General Terms & conditions
General terms and conditions, terms of delivery and payment of
Cumdente GmbH
Paul-Ehrlich-Straße 11
D-72076 Tübingen
www.apacare.com
INTRODUCTION
This document (together with the documents referred to herein) sets out the terms and conditions governing the purchase of products via the website www.apacare.com by consumers in Germany and other EU countries (hereinafter, “Terms & Conditions“). Before purchasing products, you should carefully read these Terms & Conditions, our cookies policy and our privacy notice (hereinafter jointly referred to as“Privacy Policy“). By placing an order on this website, you consent to these Terms & Conditions and to our Privacy Policy. You cannot use this website if you do not agree to the Terms & Conditions and to the Privacy Policy. We may amend these Terms & Conditions. You are obliged to read through these Terms & Conditions regularly since only those Terms & Conditions that are valid as of the date of conclusion of any contract (see below) shall in each case apply. Should you have any questions about the Terms & Conditions or the Privacy Policy, you can contact us via our online contact form.
SALES
Cumdente GmbH, a German company whose registered office is at Paul-Ehrlich-Strasse 11, 72076 Tübingen, entered in the companies register of the District Court of Stuttgart under the number HRB 38 2197, VAT registration number DE 213 161 086, is responsible for the sale of goods via this website.
INFORMATION PROVIDED BY YOU AND USE OF THIS WEBSITE
The information and personal data provided by you will be processed in accordance with the Privacy Policy. By placing an order on this website, you consent to the processing of the information and data provided and affirm that all the information and data provided are true and accurate.
USE OF OUR WEBSITE
By placing an order on this website, you consent as follows:
1. Only to use the website for legitimate enquiries and orders.
2. Not to place any fake or fraudulent orders. Should we have reasonable grounds to believe that just such an order was placed, we shall be entitled to cancel the order and to notify the proper authorities of this.
3. To provide us with your full and correct email address, postal address and/or other contact details, and you hereby agree moreover that we may use this information to get in touch with you, where necessary, in the context of your order (see our privacy notice). If you do not provide us with all the information that we require, you cannot place an order.
By placing an order on this website, you affirm that you are at least 18 years of age and that you may conclude contracts on a legally binding basis.
AVAILABILITY
The items offered on this website are available for deliveries in Germany and other EU countries only.
CONCLUSION OF CONTRACTS
The information contained in these Terms & Conditions and the data included on the website do not represent a sales offer but are rather an invitation to transact business. A contract between you and us with respect to any particular product is formed only after your order has been expressly accepted by us. Should we fail to accept your order offer, any amounts already debited from your account will be reimbursed in full. To place an order, you must complete the online purchase process. As soon as you have added one or more items that you would like to purchase to the shopping basket, you may continue with the order. For such purposes, please follow the individual steps of the purchasing process and, in so doing, complete and/or review the information that you are required to provide for each step. You may moreover during the purchasing process and prior to payment change the information provided with respect to your order and, where necessary, correct any errors that may have arisen. The ordering process is continued in a subsequent step and payment is made. The ordering process is complete once you click on the button „Confirm purchase“. You will subsequently receive an email from us, in which we confirm the receipt of your order (“order confirmation”). Please note that this does not signify that your order was accepted, since your order represents an offer to purchase one or more products from us. All orders require an acceptance from us, which takes the form of an email that we send you and that confirms the fact that the order was shipped („shipping confirmation“). The contract relating to the purchase of a product („contract“) is formed only after we have sent you the shipping confirmation. The contract relates solely to those items that are specified in the shipping confirmation.
RESERVATION OF RIGHT OF REFUSAL
We reserve the right to take products off the website at any time and thereafter to remove or modify materials or content. Although we always make every effort to process all the orders received by us, exceptional circumstances may mean that we have to refuse to process an order following the dispatch of an order confirmation. We reserve the right to do so at our discretion at any time. We shall not be liable towards you or third parties on account of the removal of products or modification of materials or content of this website or on account of the refusal of an order following the dispatch of an order confirmation.
