Terms of service
Die Allgemeinen Geschäftsbedingungen sind in verschiedenen Sprachen verfügbar. Maßgeblich ist allein die deutsche Fassung.
The General Terms and Conditions are available in various languages. Only the German version is authoritative.
Teil I - AGPart I - General Terms and Conditions for Contracts with Consumers/End Customers (B2C)
Teil II - AAR for contracts with non-consumers/business customers (B2B)
Part I - General Terms and Conditions for Contracts with Consumers/End Customers (B2C):
1. validity, definitions of terms
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Apaloo GmbH, 9, 78609 Tuningen, Germany (hereinafter referred to as "we" or "Apaloo") apply to all contracts for the supply of goods which a consumer (hereinafter referred to as "customer" or "you") concludes with Apaloo with regard to the goods presented by it in its online store. Hereby, the inclusion of the customer's own terms and conditions is contradicted, unless otherwise agreed.
1.2 "Consumer" within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. "Entrepreneur" is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity, whereby a partnership with legal capacity is a partnership endowed with the capacity to acquire rights and incur liabilities
2. conclusion of the contracts, storage of the contract text
2.1 The following regulations on the conclusion of the contract apply to orders placed via our online store at moskinto.de.
2.2 Our product presentations on the Internet are non-binding and not a binding offer to conclude a contract.
2.3 Upon receipt of an order in our online store, the following provisions shall apply: The customer makes a binding offer to enter into a contract by successfully completing the order procedure provided in our online store. The order is placed in the following steps:
- Selection of the desired goods
- Adding the goods by clicking the button "Add to cart",
- Checking the information in the shopping cart,
- Calling the order form by clicking the button "Proceed to checkout".
- Completion of the order by clicking the button "Order now subject to payment". This represents your binding order confirmation.
- After receipt of the purchase offer, you will receive an automatically generated e-mail with which we confirm that we have received your order (confirmation of receipt). This confirmation of receipt does not constitute an acceptance of your purchase offer. A contract is not yet concluded by the confirmation of receipt.
- The contract for the purchase of the selected goods is only concluded when we expressly declare acceptance of the purchase offer (order confirmation) or when we ship the goods to you - without prior express declaration of acceptance. Your request can only be accepted by us up to the point in time in which you can expect the receipt of the response under regular circumstances (§ 147 para. 2 BGB). Exception: when paying with PayPal, the acceptance of the order takes place immediately with your order.
2.4 In case of conclusion of the contract, the contract is concluded with Apaloo GmbH, Riedweg 10, 78607 Talheim, Germany.
2.5 Before placing the order, the contract data can be printed out or electronically saved using the browser's print function. The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the order data, the GTC and the cancellation policy, shall be carried out by e-mail after the order has been triggered by you, in part automatically. We do not store the contract text after conclusion of the contract.
2.6 Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. "back button" of the browser). They can also be corrected by canceling the order process prematurely, closing the browser window and repeating the process.
2.7 The processing of the order and transmission of all information required in connection with the conclusion of the contract shall be carried out by e-mail, in part automatically. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
3. Subject of the contract and essential characteristics of the goods
3.1 The subject matter of the contract in our online store is the sale of mosquito patches "Moskinto". The specific goods offered can be found on our product pages.
3.2 The essential characteristics of the goods can be found in the item description. In order to provide our customers with an optimal impression of the respective product, we produce high-quality product images. However, due to the lighting conditions during product photography and different screen settings, the color of the product in the photo may differ slightly from the original.
4. Prices, shipping costs and terms of payment
4.1 The prices stated in the respective offers as well as the shipping costs are total prices and include all price components including all applicable taxes.
4.2 Apaloo accepts payment of the purchase price in advance and via PayPal. Unless otherwise specified in the individual payment methods, the payment claims are due for payment immediately.
- Advance payment
If you choose payment in advance, we will give you our bank details in the order confirmation. The invoice amount is to be transferred to our account within 10 days after receipt of the order confirmation.
When paying with PayPal, you will be redirected to the website of the online provider PayPal during the ordering process. In order to pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment instruction to us. After submitting the order in the store, we request PayPal to initiate the payment transaction. You will receive further instructions during the order process. The payment transaction is automatically carried out by PayPal immediately afterwards. The customer can find more information about the payment method "PayPal" on the Internet under https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - under https://www.paypal.com/de/webapps/mpp/ua/privacywax-full abrufen.
