General Terms and Conditions with Customer Information

Table of Contents

1. Scope of Application
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Conditions
5. Delivery and Shipping Conditions
6. Retention of Title
7. Liability for Defects (Warranty)
8. Liability
9. Redemption of Promotional Vouchers
10. Redemption of Gift Vouchers
11. Applicable Law
12. Jurisdiction
13. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Apollo Dion GmbH (hereinafter referred to as "Seller") apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter referred to as "Customer") and the Seller regarding the goods displayed by the Seller in their online shop. The inclusion of the Customer's own terms and conditions is hereby objected to unless otherwise agreed.

1.2 These GTC also apply accordingly to contracts for the delivery of vouchers, provided no differing provisions have been stipulated.

1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.

1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a legally responsible partnership that, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers from the Seller but serve to submit a binding offer by the Customer.

2.2 The Customer can submit an offer via the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding offer to enter into a contract for the goods in the shopping cart by clicking the button that completes the ordering 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), in which case the receipt of the order confirmation by the Customer is decisive, or
• by delivering the ordered goods to the Customer, in which case 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 aforementioned alternatives exist, the contract is concluded at the moment one of the alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the Customer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this is considered a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.

2.4 If the Customer selects a payment method offered by PayPal, the payment transaction is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), subject to the PayPal User Agreement, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full, or—if the Customer does not have a PayPal account—under the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer chooses a PayPal-offered payment method available during the online ordering process, the Seller declares acceptance of 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 the contract is concluded and sent to the Customer in text form (e.g., email, fax, or letter) after their order is submitted. The Seller does not make the contract text available beyond this. If the Customer has created a user account in the Seller’s online shop before submitting their order, the order data will be 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 Seller's online order form, the Customer can recognize potential input errors by carefully reading the information displayed on the screen. A technical tool for better recognizing input errors can be the browser’s zoom function, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the ordering process.

2.7 The German language is exclusively available for concluding the contract.

2.8 The order processing and contact usually take place via email and automated order processing. The Customer must ensure that the email address provided for order processing is accurate so that emails sent by the Seller can be received at this address. In particular, the Customer must ensure that, when using SPAM filters, all emails sent by the Seller or by 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 More detailed information on the right of withdrawal can be found in the Seller’s withdrawal policy.

4) Prices and Payment Conditions

4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices that include statutory VAT. Any additional delivery and shipping costs that may arise are specified separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which the Seller is not responsible for and must be borne by the Customer. These include, for example, costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or import duties and taxes (e.g., customs duties). Such costs may also arise in relation to the money transfer even if the delivery does not take place outside the European Union, but the Customer makes the payment from a country outside the European Union.

4.3 The available payment methods are communicated to the Customer in the Seller’s online shop.

4.4 If advance payment by bank transfer is agreed upon, payment is due immediately after the contract is concluded, unless the parties have agreed on a later due date.

4.5 If the payment method "purchase on account" 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 receiving the invoice without deduction unless otherwise agreed. The Seller reserves the right to offer the payment method "purchase on account" only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the Seller will inform the Customer of the corresponding payment restriction in the payment information of the online shop.

4.6 If the payment method "credit card" is selected, the invoice amount is due immediately upon contract conclusion.

5) Delivery and Shipping Conditions

5.1 The delivery of goods is carried out by shipping to the delivery address specified by the customer, unless otherwise agreed. The delivery address specified in the seller's order processing is decisive for the transaction.

5.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment. This does not apply if the customer effectively exercises their right of withdrawal, if they are not responsible for the circumstances that led to the impossibility of delivery, or if they were temporarily prevented from accepting the service offered, unless the seller had given them reasonable prior notice.

5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods is transferred to the customer as soon as the seller has delivered the item to the shipping company, the freight carrier, or any other person or institution designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only transfers when the goods are handed over to the customer or a recipient authorized by them. Deviating from this, the risk is transferred to the customer, even in the case of consumers, as soon as the seller has handed over the goods to the shipping company if the customer has commissioned the shipping company themselves and the seller had not previously named this carrier.

5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies if the seller is not responsible for the non-delivery and has concluded a concrete covering transaction with the supplier with due diligence. The seller shall make all reasonable efforts to procure the goods. In case of unavailability or only partial availability of the goods, the customer will be informed immediately, and any consideration already provided will be refunded without delay.

5.5 For logistical reasons, self-collection of goods is not possible.

6) Retention of Title

6.1 If the customer acts as a consumer, the seller retains ownership of the delivered goods until full payment of the purchase price due.

6.2 If the customer acts as an entrepreneur, the seller retains ownership of the delivered goods until all claims from an ongoing business relationship have been fully settled.

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 in advance to the seller in the amount of the respective invoice value (including VAT). This assignment applies regardless of whether the reserved goods have been resold without or after processing. The customer remains authorized to collect these claims even after the assignment. However, the seller reserves the right to collect the claims themselves if the customer fails to meet their payment obligations properly, falls into arrears, or has filed for insolvency proceedings.

