1. General – Scope

1. The following General Terms and Conditions apply to all business relationships between Apendics GmbH & Co. KG and the customer. The version valid at the time of contract conclusion is decisive.

2. Consumers, as defined in these terms and conditions, are natural persons with whom a business relationship is established, without attributing commercial or independent professional activity to them.

Entrepreneurs, as defined in these terms and conditions, are natural or legal persons or legal entities with legal capacity with whom a business relationship is established, and who act in the exercise of a commercial or independent professional activity.
Customers, as defined in these terms and conditions, are both consumers and entrepreneurs.

3. Deviating, conflicting, or supplementary general terms and conditions, even if known, shall not become part of the contract unless their validity is expressly agreed upon in writing.

2. Conclusion of Contract

1. The presentation of products in the online shop is not a legally binding offer but an unbinding online catalog. By clicking the “Submit Order” button, you place a binding order for the goods in the shopping cart. The confirmation of the order will be sent immediately after the order is submitted. The purchase contract is generally concluded upon delivery of the goods. An exception to this is the prepayment method, where the purchase contract is concluded with the confirmation email. Our offers are subject to change. Technical and other changes remain reserved within reasonable limits.

2. By placing the order, the customer bindingly submits their contract offer. We will confirm the receipt of the customer’s order promptly. The confirmation of receipt does not constitute a binding acceptance of the order. However, the confirmation of receipt can be combined with the declaration of acceptance.

3. We are entitled to accept the contract offer in the order within three working days after receiving it. We reserve the right to reject the acceptance of the order. We reserve the right to limit the order to a household quantity.

4. The conclusion of the contract is subject to the condition that, in the case of incorrect or improper self-supply, we are not or only partially obligated to perform. In the event of non-availability or partial availability of the service, the customer will be informed immediately. The consideration will be refunded promptly.

5. We store the text of the contract and will send it to the customer, along with the legally incorporated terms and conditions, by email upon request after the conclusion of the contract.

3. Right of Withdrawal

Consumers – i.e., any natural person who enters into a legal transaction for purposes that can be attributed predominantly neither to their commercial nor their self-employed professional activity – can revoke their contract declaration for paid contracts under the following conditions:

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day,

- on which you or a third party named by you, who is not the carrier, have taken possession of the goods, if you have ordered one or more goods as part of a single order and these are delivered uniformly;
- on which you or a third party named by you, who is not the carrier, have taken possession of the first goods, if goods are delivered regularly over a specified period.

To exercise your right of withdrawal, you must inform us (Apendics GmbH & Co. KG, Am Tackelberg 7, 49838 Lengerich – info@roots24.shop) by means of a clear statement (e.g., a letter sent by post, fax, or email) about your decision to withdraw from this contract. You can use the sample withdrawal form attached to the order confirmation email, although its use is not mandatory.

To comply with the withdrawal period, it is sufficient to send the notification of the exercise of the right of withdrawal before the withdrawal period expires.

Consequences of Withdrawal

If you withdraw from this contract, we will reimburse you for all payments we have received from you, including the delivery costs (except for the additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged fees for this repayment. We may refuse repayment until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us immediately and, in any case, no later than fourteen days from the day on which you informed us of the withdrawal from this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period.

You bear the direct costs of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties, and functionality.

The right of withdrawal expires prematurely for contracts

- for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;
- for the delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature;
- for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.

4. Delivery Conditions, Delivery Times, and Costs

Stated delivery dates are contingent upon receipt of payment, unless invoicing has been explicitly chosen during purchase.

All specified delivery dates are based on information from our suppliers or transport service providers. Since unforeseen delays can occur during transportation (e.g., strikes, inclement weather), the mentioned dates are to be understood as non-binding estimates.

If immediately available warehouse items are combined with products with delivery times in an order, we will ship the goods collectively with the corresponding delivery time.

Deliveries to a third country are made DAP (Delivery at Place). Excluded are the costs for the performance of all necessary import formalities. These are borne by the buyer. Therefore, all duties related to import in the destination country are to be paid by the buyer or recipient.

5. Due Date and Remuneration, Default

1. The offered price is binding. The statutory value-added tax is included in the price.

In the case of sales by dispatch, the price is understood to be plus the shipping cost lump sum stated under 4 “Delivery”.

2. The consumer must pay interest on the monetary debt at a rate of 5 percentage points above the base rate during default. The entrepreneur must pay interest on the monetary debt at a rate of 8 percentage points above the base rate during default. In relation to the entrepreneur, we reserve the right to prove and assert a higher default interest damage.

