Prices are gross including VAT and excluding shipping costs.
1 Validity of the conditions
- Subject of the following terms of delivery 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 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.
3 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 of the customer is at his 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.
4 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 (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.
5 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 in order 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 a provision that comes as close as possible to its purpose by means of supplementary interpretations.
Status: June 2023