§1 General Terms, Scope of application, Customers
(1) All offers, sales contracts, deliveries and services made on the basis of any orders by the customers (hereinafter: Customer) of apo-rot through the online shop www.apo-rot.com (hereinafter: Online Shop) shall be governed by these general terms and conditions of sale (hereinafter: General Terms).
(2) These General Terms are only applicable if the Customer has its habitual residence and delivery address outside the European Union and not in the following countries:
Central African Republic
Democratic Republic of Congo
United States of America (USA)
(3) The product offerings in the Online Shop are directed to both Consumers and Business Customers. For the purpose of these General Terms a Business Customer is an individual, company or partnership vested with legal capacity who enters into the relevant contract in the conduct of its business or its self-employed professional activity.
(4) Standard business conditions of the Customer do not apply, regardless of whether or not apo-rot expressly object to them in a particular case.
§2 Conclusion of Contract, order limits and restrictions
(1) Apo-rot’s offerings in the Online Shop are non-binding.
(2) The order quantity is limited to a maximum of three pieces per article, ordering process and customer. Drugs being available only on prescription and/or in pharmacies according to the Law of the Federal Republic of Germany cannot be ordered.
(3) By placing an order in the Online Shop by clicking on the button “buy now”, the Customer makes a binding offer to purchase the relevant product.
(4) Without undue delay upon receipt of the order, apo-rot will send to the Customer a confirmation of receipt by e-mail, which shall not constitute an acceptance of the order. The order shall be deemed to be accepted by apo-rot either upon subsequent (e-mail) acceptance of the order or by dispatching the product.
§3 Prices and Payment
(1) Prices are in EURO (EUR) and shall not be subject to value added tax (VAT) according to German VAT Act. Any customs duties and similar public (import) charges or taxes shall be borne by the Customer. The prices are net of shipping costs.
(2) In addition, the Customer will be charged the shipping costs of EUR 16,50 for each delivery with an order value of EUR 40,00 or less. If the order value of a delivery exceeds EUR 40,00, the Customer is only charged with shipping costs of EUR 12,00.
(3) Prices and shipping costs (complete purchase price) are due with conclusion of the contract.
(4) Unless expressly otherwise agreed by apo-rot, all shipments by apo-rot shall require advance payment.
(5) The Customer shall have no right of set-off or retention, except to the extent that the counterclaim has not been disputed by us or been determined by a final and binding decision.
§ 4 Dispatch of the Product, Shipment, Passing of risks
(1) Products will not be shipped to countries mentioned in Section I§ 1(2) of these General Terms.
(2) Any dates of dispatch and/or transit times communicated by apo-rot are non-binding and may therefore be exceeded. As a rule, however, delivery takes place within 3 to 15 days.
(3) In the event that the product is no longer available, apo-rot shall without undue delay inform the Customer thereof. If the product is no longer available within the foreseeable future, apo-rot shall be entitled to terminate the sales contract. In case of such termination, apo-rot shall without undue delay reimburse the Customer any payments which the Customer has made to apo-rot in respect of the order.
(4) Partial deliveries of products included in the same order shall be permitted.
(5) The risk of accidental destruction, damage or loss of the delivered product shall pass to the Customer upon delivery of the product by us to the carrier.
(1) In the event of a defect of the delivered product, the Customer shall be entitled to request from apo-rot to repair the defect or to supply another product as ordered which is free from defects (supplementary performance). Notwithstanding the foregoing, if the Customer is a Business Customer, apo-rot shall have the right to choose between any such remedies at apo-rot’s discretion. Apo-rot may refuse to remedy a defective product in the manner requested by the Customer if such remedy would result in unreasonable costs.
(2) If the supplementary performance fails or cannot reasonably be expected from the Customer or apo-rot refuses to remedy the defect, the Customer shall be entitled to terminate the sales contract, reduce the purchase price or claim damages or frustrated expenses, in each case in accordance with applicable law; provided, however, that damage claims of the Customer shall be subject to the provisions contained in Section VI. of these General Terms.
(3) The warranty period shall be two years upon delivery of the Product as far as Consumers are concerned and one year upon delivery of the Product as far as Business Customers are concerned.
(4) With regard to Business Customers only, the following shall apply: The Business Customer shall promptly upon delivery inspect the product with due care. The delivered product shall be deemed to be approved by the Business Customer unless the defect is notified to apo-rot in case of any obvious defects within a period of five business days upon delivery or otherwise within five business days from the day when the defect has been identified.
§6 Limited Liability
(1) In case of intent or gross negligence of apo-rot or by apo-rot’s agents or assistants in performance apo-rot is liable according to the provisions of applicable law; the same applies in case of breach of fundamental contract obligations. To the extent the breach of contract is unintentionally or not grossly negligent, the liability of apo-rot for damages shall be limited to the typically predictable damage.
(2) Apo-rot’s liability for expressly guaranteed product specifications in the meaning of the Law of the Federal Republic of Germany and for culpable damage to life, body or health shall remain unaffected.
(3) Any liability not expressly provided for above shall be disclaimed.
§7 Applicable Law and Competent Courts
(1) With regard to Business Customers only, the following shall apply: Any contracts entered into between us and the Customer shall be governed by the laws of the Federal Republic of Germany, without prejudice to any mandatory conflict of laws provisions.
(2) If the Customer is a corporation, limited liability company or commercial partnership or otherwise operates a commercial business or is a legal entity or special fund organized under public law, the courts in Hamburg, Germany, shall have exclusive jurisdiction in respect of all disputes arising out of or in connection with the relevant contract.