Terms and Conditions B2C
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A. Customer Information
1. Identity of the seller
Ape Labs GmbH
Landwehrstrasse 26
D-97249 Eisingen
represented by the managing director
Julius Schrenk
Telefon: +49 (0)9306-985392-0
Telefax: +49 (0)9306-985392-1
Email: info@apelabs.com
2. Website of the online service
3. OS platform
Consumer information according to Regulation (EU) No. 524/2013:
The European Commission provides a platform for online dispute resolution (ODR).
The platform can be found at
http://ec.europa.eu/consumers/odr/
Our email address can be found above under point 1. Seller's identity.
4. Essential characteristics of the goods or services
The essential characteristics of the goods and/or services are listed in the respective product description and in any supplementary information on our website.
5. Statutory Right of Withdrawal
Consumers are expressly advised of their statutory right of withdrawal for distance contracts, and reference is expressly made to the separate information regarding this right. Right to cancel refer.
There is no right of withdrawal and the declaration of intent to conclude the contract cannot be revoked for contracts for the supply of goods that are not prefabricated and for whose production an individual selection or specification by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
Entrepreneurs pursuant to Section 14 of the German Civil Code (BGB) and public corporations are not entitled to a right of withdrawal.
6. Consumer information pursuant to the Consumer Dispute Resolution Act
The seller is not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.
B. General Terms and Conditions (GTC)
Section 1 Contracting Parties | Scope of Application | Contract Language
(1) The contracting parties under the following General Terms and Conditions (hereinafter also referred to as “GTC”) are Ape Labs GmbH (hereinafter referred to as “Seller”) and the customer, if the customer orders goods directly from the Seller.
(2) These terms and conditions do not apply if the customer purchases goods manufactured by the seller directly from “Thomann” (Thomann GmbH, Amtsgericht Bamberg HRB 5862, Hans-Thomann-Straße 1, 96138 Burgebrach, Germany). https://www.thomann.de/de/index.htmlThomann and its affiliated companies (within the meaning of Sections 15 et seq. of the German Stock Corporation Act (AktG) are hereinafter referred to as the "Thomann Group") are appointed as the supplier. In this case, the contractual content between the customer and the Thomann Group company is governed by the agreements between the customer and the Thomann Group company and any general terms and conditions incorporated therein.
(3) For the purposes of these General Terms and Conditions, a customer is only a consumer within the meaning of Section 13 of the German Civil Code (BGB) who concludes the legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity.
(4) These General Terms and Conditions do not apply to entrepreneurs as defined in Section 14 of the German Civil Code (BGB). Entrepreneurs as defined in Section 14 of the German Civil Code (BGB) can obtain the General Terms and Conditions applicable to them upon request.
(5) Further information on the contact details and legal representation of the seller can be found in the provider identification. Imprint.
(6) These General Terms and Conditions govern the sale of products from the seller to the customer, in particular via the online offer on the website specified above, unless the sale takes place via a website of the Thomann Group. The customer must accept the following General Terms and Conditions in their version valid at the time of the order during the ordering process.
(7) Any differing general terms and conditions are hereby rejected. Provisions other than those contained herein shall only be effective if expressly agreed upon in writing by a representative of the seller authorized to manage the business and the respective customer. All communication relating to declarations relevant to the contract shall be in German.
§ 2 Conclusion of contract
(1) The seller's offers on the website are always non-binding and subject to change and merely represent an online catalogue with a non-binding invitation to the customer to order goods from the seller.
(2) By submitting an order, the customer makes a binding offer to conclude a purchase agreement. For orders placed via the website, the order is only binding if it is placed by clicking the "Place order" button at the end of the ordering process. Input errors can be corrected before confirming the order by going back in the ordering process.
(3) The seller is entitled, but not obligated, to accept this offer within a period of seven calendar days by sending an order confirmation or by sending the ordered goods. The order confirmation will be sent by email. After the expiry of this period without acceptance, the customer's offer will be deemed rejected.
(4) We will confirm receipt of your order placed via our online shop immediately by email. Such an email does not yet constitute a binding acceptance of the order in the sense of a contract being concluded, unless it explicitly states acceptance in addition to confirming receipt.
(5) Should the order confirmation or any other legally binding declaration by the seller contain typographical or printing errors, or should the pricing be based on transmission errors, the seller is entitled to contest the declaration on the grounds of error, with the burden of proof regarding the error lying with the seller. Any payments received will be refunded immediately in this case.
(6) The seller will store the contract text and make it available to the customer. The customer can view the details via their own account in our customer portal for the first 60 days after the conclusion of the contract and, if necessary, download, print, or save them via their browser. After this period, the contract text will no longer be accessible.
§ 3 prices
(1) All prices quoted include the applicable statutory value added tax but exclude packaging and shipping costs at the time of ordering.
(2) Packaging and shipping costs will be charged separately unless otherwise stated. The amount of the packaging and shipping costs can be found on the information page. Shipping costs summarized.
(3) All prices quoted, including those for packaging and shipping, are valid only at the time of ordering. With changes and updates to the website, all previous prices and other information about goods become invalid. The version valid at the time of ordering is always authoritative.
(4) Additional services and special arrangements that cannot be booked directly via the website, such as commission or express delivery, always require a separate agreement and will therefore be charged separately.