4.3 In addition to the stated prices, shipping costs may be incurred for the delivery of products, unless the respective item is shown as free of shipping costs. The shipping costs will be clearly communicated to you again on the offers, if applicable in the shopping cart system and on the order overview.
4.4 Any costs incurred in the country of destination when shipping abroad, such as taxes, customs duties and levies, shall be borne by the customer. The customer is recommended to enquire about the details with the customs or tax authorities before placing the order.
4.5 If you are in default with a payment, you shall be obligated to pay the statutory default interest in the amount of 5 percentage points above the base interest rate.
5.1 All offered products are ready for immediate shipment, unless clearly stated otherwise in the product description (delivery time within Germany is 2-5 business days after receipt of payment, outside Germany accordingly 7-14 business days).
5.2 The shipping of the offered items is worldwide.
6. Right of retention, reservation of title
6.1 You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
6.2 The goods remain our property until full payment of the purchase price.
7. Right of withdrawal
7.1 As a consumers you have a right of withdrawal. This is governed by ourRight of withdrawal.
7.2 Please avoid damage and contamination. If possible, please return the goods to us in the original packaging with all accessories and with all packaging components. If necessary, use a protective outer packaging. If you no longer have the original packaging, please provide adequate protection against transport damage with suitable packaging in order to avoid claims for damages due to defective packaging.
7.3 Bitte beachten Sie, dass die in dem vorstehenden Absatz 2 genannten Modalitäten nicht Voraussetzung für die wirksame Ausübung des Widerrufsrechts sind.
8.1 Subject to the following exceptions, our liability for contractual breaches of duty and for tortious acts shall be limited to intent or gross negligence.
8.2 We shall be liable without limitation in the event of slight negligence in the event of injury to life, limb or health or in the event of a breach of a material contractual obligation. If we are in default with the performance due to slight negligence, if the performance has become impossible or if we have breached a material contractual obligation, the liability for material damage and financial loss resulting therefrom shall be limited to the foreseeable damage typical for the contract A material contractual obligation is an obligation the fulfillment of which makes the proper performance of the contract possible in the first place, the breach of which jeopardizes the achievement of the purpose of the contract and the observance of which you may regularly rely on. This includes, in particular, our obligation to take action and to fulfill the contractually owed performance, which is described under section 3.
9. Contract language
Only German is available as the contract language.
10 Warranty/Customer Service
10.1 The warranty shall be governed by the statutory provisions.
10.2 The warranty period for delivered goods vis-à-vis entrepreneurs shall be 12 months.
10.3 As a consumer, you are requested to immediately check the delivered goods for completeness, obvious defects and transport damage upon fulfillment of the contract and to notify us and the carrier of any complaints as soon as possible. If you do not comply with this, this will of course have no effect on your statutory warranty claims.
10.4 Our customer service for questions, complaints and objections is available to you from Monday to Friday, in each case from 9 a.m. to 4 p.m. under e-mail: info(at)moskinto.de, telephone: (+49) 07464 980 282.
11 Final Provisions/Dispute Resolution
11.1 German law shall apply. In the case of consumers, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn (favorability principle).
11.2 The provisions of the UN Sales Convention shall expressly not apply.
11.3 The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at https://ec.europa.eu/odr. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
Part II - GTC for contracts with non-consumers/business customers (B2B):
1 General, scope of application, written form requirement
1.1 These General Terms and Conditions govern the contractual relationship between us, Apaloo GmbH, Riedweg 10, 78607 Talheim (hereinafter also referred to as "Apaloo" or "We") and our customers and shall apply to all future deliveries in their respective current version. These GTC do not apply to consumers according to § 13 BGB. Our "GTC for Contracts with Consumers" apply to consumers. Any deviating agreements made in individual cases shall only apply to the respective contract and not to future agreements between us. The contractual relationship existing between us shall be governed exclusively by these GTC. Therefore, we cannot recognize any regulations that contradict these GTC. With your contractual declaration, you acknowledge the exclusivity of these GTC. Anything else shall only apply if this has been expressly agreed in writing. We will inform you immediately of any changes to our GTC.
