GmbH, Breithauptstraße 5, 64404 Bickenbach, e-mail address: info@aplgo.com, of your decision to cancel this contract by means of a clear statement (e.g. by letter, post or e-mail). You may use the attached waiver form for this purpose, but it is not required.

To meet the waiver deadline, simply send a notice of your intent to waive your rights before the deadline expires.

Consequences of withdrawal

If you withdraw from this contract, we will refund all payments received from you, including delivery costs (except for additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), promptly and no later than fourteen days from the date on which we received notice of your withdrawal from this contract. For this refund, we will use the same method. The payment method you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this refund. We may refuse a return until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us immediately 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 will be met if you send the goods before the fourteen days are up.

You will bear the direct costs of returning the goods.

You are liable for damage if it is caused by actions other than checking the condition, properties and functionality of the goods.

The right of withdrawal does not apply to the following contracts:

• Contracts for the supply of goods in sealed packaging that cannot be returned due to hygiene or health safety requirements if the packaging has been opened after delivery.

Sample withdrawal form

(If you wish to withdraw from the contract, please complete and return the enclosed form)

- To APLGO GmbH, Breithauptstraße 5, 64404 Bickenbach, email: info@aplgo.com. 

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

- Ordered at (*) / received at (*)

- Name of the purchaser(s)

- Address of the purchaser(s)

- Signature of the purchaser(s) (only for notification on paper)

- Date

(*) Omit if necessary

§ 8 Liability for defects; limitation of liability

(1) The purchaser may be held liable for defects under the law. Liability for product defects is provided for in accordance with the law, unless otherwise limited.

(2) The SELLER is liable only for damage caused intentionally or through gross negligence. However, the SELLER is not liable for injury to life, health or breach of essential contractual obligations, such as the delivery of goods and the transfer of title to them. This also applies to indirect (consequential) damages, including lost profits.

(3) If the SELLER accidentally breaches essential contractual terms, its liability is limited to foreseeable damages that are characteristic of the provisions of this contract. Essential contractual obligations are those that are critical to achieving the purpose of the contract. Their fulfillment ensures that the contract will be properly performed and the Buyer can rely on their compliance.
A minor breach of non-essential contractual obligations does not entail liability for damages.
The limitations of liability and exclusions do not apply if life, health or property is damaged. This also applies if the seller has intentionally concealed defects in the goods. Exceptions are situations where the seller has given a guarantee of quality or has assumed liability for defects in the goods in accordance with the Product Liability Act.

(4) If the liability of the SELLER is limited or excluded, this also applies to its employees, representatives and vicarious agents.

§ 9 Applicable law; place of jurisdiction; language of the contract

(1) All disputes arising from the conclusion, performance or termination of contracts between the SELLER and the Buyer shall be governed exclusively by the provisions of German law. Exceptions shall apply in cases where mandatory consumer protection provisions of the Buyer's country of residence take precedence. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.

(2) The place of jurisdiction and place of performance shall be the registered office of the SELLER, if the Buyer is an entrepreneur, a legal entity within the meaning of public law or a separate division within the meaning of public law.

(3) The language of the contract is German.

§ 10 Severability of contractual provisions

If individual provisions of these GTC are invalid in whole or in part, the remaining provisions shall remain in force.

§ 11 Information on the dispute resolution procedure

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

(2) The SELLER will always try to resolve any disagreements under the contract amicably. The SELLER does not participate in the proceedings of the consumer arbitration board. You can always turn to the court. Our e-mail address is: info@aplgo.com.