DELIVERY
All orders of products are subject to the availability of the products. Unless there are exceptional circumstances, we shall endeavour to deliver the products specified in the shipping confirmation by the delivery date stated therein or, if no delivery date was specified, within the estimated period indicated on selection of the shipping method, and in any event within a deadline of a maximum of 30 days from the date of the shipping confirmation.
There may nevertheless be some delays due to the occurrence of unforeseen circumstances or on account of the delivery area. Should we for any reason be unable to keep to the delivery date, we shall inform you of this and give you the option of either continuing with the purchase by setting a new delivery date or of cancelling the order, with the reimbursement in full of any amount already paid.
For the purposes of these Terms & Conditions, „delivery“ is considered to have been completed, respectively the order to have been „delivered“, as soon as you or a third party designated by you has taken possession of the goods. This is documented as the result of the acknowledgement of receipt of the order being signed at the delivery address specified by you.
UNDELIVERABLE DELIVERY
Should your order, for reasons beyond our control, not be able to be delivered after several attempts, it will be returned to us. We shall in this case assume that you would like to withdraw from the contract, and this automatically translates into a contractual obligation to arrange for restitution. We shall consequently arrange without delay, and no later than 14 days after withdrawal, for the reimbursement of all payments received from you.
TRANSFER OF RISK AND OWNERSHIP OF PRODUCTS
As of the date of delivery, the risk of accidental loss and accidental deterioration of the products is transferred to you.
Ownership of the products is transferred to you only after the payment in full of all the amounts payable for the products, including shipping costs, or upon delivery (cf. in this regard clause above), should this take place at a later date.
PRICE AND PAYMENT
GENERAL POINTS
Except in case of a clear error, the purchase price of products matches the price specified at any time on our website. Even if we endeavour to ensure that all the prices specified on the website are correct, errors may occur. Should we establish that the price specified with respect to a product ordered by you is wrong, we shall inform you of this as soon as possible and give you the option of reconfirming the order at the correct price or of cancelling the order. Should it not be possible for us to contact you, the order will be considered to have been cancelled and you will receive the reimbursement in full of any amounts already paid.
We are not under any obligation to sell you any particular product at a wrong lower price (even if we have already sent you a shipping confirmation) if the price error is clear and unmistakable and the price inaccuracy could reasonably be identified by you as an error.
The prices shown on the website are understood to be inclusive of VAT, but exclude shipping costs. The latter will be added to the total amount due based on the information provided with respect to the shipping costs. The total price including the purchase price for the products, the shipping costs and the VAT will be displayed before you finally place your order. We reserve the right to make price changes at any time. Unless otherwise specified above, however, such price changes shall not affect orders placed by you for which we have already sent you an order confirmation.
If you pay via PayPal or Sofort, the payment is debited on the date we confirm your order.
By clicking the button “Confirm purchase”, you confirm that you are the lawful credit card holder. Credit cards are subject to checks of validity and requests for approval by the respective credit card company. Should the latter fail to approve the payment to us or to the entrusted service provider, we shall not be liable for delays or non-deliveries and may possibly not be able to enter into any contract with you.
PAYMENT PROCESSING
Payment may be made by Visa, MasterCard, American Express and PayPal. To minimise the risk of unauthorised access, your credit card details are encrypted. As soon as we have received your order, we respectively the service provider entrusted by us seek provisional approval of the payment from the credit card company, to ensure that the funds required for completion of the transaction are available. Your credit card will only be charged on the date on which your order leaves our warehouse.
PURCHASE AS A GUEST
Purchases can also be made on this website using the feature purchase as a guest. For this purchase procedure, only the details that are essential to the processing of your order are requested. On completion of the purchase procedure, you will then be given the choice of either registering as a user or of continuing as an unregistered user.
RIGHT OF CANCELLATION AND RETURN
Statutory right of cancellation
CANCELLATION POLICY
Right of cancellation If you in your capacity as a consumer enter into a contract, you are entitled to cancel that contract within the statutory cancellation period, without giving any reasons.
