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Moldova

Terms of ordering, delivery and return of goods

Table of Contents

I.    Introduction / Basic terms    
II.    Delivery, shipping costs and delivery period    
III.    Inspection upon receipt and acceptance of goods    
IV.    Ordering procedure and special offers    
V.    Customers' legal right of contracts withdrawal    
VI.    Warranty and liability for defects    
VII.    Return procedure and conditions    
VIII.    Refund of purchase price    
IX.    Delayed acceptance and non-receipt    
X.    Final Provisions    


TERMS OF ORDERING, DELIVERY AND RETURN OF GOODS

I.    Introduction / Basic terms

1. These terms and conditions cover the ordering, delivery, and return of APLGO-branded products ("Goods") purchased through the aplgo.com and backoffice.aplgo.com ("Websites) or other ordering channels provided by the APL group of companies (“Seller”, “we”).

2. These terms and conditions apply to customers and businesses (“Buyer”, “You”) unless expressly stated otherwise. A customer is anyone who engages in a legal transaction for non-commercial or professional purposes.

3. The Buyer's modified terms and conditions will not be valid unless the seller explicitly accepts them in writing.

II.    Delivery, shipping costs and delivery period

1. Delivery options: goods are delivered by post or courier services. Customers can also collect their items free of charge from designated locations (such as APL Group offices or regional service centers; these locations will be referred to as "Pickup Locations"). Available pickup locations and their addresses will be displayed during Checkout.

2. Delivery area and shipping costs: We offer postal and courier services to the EU, Russia, CIS countries, the USA, and Canada. Shipping costs will be borne by the Buyer. The fees for these services vary depending on the chosen provider, the delivery region, and the precise address. The cost will be displayed during the checkout process.

3. Processing and delivery terms:

a) For delivery by postal or courier service: we typically hand over your order to the delivery provider within two (2) business days after full payment. The delivery term will vary based on the chosen service provider and the final destination.

b) For self-collection at a pickup point, products are typically ready for pickup seven (7) business days after complete payment for the order. The buyer will receive notice as soon as the item is ready for issue.

III.    Inspection upon receipt and acceptance of goods

1. The Buyer's Obligation to Inspect the Goods: Upon receipt, the Buyer must thoroughly examine the goods to ensure the packaging is intact and the contents match the delivery note.

2. Procedure in case of damage/rejection:

a) For postal or courier deliveries: If you notice any shipping damage, missing items, or incorrect delivery, inform the delivery person promptly. You may then accept or decline the delivery with reservations, if necessary. Any damage or discrepancies should be noted in the presence of the delivery person. This could be done by confirming the damage or simply marking it on the delivery note.

b) For collection at the delivery point: If any damage or irregularities are noticed during delivery, inform the delivery point representative immediately and note them on the handover report/consignment note.

3. Acknowledgment of receipt: By signing the delivery note or acknowledgment of receipt, the Buyer confirms that the goods have been received in good condition, noting any external defects and ensuring completeness. The buyer also agrees to accept any latent defects that may be discovered later (see Section VI).

4. Important note: Immediate reporting of transportation damage or discrepancies facilitates processing. However, the Buyer's warranty rights under the law (see Section VI) remain intact even if immediate notice is not provided.

IV.    Ordering procedure and special offers

1. Ordering Procedure: Customers can place orders through the "Shop" function on aplgo.com or backoffice.aplgo.com. The Buyer selects the items he/she wants, adds them to the shopping cart, and completes the purchase by providing essential details and choosing a payment and shipping method.

2. Special offers: From time to time we run promotions, the terms and conditions of which (e.g. validity period, eligible products) are announced in advance on the websites.

3. Presentation merchandise as part of promotions:
If the promotion offers a free presentation item, Buyers must actively choose it and add it to their cart to claim it.

b) Before completing the order, the Buyer must indicate his/her preference for the selected presentation item. They can either check a box to confirm they want to receive it or uncheck the box if they have not added it to their cart. The precise question will be posed during the ordering process.

V.    Customers' legal right of contracts withdrawal

1. Right of withdrawal: Customers have a legal right to withdraw from distance selling contracts (orders via websites or other means of distance communication). You have the right to cancel this contract within fourteen (14) days without needing to provide a reason.