1.2 All amendments, supplements, ancillary agreements, in particular also information and undertakings by employees involved in the contractual relationship as well as third parties engaged by us with regard to these GTC and/or the separately concluded contracts must be made in writing (letter, fax, e-mail). The written form requirement shall also apply to the amendment or cancellation of this written form requirement.
1.3 Legally relevant declarations and notifications to be made by you to us after conclusion of the contract (e.g. setting of deadlines, notifications of defects, declaration of withdrawal or reduction) must be made in writing (letter, fax, e-mail) to be effective.
2. Conclusion of contract
2.1 All offers presented on our website and in print media are non-binding. This also applies to catalogs, technical documentation or other product descriptions or documents sent to you - also in electronic form.
2.2 Upon your request, we will send you our product price list or provide you with a written offer (by letter, fax, e-mail), from which the details, in particular the subject of performance, purchase price and delivery period, will result.
2.3 On the basis of the product price list, you can place a binding order in writing or verbally, which we can accept within 10 working days either by written declaration or by dispatching the goods. If we provide you with a written offer, you may accept it in writing or verbally within 10 days.
3. delivery, transfer of risk, acceptance, default of acceptance
3.1 The place of performance and fulfillment is our warehouse. Delivery shall be made ex warehouse. At your request and at your expense, the goods shall be shipped to a destination named by you (sale by delivery to a place other than the place of performance). Unless otherwise agreed, we are entitled to determine the type of shipment (in particular transport company, shipping route, packaging) ourselves.
3.2 The risk of accidental loss and accidental deterioration of the goods shall pass to you at the latest upon handover. However, in the case of sale by delivery to a place other than the place of performance, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay shall pass to you upon delivery of the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. The handover or acceptance is the same if you are in default of acceptance. If you are in default of acceptance, if you fail to cooperate or if our delivery is delayed for other reasons for which you are responsible, we shall be entitled to demand compensation for the resulting damage including additional expenses (e.g. storage costs). For this purpose, we shall charge a lump-sum compensation in the amount of 1% of the order value, but not more than € 25 per calendar day, beginning with the delivery deadline or - in the absence of a delivery deadline - with the notification that the goods are ready for shipment. The proof of a higher damage and our legal rights (in particular compensation of additional expenses, reasonable compensation, withdrawal) shall remain unaffected; however, the lump sum shall be credited against further monetary claims. You shall be entitled to prove that we have incurred no damage at all or only significantly less damage than the above lump sum.
4. delivery period and delay in delivery
4.1 If no individual delivery period has been agreed, the delivery period shall be 10 weeks from the conclusion of the contract.
4.2 If we are unable to meet binding delivery deadlines for reasons for which we are not responsible (e.g. non-availability of the service from our raw material supplier, operational disruptions, strikes, transport delays at persons commissioned to dispatch the goods, shortage of energy and raw materials, delays in official approvals), we shall inform you of this immediately and at the same time inform you of the expected new delivery deadline. If the goods are also not available within the new delivery period and/or we ourselves are not supplied, although we have placed congruent orders with reliable raw material suppliers, we may withdraw from the contract in whole or in part. In the event of our withdrawal, we are obliged to inform you immediately about the non-availability of the service and will immediately refund any consideration already paid.
4.3 The occurrence of our delay in delivery shall be determined in accordance with the statutory provisions. The provision pursuant to clause 3.2 (transfer of the risk of delay) shall remain unaffected. In any case, however, a reminder by you shall be required. If we are in default of delivery, you may demand lump-sum compensation for the damage caused by the delay. The lump-sum compensation shall amount to 0.5% of the net price (delivery value) for each full calendar week of the delay, but in total not more than 5% of the delivery value of the goods delivered late. We reserve the right to prove that you have not suffered any damage or that the damage is significantly less than the above lump sum.
4.4 Your rights pursuant to Section 8 of these GTC and our statutory rights, in particular in the event of an exclusion of the obligation to perform (e.g. due to impossibility or unreasonableness of performance and/or subsequent performance) shall remain unaffected.
5. Prices and terms of payment
5.1 Our prices are exclusive of the statutory value added tax and the transport and/or shipping costs incurred, which are usually shown in our offer.