The cancellation period is 14 days as of the date on which you or a third party designated by you, other than the carrier, took possession of the goods or, where there are several items in separately delivered packages, 14 days as of the date on which you or a third party designated by you, other than the carrier, took possession of the last package.
To exercise your right of cancellation, you must inform us of your decision to cancel the contract through a clear declaration (e.g. in a letter sent by post, in a phone call or by email) in one of the following ways.
By post:
Cumdente GmbH, Paul-Ehrlich-Straße 11, 72076 Tübingen, Germany
Email: info@apacare.de
Phone: +4970719755721
It is sufficient for the purposes of observing the deadline for cancellation for your notice of your intention to exercise of the right of cancellation to be sent prior to expiry of the deadline for cancellation. There is no right of cancellation in case of:
1. Contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual choice or stipulation by the consumer is decisive or which are clearly tailored to the consumer’s personal requirements.
2. Contracts for the supply of sealed goods, which for health and hygiene reasons are not suited to being returned once their seal has been removed following delivery.
Consequences of cancellation
If you cancel this contract, we shall reimburse you with all payments received from you, including shipping costs to the original place of delivery (with the exception of any additional costs resulting from the fact that you selected a type of delivery different to the standard delivery offered by us), without delay and in any event within 14 days at the latest of the date on which we received the notice of your cancellation of this contract. We shall use for this reimbursement the same form of payment as you used for the original transaction. Under no circumstances will you be charged with any costs as the result of this reimbursement.
You must return the goods and/or hand them over without delay and in any event within 14 days at the latest of the date on which you informed us of your cancellation of the contract. The deadline is considered to have been observed if you send the goods before expiry of the 14-day deadline.
If you decide to return the items to us on a „charges forward“ basis, please note that we shall be entitled to charge you with any costs that we might possibly incur.
We shall examine the returned items and inform you of your entitlement to be credited with the amounts paid. The credit will be processed as soon as possible, and in any event within 14 days of the date on which we received the notice of your cancellation. Notwithstanding the above, we may refuse reimbursement until such time as we have received the returned goods or until you have provided evidence of the fact that you returned the goods, whichever is the earliest. The reimbursement is always made using the same means of payment as you used for payment on the occasion of the purchase. You will only have to bear the cost of any loss in value of the goods if this loss in value is attributable to the goods being handled in a manner not required for the purposes of checking the condition, properties and functionality of the goods.
Right of cancellation when ordering from abroad
We would inform you that we are under no circumstances obliged (except for cases coming under legislation governing statutory warranties, to which these provisions do not apply) to reimburse shipping costs to places other than the original delivery address or the costs of returning goods from places other than Germany.
END OF THE CANCELLATION POLICY
LIABILITY AND EXCLUSION OF LIABILITY
Claims for damages may not be brought by you, except in the fol lowing cases:
1. Damages arising from any injury to life, limb or health, which are the result of any breach of obligations on our part or on the part of one of our statutory representatives or our vicarious agents and
2. other damages, which are the result of any intentional or grossly negligent breach of obligations on our part or on the part of one of our statutory representatives or our vicarious agents.
In case of any negligent breach of contractual obligations the performance of which represents the only way in which the contract can even be properly executed and on compliance with which you as the customer may consistently rely (so-called primary obligations), our liability is limited to compensation for foreseeable, typical loss or damage.
The provisions of the Product Liability Act remain unaffected by this.
Subject to the above clause and unless otherwise specified in these Terms & Conditions, we shall in case of contracts with businesses as defined by sec. 14 BGB [Civil Code] notably not assume any liability for the following losses:
i. Loss of earnings or turnover
ii. Trading losses
iii. Loss of profits or loss of contracts
iv. Losses of expected savings
v. Losses of data transmitted to us and
vi. Losses of administrative or office time
The limitations of liability shall not apply if we have fraudulently concealed the defect or have provided a guarantee for the item’s condition. The same shall apply if we have entered into an agreement with you concerning the item‘s condition. The provisions contained in the clause neither prejudice your rights as consumer and customer nor your right to withdraw from the contract.
