Terms of service
General Terms and Conditions with Customer Information
Table of Contents
1. Scope
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Conditions
6. Retention of Title
7. Warranty
8. Liability
9. Redemption of Promotional Vouchers
10. Redemption of Gift Vouchers
11. Applicable Law
12 Jurisdiction
13. Alternative Dispute Resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of Apollo Dion GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless explicitly agreed otherwise.
1.2 For contracts regarding the delivery of vouchers, these GTC apply accordingly, unless otherwise stipulated.
1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed professional in nature.
1.4 An entrepreneur within the meaning of these GTC is a natural or legal person, or a legal partnership with legal capacity, who acts in the exercise of their commercial or self-employed professional activity when concluding a legal transaction.
2) Conclusion of Contract
2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers by the Seller, but serve as an invitation for the Customer to submit a binding offer.
2.2 The Customer can submit an offer using the online order form integrated into the Seller’s online shop. By placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding offer concerning the goods contained in the shopping cart by clicking the button that completes the order process.
2.3 The Seller may accept the Customer’s offer within five days:
by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), where the receipt of the order confirmation by the Customer is decisive; by delivering the ordered goods to the Customer, where the receipt of the goods by the Customer is decisive; or by requesting payment from the Customer after the order has been placed. If multiple of the above alternatives apply, the contract is concluded at the moment one of the alternatives occurs first. The acceptance period begins the day after the Customer submits the offer and ends at the end of the fifth day following submission. If the Seller does not accept the Customer’s offer within this period, this is considered a rejection of the offer, meaning the Customer is no longer bound by their declaration of intent.
2.4 If the Customer selects a payment method offered by PayPal, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal") under the applicable PayPal User Agreement, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full, or – if the Customer does not have a PayPal account – under the conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. By paying via a PayPal payment method selectable in the online order process, the Seller already accepts the Customer’s offer at the moment the Customer clicks the button that completes the ordering process.
2.5 When submitting an offer via the Seller’s online order form, the contract text is stored by the Seller after conclusion of the contract and sent to the Customer in text form (e.g., email, fax, or letter) after the order is submitted. No further access to the contract text is provided by the Seller. If the Customer has created a user account in the online shop before submitting the order, the order data are archived on the Seller’s website and can be accessed by the Customer via their password-protected user account using the corresponding login data free of charge.
2.6 Before submitting a binding order via the online order form, the Customer can identify potential input errors by carefully reading the information displayed on the screen. A useful technical aid for better detecting input errors can be the browser’s zoom function, which enlarges the display on the screen. The Customer can correct their entries using the usual keyboard and mouse functions during the electronic ordering process until they click the button that completes the order process.
2.7 Only the German language is available for concluding the contract.
2.8 Order processing and contact are generally conducted via email and automated order processing. The Customer must ensure that the email address provided for order processing is correct, so that emails sent by the Seller can be received. In particular, when using spam filters, the Customer must ensure that all emails sent by the Seller or third parties commissioned by the Seller for order processing can be delivered.
3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further details regarding the right of withdrawal can be found in the Seller’s cancellation policy.
4) Prices and Payment Terms
4.1 Unless otherwise stated in the Seller’s product description, the prices indicated are total prices, including statutory value-added tax. Any additional shipping and delivery costs will be indicated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases, which the Seller is not responsible for and which must be borne by the Customer. These may include, for example, costs for money transfers via financial institutions (e.g., transfer fees, exchange rate fees) or import-related duties or taxes (e.g., customs duties). Such costs may also arise with respect to money transfers even if the delivery is not to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.
4.3 The available payment method(s) will be communicated to the Customer in the Seller’s online shop.
4.4 If advance payment by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.5 If the payment method “invoice purchase” is selected, the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 14 (fourteen) days of receipt of the invoice without deduction, unless otherwise agreed. The Seller reserves the right to offer invoice purchase only up to a certain order volume and to refuse this payment method if the stated order volume is exceeded. In such cases, the Seller will inform the Customer of the applicable payment restriction in the online shop.
