Part I - GTC for contracts with consumers/end customers (B2C):
1. General Scope
For all present and future business conditions, which are made at Apaloo, via telephone, mail or fax, via the homepage www.kintex.de, or other Internet platforms, our General Terms and Conditions apply exclusively. General terms and conditions of the customer, which are contrary to those of Apaloo, deviate from them or supplement them, are not recognized. Their inclusion is contradicted. The contractual relationship is governed exclusively by German law.
Consumers in the sense of the law are natural persons with whom we enter into business relations without this being attributable to a commercial or independent professional activity.
You can order as a guest or registered customer at Apaloo. Multiple registration under different names or addresses is not permitted. With the successful completion of the registration process, the customer is admitted to the system by Apaloo.
The admission can be revoked by Apaloo at any time and without giving reasons. Apaloo is in this case entitled to block the username and the corresponding password immediately.
The articles offered on the Internet by Apaloo do not constitute a binding offer to conclude a purchase contract and in case of typographical, printing or calculation errors on the web pages, as well as in case of non-delivery of the articles Apaloo is entitled to a counteroffer or rescission.
4. Order/ Conclusion of contract on the Internet
The presentation of the products in the OnlineShop does not constitute a legally binding offer, but a non-binding online catalog. By clicking the button "Send order" you place a binding order for the goods contained in the shopping cart. The confirmation of receipt of the order follows immediately after sending the order and does not yet constitute acceptance of the contract. We can accept your order by sending an order confirmation by e-mail or by delivering the goods within five days.
You have the option to conclude the purchase contract in German, Spanish or English language.
Apaloo is entitled to partial delivery. Delivery is made at the shipping costs shown in each individual case.
Apaloo does not knowingly ship products to minors. All products are sold only in household quantities, unless it is a collective order of or for individuals. Obvious transport damage should be confirmed by the customer immediately upon delivery by the deliverer.
6. Cancellation policy
Consumers have a right of withdrawal for two weeks.
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods. To exercise your right of withdrawal, you must inform us (Apaloo GmbH, Riedweg 10, 78607 Talheim, Germany - Tel.:+49 7464 980 282 - Fax:+49 7420 521 619 - E-Mail: info(at)kintex.de) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use our model withdrawal form, which is not mandatory. You can find the sample cancellation form under the following link: https://kintex.de/mail/widerrufsformular_kintex_210x297_en.pdf Sende uns das ausgefüllte Widerrufsformular per Email, Telefax oder per Brief zu. If you make use of this option, we will immediately send you (e.g. by e-mail) a confirmation of receipt of such revocation. To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.
Consequences of revocation
If you cancel 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 cheapest 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 cancellation 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 undue 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 must pay for any loss in value of the goods only if this loss in value is due to a handling of the goods that is not necessary for the examination of the condition, properties and functioning of the goods.
End of the cancellation policy
7. Cost sharing agreement
If you make use of your right of revocation, you shall bear the regular costs of the return shipment if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed an amount of 40 euros or if, in the case of a higher price of the goods, you have not yet provided the consideration or a contractually agreed partial payment at the time of the revocation. Otherwise, the return is free of charge for you.
8. Retention of title
The goods remain the property of Apaloo until full payment.
If the customer is in default of payment for more than 14 days, Apaloo has the right to withdraw from the purchase contract or to reclaim the goods.
9. Prices / Terms of payment
The prices at the time of the order apply. All prices are given in the currency Euro. The statutory VAT is included, any shipping costs are added. In case of VAT increases Apaloo reserves the right to charge the additional amount. Apaloo accepts only the payment methods displayed to the customer during the ordering process in each case.
The purchase price and any applicable order fees and / or shipping costs are due with the conclusion of the contract.
If the customer is in default of payment, Apaloo is entitled to charge default interest of 5% above the respective prime rate. The right of Apaloo to claim higher damages remains unaffected.
The customer is entitled to offset only if and to the extent that his counterclaims are legally established, undisputed or recognized by Apaloo.