2. Cancellation Period: You have fourteen (14) days from taking possession of the goods, either yourself or through a third party other than your designated carrier, to refuse them. For partial shipments, the countdown begins once the final item arrives.

3. Exercising the Right of Withdrawal: To exercise your right to withdraw from this contract, inform us (APL Group, 64404, Bickenbach, Breithauptstr. 5, info@aplgo.com) clearly of your decision. This can be done through a letter sent by post or an email. You may use the attached waiver form for this purpose, but it is not required. To meet the waiver deadline, simply send a notice of your intent to waive your rights before the deadline expires.

4. Consequences of withdrawal: If you cancel this contract, we'll promptly refund all payments, including delivery charges (excluding any extra fees from choosing a delivery method other than our standard, cheapest option). The refund will be processed within fourteen (14) days of receiving your cancellation notice. For this return, we will use the same method. We will process the refund using the payment method you originally employed, unless you have specifically agreed otherwise. Under no circumstances will you incur any fees for this refund. We may as well not process a refund until we receive the item or proof of its return, whichever occurs first.

5. Returns: You must return or deliver the goods to the address specified for return immediately and no later than fourteen (14) days after notifying us of your withdrawal from this contract. The deadline will be met if you send the item before the fourteen days are up.

6. Return costs: You will bear the direct costs of returning the goods.

7. Compensation: You are only responsible for payment of any decrease in the goods' value if it results from handling that is not essential to check their quality, characteristics, and functionality. "Quality, property, and function testing" refers to examining and evaluating goods in a manner typical of a retail environment. Products with the seal removed, particularly hygiene items or food/food supplements if applicable, might not be subject to rejection but could lead to a compensation claim, as specified during the ordering process. 

8. Exclusion/expiration of the right of withdrawal: the right of withdrawal doesn't apply to contracts for sealed goods. These items can't be returned for health or hygiene reasons if their seal has been broken after delivery.

VI.    Warranty and liability for defects

1. Statutory warranty: the rights to the statutory warranty apply to all goods. If the goods you've purchased are defective, the relevant legal provisions shall apply (§§ 434 et seq. of the German Civil Code; similar rules shall apply in other delivery countries).

2. Claims for defects: If a defect existed at the time of delivery, even if it wasn't discovered until later (a "hidden defect"), the Buyer has the right to demand that the Seller fix the issue or provide a new, defect-free product. If the product fails to meet expectations or is unreasonable, the buyer has the option to withdraw or cancel the contract (and demand a refund, returning the goods), or to reduce the purchase price. Additional claims, including those for damages, are only valid within the limits of the applicable laws.

3. Reporting defects: Any noticeable defects should be reported promptly upon discovery (see also Section III). Report any hidden defects promptly when you find them, within the legal warranty period (typically two years from when new items are delivered to customers). The seven-day deadline for reporting hidden defects has been replaced by new regulations. Nevertheless, it's still best to report promptly to streamline the process.

4. Defect Handling: To file a warranty claim, reach out to us through the methods outlined in Section VIII and detail the problem. We will discuss the next steps with you, such as a return for inspection.

5. Replacement Period: Defective goods will be replaced as soon as possible. Processing a return for defective items typically takes a few business days, plus the standard shipping time.

6. Costs for rectifying defects: If a defect is found under the warranty, we will cover the costs of rectifying it, including transportation, travel, labor, and materials. This covers returning the defective item to us and sending you a replacement.

VII.    Return procedure and conditions

1. Return Registration: Before returning any goods, whether due to rejection or warranty, please contact us to register the return. Submit your feedback through the form in your personal account or reach out to us via email at info@aplgo.com. Please specify the reason for the return, whether it's a rejection or a description of the defect, and include your order details. We'll supply you with the return address and all other pertinent information.

2. Documents required: attach a copy of the delivery note or invoice to the returned parcel for quick identification. If you decline the goods, kindly fill out the refusal form. In warranty cases, please include a brief description of the defect revealed. Your identity document may be requested only under exceptional circumstances for verification purposes, when dealing with high-value items, or if fraud is suspected. This request adheres to strict data protection regulations. For security purposes, the refund details must be sent separately, either by email or through the Customer's account (refer to Section VIII) and should not be included in the parcel.