4.6 If the payment method “credit card” is selected, the invoice amount is due immediately upon conclusion of the contract. Credit card payments are processed in cooperation with secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag), to which the Seller assigns its payment claim. Secupay AG collects the invoice amount from the Customer’s specified credit card account. In the case of assignment, payment can only be made to secupay AG with discharging effect. The credit card is charged immediately after the Customer places the order in the online shop. The Seller remains responsible for general customer inquiries (e.g., regarding goods, delivery time, shipping, returns, complaints, withdrawal statements and submissions, or credit notes) even if the credit card payment method is handled through secupay AG.
5) Delivery and Shipping Conditions
5.1 If the Seller offers shipment of the goods, delivery will be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. For processing the transaction, the delivery address specified in the Seller’s order process is decisive. If the payment method PayPal is chosen, the delivery address registered by the Customer at the time of payment via PayPal is decisive.
5.2 If delivery of the goods fails for reasons attributable to the Customer, the Customer bears the reasonable costs incurred by the Seller as a result. This does not apply to shipping costs if the Customer effectively exercises their right of withdrawal. For return shipping costs in case of effective withdrawal, the rules specified in the Seller’s cancellation policy apply.
5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the delivered goods passes to the Customer once the Seller has delivered the goods to the carrier, freight forwarder, or other person or entity designated to execute the shipment. If the Customer is a consumer, the risk of accidental loss and deterioration generally only passes upon delivery of the goods to the Customer or an authorized recipient. Deviating from this, the risk of accidental loss and deterioration of the goods also passes to the Customer for consumers as soon as the Seller has delivered the goods to the carrier, freight forwarder, or other person or entity designated to execute the shipment, if the Customer has commissioned that carrier, freight forwarder, or entity and the Seller has not previously informed the Customer of that person or entity.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if non-delivery is not the Seller’s fault and the Seller has concluded a specific coverage transaction with the supplier with due diligence. The Seller will make all reasonable efforts to procure the goods. In the case of non-availability or partial availability of the goods, the Customer will be informed immediately, and any consideration already paid will be refunded immediately.
5.5 Self-collection is not possible for logistical reasons.
5.6 Vouchers are provided to the Customer as follows: – by email
6) Retention of Title
6.1 In relation to consumers, the Seller retains ownership of the delivered goods until full payment of the purchase price owed.
6.2 In relation to entrepreneurs, the Seller retains ownership of the delivered goods until full settlement of all claims arising from an ongoing business relationship.
6.3 If the Customer acts as an entrepreneur, they are entitled to resell the reserved goods in the ordinary course of business. All resulting claims against third parties are assigned by the Customer to the Seller in advance in the amount of the respective invoice value (including VAT). This assignment applies regardless of whether the reserved goods are resold without or after processing. The Customer remains authorized to collect the claims even after assignment. The Seller’s right to collect the claims itself remains unaffected. However, the Seller will not collect the claims as long as the Customer meets their payment obligations to the Seller, is not in default of payment, and no insolvency proceedings have been filed.
7) Liability for Defects (Warranty)
Unless otherwise provided in the following regulations, the provisions of statutory liability for defects shall apply. Deviating from this, for contracts involving the delivery of goods:
7.1 If the customer is acting as an entrepreneur:
The seller has the choice of the type of subsequent performance; For new goods, the limitation period for defects is one year from delivery of the goods;
For used goods, rights and claims for defects are excluded; The limitation period does not start anew if a replacement delivery is made under the liability for defects.
7.2 The above liability limitations and reductions of the limitation period do not apply:
To claims for damages or reimbursement of expenses of the customer, If the seller has fraudulently concealed the defect, For goods that were used in accordance with their normal use for a building and caused its defectiveness, To any existing obligation of the seller to provide updates for digital products in contracts for the delivery of goods with digital elements.
7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any possible statutory recourse claims remain unaffected.
7.4 If the customer is a merchant within the meaning of § 1 HGB, the commercial obligation to examine and give notice of defects pursuant to § 377 HGB applies. If the customer fails to fulfill these reporting obligations, the goods are deemed approved.
