Prices are gross including VAT and excluding shipping costs.
1 Validity of the conditions
- Subject of the following terms of delivery and payment are services and goods deliveries of Apollo Dion GmbH.
- The deliveries, services and offers of Apollo Dion GmbH are made exclusively on the basis of these terms of delivery and payment, regardless of whether the order and/or the contract were made in writing, by telephone or e-mail or by other means of communication.
- The customer accepts these conditions with an order. These conditions also apply to all future business relations, even if they are not expressly agreed again.
- Deviating conditions on the customer's order forms are not recognized even by acceptance of the order and unconditional delivery; rather, they are hereby expressly contradicted.
- Deviations from these terms of delivery and payment are only effective if Apollo Dion GmbH confirms them in writing to the user.
2 Offer, Placing of Order, Conclusion of Contract
All offers of Apollo Dion GmbH are subject to change and non-binding.
By ordering goods, the customer declares without obligation that he wishes to purchase the ordered goods. All orders must be placed in writing, by text (e.g. fax, e-mail, Whatsapp and orders via https://hypogen.de) or by telephone in order to be legally valid. Unless otherwise agreed, the customer is bound to orders for 30 days. The same applies to supplements, amendments or collateral agreements.
The customer's order is considered accepted if Apollo Dion GmbH does not declare rejection within a period of three weeks from the date of the order.
A contract is concluded with order confirmation in written, text (e.g. fax or e-mail) or telephone form or by delivery by Apollo Dion GmbH.
Prices, dimensions, weights, colors, delivery time specifications or other performance data are only binding if this has been expressly confirmed in writing by Apollo Dion GmbH.
All verbal, in particular also telephone side and supplementary agreements require the separate written confirmation of Apollo Dion GmbH to be valid.
The silence of Apollo Dion GmbH on subsequent requests for changes and / or additions by the customer means rejection, unless they are automatically taken into account in the provision of services by Apollo Dion GmbH.
3 Prices and terms of payment
Unless otherwise agreed, the prices are ex warehouse of Apollo Dion GmbH, including normal packaging. Delivery and shipping costs are additional.
All prices are subject to change and do not apply to subsequent deliveries. The gross prices stated in the order confirmation of ApolloDion GmbH are decisive, if net prices have been marked (commercial customer orders), plus the respective statutory value added tax applicable on the day of delivery.
ApolloDion GmbH expressly reserves the right to change prices. Even confirmed price or delivery agreements can be redefined in case of error or change of the purchase or availability basis. Contracts already concluded are excluded from the reservation of price adjustment or change.
With the appearance of new prices, all previous prices lose their validity.
4 Delivery time, partial delivery, transfer of risk
Delivery periods or delivery dates shall commence upon conclusion of the contract. They are generally non-binding unless expressly agreed otherwise in writing. Transactions for delivery by a fixed date shall not be concluded.
Apollo Dion GmbH is entitled to deliver at any time as well as to make partial deliveries. Partial deliveries do not constitute a defect and can be invoiced immediately by Apollo Dion GmbH.
Apollo Dion GmbH is not responsible for delays in delivery and performance due to force majeure or other unforeseeable events for which Apollo Dion GmbH or its suppliers are not responsible and which make delivery/service significantly more difficult or impossible for Apollo Dion GmbH (this includes in particular strike, lockout, official orders, etc., even if they occur at suppliers of Apollo Dion GmbH or its sub-suppliers), even in the case of bindingly agreed deadlines. They entitle Apollo Dion GmbH to postpone the delivery of goods for the duration of the hindrance plus a reasonable start-up time or to withdraw from the contract in whole or in part due to the part not yet fulfilled. The customer cannot assert any claims for damages from this. Any payments made by the customer are to be reimbursed by Apollo Dion GmbH.
If the hindrance lasts longer than 3 months, the customer is entitled to withdraw from the contract with regard to the part not yet fulfilled after setting a reasonable grace period in writing. If the delivery time is extended or Apollo Dion GmbH is released from its obligation, the customer cannot derive any claims for damages from this.
If Apollo Dion GmbH is responsible for non-compliance with bindingly agreed deadlines and dates or is in default, the customer may withdraw from the purchase. However, claims for damages do not exist. Any further performance is excluded, unless the delay is due to at least gross negligence on the part of Apollo Dion GmbH. This applies accordingly in the event that Apollo Dion GmbH is in default of delivery when one of these events occurs.