3. Packaging of the returned goods:

a) Please pack the items carefully to avoid damage during transportation. Whenever feasible, use the original product packaging and a robust shipping carton for protection. Ensure ample padding in all open areas.

b) Ensure the items and their original packaging remain undamaged and uncontaminated. If the goods are damaged or defective, compensation claims may arise (refer to Section V.7).

c) A "Declaration of Contents" is typically needed only for international shipments outside the EU, serving as a customs declaration. It must be crafted according to the specifications of the delivery service provider. This is not normally required for returns within the EU. Check this with your delivery service provider if necessary.

4. Returns to points of delivery: Returning online orders to delivery points requires prior approval from us. Please contact us for more details.

5. Shipping method and cost: Please do not return items with shipping charges. If your application is denied, you must cover the return shipping costs (see Section V.6). If your warranty claim is valid, we'll cover the cost of reasonable return shipping or, if needed, supply a return label (see Section VI.6). Shipments with payment upon receipt will not be accepted.

6. Photograph of the goods: A photo of the goods before returning them isn't usually needed. However, it can be helpful for record-keeping in specific situations (like when there's a claim of damage), or we might ask for one.

VIII.    Refund of purchase price

1. Return period:

a) If you refuse the purchase, we will promptly refund the full amount, no later than fourteen (14) days from the day we receive your notice. However, we may withhold a refund of the purchase price until we receive the goods back or you provide proof of the return of the goods (refer to Section V.4).

b) If goods are returned due to a defect, such as after contract withdrawal, a refund will be issued upon receipt and inspection of the items or after individual agreement.

2. Return Type: Refunds of the purchase price  typically use the same payment method as the original order. If this is not possible (e.g. for certain payment methods), the refund will be made by bank transfer to the account specified by the Buyer. Cash payments are excluded.

3. Required bank details (for bank transfer): For a bank transfer refund, the buyer must securely provide us with the following details (e.g., via email to info@aplgo.com or through the customer account):

a) Full name of the account holder (must match the name of the Buyer)

b) IBAN (international bank account number)

c) BIC (Bank Identification Code) / SWIFT code

d) Bank name

4. No third-party accounts: refunds will only be made to an account opened in the Buyer's name.

5. Duration of the bank transaction: The actual credit to the Buyer's account depends on how long it takes for the participating banks to process the transaction.

IX.    Delayed acceptance and non-receipt

1. If the Buyer neglects to accept the properly delivered goods or fails to collect them within a reasonable time despite notice, we reserve the right to seek compensation for any additional expenses incurred. These may include re-delivery fees, storage costs, and return expenses.

2. These charges may be offset against any credit balance on the Buyer's account. If not, we may require prepayment for these extra costs before making a new delivery. Alternatively, after a reasonable time, we might cancel the contract and request compensation instead of fulfilling it. In the event of non-acceptance, legal rights remain unaffected.

X.    Final Provisions

1. Color variations: product images on websites may differ slightly from actual colors due to technical conditions (e.g. monitor settings). Such minor deviations do not constitute a defect.

2. Governing law: The law of the Federal Republic of Germany applies, except for the UN Convention on Contracts for the International Sale of Goods (CISG). This holds true if the Buyer resides in Germany or if the mandatory consumer protection laws of the Buyer's country do not conflict with it. 

3. Place of jurisdiction: if the Buyer is a trader, a public law entity or a special public law fund, the exclusive place of jurisdiction for all disputes arising from this contractual relationship shall be our registered office. The same rule applies if the Buyer lacks a general place of jurisdiction within Germany or if their residence or domicile remains unknown at the time of filing a claim.

4. Severability clause: If any part of these terms becomes invalid, the rest of the contract shall remain in full force.

5. Online Dispute Resolution (for consumers): The European Commission provides an online dispute resolution (ODR) platform which can be found at: https://ec.europa.eu/consumers/odr. We neither need to nor wish to engage in the dispute resolution process of the Consumer Protection Arbitration Board.

 

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