7) Liability for Defects (Warranty)

7.1 Unless otherwise specified in the following provisions, the statutory provisions regarding liability for defects shall apply. Deviating from this, if the customer acts as an entrepreneur, the seller has the choice of the type of supplementary performance. If the customer acts as an entrepreneur, the limitation period for defect claims for new goods is one year from the transfer of risk. If the customer acts as an entrepreneur, claims for defects in used goods are excluded. The limitation periods for defect claims do not begin anew if a replacement delivery is made within the scope of liability for defects.

7.2 If the customer acts as a consumer, the limitation period for defect claims is two years from the date of delivery to the customer for new goods and one year from the date of delivery to the customer for used goods.

7.3 The limitations and reductions of liability periods stated above do not apply to claims for damages and reimbursement of expenses by the customer, if the seller has fraudulently concealed the defect, for goods that were used according to their customary purpose in a building and caused its defectiveness, or for statutory recourse claims of the entrepreneur against the seller.

7.4 If the customer acts as a merchant, they must comply with their commercial inspection and notification obligations under § 377 HGB (German Commercial Code). If they fail to do so, the goods shall be deemed approved.

7.5 If the customer acts as a consumer, they are requested to report obvious transport damage to the deliverer and inform the seller. If the customer does not comply, this has no effect on their statutory or contractual claims for defects.

8) Liability

The seller is liable to the customer for all contractual, quasi-contractual, statutory, and tort claims for damages and reimbursement of expenses as follows:

8.1 The seller is liable without limitation in case of intent or gross negligence, in case of intentional or negligent injury to life, body, or health, due to a guarantee promise, unless otherwise regulated, or due to mandatory liability, such as under the Product Liability Act.

8.2 If the seller negligently breaches an essential contractual obligation, liability is limited to foreseeable, contract-typical damage, provided there is no unlimited liability as per the above provisions.

8.3 Otherwise, liability of the seller is excluded.

8.4 The above liability regulations also apply concerning the liability of the seller for its vicarious agents and legal representatives.

9) Redemption of Promotional Vouchers

9.1 Vouchers issued by the seller free of charge as part of promotions with a specific validity period and 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 Individual products may be excluded from the promotion if a restriction is stated on the promotional voucher.

9.3 Promotional vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.

9.4 Only one promotional voucher can be redeemed per order.

9.5 The value of the goods must at least match the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.

9.6 If the value of the promotional voucher is not sufficient to cover the order, the difference can be paid using one of the other payment methods offered by the seller.

9.7 The balance of a promotional voucher is neither paid out in cash nor does it accrue interest.

9.8 The promotional voucher will not be refunded if the customer returns goods paid for wholly or partially with a promotional voucher within the scope of their statutory right of withdrawal.

9.9 The promotional voucher is transferable. The seller can discharge its obligation by making payment to the respective holder who redeems the promotional voucher in the online shop of the seller. This does not apply if the seller has knowledge or grossly negligent unawareness of the ineligibility, incapacity to contract, or lack of authorization of the respective holder.

10) Redemption of Gift Vouchers

10.1 Gift vouchers that can be purchased via the seller’s online shop (hereinafter "gift vouchers") can only be redeemed in the seller’s online shop unless otherwise stated in the voucher.

10.2 Gift vouchers and remaining balances of gift vouchers can be redeemed until the end of the third year following the year of the voucher purchase. Remaining balances will be credited to the customer until the expiration date.

10.3 Gift vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.

10.4 Multiple gift vouchers can be redeemed in one order.

10.5 Gift vouchers can only be used for purchasing goods and not for purchasing additional gift vouchers.

10.6 If the value of the gift voucher is not sufficient to cover the order, the difference can be paid using one of the other payment methods offered by the seller.

10.7 The balance of a gift voucher is neither paid out in cash nor does it accrue interest.

10.8 The gift voucher is transferable. The seller can discharge its obligation by making payment to the respective holder who redeems the gift voucher in the online shop of the seller. This does not apply if the seller has knowledge or grossly negligent unawareness of the ineligibility, incapacity to contract, or lack of authorization of the respective holder.

11) Applicable Law

11.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws governing the international purchase of movable goods. For consumers, this choice of law applies only insofar as the granted protection is not withdrawn by mandatory provisions of the law of the country in which the consumer has their habitual residence.

12) Place of Jurisdiction

12.1 If the customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. If the customer's domicile or habitual residence is unknown at the time the lawsuit is filed, the seller’s place of jurisdiction shall apply.

12.2 The seller is also entitled to bring an action at the general place of jurisdiction of the customer.

13) Alternative Dispute Resolution

13.1 The EU Commission provides an online dispute resolution platform available at the following link: https://ec.europa.eu/consumers/odr. This platform serves as a contact point for the out-of-court resolution of disputes arising from online sales or service contracts involving a consumer.

13.2 The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.