5.2 We cannot assume any customs duties, fees, taxes and other public charges. We do not take back transport packaging and all other packaging in accordance with the Packaging Ordinance; it becomes your property.
5.3 Unless expressly agreed otherwise, the purchase price shall be paid in advance within 14 days after conclusion of the contract. If no advance payment/down payment has been agreed, the purchase price shall be due and payable on the payment date stated in the invoice or, in the absence of an express payment deadline, within 14 days of receipt of the invoice and dispatch or acceptance of the goods. Upon expiry of the aforementioned payment deadline, you will be in default. During the period of default, interest shall be charged on the purchase price at the statutory default interest rate applicable at the time. We reserve the right to assert further damage caused by default. With respect to merchants, our claim to the commercial due date interest rate (§ 353 HGB) shall remain unaffected.
5.4 You shall only be entitled to rights of set-off or retention insofar as your claim has been legally established or is undisputed. In the event of defects in the delivery, your counter rights shall remain unaffected, in particular pursuant to Section 8 of these GTC.
5.5 If, after conclusion of the contract, it becomes apparent that our claim to the purchase price is jeopardized by a lack of ability to pay (e.g. by an application to open insolvency proceedings), we shall be entitled to refuse performance in accordance with the statutory provisions and - if necessary after setting a deadline - to withdraw from the contract. In the case of contracts for the manufacture of unjustifiable items (custom-made products), we may declare withdrawal immediately; the statutory provisions on the dispensability of setting a deadline shall remain unaffected.
6. Retention of title
Until full payment of all our present and future claims arising from the purchase contract and an ongoing business relationship (secured claims), we retain title to the goods sold. The goods subject to retention of title may neither be pledged to third parties nor assigned as security before full payment of the secured claims. You must notify us immediately in writing if and to the extent that third parties seize the goods belonging to us.
7. Obligations of the buyer
7.1 Your cooperation is required so that we can execute our orders as agreed and calculate them correctly. We ask you to provide us in good time with all information relevant to the performance of our service(s), e.g. your company logo or the sales brand for the individualization of the goods. The agreed delivery can only take place once we have been provided with all the information necessary for the proper execution of the order. We ask for your understanding that we cannot accept any responsibility for delays that occur because you have not fulfilled your obligations to cooperate.
7.2 Please guarantee that the company logos or other trademarks sent by you for the individualization of the goods are free of third-party rights. You shall indemnify us upon first request against all claims of third parties which they assert against us due to the infringement of their rights. The indemnification shall also include the costs of our necessary legal defense including court and attorney's fees, also to a reasonable extent beyond the RVG.
8. Claims for defects / Withdrawal from the contract
8.1 The statutory provisions shall apply to your rights in the event of material defects and defects of title, unless otherwise stipulated below. In all cases, the special statutory provisions shall remain unaffected in the case of final delivery of the goods to a consumer (e.g. supplier's recourse pursuant to §§ 445a, 445 b, 478 BGB).
8.2 The basis of our liability for defects is above all the agreement reached on the quality of the goods. The product descriptions designated as such, which were provided to you prior to your order or were included in the contract in the same way as these GTC, shall be deemed to be an agreement on the quality of the goods. Insofar as the quality has not been agreed upon, it is to be judged according to the legal regulation whether a defect exists or not.
8.3 If we have provided you with a sample of the goods prior to the conclusion of the contract and a contract is concluded on the basis of the sample of the goods, you shall be excluded from all notices of defects which are not based on a deviation of the quality of the delivered goods from the quality of the sample of the goods. This shall not apply to defects of the sample of goods which you could not have detected even if you had exercised due diligence in the ordinary course of business.
8.4 If you order individualization of the goods, e.g. printing of the goods with a company logo or other brand (branding), we shall use the data you have provided for individualization without any changes. If the appearance of the individualization (e.g. colors or font sizes) deviates from your idea, these deviations shall not be deemed a defect if we have not processed/changed the data transmitted by you.
