- apoQlar – apoQlar GmbH, with its registered office in Koppel 18a, 20099 Hamburg, entered into the commercial register under number HRB148115, e-mail address: [email protected], telephone number: +49 40 280 56 248.
- Consumer – a natural person making a legal transaction with an entrepreneur not directly related to its business or professional activity.
- Customer – an entrepreneur making or intending to make purchases in the Store.
- Account – a free Store function (service), allowing the Customer to create an individual user account in the Store.
- Regulations – these Regulations of the ApoQlar Online Store.
- Software – software offered by apoQlar in the Store.
- Entrepreneur – an entity that is not a Consumer.
- Store – an online store run by apoQlar at: https://vsi.health.
- Goods – goods offered by the Store.
- Contract – respectively: contract for the sale of the Goods, a lease agreement for the Goods, license agreement for the Software.
- Order – an offer to conclude a Contract, as defined in the German Civil Code (Bürgerliches Gesetzbuch, BGB), submitted to apoQlar by the Customer via the Store, containing at least: the mark of the Goods (Software) and price (rental fee, license fee).
2. General information
- These Regulations apply to all Orders placed in the Store.
- The Regulations define the rules of using the Store – in particular the rules for placing Orders for Goods and Software, payment of prices for Goods and Software, delivery of ordered Goods and Software.
- The entity responsible for the content posted on the Store’s website is apoQlar, which you can contact via e-mail (e-mail address: [email protected]), using the contact form (available at: https://vsi.health) or by phone, at +49 40 280 56 248, from Monday to Friday from 9.00 to 17.00 (charges according to the tariff of the operator).
- Using the Store website and registration in the Store is free.
- The parties to the Contract are: apoQlar and the Customer.
- Territorial scope: Europe, USA, Canada.
- The Customer may only be an Entrepreneur. By accepting these Regulations, the Customer confirms that he is an Entrepreneur.
- To use the Store’s functionality it is necessary to:
a) terminal device with access to the Internet and a web browser like Google Chrome, Mozilla Firefox;
b) active e-mail account (e-mail).
- It is unacceptable for the Customer to post content on the Store’s website contrary to the law, calling for racial, religious or ethnic hatred, or propagating violence, generally recognized as morally reprehensible, socially inappropriate and violating the principles of etiquette.
- In order to place an Order, the Customer may register and create an Account; it is also possible to place an Order without registering and creating an Account.
- To place an Order (including register in the Store and create an Account) it is necessary to complete the registration form, including the following data:
b) Title (optional)
c) First Name
d) Last Name
e) Company Name
g) Tax Identification Number
h) Postcode /ZIP
i) Town / City
k) Email address.
The Customer must also accept these Regulations and express consent required by checking the appropriate options of the registration form.
- In order to delete an Account, it is necessary to send a request to delete an Account by email to the address [email protected] The result of deleting an Account is the inability to check the list of orders.
3. Goods and prices
- Information concerning the essential characteristics of the Goods and its prices are available on the Store’s website in the description of the Goods.
- Orders are executed in the order of their receipt. In the event of unavailability of a given Good, information about this fact is included in the description of the given Good – with the reservation that the lack of such information does not mean that the given Good is certainly available. In the event of unavailability of Good, at which description there was no information of this type, and confirmation of accepting the order for the Good despite its unavailability, apoQlar reserves the right to contact the Customer to cancel the order or modify it.
- Prices in the Store are gross prices, to which should be added the appropriate VAT and possible shipping costs. The Customer is informed about the amount of tax and shipping costs before submitting the Order.
- The currency in which the prices are quoted is EUR.
- The binding price of the Goods is the price displayed in the Store at the time of placing the Order.
- Until full payment for the Good has been made by the Customer, it remains the property of apoQlar.
4. Conclusion of contracts of sale of goods
- Orders for Goods are accepted via the Store’s website.
