Terms and Conditions

www.aepell.com
Last updated: April 2021

The business relationship between aepell GmbH (hereinafter “aepell,” “we,” “us,” or “our”) and the buyer of our products and visitor of our Website (hereinafter “Customer,” “you,” or “your”) shall be subject exclusively to these General Terms and Conditions (together with any documents they expressly incorporate by reference, collectively, “GTC”) as applicable at the time the order is placed. Conflicting terms of business or purchase of the Customer shall only be deemed recognized if explicitly agreed to in writing between aepell and the Customer. Please read the GTC carefully before you start to use the Website or order a product.

Ordering products on our Website requires that you agree to the validity of these GTC. We will remind you again at checkout. The current version of the GTC can be downloaded and printed under Terms and Conditions. The date the GTC were last revised is identified at the top of the page. We are entitled to change these GTC at any time. If we make significant changes to the GTC, we will inform you by e-mail. If you do not object to the applicability of the amended GTC within 14 days after receipt of the notification or if you continue to use the customer account after the expiry of this objection period, the amended GTC shall be deemed accepted. You are responsible to ensure that we have an up-to-date and active email address from you and to periodically visit our Website to check for any changes.

1. CONCLUSION OF CONTRACT

a. Offer and Correction

The presentation of our products in our online shop does not constitute a binding sales offer by us. It is merely an invitation to the Customer to submit a binding purchase offer. By clicking the order button at the end of checkout, the Customer submits a binding offer to conclude a purchase contract with aepell GmbH. The Customer may only submit an offer, if he agrees to the validity and applicability of these GTC. A purchase contract is concluded only after our acceptance of the Customer’s offer. We are not obliged to accept purchase offers from any Customer and may refuse acceptance at any time for no reason. In this case, we will inform the Customer about the non-acceptance of the offer by e-mail. Payments already made by the Customer will, of course, be refunded.

The Customer may only place an order if all mandatory fields marked with * in the order or checkout form are populated. As described above, this also includes the Customer’s acceptance of these GTC. If any information is missing or if we cannot fulfill the order for any other reason, the Customer will receive an error message. Before the final submission of the order, the Customer is given the opportunity to correct his order.

b. Customer and Visitor

We are not obliged to accept or provide our products to new customers. Being a visitor of our Website is free of charge. No visitor is obliged to order any goods or products. Every visitor is obligated to use the Website and the associated online store in accordance with the applicable GTC.

c. Confirmation of Receipt

As soon as the order process is completed, the Customer will be notified (order confirmation). This does not constitute an acceptance of the Customer’s offer on our part, but is only intended to inform the Customer that his order has been received. Once we have received the order, the Customer will be notified of the receipt of his order via the e-mail address he has provided. This notification also does not constitute an acceptance of the customer’s offer on our part.

d. No Sale to Minors

aepell does not offer any products for purchase to minors. Your order also functions as assurance that you are of legal age. We do not accept any liability for orders of our products placed by minors.

e. Retention of Title

The goods remain the property of aepell GmbH until full payment has been received. If the Customer defaults on his or her payment, we are entitled to assert our rights arising from the retention of title. It is agreed that the assertion of the retention of title shall not constitute a rescission of the contract unless we expressly declare the rescission of the contract.

f. Contract Language

The language of the contract shall be German. In case of any inconsistencies or discrepancies between this English version and the German version, the German version shall prevail. The German version is accessible under Allgemeine Geschäftsbedingungen.

g. Availability

We are not obliged to keep our offer permanently available. If the goods ordered by the Customer are no longer available or longer delivery delays are foreseeable, we will refund any payments.

2. PRICES

a. Prices

The prices shown in the online store at the time of the order apply. All prices are inclusive of VAT. If, contrary to our best efforts, prices are incorrectly shown on our Website, we will immediately inform you of the incorrect price and offer you the opportunity to decide whether you wish to purchase the products at the corrected price or revoke your offer. If you do not decide within 7 days, we will cancel the order and inform you by e-mail.

b. Shipping and Delivery

The shipping costs are available at the following link: Shipping and Delivery. If we deliver to a non-EEA country, the Customer is responsible and required to pay all import and export charges including any customs duties, fees and taxes related thereto. Further details on shipping costs, deliveries, delivery times, etc. can be found in our Shipping and Delivery Policy, which is hereby expressly incorporated by reference.

c. Payment Methods

Payment can be made by credit card or by using vouchers or discount codes. We reserve the right to exclude or discontinue the offer of certain payment methods at any time. An external payment service provider (typically Stripe) is responsible for the processing of your payment. The Customer is liable for any additional costs incurred due to his fault in the use of the respective selected payment method, for example, due to chargebacks. In the case of payment by credit card, the credit card will be charged after receipt of the order. For payment with vouchers, the voucher conditions below apply.

d. Voucher and Discount Codes

Voucher and discount codes (collectively “Codes”) can be used when purchasing products on the Website. You may redeem a maximum of one Code per order. It is not possible to combine multiple Codes. Unless otherwise agreed, each Code can be used only once by each customer.