6. Offset, Retention

The customer is only entitled to set-off if their counterclaims have been legally established or acknowledged by us.

The customer can only exercise a right of retention if their counterclaim is based on the same contractual relationship.

7. Retention of Title

1. With consumers, we reserve the right of ownership of the goods until full payment of the purchase price. With entrepreneurs, we reserve the right of ownership of the goods until

full settlement of all claims from an ongoing business relationship.

2. The customer is obliged to inform us immediately of any third-party access to the goods, such as in the case of seizure, as well as any damage or destruction of the goods. The customer must notify us immediately of any change in possession of the goods and their change of residence.

3. In the event of the customer’s contractually non-compliant behavior, especially in the case of default in payment or violation of an obligation under clause 2. of this provision, we are entitled to withdraw from the contract and demand the return of the goods.

4. The entrepreneur is entitled to resell the goods in the ordinary course of business. They hereby assign to us all claims in the amount of the invoiced amount that accrue to them from the resale against a third party. We accept the assignment. After the assignment, the entrepreneur is authorized to collect the claim. We reserve the right to collect the claim ourselves as soon as the entrepreneur does not properly meet their payment obligations and falls into arrears.

5. The processing of the goods by the entrepreneur always takes place on our behalf and on our behalf. If processing is carried out with objects not belonging to us, we acquire co-ownership of the new item in proportion to the value of the goods supplied by us to the other processed objects. The same applies if the goods are mixed with other objects not belonging to us.

8. Warranty/Liability Limitations and Indemnification

1. Consumers have the choice of whether the subsequent performance should be in the form of rectification or replacement delivery. We are entitled to refuse the chosen form of subsequent performance if it is only possible with disproportionate costs and the other form of subsequent performance remains without significant disadvantages for the consumer. For entrepreneurs, we provide warranty for defects in the goods, initially at our discretion, through rectification or replacement delivery.

2. If the subsequent performance fails, the customer can, in principle, choose between a reduction in remuneration (reduction), rescission of the contract (withdrawal), or damages instead of performance. If the customer chooses damages instead of performance, the liability limitations according to the following clauses 5. and 6. apply. However, the customer is not entitled to the right of withdrawal in the case of only minor defects.

3. Entrepreneurs must report obvious defects within one week of receiving the goods in writing; otherwise, the assertion of the warranty claim is excluded. Timely dispatch is sufficient to meet the deadline. The entrepreneur bears the full burden of proof for all claim prerequisites, in particular for the defect itself, the time of discovery of the defect, and the timeliness of the defect notice.

4. The warranty period for consumers is 2 years from the delivery of the goods. The warranty period for entrepreneurs is 1 year from the delivery of the goods. For used items, the warranty period is 1 year from the delivery of the goods. The one-year warranty period does not apply if gross negligence is attributable, as well as in the case of our attributable physical and health damages and loss of the customer’s life. Our possible liability under the Product Liability Act remains unaffected.

5. In the case of slight negligence in breach of insignificant contractual obligations, our liability is limited to the foreseeable, contract-typical, direct average damage. This also applies to slight negligence on the part of our legal representatives or vicarious agents. We are not liable to entrepreneurs for slight negligence in breach of insignificant contractual obligations.

6. The above liability limitations do not apply to customer claims arising from product liability. Furthermore, the liability limitations do not apply in the case of physical and health damages or loss of the life of the customer attributable to us.

7. To the extent that we enable access to other websites through links, we are not responsible for the content contained therein. We do not endorse the external content. If we become aware of illegal content on external websites, we will immediately block access to these sites.

8. The customer indemnifies us from all disadvantages that may arise for us from third parties due to harmful actions of the customer, regardless of whether they are intentional or negligent.

9. Final Provisions, Applicable Law

1. The law of the Federal Republic of Germany applies. For consumers who do not conclude the contract for professional or commercial purposes, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence. The provisions of the UN Sales Convention do not apply.

2. If the customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is our place of business.

3. Should individual provisions of the contract with the customer, including these General Terms and Conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The wholly or partially invalid provision shall be replaced by a provision whose economic success comes as close as possible to that of the invalid provision.

10. Information on Defect Liability

Statutory defect liability applies.

11. Online Dispute Resolution according to Art. 14 Para. 1 ODR-VO

The European Commission provides a platform for online dispute resolution (OS) which you can find at http://ec.europa.eu/consumers/odr. We are not obligated or willing to participate in a dispute resolution procedure before a consumer arbitration board.