Apaloo takes the protection of your personal data very seriously and strictly adheres to the rules of data protection laws. Personal data is collected on this website only to the extent technically necessary or if you have given your express consent, e.g. for the creation of a partner account. Under no circumstances will the collected data be sold or passed on to third parties for other reasons. The following statement gives you an overview of how we ensure this protection and what kind of data is collected for what purpose. You can find more on the subject of data protection here.
All goods from our shop/auctions/immediate purchases are subject to statutory warranty rights. The warranty period is two years and begins with the handover of the goods.
We are only responsible for intent and gross negligence. Insofar as an attributable breach of duty is based on simple negligence and an essential contractual obligation (obligations whose fulfillment is a prerequisite for the proper execution of the contract, whose breach jeopardizes the achievement of the purpose of the contract and on whose fulfillment you as the customer regularly rely) is culpably breached, our liability for damages shall be limited to the foreseeable damage that typically occurs in comparable cases. In the event of death, injury to health or bodily injury, we shall be liable in accordance with the statutory provisions.
Liability according to the provisions of the Product Liability Act remains unaffected. In all other respects, liability is excluded.
13. Final provisions
This contract shall be governed exclusively by the substantive law of the Federal Republic of Germany with the exception of the UN Convention on the International Sale of Goods.
If the customer is a merchant, Rottweil shall be the exclusive place of jurisdiction for all claims in connection with the business relationship.
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 http://ec.europa.eu/consumers/odr/. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
Part II - General Terms and Conditions of Business with Non-Consumers/Business Customers (B2B):
1. General, Scope of Application, Written Form Requirement
1.1. These General Terms and Conditions govern the contractual relationship between us, Apaloo GmbH, Reidweg 10, 78607 Talheim (hereinafter also referred to as "Apaloo" or "We") and our customers and shall apply to all future deliveries in their respective current version. Diese AGB gelten nicht gegenüber Verbrauchern nach § 13 BGB. With respect to consumers, our „GTC for contracts with consumers". Any deviating agreements made for the individual case shall only apply to the respective contract and not also to future agreements between us. The contractual relationship existing between us shall be governed exclusively by these GTC. Therefore, we cannot recognize any regulations that contradict these GTC. With your contractual declaration, you acknowledge the exclusivity of these GTC. Anything else shall only apply if this has been expressly agreed in writing. We will inform you immediately about changes to our GTC.
1.2 All amendments, supplements, ancillary agreements, in particular also information and undertakings by employees involved in the contractual relationship as well as third parties engaged by us with regard to these GTC and/or the separately concluded contracts must be in writing (letter, fax e-mail). The written form requirement also applies to the amendment or cancellation of this written form requirement..
1.3 Legally relevant declarations and notifications that are to be made by you to us after conclusion of the contract (e.g. setting of deadlines, notifications of defects, declaration of withdrawal or reduction) must be made in writing (letter, fax, e-mail) in order to be effective..
2. Conclusion of contract
2.1 All offers presented on our website and in print media are non-binding. This also applies to catalogs, technical documentation or other product descriptions or documents sent to you - including in electronic form.
2.2 Upon your request, we will send you our product price list or provide you with a written offer (by letter, fax, e-mail), from which the details, in particular the subject of performance, purchase price and delivery period.
2.3. on the basis of the product price list, you can place a binding order in writing or verbally, which we can accept within 10 working days either by written declaration or by sending the goods..
2.4. we provide you with a written offer, you can accept it in writing or orally within 10 days.
3 Delivery, transfer of risk, acceptance, default of acceptance.
3.1 The place of performance and fulfillment is our warehouse. Delivery shall be made ex warehouse. At your request and expense, the goods will be shipped to a destination named by you (mail order purchase). Unless otherwise agreed, we are entitled to determine the type of shipment (in particular transport company, shipping route, packaging) ourselves.