WARRANTY
All product descriptions, information and material made available on this website are provided „as is“ and without any express or implied warrantees, unless such warrantees are stipulated by law. If you as a consumer or customer enter to this effect into a contract, we are obliged to supply goods that are in accordance with the contract. Goods are in accordance with the contract if (i) they match our description and correspond to the quality as represented on our website, (ii) they are suited to the purposes for which items of this nature are customarily used and (iii) are of a quality that may usually and reasonably be expected of this kind of items.
You hereby confirm and agree that we shall at all times retain all copyrights, trademarks and all other intellectual and industrial property rights to any material or content made available as part of the website. You may use this material only in accordance with the explicit approval issued by us in writing.
This regulation does not prevent you from using this website to the extent necessary in order to copy information on your orders or contact details.
VIRUSES, PIRACY AND CYBER ATTACKS
You may not knowingly make improper use of this website through the introduction of viruses, Trojans, worms, logic bombs or other software or material that is harmful or causes technical damage. You will not attempt to fraudulently gain unauthorised access to this website, to the server on which this website is held or to any other server, computer or database connected to this website. You undertake not to attack this website by means of a denial-of-service attack or a distributed-denial-of-service attack.
Failure to comply with this clause may pursuant to the provisions in force constitute the perpetration of a criminal offence. We shall notify the competent authorities of any such breach against these statutory provisions and shall work with the said authorities to identify offenders. Should you breach this clause, your permicsion to use this website will immediately be withdrawn. We shall not be liable for damages or losses arising as the result of a denial-of-service attack, virus or other software or material harmful to or that causes technical damage to your computer, your equipment, your data or your materials, and caused on the occasion of using this website or downloading content from this website or from any linked websites.
LINKS TO OUR WEBSITE
Subject to the regulations governing the limitation of liability, we are not liable for the content and layout of third-party websites linked to our website. The links serve solely for information purposes and represent an additional service. More particularly, we do not espouse the content of the linked websites. We are not moreover under any obligation to regularly monitor the content of the linked websites. As of the date on which we established the link, there was no unlawful content on the linked websites.
WRITTEN COMMUNICATIONS
The law in force for the time being provides for some of the information or communications that we send you to be in writing. By placing an order on this website, you accept that communications with us shall be made predominantly by electronic means, such as for example email. For the purposes of the contract, you agree to this form of electronic communication and confirm that all contracts, invoices, communications, information and other messages that we make available to you in electronic form shall be viewed as having met the statutory requirements for such communications to be in writing. Your statutory rights remain unaffected by this provision.
COMMUNICATIONS
All communications that you send us should preferably be sent via our online form. Subject to the provisions contained in the above clause and unless otherwise specified, we may send you communications either by email or by delivery to your postal address, as specified by you when placing your order. Any communication shall be considered to have been received and duly made within 24 hours of the dispatch of an email or three days after the date of dispatch of any letter. For the purposes of providing evidence of the receipt of communications sent it is sufficient to provide documentation to the effect that - in case of a letter - this letter was properly addressed, stamped and posted, and - in case of an email - that this email was sent to the specified email address of the recipient.
TRANSFER OF RIGHTS AND OBLIGATIONS
The contract between you and us is binding both on you and on us and on our respective successors, assignees and heirs.
You are not authorised without our prior written consent to transfer or otherwise dispose of a contract or any of your rights or obligations under such a contract.
During the contract period, we may at any time transfer or otherwise dispose of the contract and all our rights or obligations under the contract. Should this lead to the substitution in full of the contracting party on our side or at the very least to the transfer in full of all our obligations to a third party, you shall be entitled to withdraw from the contract. For the avoidance of any misunderstandings, it should be noted that any such transfer, assignment or other form of disposal shall not prejudice your statutory rights as a consumer, depending on applicability, and may not cancel, diminish or otherwise restrict statutory warranty claims or warranties given to you in the form of express or implied warranties.
FORCE MAJEURE EVENTS
We shall not be liable or answerable for the non-performance or delayed performance of our obligations under any contract if this was caused by events beyond our control („force majeure event“).