§ 4 Terms of Payment
(1) Payments are made using the methods offered during the order process, e.g., prepayment (bank transfer in advance), credit card, cash on delivery, cash payment upon collection, instant bank transfer, invoice, or PayPal. The seller reserves the right not to always offer all or possibly additional payment methods during the order process and to subsequently exclude payment methods where the economic risk initially remains with the seller, based on the results of a credit check. Furthermore, the seller reserves the right to reject the customer's offer and to withdraw from the contract if the seller's claim to the purchase price is at risk.
(2) At the moment of payment via PayPal, the consumer enters into a contract with the seller.
§ 5 delivery conditions
(1) Delivery shall be made by shipment from the warehouse to the delivery address provided by the customer.
(2) The availability of the goods and the delivery date are indicated on the website or in the order confirmation, if such information is included therein. Delivery dates are non-binding estimates unless a binding delivery date is expressly agreed upon in writing between the seller and the customer or confirmed by the seller in writing.
(3) Should a product ordered by the customer unexpectedly be unavailable despite timely ordering for reasons beyond the seller's control, the seller will inform the customer immediately of the unavailability and, in the event of cancellation, will promptly refund any payments already made by the customer.
(4) If the seller is in default of delivery or delivery becomes impossible for reasons attributable to the seller, and this is not due to intent or gross negligence, liability for damages due to the delay in delivery is excluded. Further claims of the customer remain unaffected.
(5) If delivery delays are due to reasons beyond the seller's control, in particular force majeure or the fault of third parties, the non-binding delivery period will be extended accordingly. The customer will be informed of this without undue delay. If the causes of the delay persist for more than four weeks after the conclusion of the contract, each party is entitled to withdraw from the contract.
(6) Unless otherwise stated, delivery is subject to a flat-rate packaging and shipping charge (Section 3, Paragraph 2), the exact amount of which is specified separately for each delivery.
(7) In the case of a consumer goods purchase, the seller bears the risk of accidental loss or accidental deterioration during transport.
§ 6 Retention of title
(1) The goods ordered shall remain the property of the seller until full payment of the order has been received.
(2) Prior to the transfer of ownership, resale, letting, pledging, transfer of ownership as security, processing, other disposal or modification is not permitted without the express written consent of the seller.
§ 7 Warranty
(1) The statutory warranty rights apply, subject to the following provisions.
(2) Note: Damage caused by improper or non-contractual actions of the customer, e.g., during setup, assembly, connection, operation, or storage, does not give rise to any claim against the seller. Improper and non-contractual actions are determined in particular by the manufacturer's instructions.
(3) When purchasing a used item, the customer's claims for subsequent performance expire one year after receipt of the goods. This reduction of the limitation period to one year does not apply to claims by the customer arising from non-compliance with a warranty, fraudulent concealment of a defect, intentional or grossly negligent breach of duty, culpable injury to life, body or health, mandatory liability under the Product Liability Act or other mandatory liability.
(4) In the event of obvious defects or transport damage, the customer is requested to notify the seller immediately. This facilitates the seller's potential assertion of further claims against their own supplier. If the customer is a consumer, the failure to report the defect immediately naturally has no effect on their warranty rights.
(5) Please do not return defective goods freight collect. Upon request, we will send a return label for free return shipping.
§ 8 Liability
(1) In the event of death, personal injury, or bodily harm, the seller shall be liable in accordance with statutory provisions. Liability under the Product Liability Act or other mandatory provisions shall remain unaffected. The seller shall also be liable in accordance with statutory provisions for breach of a warranty or for fraudulent concealment of a defect by the seller.
(2) Otherwise, except in cases of culpable breach of a material contractual obligation, the seller shall only be liable in cases of intent and gross negligence. In the case of a breach of material contractual obligations caused by simple negligence, liability shall be limited to the typical damage foreseeable at the time of conclusion of the contract. A material contractual obligation is an obligation that, according to the content and purpose of the contract, is specifically intended to be imposed on the seller or whose fulfillment is essential for the proper performance of the contract and on whose compliance the customer regularly relies and may rely.
(3) Insofar as an attributable breach of duty is based on simple negligence and a material contractual obligation is culpably breached, the seller’s liability for damages shall be limited to the foreseeable damage that typically occurs in comparable cases.
(4) In other cases of simple negligence, the seller's liability is excluded.
§ 9 Data protection
Data processing is carried out in accordance with applicable data protection law, which is determined by the location of the data processing entity, i.e., the General Data Protection Regulation (GDPR), the Federal Data Protection Act (BDSG), the Digital Services Act (DDG), and the Telecommunications Digital Services Data Protection Act (TDDDG). For further information, please refer to the data protection notice. Privacy policy.
Section 10 Invalid Clauses | Jurisdiction | Applicable Law
(1) Should one or more provisions of these General Terms and Conditions be invalid, this shall not result in the invalidity of the entire contract or the remaining provisions of these General Terms and Conditions.
(2) If the customer is a merchant, a legal entity under public law, or a special fund under public law, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. The same applies if the customer has no general place of jurisdiction in Germany, has moved their domicile or habitual residence abroad after conclusion of the contract, or if their domicile or habitual residence is unknown at the time the action is brought.
(3) The laws of the Federal Republic of Germany shall apply to the conclusion and performance of all contracts. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded. This does not affect mandatory provisions of the state in which the customer, if a consumer, has his or her habitual residence at the time of conclusion of the contract.