The website “www.appics-store.com” is an e-commerce store for the sale of products and services via the Internet (hereinafter referred to as ‘e-shop’ or ‘website’) created and operated by the company under the corporate name “APPICS AG”, located at Baarerstrasse 10, 6302 Zug, Switzerland. These Terms and Conditions shall apply to the use of the e-shop with domain name www.appics-store.com. Any user who enters and trades or makes use of the services of the e-shop (hereinafter referred to as ‘visitor’ and / or ‘user’ and / or ‘customer’) is deemed to consent and accept unconditionally the Terms and Conditions stipulated herein without exception. If a user does not agree with these terms, they must refrain from visiting, using the website as well as performing any transaction or use of the e-shop services.
General Terms and Conditions
The Company reserves the right to modify or revise freely the Terms and Conditions governing the operation of the e-shop whenever it may deem necessary, and undertakes to inform users of any change through the pages of this e-shop. Any modifications will be effective from the date of posting on this website. It is clarified that any change to these Terms and Conditions does not affect orders that the customer has already placed prior to the entry into force of the abovementioned modifications. The use of www.appics-store.com following a modification is deemed to be an acceptance of the Terms and Conditions as amended. Contracts made with the e-shop are compiled in english.
Information and Products Provided
The Company is committed to the accuracy, validity and completeness of the information provided in the e-shop regarding both the Company’s identity and the transactions performed via the e-shop. The Company, acting in good faith, is not responsible for and is not bound by electronic data entries made by error / omission and is entitled to correct them whenever it becomes aware of their existence. These warranties are without prejudice to any technical or typographical errors that cannot be predicted or have occurred inadvertently or due to a malfunction of this website or due to force majeure.
Limitation of Liability
The Company is not responsible for and is not liable for any damage or loss arising from the cancellation of orders, from non-execution or from delay in their execution for any cause in the course of its transactions via the e-shop.
In the context of good faith and business ethics, the Company is not obliged to accept an order and conclude the sale of products and / or services that, due to typographical or computer error, appear in the e-shop at an incorrect price, i.e. less or higher than the price applicable to that period. In the event that such an order error is discovered in only part of the ordered products, then the order is valid and is normally executed for the remaining products and is only considered incomplete for the products in which the error was detected, unless the items in the order are relevant and due to be used as a single set and act as a unit with each other and the customer declares that the partial fulfilment of the order does not meet its needs or interests, in which case the Company is required to cancel the entire order.
Intellectual Property Rights
All content of the e-shop, including discrete titles, trademarks, images, graphics, photographs, drawings, texts, etc. constitute the intellectual property of the Company and are protected under the relevant provisions of German law, European law and international conventions or are the intellectual property of third parties for which the Company has been licensed for its own exclusive needs and for the operation of the e-shop. Any copying, transfer or creation of derivative works based on this content or misleading the public about the real provider of the e-shop is prohibited. Reproduction, re-issue, upload, announcement, dissemination or transmission or any other use of the content in any manner or medium for commercial or other purposes is permitted only with the prior written consent of the Company or any other copyright holder. The names, images, logos and distinctive features listed and described in the e-shop or the products or services of the Company or of third parties are assets of the Company or third parties respectively and are protected by the relevant trademark laws.
Availability of Products
The customer is informed about the availability of products through the indications posted on the webpage of each product or service in the e-shop. The products are divided into available and others that are not currently available in the Company’s warehouse. www.appics-store.com has adopted all necessary technical and other means to promptly update the available quantity of our products, however it maintains an express reservation regarding the validity of the quantity of products available in the e-shop.
The Company reserves the availability of its products if they are not available at the time of the order. In this case, the Company reserves the right not to accept the order. Any payments will be refunded to the customer without undue delay, in the same way that the customer has chosen to pay for their order. Special cases of availability are products on offer / discount. The prices of these products shall be valid until stocks are exhausted. These products are strictly available on a first-come first served context in the execution of orders.