Force majeure encompasses all acts, events, events that have not occurred, omissions or accidents which are beyond our control, including inter alia the following cases:
i. Strike, lockout or other industrial action
ii. Civil disturbance, riots, invasions, terrorist attacks or the threat of terrorist attacks, war (whether declared or not) or the threat of or preparation for any war
iii. Fire, explosion, storm, flood, earthquake, collapse Epidemics or other natural catastrophes
iv. Circumstances in which it is impossible to use trains, ships, aircraft, motor vehicles or other public or private means of transport
v. Circumstances in which it is impossible to use public or private telecommunications systems
vi. Introduction or amendment of statutory provisions, decrees, legislation, directives of governments or authorities.
vii. All strikes, stoppages or accidents during ocean or inland transport, post or other form of transport
Our obligation to perform the contract shall be considered to have been suspended for the period of time for which the force majeure event lasts and we shall be entitled to an extension of the period of performance which matches the duration of that period. We shall make every effort to end the force majeure event or to find a solution that permits us to meet our obligations under the contract despite any force majeure event.
WAIVER
Should we at any time during the period of the contract fail to insist on the strict fulfilment of your obligations under the contract or under these Terms & Conditions, or should we fail to exercise any rights or remedies to which we are entitled under the contract or under these Terms & Conditions, this shall not constitute a waiver of such rights and remedies or a restriction of these rights or remedies and shall not release you from your obligation to fulfil the same. Any waiver by us of a specific right or remedy shall not constitute a waiver of other rights or remedies arising under this contract or under these Terms & Conditions. Any waiver on our part in relation to your obligations according to this contract or these Terms & Conditions shall take effect only after you have been expressly notified of the fact that this concerns a waiver on our part and such notification is communicated in writing, as specified above under the heading communications.
SCOPE OF THE CONTRACT
These Terms & Conditions and all documents to which reference is made therein (privacy policy, cookies policy) constitute the entire contract between you and us as far as concerns the purpose of the contract, and replace all prior agreements, arrangements or understandings between you and us, regardless of whether these were verbal or in writing.
You and we confirm that neither you nor we shall on conclusion of any contract invoke any declaration or arrangement that was made by the other party or that might emerge from any information provided during or from any documents on the negotiations held between you and us prior to the conclusion of the contract, unless this is expressly specified in these Terms & Conditions.
No legal remedy shall be available either to you or to us with regard to any false statement that might have been made by the in each case other party verbally or in writing prior to the date of conclusion of the contract (unless such a false statement was made fraudulently). The only remedy available to the other party is the remedy applicable in case of any breach of the contract, as provided for in these Terms & Conditions.
OUR RIGHT TO AMEND THESE TERMS & CONDITIONS
We shall be entitled to revise and amend these Terms & Conditions at any time. The provisions, Terms & Conditions and privacy policy that are as far as you are concerned applicable are those in force as of the date on which you place any order, except where it is necessary under the law or at the behest of government authorities to amend these provisions, Terms & Conditions or privacy policy. In this case, any possible amendments shall also apply to orders that were previously placed by you.
LAW AND JURISDICTION
The use of our website and all contracts for the purchase of products via our website are subject to German law.
Any disputes arising from or in connection with the use of the website or these contracts shall be subject to the exclusive jurisdiction of German courts. Tübingen is the place of jurisdiction. Your rights as a consumer under German legislation remain applicable without restriction.
COMMENTS AND SUGGESTIONS
We are always pleased to receive your comments and suggestions. Please send all comments and suggestions to us via our online form.
If you consider that your rights as a purchaser have been infringed, you may send your complaint to us by email at the following address info@apacare.de, in an effort to achieve an out-of-court settlement. We are not obliged, nor are we willing to participate in any dispute resolution process before a consumer conciliation body.
Cumdente GmbH
Paul-Ehrlich-Straße 11
72076 Tübingen, Germany
Fon +49 70 71 9 75 57 21
www.apacare.com
Januar 2021
ApaCare® is a trademark of Cumdente GmbH