top of page

GTC

  1. Scope of application
    For all mutual claims arising from and in connection with the conclusion of a contract between the purchaser (customer) and Apoolco GmbH, the following General Terms and Conditions apply exclusively in the version available on the Internet at the time the order is placed.
     

  2. Conclusion of contract
    The goods and services presented on the website do not constitute binding offers. Rather, they are an invitation to the customer to submit a binding offer to the Apoolco GmbH supplier. By completing the order for the goods (clicking on the "Order with obligation to pay" button), the customer submits a binding offer to conclude a purchase contract. The customer then receives an order confirmation from Apoolco GmbH by e-mail. This does not constitute acceptance of the offer. The purchase contract is only concluded upon acceptance of the order by Apoolco GmbH. The offer is accepted either by sending a declaration of acceptance to the customer by e-mail or by dispatching the ordered goods.​

    The customer is advised that important information about Apoolco GmbH is made available on the Internet. Insofar as the information specified in § 5c KSchG does not appear directly in connection with the offers, this information is available on the websites www.apoolco.at, www.apoolco.de and www.apoolco.ch. In addition to the information published on the web, Apoolco GmbH will provide written confirmation of the information specified in Section 5c KSchG in good time during the performance of the contract, but at the latest upon delivery of the goods, unless this information was already provided in writing when the contract was concluded. Written confirmation is equivalent to confirmation on a durable medium available to the customer. Information about the right of withdrawal will also be sent to the address of the Apoolco GmbH department responsible for complaints and claims.
    ​

  3. Delivery costs
    The shipping costs for your entire order are calculated automatically during the ordering process. From 79€ shipping is free of charge. You can find a list of the shipping costs here: Delivery terms and costs. The customer will be informed of this before the invoice is issued and can interrupt the process at any time.    '

    The shipping partner and the shipping methods can be freely selected by Apoolco GmbH. Deliveries are normally only possible within Austria and Germany. Deliveries will be made to the address specified by the customer. Apoolco GmbH reserves the right to make partial deliveries if these are reasonable for the customer in individual cases. 
    If the customer or an authorized representative is not at the place of delivery at the time of delivery (previously agreed, Mon-Fri between 9:00-18:00), the order will be returned and the additional transport costs incurred will be charged to the customer.
     

  4. Revocation
    Detailed information on the subject of revocation can be found here >> Revocation policy
     

  5. Prices and terms of payment
    All prices quoted on the Apoolco GmbH homepage include Austrian VAT; the prices quoted apply exclusively to e-commerce orders.

    You can find the payment options in our online store here: Payment.

    The purchase price is due immediately for all payment methods. In the case of PayPal payment, the goods will be delivered immediately after the amount has been credited to our PayPal account; in the case of payment in advance, as soon as the amount has been credited to the company account.

    If the invoice amount is nevertheless not paid in advance in the case of special agreements and is not paid within 14 days of receipt of the goods and invoice, default of payment shall occur without the need for a reminder. In the event of default of payment by the customer, the latter shall bear the appropriate applicable rates for reminder and collection charges. The customer expressly agrees that in the event of default of payment by Apoolco GmbH, the name (including previous names), gender, address, occupation, outstanding balance and dunning data will be transmitted to the commercial credit register and to collection agencies authorized to collect receivables.

    Interest on arrears of 12% p.a. from the due date shall be deemed agreed. The processing fee for each reminder is EUR 25.00.​
     

  6. Delivery quantity
    Apoolco GmbH reserves the right to ship only in normal household quantities. If an order exceeds this quantity, the customer will be notified by e-mail. 
     

  7. Retention of title
    Apoolco GmbH retains title to all goods delivered to a customer until final and full payment of the goods delivered. If Apoolco GmbH replaces goods under warranty, it is agreed that the replaced goods become the unrestricted property of Apoolco GmbH.

    An extended retention of title expressly applies.
     

  8. Warranty and liability
    Apoolco GmbH warrants that the products are free from defects at the time of shipment which cancel or reduce the value or suitability for normal use. An insignificant reduction in value or suitability is not taken into account. Unless otherwise stated, the warranty period is 24 months from the date of dispatch. Wear and tear and consumable parts are excluded. The customer must check the goods for completeness or any defects immediately after receipt of the delivery and notify Apollo of these within one week of receipt at the latest. In the event of an incomplete delivery, Apoolco GmbH will make a subsequent delivery without delay. In all other cases, Apoolco GmbH initially has the right to either repair the defective item or make a replacement delivery. If the repair is unsuccessful or if the replacement delivery is repeatedly unsatisfactory, the customer is entitled to either reduce the purchase price or withdraw from the contract (rescission). 

    Apoolco GmbH is only liable for damage to the goods themselves. Further claims by the customer - irrespective of the legal grounds - are excluded. The aforementioned limitation of liability does not apply in the absence of an important warranted characteristic or in the event of intent or gross negligence on the part of Apoolco GmbH. Liability for consequential damages is excluded. Indirect damages (third-party damages) are generally excluded. The scope of liability of Apoolco GmbH under the Product Liability Act remains unaffected.

    Any guarantees given are always voluntary guarantees of the manufacturer / supplier. The respective conditions must be observed. Apoolco itself cannot grant any guarantees. 
     

  9. Choice of law and place of jurisdiction
    The legal relationship between Apoolco GmbH and the customer as well as the respective terms and conditions are subject to Austrian law. The application of the UN Convention on Contracts for the International Sale of Goods dated April 11, 1988 is excluded. To the extent permissible, the place of jurisdiction for all claims arising from the business relationship is agreed to be the registered office of Apoolco GmbH.
    Mandatory provisions of the law of the country in which the customer has his habitual residence remain unaffected if and insofar as the customer has concluded a purchase contract which cannot be attributed to the customer's professional or commercial activity (consumer contract) and if the customer has performed the legal acts required to conclude the purchase contract in the country of his habitual residence.
     

  10. Additional conditions when using payment methods from payolution GmbH

    Additional GTC for invoice & installment purchase
     

  11. Miscellaneous
    The customer shall have no right of set-off or retention unless the claim is undisputed or has been legally established by a court of law. However, the rights of the customer under § 1052 ABGB remain unaffected.
    The place of performance for payments is the registered office of Apoolco GmbH. For deliveries, the place of performance is either Apoolco GmbH or the place of dispatch of the first shipper acting on behalf of Apoolco GmbH. The invalidity of individual provisions does not affect the validity of the remaining terms and conditions. The invalid provision will be replaced by a valid provision that comes as close as possible to the legal and economic purpose of the invalid provision.
    All information and images on the Apoolco website are protected by copyright. Both content and images may deviate from reality. The customer may only assign his rights to Apoolco GmbH with its written consent.

    When ordering in the Apoolco online store, the existing/necessary building regulations and building permits in the respective country, in the case of individual products, must be obtained by the customer independently. Apoolco GmbH accepts no responsibility for building projects, in particular building projects without a permit.

    Online dispute resolution
    The European Commission provides a platform for online dispute resolution (ODR).
    You can find the platform at: http://ec.europa.eu/consumers/odr/

    We are prepared to participate in an out-of-court arbitration procedure before a consumer arbitration board. The responsible body is the Internet Ombudsman, Ungargasse 64-66/3/404, 1030 Vienna

    All information without guarantee of correctness and completeness!

bottom of page