The Company reserves the right to inform customers in the event of an unavailability (after the customer’s order has been placed) of any kind product. In this case, if it is considered that the delay in fulfilling the order makes the transaction unprofitable for the customer, the customer is entitled to unilaterally cancel the order by sending a written statement (e-mail at [email protected]) and the cancellation will occur without any penalty for the customer.
If the non-availability concerns only part of the items of an order, the remainder of the order is executed as usual unless the items in the order are relevant, will be used as a whole and are incidental to each other and the customer declares that partial fulfilment of the order does not serve its needs or interests, and therefore, the Company must cancel the entire order.
User registration at www.appics-store.com is optional. The customer by using their unique combination of email and password they have chosen and provided, have the following capabilities:
View the contents of their shopping cart. The shopping cart displays the products the customer has chosen to order.
Complete the order and pay by choosing one of the payment options provided by the e-shop.
View their past orders.
Modify their account details.
The registration and participation of the user is free of charge, personal, non-transferable and non-assignable. The user is responsible for the information it provides to the Company and the website is solely based on its statements regarding its personal data. The data entered at the time of registration must be complete, accurate and up-to-date. In the event of a change in the data provided, the user is obliged to immediately update its profile at www.appics-store.com so that it is always complete and accurate. The user’s registration at the e-shop is successfully completed with a confirmation e-mail sent by the Company to the user’s e-mail address.
The newsletters that the website user receives by subscribing to the relevant mailing lists are intellectual property of the Company and are therefore protected by the relevant provisions of German law and international conventions. The Company reserves the right to not include a user to its recipient lists or to delete them.
www.appics-store.com is not responsible if newsletters are not delivered to their destination, although they make every effort to deliver them via the Internet Service Providers (ISPs). Newsletters may end up in the ‘Spam’ folder. If the user wishes to no longer receive newsletters or wants to be deleted altogether from the website newsletter list, they may notify the Company using the website’s contact form or through the corresponding link that appears in the newsletter emails which they receive (Opt-out).
Purchase Procedure – Order Submission via the E-Shop
The user of the e-shop, if it wishes to place an order, may either follow the user registration procedure as described above or continue as a guest. In order to submit an order, the user must complete the online order form. The order is not binding on the Company until the Company confirms its acceptance as below. Prior to the submission of the order, the following are disclosed to the customer as well as the Terms and Conditions, which they declare to have explicitly acknowledged and accepted, namely:
The characteristics of the goods and services ordered as explicitly described in the pages of the e-shop visited by the user and resulting from the use of the links to their online order, which the user must use to check each relevant characteristic, before completing their order to avoid having any doubts about the characteristics and properties of the products and services ordered. Failure of the customer to get adequately informed does not in any way bind the Company and is the customer’s sole responsibility.
Full name, headquarters, postal address, VAT, contact telephones, email address and company’s registration number (GEMI number).
The total price of the order’s goods or services, including VAT and any other charge and all additional shipping, delivery or mail charges (also featured in the order) and any other expense. Where such charges cannot reasonably be calculated in advance, the fact that such additional charges may be required is also disclosed to the body of the order and the customer must be aware of these charges before completing the order. The listed product prices on each product’s website are always the final ones (including the applicable VAT) and are valid for sale from the online store and delivery of the products to the customer. The prices of each product in the online store do not include shipping costs, which are then calculated on the order page based on the relevant section of these Terms and Conditions. If the shipping costs cannot reasonably be calculated in advance due to the specificity of the place of delivery, the reservation for an additional shipping cost is stated in the order and these are later calculated, disclosed to the customer and requested to be accepted before the final acceptance of the order by the Company.
Payment arrangements, delivery, execution, or time limits within which the Company undertakes to deliver the goods or provide the services and, where applicable, the Company’s policy to deal with the complaints, the conditions, the exceptions, the deadline and the procedures for exercising the right of withdrawal.
Where applicable, the existence and conditions of after-sales customer support, after-sales service and commercial warranty.