3.2 The risk of accidental loss and accidental deterioration of the goods shall pass to you at the latest upon handover. However, in the case of sale by delivery to a place other than the place of performance, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay shall pass to you upon delivery of the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. The handover or acceptance is the same if you are in default of acceptance. If you are in default of acceptance, if you fail to cooperate or if our delivery is delayed for other reasons for which you are responsible, we shall be entitled to demand compensation for the resulting damage including additional expenses (e.g. storage costs). For this purpose, we shall charge a lump-sum compensation in the amount of 1% of the order value, but not more than € 25 per calendar day, beginning with the delivery deadline or - in the absence of a delivery deadline - with the notification that the goods are ready for shipment. The proof of a higher damage and our legal rights (in particular compensation of additional expenses, reasonable compensation, withdrawal) shall remain unaffected; however, the lump sum shall be credited against further monetary claims. You are entitled to prove that we have not incurred any damage at all or that the damage is significantly less than the above lump sum.
4. Delivery period and delay in delivery
4.1 If no individual delivery period has been agreed, the delivery period shall be 10 weeks from the conclusion of the contract.
4.2 If we are unable to meet binding delivery deadlines for reasons for which we are not responsible (e.g. non-availability of performance by our raw materials supplier, operational disruptions, strikes, transport delays by persons commissioned to dispatch the goods, shortage of energy and raw materials, delays in official approvals), we will inform you of this without delay and at the same time notify you of the expected new delivery deadline. If the goods are also not available within the new delivery period and/or we ourselves are not supplied, although we have placed congruent orders with reliable raw material suppliers, we may withdraw from the contract in whole or in part. In the event of our withdrawal, we are obliged to inform you immediately about the non-availability of the service and will reimburse any consideration already paid without delay.
4.3 The occurrence of our delay in delivery shall be determined in accordance with the statutory provisions. The regulation according to section 3.2 (transfer of the risk of delay) remains unaffected. In any case, however, a reminder by you is required. If we are in default of delivery, you may demand lump-sum compensation for the damage caused by the delay. The lump-sum compensation shall amount to 0.5% of the net price (delivery value) for each full calendar week of the delay, but in total not more than 5% of the delivery value of the goods delivered late. We reserve the right to prove that you have incurred no damage at all or only significantly less damage than the above lump sum.
4.4 Your rights under Section 8 of these GTC and our statutory rights, in particular in the event of an exclusion of the obligation to perform (e.g. due to impossibility or unreasonableness of performance and / or subsequent performance) remain unaffected.
5. prices and terms of payment
5.1 Our prices are exclusive of statutory VAT and any applicable transport and/or shipping costs, which are usually shown in our offer.
5.2 We cannot assume any customs duties, fees, taxes and other public charges. Transport and all other packaging in accordance with the Packaging Ordinance we do not take back, they become your property.
5.3 Unless otherwise expressly agreed, the purchase price is payable in advance within 14 days after conclusion of the contract. If no advance payment / deposit is agreed, the purchase price is due and payable on the payment date specified in the invoice or, in the absence of an express payment deadline, within 14 days from receipt of invoice and shipment or acceptance of the goods. Upon expiry of the aforementioned payment deadline, you will be in default. During the period of default, interest shall be charged on the purchase price at the statutory default interest rate applicable at the time. We reserve the right to assert further damage caused by default. With respect to merchants, our claim to the commercial due date interest rate (§ 353 HGB) remains unaffected.
5.4 You shall only be entitled to rights of set-off or retention insofar as your claim has been legally established or is undisputed. In the event of defects in the delivery, your counter rights, in particular pursuant to Section 8 of these GTC, shall remain unaffected.
5.5 If, after conclusion of the contract, it becomes apparent that our claim to the purchase price is jeopardized by a lack of ability to pay (e.g. by an application for the opening of insolvency proceedings), we shall be entitled to refuse performance in accordance with the statutory provisions and - if necessary after setting a deadline - to withdraw from the contract. Bei Verträgen über die Herstellung unvertretbarer Sachen (Einzelanfertigungen), können wir den Rücktritt sofort erklären; die gesetzlichen Regelungen über die Entbehrlichkeit der Fristsetzung bleiben unberührt.