7.5 If the customer is a consumer, they are requested to report obvious transport damages to the carrier and inform the seller. Failure to do so has no effect on their statutory or contractual warranty claims.
8) Liability
The seller is liable to the customer for all contractual, quasi-contractual, statutory, and tortious claims for damages and reimbursement of expenses as follows:
8.1 The seller is fully liable regardless of legal grounds:
In cases of intent or gross negligence, For intentional or negligent injury to life, body, or health, Due to a guarantee promise, unless otherwise regulated, Due to mandatory liability, e.g., under the Product Liability Act.
8.2 If the seller negligently breaches a material contractual obligation, liability is limited to the typical, foreseeable damage, unless unlimited liability applies under the above provisions. Material contractual obligations are those obligations that the contract imposes on the seller to achieve the contract’s purpose, whose fulfillment enables proper execution of the contract, and on which the customer regularly relies.
8.3 In all other respects, the seller’s liability is excluded.
8.4 The above liability regulations also apply to the seller’s liability for its agents and legal representatives.
9) Redemption of Promotional Vouchers
9.1 Vouchers issued free of charge by the seller as part of promotional campaigns with a specified validity period, which cannot be purchased by the customer (hereinafter "promotional vouchers"), can only be redeemed in the seller’s online shop and only within the specified period.
9.2 Promotional vouchers may only be redeemed by consumers.
9.3 Individual products may be excluded from the voucher promotion if indicated by the content of the promotional voucher.
9.4 Promotional vouchers may only be redeemed before completing the ordering process. Retroactive redemption is not possible.
9.5 Only one promotional voucher can be redeemed per order.
9.6 The value of the goods must at least match the amount of the promotional voucher. Any remaining balance will not be refunded.
9.7 If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the seller may be used to pay the difference.
9.8 The balance of a promotional voucher will neither be paid out in cash nor accrue interest.
9.9 The promotional voucher will not be refunded if the customer returns goods paid for entirely or partially with the promotional voucher under their statutory right of withdrawal.
9.10 The promotional voucher is transferable. The seller may discharge its obligation by providing performance to the holder redeeming the voucher in the online shop. This does not apply if the seller knows or is grossly negligent in not knowing that the holder is unauthorized, incapacitated, or not entitled to act.
10) Redemption of Gift Vouchers
10.1 Vouchers purchased through the seller’s online shop (hereinafter "gift vouchers") may only be redeemed in the seller’s online shop unless the voucher provides otherwise.
10.2 Gift vouchers and remaining balances are redeemable until the end of the third year after the year of purchase. Remaining balances will be credited to the customer until the expiry date.
10.3 Gift vouchers may only be redeemed before completing the order process. Retroactive redemption is not possible.
10.4 Only one gift voucher may be redeemed per order.
10.5 Gift vouchers may only be used for purchasing goods, not for purchasing additional gift vouchers.
10.6 If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the seller may be used to pay the difference.
10.7 The balance of a gift voucher will neither be paid out in cash nor accrue interest.
10.8 The gift voucher is transferable. The seller may discharge its obligation by providing performance to the holder redeeming the gift voucher in the online shop. This does not apply if the seller knows or is grossly negligent in not knowing that the holder is unauthorized, incapacitated, or not entitled to act.
11) Applicable
Law All legal relationships between the parties are governed by the law of the Federal Republic of Germany, excluding the laws on international sale of goods. For consumers, this choice of law applies only to the extent that it does not deprive them of protections granted by mandatory provisions of the law of the country in which the consumer has their habitual residence.
12) Jurisdiction
If the customer is a merchant, a public-law legal entity, or a public-law special fund with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller’s place of business. If the customer has its registered office outside the territory of the Federal Republic of Germany, the seller’s place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from it are attributable to the customer’s professional or commercial activity. In the aforementioned cases, the seller is, however, in any case entitled to bring action before the court at the customer’s place of business.
13) Alternative Dispute Resolution
13.1 The EU Commission provides a platform for online dispute resolution at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the extrajudicial settlement of disputes arising from online sales or service contracts involving a consumer.
13.2 The seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
Alternative dispute resolution pursuant to Art. 14(1) ODR Regulation and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.