Where applicable, the possibility of electronic dispute resolution, as well as the possibility of recourse to an out-of-court complaints and redress, as well as the ways of accessing it.
The obligation to pay following submission of the order by activating a selection icon with a legible mark that says ‘Order with a Payment Obligation’.
Whether delivery restrictions apply and which means of payment are accepted.
Where applicable, the purpose of the processing, the recipients or categories of recipients of the customer’s personal data, as well as the existence of a right of access and opposition.
10. Confirmation of Order Receipt
Each user’s order is always followed by an automated e-mail message, within a few hours, on behalf of the Company, including confirmation of receipt of the order and repeating its contents. This e-mail on behalf of the Company is only a confirmation that the order has been received with the content mentioned and in no case constitutes acceptance of the order or agreement of sale terms. No modification of the order or a new agreement on it is acceptable unless it is in writing and accepted by both parties. The confirmation of receipt of the order can also be made by phone, if the customer so agrees or if an item is not immediately available and a delivery time agreement is required.
Placing an order via the e-shop constitutes the conclusion of a distance selling contract regulated by the legislative framework of German Law, as amended and in force.
The customer has the ability to make a valid order through the e-shop if they are legally able to comply with the articles of the German Civil Code (if they have reached the age of 18 and are not in legal aid for the conclusion of a sales contract). Orders can be made by representatives of legal entities while the Company reserves the right to claim from the supervisor or guardian any orders made by legally incapacitated persons.
11. Order Acceptance – Creation of Sales Contract
Upon receipt of the order and its abovementioned confirmation of its receipt, if the Company determines the availability of the item and the correctness of the order and the absence of any errors in the e-shop regarding the pricing of the items, their characteristics etc., via a new e-mail the Company will confirm the acceptance of the order, its content, the creation of a sale contract and the expected delivery time of the item as it was already stipulated, and only then is a sales contract established and can give rise to claims from both sides. If the issue of customer acceptance of an additional shipping charge is pending, it is always agreed upon prior to the final acceptance of the order by the Company via telephone contact with the customer. In the event that the delivery area is not covered by the Company’s distribution network, the customer is informed in advance of the charging of the shipment and undertakes any relevant obligation to the carrier. The Company is exempt following delivery of the item to the carrier chosen by the customer. No additional cost on the order is charged to the customer without their explicit consent.
Sending the order for approval to the Company is a declaration of acceptance and consensus for all charges that are included in the order. If there is no consensus, the customer is entitled to a refund of this payment. Also in the event of delivery of unsolicited products or services, their non-repudiation or failure to return them and the customer’s indifference is in no way interpreted as consensus, acceptance, or declaration of willingness to purchase them. If the customer is requested to return the goods by the Company and they delay delivering the items for return for more than two (2) business days then their refusal shall constitute a declaration of intention to purchase the items and the items are considered sold to the customer and the customer must pay their value in cash.
12. Pricing Policy
The e-shop www.appics-store.com reserves the right to change prices without prior notice to the customer. Irrespective of price fluctuations, the customer always pays the value stated on the product at the time the order is completed.
13. Payment Methods
The following payment methods are acceptable for transactions through the e-shop:
A) By Debit or Credit Card
The customer can pay the order price and other agreed charges by credit card (Visa (Credit, Debit, Business), Mastercard (Credit, Debit, Business, Maestro), Diners (International), American Express/Diners issued by Alpha Bank και American Express (International)) or by debit or by prepaid card issued by a recognized German or foreign bank, which the Company accepts for trading. In order to ensure the absolute security of electronic transactions through credit and debit cards, the transactions are made through Alpha Bank’s security system. Payment is made one-off.
The credit card is only charged following a check and verification of its data during the approval and acceptance of the order stage on behalf of the Company that involves the preparation of the sale (the charge can then be made even if one or some of the items are not readily available and must be ordered by suppliers). The customer is solely responsible for the correct recording and the validity of the credit card details and the Company assumes no liability in the event of an error.