6. retention of title
Until full payment of all our current and future claims arising from the purchase contract and an ongoing business relationship (secured claims), we retain title to the goods sold. The goods subject to retention of title may neither be pledged to third parties nor assigned as security before full payment of the secured claims. You must notify us immediately in writing if and to the extent that third parties have access to the goods belonging to us.
7. obligations of the buyer
7.1 Your cooperation is required so that we can carry out our orders as agreed and calculate them correctly. We ask you to provide us with all relevant information for the performance of our service(s), e.g. your company logo or sales brand for the individualization of the goods, in a timely manner. The agreed delivery can only take place once we have been provided with all the information necessary for the proper execution of the order. We ask for your understanding that we cannot accept any responsibility for delays that occur because you have not fulfilled your obligations to cooperate.
7.2 Please guarantee that the company logos or other trademarks sent by you for the individualization of the goods are free from third party rights. You shall indemnify us on first demand against all claims of third parties which they assert against us due to the infringement of their rights. The indemnification shall also include the costs of our necessary legal defense, including court and attorney's fees, also to a reasonable extent beyond the RVG.
8. claims for defects / withdrawal from the contract
8.1 For your rights in case of material defects and defects of title, the statutory provisions shall apply, unless otherwise provided in the following. In all cases, the special statutory provisions remain unaffected in the case of final delivery of the goods to a consumer (e.g. supplier recourse according to §§ 478, 479 BGB).
8.2 The basis of our liability for defects is primarily the agreement reached on the quality of the goods. As an agreement on the quality of the goods are the product descriptions designated as such, which were given to you before your order or included in the contract in the same way as these GTC. Insofar as the quality was not agreed, it is to be judged according to the legal regulation whether a defect exists or not.
8.3 Insofar as we have handed over a sample of goods to you prior to the conclusion of the contract and a contract is concluded on the basis of the sample of goods, you are excluded from all notices of defect which are not based on a deviation of the quality of the delivered goods from the quality of the sample of goods. This shall not apply to defects in the sample of goods which you could not have detected even if you had exercised due diligence as is customary in commercial transactions.
8.4 If you order an individualization of the goods, e.g. the printing of the goods with a company logo or other brand (branding), we use your transmitted data without any change for individualization. Should the appearance of the individualization (e.g. colors or font sizes) deviate from your idea, these deviations, if we have not processed/changed the data transmitted by you, are not considered a defect.
8.5 Your claims presuppose that you have fulfilled your statutory obligations to inspect the goods and give notice of defects within the meaning of the German Commercial Code (HGB). If a defect is discovered during the inspection or later, we must be notified of this in writing without delay. The notification shall be deemed to be made without delay if it is made within three working days of becoming aware of the defect, whereby timely dispatch of the notification shall suffice to meet the deadline. Irrespective of this obligation to inspect and give notice of defects, you shall notify us in writing of any obvious defects (including incorrect and short deliveries) without undue delay from the time of delivery, whereby timely dispatch of the notice shall also suffice to meet the deadline. If you miss the proper inspection and / or notice of defects, our liability for the non-disclosed defect is excluded.
8.6 If the delivered item is defective, we may initially demand, at our discretion, rectification of the defect (subsequent improvement) or delivery of a defect-free item (replacement delivery) as subsequent performance. We shall be entitled to make the subsequent performance owed dependent on you paying the purchase price due. However, you are entitled to retain a reasonable part of the purchase price in relation to the defect.