8.5 Your claims are subject to the condition that you have complied with your statutory obligations to inspect the goods and to give notice of defects within the meaning of the German Commercial Code (HGB). If a defect becomes apparent during the inspection or later, we must be notified of this in writing without delay. The notification shall be deemed to be made without delay if it is made within three working days of becoming aware of the defect, whereby timely dispatch of the notification shall suffice to meet the deadline. Irrespective of this obligation to inspect and give notice of defects, you shall notify us in writing of any obvious defects (including incorrect and short deliveries) without undue delay from the time of delivery, whereby timely dispatch of the notice shall also suffice to meet the deadline. If you fail to duly inspect the goods and/or notify us of defects, our liability for the defect not notified shall be excluded.
8.6 If the delivered item is defective, we shall be entitled to demand, at our discretion, either rectification of the defect (subsequent improvement) or delivery of a defect-free item (replacement delivery) as subsequent performance. We shall be entitled to make the subsequent performance owed dependent on you paying the purchase price due. However, you are entitled to retain a reasonable part of the purchase price in relation to the defect.
8.7 You shall give us the time and opportunity required for the subsequent performance owed, in particular to hand over the goods complained about for inspection purposes. In the event of a replacement delivery, you shall return the defective item in accordance with the statutory provisions. We shall bear the expenses necessary for the purpose of inspection and subsequent performance, in particular transport, travel, labor and material costs, if a defect is actually present. However, if a request to remedy a defect turns out to be unjustified, we may demand reimbursement from you of the costs incurred. In urgent cases, e.g. if operational safety is endangered or to prevent disproportionate damage, you have the right to remedy the defect yourself and to demand reimbursement from us of the expenses objectively necessary for this purpose. We must be notified immediately of any such self-remedy, if possible in advance. The right of self-execution shall not apply if we would be entitled to refuse a corresponding subsequent performance in accordance with the statutory provisions.
8.8 If the supplementary performance has failed or a reasonable period to be set for the supplementary performance has expired unsuccessfully or is dispensable according to the statutory provisions, you may withdraw from the purchase contract or reduce the purchase price. In the case of an insignificant defect, however, there is no right of withdrawal. Claims for damages or reimbursement of futile expenses exist only in accordance with Section 9 and are otherwise excluded.
9. Other liability
9.1 Unless otherwise provided in these GTC including the following provisions, we shall be liable for a breach of contractual and non-contractual obligations in accordance with the relevant statutory provisions.
9.2 We shall be liable for damages - irrespective of the legal grounds - in the event of intent and gross negligence. In the event of simple negligence, we shall only be liable a) for damages arising from injury to life, limb or health, b) for damages arising from the breach of a material contractual obligation (obligation the fulfillment of which makes the proper performance of the contract possible in the first place and on the observance of which the contractual partner regularly relies and may rely); in this case, however, our liability shall be limited to compensation for the foreseeable, typically occurring damage.
9.3 The limitations of liability resulting from para. 2 shall not apply insofar as we have fraudulently concealed a defect or have assumed a guarantee for the quality of the goods. The same shall apply to claims under the Product Liability Act.
10.1 In deviation from the statutory provisions, the general limitation period for claims arising from material defects and defects of title shall be one year from receipt of the goods by you. The above shall not apply to the special statutory cases in § 438 para. 1 nos. 1 and 2 BGB and also not if we have fraudulently concealed the defect giving rise to the claim.
10.2 The above limitation periods under the law on sales shall also apply to contractual and non-contractual claims for damages based on a defect in the goods, unless the application of the regular statutory limitation periods would lead to a shorter limitation period in individual cases. The limitation periods of the Product Liability Act shall remain unaffected in any case. Otherwise, the statutory limitation periods shall apply exclusively to the Purchaser's claims for damages pursuant to Clause 9.
11. Choice of law and place of jurisdiction
These GTC and all legal relations between us and you shall be governed by the non-uniform law of the Federal Republic of Germany, in particular excluding international uniform law, e.g. the UN Convention on Contracts for the International Sale of Goods. Prerequisites and effects of the retention of title according to clause 6 are subject to the law at the respective place of storage of the item, insofar as the choice of law made in favor of German law is inadmissible or ineffective thereafter. If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law or if you do not have a general place of jurisdiction in the Federal Republic of Germany, the exclusive - including international - place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship shall be our registered office in Tuningen. However, we are also entitled to bring an action at your general place of jurisdiction.