14. Shipping Methods
Orders are shipped via courier. When entering the order, the customer chooses the postal address to which the order will be sent. Once the order entry is completed, e-mails are automatically sent to the customer including the analysis of their order.
Orders for available products shipped both inside and outside the European Union are delivered within ten (10) business days.
The Company is not responsible for delays in deliveries caused by weather, international customs issues or any other circumstances beyond its control. If the delivery is required before or on or after a certain deadline, the customer must state this in a comment in the order However, the Company does not undertake to deliver within the above deadline and will inform the customer by e-mail when sending the order acceptance confirmation.
The delivery time of the products and services sold is specified in the order depending on availability, confirmed in the acceptance of the order by the Company, and is no more than thirty (30) days from the time of the sale, unless otherwise agreed by the parties and confirmed in writing, by e-mail. If such time is not agreed and confirmed for any reason in the above manner, delivery will take place no later than thirty (30) days after acceptance of the order and establishment of the sale contract. In the event of an unforeseeable and unpredictable impediment to the delivery of a product / products, the Company may postpone the delivery of all or part of the products and services by a written declaration (e-mail) to the customer (at the same time, a telephone update will be provided), provided that the total standby time, together with the postponement, does not exceed thirty (30) days from the date of approval of the order and establishment of a contract of sale. Otherwise, if the deadline of thirty (30) days is exceeded due to the Company’s failure or inability to perform delivery of the products to the customer, then, only the customer will be entitled, if they so wish, to set a new second delivery deadline in excess of thirty (30) days (such a new deadline is not necessary if the Company denies delivery in general, or if the delivery served the client’s interests only if it was within the legal deadline of thirty (30) days and provided the customer had informed the Company accordingly). If the additional deadline set by the customer is not respected, then the customer is entitled to terminate the contract of sale for arrears. The remainder of the order is normally executed unless the items on the order are relevant, will be used as a whole and are incidental to each other and the customer declares that partial fulfillment of the order does not serve its needs or interests, and the Company must cancel the entire order.
15. Order Delivery Charges
The shipping costs of products to foreign countries are calculated as follows:
Shipping is free for all orders over:
For shipping cost on other orders, please see details below:
Germany EUR 2.90
European Union EUR 3.90
Great Britain GBP 4.90
Switzerland CHF 9.90
Other European countries USD 9.90
USA USD 4.90
Canada CAD 14.90
Australia AUD 14.90
Japan JPY 1200
Rest of the world USD 19.90
16. Return Policy
In the event of any defect in any product, the customer may notify the Company by e-mail at [email protected] indicating the defect of the product. Any return of the goods will have to be completed within fourteen (14) calendar days from the date of receipt of the defective product and must be made via the courier company associated with the e-shop.
Returns outside Germany will be made with charge to the customer.
If the product is indeed found to be defective, the customer may request a refund of the product.
Return of product at the Company’s charge is also acceptable in the following cases:
In all cases where the order was incorrectly executed (ordering, billing, or shipping). In this case, the customer must not accept receipt of the order from the outset.
If the item, upon delivery, has damaged packaging, wholly or partly.
In the case of damaged packaging, the customer is entitled not to accept receipt of the product from the outset and to request its replacement in consultation with the Company.
In the case of returns, charged to the Company, the products must be returned to the same condition they were received by the customer and at the agreed timeframe. Any delay on the part of the customer is justified only for reasons of force majeure, otherwise the right of replacement is lost.
In all cases, the product to be replaced must be returned with all its accompanying documents and with its full packaging. Returns charged to the Company will be effected by its associated courriers.
In case of return of the products, as the case may be, the transaction will be cancelled provided that the products have been previously received and checked by the Company. The money will be refunded to the customer by the Company using the same payment method they were paid by the customer according to the Terms and Conditions herewith.
In the event that the products are returned damaged or incomplete, the e-shop has the right to claim compensation from the customer, the amount of which will be determined by the condition of the products and the Company will proceed unilaterally and unconditionally to a total or partial set-off of this claim against the customer.