8.7 You shall give us the time and opportunity necessary for the subsequent performance owed, in particular to hand over the goods complained about for inspection purposes. In the event of a replacement delivery, you shall return the defective item in accordance with the statutory provisions. We shall bear the expenses necessary for the purpose of inspection and subsequent performance, in particular transport, travel, labor and material costs, if a defect is actually present. However, if a request to remedy a defect turns out to be unjustified, we may demand reimbursement from you of the costs incurred. In urgent cases, e.g. if operational safety is endangered or to prevent disproportionate damage, you have the right to remedy the defect yourself and to demand reimbursement from us of the expenses objectively necessary for this purpose. We must be notified immediately of any such self-remedy, if possible in advance. The right of self-execution does not exist if we would be entitled to refuse a corresponding subsequent performance in accordance with the statutory provisions.
8.8 If the supplementary performance has failed or a reasonable period to be set for the supplementary performance has expired unsuccessfully or is dispensable according to the statutory provisions, you may withdraw from the purchase contract or reduce the purchase price. In the case of an insignificant defect, however, there is no right of withdrawal. Claims for damages or reimbursement of futile expenses exist only in accordance with paragraph 9 and are otherwise excluded.
9. other liability
9.1 Unless otherwise provided in these GTC including the following provisions, we shall be liable for any breach of contractual and non-contractual obligations in accordance with the relevant statutory provisions.
9.2 We shall be liable for damages - irrespective of the legal grounds - in the event of intent and gross negligence. In the case of simple negligence, we shall only be liable a) for damages arising from injury to life, limb or health, b) for damages arising from the breach of a material contractual obligation (obligation, the fulfillment of which makes the proper performance of the contract possible in the first place and on the observance of which the contractual partner regularly relies and may rely); in this case, however, our liability shall be limited to compensation for the foreseeable, typically occurring damage.
9.3 The limitations of liability resulting from para. 2 shall not apply insofar as we have fraudulently concealed a defect or have assumed a guarantee for the quality of the goods. The same applies to claims under the Product Liability Act.
10.1. Abweichend von den gesetzlichen Bestimmungen beträgt die allgemeine Verjährungsfrist für Ansprüche aus Sach‐ und Rechtsmängeln ein Jahr ab Zugang der Ware bei Ihnen. Das vorstehende gilt nicht für die gesetzlichen Sonderfälle in § 438 Abs. 1 Nr.1 und 2 BGB und auch nicht wenn wir den anspruchsbegründenden Mangel arglistig verschwiegen haben.
10.2. Die vorstehenden Verjährungsfristen des Kaufrechts gelten auch für vertragliche und außervertragliche Schadensersatzansprüche, die auf einem Mangel der Ware beruhen, es sei denn die Anwendung der regelmäßigen gesetzlichen würde im Einzelfall zu einer kürzeren Verjährung führen. Die Verjährungsfristen des Produkthaftungsgesetzes bleiben in jedem Fall unberührt. Ansonsten gelten für Schadensersatzansprüche des Käufers gem. Ziffer 9 ausschließlich die gesetzlichen Verjährungsfristen.
11. Rechtswahl und Gerichtsstand
Für diese AGB und alle Rechtsbeziehungen zwischen uns und Ihnen gilt das unvereinheitlichte Recht der Bundesrepublik Deutschland, insbesondere unter Ausschluss internationalen Einheitsrechts, z.B. des UN‐Kaufrechts. Voraussetzungen und Wirkungen des Eigentumsvorbehalts gem. Ziffer 6 unterliegen dem Recht am jeweiligen Lagerort der Sache, soweit danach die getroffene Rechtswahl zugunsten des deutschen Rechts unzulässig oder unwirksam ist. Sind Sie Kaufmann i.S.d. Handelsgesetzbuchs, juristische Person des öffentlichen Rechts oder ein öffentlich‐rechtliches Sondervermögen oder haben Sie in der Bundesrepublik Deutschland keinen allgemeinen Gerichtsstand, ist ausschließlicher – auch internationaler – Gerichtsstand für alle sich aus dem Vertragsverhältnis unmittelbar oder mittelbar ergebenden Streitigkeiten unser Geschäftssitz in Talheim. However, we are also entitled to bring an action at your general place of jurisdiction.