- Order placement process in order to conclude the sale of the Goods includes the following steps:
a) selection of the Good in the desired specification,
b) designation of the delivery address,
c) choosing the payment method,
d) verification of the correctness of data,
e) pressing the “order now” button,
f) making a payment,
g) receiving an order confirmation email.
- Presentation of the Goods in the Store is not a binding offer to conclude a sales contract. The Customer submits apoQlar a binding offer for the purchase of the Goods after passing the entire Order procedure described above in point 2), and after accepting these Regulations and confirmation that he submitted the offer as an Entrepreneur. Upon the acceptance of the Order by apoQlar, the Goods sales contract is concluded on the terms specified in the Order. Acceptance of the Order by apoQlar takes place when apoQlar receives confirmation of payment acceptance by the transaction system.
- The Customer receives a confirmation of the conclusion of the contract of sale via e-mail, immediately after the receipt of the Order by apoQlar. Confirmation of the conclusion of the contract of sale contains all relevant information regarding the placed Order.
5. Lease of the Goods
- In the specified cases it is possible to lease the Goods for a definite period (indicated in the specification of the given Good). The provisions of art. 3 and art. 4 shall apply accordingly.
- If the Product leased, during the Lease Contract, has been damaged, stolen or lost, the Customer bears financial responsibility according to the provisions of the German Civil Code.
- After the end of the rental of the good the Customer is obliged to return the goods in a non-deteriorated condition.
6. The date and method of delivery of the Goods
- Ordered goods are sent by courier to the address indicated by the
Customer in the order, within 30 (thirty) days from the date of receipt by apoQlar payment for the placed order in full (including shipping costs).
- Shipping costs are presented to the Customer by displaying relevant information on the Store’s website, no later than before placing the Order.
- Provisions of point 1) above shall apply accordingly in the case of lease of the Goods.
- apoQlar licenses the Software according to the End User License. The provisions of point 3 and point 4 shall apply accordingly.
- After paying the license fee, the Customer obtains an e-mail with access data to the Software.
8. Payment Policy
- The customer can choose the following payment methods:
a) payment by credit card via WireCard.
- apoQlar does not provide payment services via WireCard; the terms and conditions for the provision of such services are determined by the legal relationship between the Customer and the payment service provider.
- Invoices documenting the conclusion of transactions via the Store will be sent by apoQlar to the Customer in electronic form, to the email address assigned to the Account.
- By accepting these Regulations, the Customer agrees to receive invoices in electronic form to the email address assigned to the Account.
10. Right of withdrawal
- Because Customers are entrepreneurs, they do not have the statutory right to withdraw from a distance contract, and apoQlar does not grant them such a right.
11. Warranty and guarantee
- apoQlar does not give any guarantee for the proper functioning of the Goods and the Software to the Customer.
- In addition, apoQlar excludes the liability of apoQlar under the warranty for the Goods and the Software.
12. Liability of the apoQlar
- In order to remove any doubts, apoQlar represents, that the Goods and the Software are not a medical device within the meaning of Council Directive 93/42/EEC of 14 June 1993 on medical devices nor Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017 on medical devices, amendments to Directive 2001/83/EC, Regulation (EC) No 178/2002 and Regulation (EC) No 1223/2009 and the repeal of Council Directives 90/385/EEC and 93/42/EEC. apoQlar does not bear any responsibility for the Customer’s use of the Goods and the Software for diagnosis, prevention, anticipation, prognosis, treatment, alleviation or compensation of illness, injury or disability, as well as for the purpose of examining, replacing or modifying the anatomy or process or physiological or disease state.
- apoQlar is not liable for damages caused by the Customer’s taking or abandoning actions based on data or information obtained directly or indirectly from the Goods and the Software, both in relation to losses suffered and lost by the Customer or a third party benefits, unless the Contract clearly constitutes otherwise.
- apoQlar does not guarantee to the Customer continuous, uninterrupted, trouble-free operation of the Goods and the Software.