5 Shipping / Transfer of risk
The shipment is made from the warehouse of Apollo Dion GmbH to the address specified by the customer. Incorrect or incomplete address information provided by the customer shall be at the customer's expense.
Apollo Dion GmbH is released from its obligation to perform as soon as the consignment has been handed over to the company or person carrying out the transport or has left the warehouse for the purpose of dispatch. The risk of accidental loss or accidental deterioration of the goods passes to the customer upon handover, in the case of sale to destination upon delivery to the forwarding agent, carrier or other person designated to carry out the shipment, if partial deliveries are made and/or Apollo Dion GmbH has assumed additional services, e.g. transport costs or delivery.
Apollo Dion Ltd. determines the carrier under exclusion of liability for the choice of the cheapest and fastest shipping method.
If the shipment becomes impossible through no fault of Apollo Dion GmbH, the risk is transferred to the customer with the notification of readiness for shipment.
If the customer is in default of acceptance or if the delivery is delayed due to other circumstances for which the customer is responsible, the risk shall pass to the customer from the date of the notification of readiness for shipment. In this case, the due date of the purchase price also occurs on the date of notification of readiness for shipment. The customer bears the costs of storage with regard to Apollo Dion GmbH or with third parties. The assertion of further damages against the customer remains unaffected.
6 Shipping costs
Shipping costs are always at the expense of the customer, they depend on the scope of delivery - especially weight and volume.
For a cart total under 150,-€ the shipping costs are 4,95 €.
Shipping is done with DHL GoGreen(insured).
Backorders and subsequent deliveries are free of shipping costs, in case of forwarding shipments free of charge. The packaging is selected by Apollo Dion GmbH at its best discretion. For delivery abroad, the actual shipping costs will be charged to the customer.
With an order value from 150,-€ the shipping is free of charge.
Apollo Dion GmbH will take out transport insurance for the account of the customer only upon special express written instruction.
Unless otherwise agreed in particular in the invoices for goods, the customer shall pay the purchase price with respect to webshop orders via PayPal, by credit card by cash in advance as without deduction immediately. Alternatively, the order is made on account with immediate payment term after receipt of goods.
If the payment is not made at the latest 1 week after receipt of the goods, the customer is in default of payment. Apollo Dion GmbH is entitled to withdraw from the contract or terminate it without notice if the customer is in default with the fulfillment of his contractual or payment obligation.
A warranty retention is excluded. Payments must be made free of costs and charges to the bank accounts of Apollo Dion GmbH specified on the invoice.
If a direct debit authorization has been granted, the amount will be debited no later than 7 days after the invoice date without deduction.
A payment shall only be deemed to have been made when Apollo Dion GmbH can finally dispose of the countervalue of the claims.
Check payment, bill of exchange transactions as well as cash payment is excluded.
Apollo Dion GmbH is entitled to offset payments against the customer's older debts first, despite the customer's provisions to the contrary, and will inform the customer about the type of offsetting that has taken place. If costs and interest have already been incurred, Apollo Dion GmbH is entitled to offset the payment first against the costs, then against the interest and finally against the main performance.
If the customer is in default, Apollo Dion GmbH is entitled to charge interest from the relevant date at the interest rate charged by commercial banks for open overdrafts plus the statutory VAT and any reminder fees. The interest shall then be set at a lower rate if the customer proves a lower charge.
If Apollo Dion GmbH becomes aware of circumstances that call into question the creditworthiness of the customer, in particular if payments are suspended, the customer is in default with a payment in whole or in part for more than 30 days, or an application is filed to open insolvency proceedings against the customer's assets, Apollo Dion GmbH is entitled to declare the entire remaining debt due. In this case, Apollo Dion GmbH is also entitled to withhold all deliveries or services and/or to demand advance payments or the provision of security and to assert all rights arising from the retention of title.
Apollo Dion GmbH is furthermore entitled to demand default interest in the amount of 5% above the statutory base interest rate as damage caused by default in the case of consumers within the meaning of § 13 BGB. The assertion of a higher damage incurred by Apollo Dion GmbH remains unaffected. In case of assertion of a higher damage, the customer is entitled to prove that Apollo Dion GmbH has not incurred any or a lower damage.