It is not possible to convert vouchers or discount codes to a cash payment or to retroactively credit Codes to orders that have already been placed. We assume no liability for any loss, theft, destruction or delayed transmission (e.g. due to technical difficulties) of Codes. In case of returns, only the reduced purchase price will be refunded. There is no right to a refund of the discount. We reserve the right to exclude certain products from code redemption. Codes are redeemable and valid only for a limited period of time. An extension of this period is not possible. Codes are not transferable to other persons.

3. NO RIGHT OF WITHDRAWAL

There is no right of withdrawal (right of rescission) because our products (a) represent sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery and (b) are made to Customer specifications or tailored to the Customer’s personal needs.

4. USE OF OUR WEBSITE

a. Definition

The term „Website“ includes all Websites operated by us, including www.aepell.com and www.aepell.de and the associated online shops.

b. Accessing the Website

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy.

c. Account Security

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion if, in our opinion, you have violated any provision of these GTC.

d. Intellectual Property

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by aepell, its licensors, or other providers of such material and may be protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

e. Commercial Use

These GTC permit you to use the Website for your personal, non-commercial use only.

5. LIABILITY

a. Condition of Products

The appearance of our products may vary in color and design in relation to the image on our Website and social media channels. Among other things, we use natural ingredients whose quality and color are naturally subject to fluctuations. Thus, there may be differences from product to product. The packaging of the products may also differ in color and design in relation to the images on the Website.

b. Warranty

Austrian statutory warranty rights apply. Complaints based on statutory warranty claims or other complaints can be handled via e-mail at hello@aepell.com or via the contact details listed on Legal Notice. We do not grant any guarantees or warranties beyond the statutory warranty.

c. Liability

aepell shall be liable without limitation for damages caused by it, by its legal representatives or by aepell’s agents (“Erfüllungsgehilfen”) resulting from injury to life, body or health (personal injury) as well as for all damages caused intentionally or by gross negligence (“Vorsatz oder grobe Fahrlässigkeit”). In addition, aepell shall be liable for the slightly negligent breach of essential obligations, the breach of which endangers the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which enables the proper performance of the contract in the first place and the compliance with which the Customer regularly relies on (collectively, “wesentlichen Pflichten”). In this case, however, aepell shall only be liable for foreseeable damages characteristic for this type of contract.

aepell shall not be liable for slight negligence other than those mentioned in the preceding sentences. In addition, aepell shall not be liable for delays or breaches of contract if the delay or breach is caused by force majeure or events beyond aepell’s control. Events beyond aepell’s control include, but are not limited to, strikes or other industrial events, civil uprisings, invasions, terrorist attacks or threats, war or preparations for war, fire, explosion, storm, flood, earthquake, landslides, epidemics, pandemics or other natural disasters or failures of private or public telecommunications networks, rail transport, sea freight, air freight, freight forwarding or other public or private transport.

Furthermore, aepell does not guarantee the availability of the Website or the accuracy, timeliness, correctness or completeness of the information contained on thereon.

6. MISCELLANEOUS

a. Data Protection

The applicable provisions regarding the processing of personal data can be found in our Privacy Policy, which is hereby incorporated by reference.

b. Applicable Law

These GTC and all legal disputes arising from them shall be governed by the laws of the Republic of Austria, excluding the UN Convention on Contracts for the International Sale of Goods. In dealings with end consumers within the EU, the law of the end consumer’s place of residence shall be applicable, insofar as it is mandatory under applicable law.

c. Jurisdiction

Vienna (Austria) shall be the exclusive venue for all disputes arising from or in connection with contractual relationships between the Customer and aepell.

d. Online Dispute Resolution

Customers have the possibility to submit complaints to the online dispute resolution platform of the EU: http://ec.europa.eu/odr.

You can, of course, also send any complaints directly to hello@aepell.com. We are not required, nor willing to participate in a dispute resolution procedure before the consumer arbitration board.

e. Severability clause

If one or more provisions of these terms and conditions are invalid, the remaining provisions shall remain unaffected. The invalid provisions shall be replaced by the statutory provisions.