All products must be returned in perfect condition, sealed, complete, undamaged and unharmed. Products must be returned with their original packaging.
17. Exchanges and Cancellations Policy
If the customer wishes to buy another different product he will have to return his original order to the Company and order the product he wants by re-ordering.
Exchanges that arrive at the Company after fourteen (14) calendar days from the date of notice to the Company of the exchange will NOT be accepted.
The customer may cancel the order only before receiving the confirmation e-mail of acceptance of the order by the Company by sending to the Company an e-mail with the order number at [email protected]
18. Right of Withdrawal
From the initial submission of the customer’s order and up to fourteen (14) calendar days from the date of delivery of the products and where there are multiple products from delivery of the last, the customer is entitled to withdraw from the sale.
This withdrawal is unjustifiable and without any charge and if the item has already been delivered, the customer must return the product exactly in the state it was received, with all its parts, accompanying forms and its packaging in excellent condition. Return of the item is accepted only if the customer has first paid out any amount paid by the Company for sending the item to them.
The withdrawal declaration is filed by completing the form found on the back of the receipt sent with your order or by sending us an email at [email protected] including your name, address, order number and delivery date of your order. The Company is required to send a confirmation of receipt of the withdrawal declaration as soon as it receives it.
Following the declaration of withdrawal, the Company is required to reimburse the price it has received.
The return of the money to the customer will be made as follows: if until the withdrawal and return of the item the Company has been paid by the bank the price of the order, the Company will be obliged to notify the bank about the cancellation of the transaction and the bank will then proceed to any actions provided for under the contract it has drawn up with the customer without any further responsibility of the Company. Following this notification, the Company bears no responsibility for the timing and manner of execution of the settlement, governed by the aforementioned contract.
In the case of cash-on-delivery payment method, the Company will pay the amount to a bank account indicated by the customer by sending an e-mail to the e-mail address provided by the customer in the withdrawal declaration or by calling them on the telephone number provided by the customer on the withdrawal declaration or by sending the money directly to the bank account details provided in the withdrawal declaration by the customer. The Company is relieved of its obligation by depositing the amount in the declared account (the correctness of which is the customer’s obligation) and is not liable in the event of a customer fault.
The return will be made no later than fourteen (14) calendar days from the day on which the customer announced to the Company its decision to exercise their right of withdrawal.
The Company may withhold the refund until the goods are returned or until the customer provides proof that they have sent the products back, whichever is the earlier.
Delivery costs are not refunded unless the customer has chosen a delivery method other than the cheapest standard delivery method offered by the Company. Also, the customer is required (unless the Company has offered to obtain the goods itself) to return the products within fourteen (14) calendar days from the day on which it notified the withdrawal. Exceptionally, delivery costs are not refunded on orders within Germany, as the cost of the standard delivery that the Company has to return is offset by the cost of the return that the Company undertakes in full.
The customer is liable to compensate the Company for the reduction in value of the products caused by the use of the customer other than that necessary to ascertain the nature, characteristics and operation of the goods in the period up to the declaration of withdrawal, and the Company is entitled to agree with the customer on its compensation even by offsetting.
It is NOT possible to withdraw products which are not suitable for return for reasons of health or hygiene and which have been unsealed following their delivery, as well as, products manufactured according to the user’s specifications or clearly personalized.
19. Products and Information – Responsibility of the E-Shop
The e-shop always acts in good faith and in accordance with the law and with these Terms and Conditions. Www.appics-store.com does not bear any civil, criminal, or otherwise liability to its user and / or any third party, in the event that any of the foregoing, when using the services and / or products of this e-shop suffers damage, direct, indirect, incidental, financial or other, suffers loss of earnings due to: (a) errors, omissions, technical failures, damages or malfunctions of the Telecommunication Networks, the Internet, the Internet site, the Internet Service Providers, (b) permanent or temporary disruption of the site or certain of its services and / or interruption of the provision of certain products through the e-shop, (c) events, situations, acts and / or omissions of the site or third parties including other users for which it does not provide guarantees and is not bound by the terms hereof; and (d) information and other content that may be published by third parties.