In the case of legal transactions in which a consumer within the meaning of § 13 BGB is not involved, Apollo Dion GmbH is furthermore entitled to demand default interest in the amount of 8% above the statutory base interest rate as damage caused by default. The assertion of a higher damage incurred by Apollo Dion GmbH remains unaffected. In case of assertion of a higher damage, the customer is entitled to prove that Apollo Dion GmbH has not incurred any or a lower damage.
The customer shall only be entitled to set-off or reduction, even if notices of defects or counterclaims are asserted, if the counterclaims have been legally established or are undisputed. The customer shall only be entitled to withhold payment on the basis of counterclaims arising from the same contractual relationship.
8 Retention of title and right of retention
Until the fulfillment of all claims (including all balance claims from current account) to which Apollo Dion GmbH is entitled against the customer now or in the future for any legal reason, Apollo Dion GmbH shall be granted the following securities, which shall be released upon request at the discretion of Apollo Dion GmbH, insofar as their value sustainably exceeds the claims by more than 20%:
Apollo Dion GmbH reserves the right to block the shipment completely or temporarily and to demand the return of the goods at any time if the fulfillment of the claim is at risk or if the contractual partner violates one of the obligations incumbent upon him.
The goods remain the property of Apollo Dion GmbH until full payment by the customer. The customer is obliged to treat the goods with care. Insofar as maintenance and inspection work is required, the customer must carry this out regularly at his own expense.
Processing or transformation shall always be carried out for Apollo Dion GmbH. If the (co-)ownership of Apollo Dion GmbH expires due to combination, the (co-)ownership of the customer in the uniform object shall pass to Apollo Dion GmbH in proportion to the value (invoice value). The customer shall store the (co-)ownership of Apollo Dion GmbH free of charge. Goods to which Apollo Dion GmbH is entitled to ownership are hereinafter referred to as reserved goods.
The customer is entitled to process and sell the reserved goods in the ordinary course of business as long as he is not in default.
Pledging, transfer by way of security, leasing or transfer of the reserved goods abroad is not permitted.
The customer already now assigns to Apollo Dion GmbH by way of security all claims (including all balance claims from current account) arising in the event of a breach of this provision or for any other legal reason (insurance claims, tort) with regard to the goods subject to retention of title.
In case of access of third parties to the goods subject to retention of title, the customer shall point out the ownership of Apollo Dion GmbH and notify Apollo Dion GmbH immediately in writing. As far as the third party is not able to reimburse the judicial and extrajudicial costs of an action according to § 771 ZPO, the customer is liable for the resulting loss.
In case of breach of contract by the customer (in particular default of payment), Apollo Dion GmbH is entitled to take back the goods subject to retention of title or, if necessary. If necessary, Apollo Dion GmbH is entitled to demand the assignment of the customer's claims for return against third parties. The taking back as well as the seizure of the reserved goods by Apollo Dion GmbH does not constitute a withdrawal from the contract.
In case of breach of contract by the customer, Apollo Dion GmbH is entitled to collect the reserved goods and to enter the place of storage or the place of use of the reserved goods for this purpose, even without declaring rescission or exercising the rights under § 326 BGB beforehand. The customer waives the rights to which he would be entitled from prohibited unauthorized use and allows Apollo Dion GmbH access to the rooms in which the reserved goods are located.
Apollo Dion GmbH reserves the right to withhold delivery from current contracts until outstanding debts from previous deliveries have been settled.
9 Place of performance, place of jurisdiction
The place of performance for all claims arising from the contractual relationship between the customer and Apollo Dion GmbH is the registered office of Apollo Dion GmbH.
In the event that the customer is a merchant within the meaning of the German Commercial Code (HGB), Stuttgart shall be determined as the exclusive place of jurisdiction.
10 Applicable Law, Written Form, Effectiveness, Miscellaneous
The law of the Federal Republic of Germany shall apply. The validity of the uniform international sales law (UN sales law) is excluded.
Amendments and supplements to the provisions contained in these terms and conditions must be made in writing to be effective. This also applies in particular to this provision.
Should one or more provisions be invalid, this shall not affect the validity of the remaining provisions. An invalid provision shall be replaced by supplementary interpretations, if possible, by a provision that comes as close as possible to its purpose.
Status: July 2022