- apoQlar bears full and unlimited liability only when such liability is provided by mandatory legal provisions. In other cases, apoQlar is not liable for any damages (both in terms of real losses – damnum emergens, and lost profits – lucrum cessans) caused by Goods and the Software defect and for any consequences, direct or indirect, associated with the use of the Goods and the Software, the inability to use it, or malfunction.
- The Controller of personal data provided by the Customer is apoQlar.
- To receive more information on the processing of personal data, the Customer may contact apoQlar at the address of our registered seat indicated above or via e-mail at: [email protected]
- The personal data provided by the Customer will be processed for the following purposes:
a) if the Customer creates an Account – in order to create an individual Account and to manage this Account – on the basis of Article 6 paragraph 1 point (b) GDPR (processing is necessary for the performance of a contract for the provision of account services, to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract),
b) in order to perform the Contract between the Customer and the apoQlar – on the basis of Article 6 paragraph 1 point (b) GDPR (processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract),
c) for marketing purposes (including in connection with the sending of pre-sales and sales materials as well as of information on the organisation of events, such as training courses, workshops, conferences, etc.) – on the basis of Article 6 paragraph 1 point (f) GDPR (processing is necessary for the purposes of the legitimate interests pursued by the controller, where the legitimate interest of apoQlar is direct marketing),
d) in order to determine, investigate and enforce claims – on the basis of Article 6 paragraph 1 point (f) GDPR (processing is necessary for the purposes of the legitimate interests pursued by the controller, consisting in determining, pursuing and enforcing claims and defending against claims in proceedings before courts and other state authorities).
- The Customer voluntarily provides his personal data. However, providing personal data is necessary to complete the Order and to provide the Store’s and Account’s services by apoQlar.
- The personal data of the Customer may be received by apoQlar’s subcontractors – providers of services and of ICT systems
- If the Customer’s query so necessitates, apoQlar may share the Customer’s personal data with Apollogic Sp. z o.o. with its registered seat in Poznan, Poland – which is a company associated with apoQlar.
- If necessary, personal data will be provided to the transport company, which takes over the delivery of the Goods in accordance with the Order. Details of the payment will be sent to the entity responsible for the payment.
- Where personal data are processed for direct marketing purposes, the Customer has the right to object at any time to processing of personal data concerning him or her for such marketing.
- If the basis for data processing is the performance of the contract, then the Customer’s personal data are processed by apoQlar as long as it is necessary for the performance of the contract, and after that for a period corresponding to the period of limitation of claims.
- If the basis for data processing is the legitimate interest pursued by apoQlar, then the Customer’s personal data are processed by apoQlar until the Customer objects to the processing of the personal data.
- The Customer has the right to access his or her personal data at any time.
- If the Customer notices that his or her data are incorrect or incomplete, he has the right to correct them.
- When data are no longer necessary for the purposes for which they have been collected, when the Customer objects to the processing of the personal data or when the data are being processed unlawfully – the Customer may request their deletion.
- The Customer also has the right to request limitation of the processing of his or her data – when he or she notices that his or her data are incorrect, he or she may request limitation of the processing for a period that will allow apoQlar check their correctness; when the data are being processed unlawfully but the Customer do not wish for them to be deleted; when apoQlar no longer needs the data but the Customer may need them for defending or asserting claims.
- The Customer may request transfer of his or her data.
- If the Customer believes that apoQlar is processing his or her data unlawfully, the Customer may file a complaint with the supervisory authority.
14. Final provisions
- In matters not covered by the Regulations, the provisions of German law shall apply.
- apoQlar reserves the right to change these Regulations, however any changes shall be effective from the date of their publication on the Store’s website, however, only in relation to orders that will be placed after the change. However, the previous provisions apply to orders placed before the change.
- Complaints regarding the functioning of the Store’s website, comments or reports regarding violations of these Regulations should be reported via e-mail to the address [email protected]