In addition, the e-shop does not provide a guarantee for (a) the suitability, efficiency, and sufficiency of its products for the purpose for which they are intended by the customer; and (b) for the proper and correct execution of the trade obligations of the other users of the network and its services.
Www.appics-store.com is solely responsible for gross negligence and willful misconduct in the event of damage to the user from the information and services it provides.
20. Visitor and / or User and / or Customer Responsibility
The user agrees and undertakes to use the services, information and data of the e-shop as provided by law and based on the rules of good faith and business ethics.
The intention of the Company is not to collect personal data of minors. However, since this is impracticable to be monitored / confirmed by the Company, any minor users of the Company’s website who are likely to provide personal data through it, the Company believes that they have obtained the consent of their parents or guardians.
An e-shop customer is required inter alia to:
Strictly observe the applicable Terms and Conditions of the e-shop as well as the applicable personal data protection regulations.
Keep a secret and not disclose their password to third parties in the e-shop. They are also obliged to IMMEDIATELY inform the e-shop by e-mail at [email protected] for any unauthorized use of their password. The e-shop is not responsible for any unauthorized use of their password if it has not been previously notified of it.
Confirm that they have logged out of their own account at the end of each session.
Provide Correct and Valid Payment and Delivery Information for Orders placed in the e-shop.
In addition, the following are forbidden to the user:
Use the site and the e-shop to send in any way, publish, or transmit any content which is illegal, threatening, abusive, defamatory, immoral, vulgar, obscene, reinforcing or expressing racial, national or other discrimination which may cause harm to third parties in any way.
Any action or omission that: (a) violates any patent, trademark, trade secret, copyright or other proprietary rights of the Company and any third party; and (b) contains viruses or other software that may cause interruption, destroy or interfere with the operation of any software or cause damage to the reputation and reputation of the Company, its Affiliates, its Partners and / or other Users / Members / Consumers, or may violate any personal or other data of the site / e-shop users.
Any access or attempt to access information and data (including personal data) that are trafficked through the site and for which there is no authorization or authority.
Any form of Software piracy, hacking and / or copying, analogue / digital recording and mechanical reproduction, distribution, transfer, downloading, processing, resale, creation of derivative work of data (including personal data) and information, including content and material (photos, graphics, text, etc.) of the site.
22. Other Terms
The Company reserves the right to:
Modify part or all of the external interface, structure, or configuration of the e-shop and its technical specifications.
Restrict access to the whole or part of the e-shop.
At anytime, unjustifiably and without prior notice to the visitor of the site to cancel, permanently or temporarily suspend or terminate its operation.
Reserve the right to modify the products offered for sale; permanently or temporarily cease the sale of products (some or all) of specific or all suppliers without prior notice to the customer.
Modify how the e-shop works and its charges.
Post offers for a certain amount of time and / or until stocks run out, make regular or extra discounts etc.
In the event that any term of the contract is found to be abusive or invalidated, it shall not invalidate any other terms of the agreement that shall remain valid and bind the parties. If any part of these Terms and Conditions is found to be invalid, voidable or unenforceable (including any provision excluding our liability to you), the enforceability of any other part of the Terms and Conditions will not be affected – all other terms will remain in full force. In any case, if possible, a term / sub-term or part of a term / sub-term may be considered separately to constitute the remaining part valid; the term will be interpreted accordingly. Otherwise, the parties agree that the term should be corrected and interpreted to approximate as much as possible the original meaning of the term / sub-term, in accordance with the law.
Any delay in the exercise by the parties of part or all of the rights deriving from these Terms and Conditions shall not result in a weakening or waiving of that right which may be exercised at any time at a later stage and at the reasonable discretion of the beneficiary.