General Terms and Conditions (GTC)

A. General Terms and Conditions

Section 1 Scope and Definitions

1. These General Terms and Conditions apply to all contracts concluded via the online shop accessible at www.apizz.de between

aPizz
Owner: Mr Nunzio Vitiello
Sandtnerstraße 5
85053 Ingolstadt
Germany
Email: info@apizz.de

– hereinafter referred to as the “Seller” – and the customers of the online shop.

1. The Seller’s product range is aimed at both consumers and business customers.
2. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.
3. A business customer is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade, business or profession.
4. Diverging terms and conditions of the customer will not be recognised unless the Seller expressly agrees to their validity in text form.

Section 2 Conclusion of Contract

1. The products presented in the online shop do not constitute a legally binding offer by the Seller, but merely an invitation to the customer to submit a binding purchase offer.
2. The customer can place the desired products in the virtual shopping cart. Before submitting the order, the customer can review the data entered at any time and correct it using the technical tools provided in the ordering process.
3. By clicking the button that completes the ordering process, the customer submits a binding offer to conclude a purchase contract for the goods contained in the shopping cart.
4. After the order has been received, the customer will receive an automatic order confirmation. This order confirmation initially only documents receipt of the order and does not yet constitute acceptance of the offer, unless its content expressly states otherwise.
5. The contract is concluded when the Seller accepts the customer’s offer by sending an order confirmation or shipping confirmation in text form, or by dispatching the ordered goods to the customer.
6. If the customer selects a payment method where payment is initiated immediately during the ordering process, the contract is concluded at the latest when the respective payment service provider confirms successful payment.
7. If the Seller does not accept the customer’s offer within three business days, the customer is no longer bound by their offer. Any payments already made will be refunded without delay in this case.
8. The language of the contract is German.

Section 3 Storage of the Contract Text

1. The customer can save the order data and these General Terms and Conditions before submitting the order using the print or save function of their browser.
2. After completing the order, the customer will receive the order data and the legally required contractual information in text form, usually by email.
3. Where the full contract text is not permanently accessible in the customer account after conclusion of the contract, it will not be stored by the Seller in a form that is publicly accessible to the customer.

Section 4 Prices and Shipping Costs

1. The prices stated in the online shop are total prices and include statutory value added tax, where applicable.
2. In addition to the price of the goods, shipping costs may apply. The amount of the shipping costs will be shown to the customer in the respective offer or at the latest before completion of the ordering process.
3. For deliveries to countries outside the European Union, additional customs duties, taxes, import charges or fees may apply. These costs are not charged by the Seller and must be borne by the customer vis-à-vis the competent customs or tax authorities.
4. The customer is advised to contact the competent authorities for information about any possible additional costs before placing an order with delivery to a non-EU country.

Section 5 Terms of Payment

1. The customer may use the payment methods displayed in the online shop and during the ordering process.
2. Payment becomes due in accordance with the conditions of the selected payment method.
3. Where payment is processed via an external payment service provider, that provider’s contractual and data protection provisions apply in addition.
4. The customer is only entitled to set off claims if their counterclaim is undisputed, has been finally adjudicated or is ready for decision. This restriction does not apply to claims of the customer arising from the same contractual relationship.
5. The customer may only exercise a right of retention insofar as their counterclaim is based on the same contractual relationship. Statutory rights of consumers remain unaffected.

Section 6 Delivery and Shipping Conditions

1. Unless otherwise agreed, delivery will be made to the delivery address specified by the customer during the ordering process.
2. The available delivery countries, shipping methods, delivery times and shipping costs are displayed in the online shop.
3. If collection by the customer is available and has been agreed, the Seller will inform the customer as soon as the goods are ready for collection.
4. If delivery fails for reasons attributable to the customer, the Seller may charge the customer the reasonable additional costs actually incurred. This does not apply if the customer effectively exercises their statutory right of withdrawal and is not responsible for the failed delivery.
5. For consumers, the risk of accidental loss or accidental deterioration of the goods generally passes to the consumer or to a third party authorised to receive the goods only upon handover of the goods.
6. If a consumer independently commissions a carrier that has not previously been named by the Seller, the risk passes in accordance with the statutory provisions upon handover of the goods to that carrier.
7. For business customers, the risk of accidental loss or accidental deterioration of the goods passes to the company commissioned with the transport upon handover, to the extent permitted by law.

Section 7 Retention of Title

1. Until the agreed purchase price has been paid in full, the delivered goods remain the property of the Seller.
2. With respect to business customers, the Seller retains title to the delivered goods until all claims arising from the ongoing business relationship have been settled in full.

Section 8 Right of Withdrawal for Consumers

1. Consumers generally have a statutory right of withdrawal.
2. Details of the right of withdrawal, in particular regarding deadlines, exercise, returns, return costs and legal consequences, can be found in the Seller’s separate withdrawal policy.
3. The model withdrawal form provided on the website may be used to declare withdrawal, but its use is not mandatory.
4. The customer must return the goods to the Seller within the period specified in the withdrawal policy.
5. In the event of a valid withdrawal, the Seller may refuse to refund the payment until they have received the goods back or the customer has provided proof that they have returned the goods, whichever is earlier.
6. The refund will generally be made using the same means of payment that the customer used for the original transaction, unless expressly agreed otherwise.
7. The statutory exceptions to the right of withdrawal remain unaffected.

Section 9 Returns and Refunds

1. Returns must be sent to the address specified in the withdrawal policy or in the return information.
2. The customer is requested to return the goods in full and, where possible, together with any accessories.
3. Use of the original packaging is not a prerequisite for the effective exercise of the right of withdrawal. However, the customer is obliged to pack the goods carefully and securely for transport.
4. In particular, fragile goods such as pizza stones, biscotti and ceramic products must be packed in such a way that they are adequately protected against impacts, pressure, movement and other normal transport stresses.
5. For this purpose, the customer should, where possible, use the original protective packaging or packaging of at least equivalent quality.

6. When exercising the right of withdrawal, the consumer is only required to pay compensation for any loss in value of the goods if

   a) the loss in value is due to handling of the goods that was not necessary to check their condition, properties and functioning, and

   b) the consumer was properly informed about their right of withdrawal.

7. If goods that were originally delivered undamaged are damaged or destroyed during return shipment due to inadequate packaging for which the customer is responsible, the resulting and demonstrable loss in value may be taken into account or offset against the refund to the extent permitted by law.
8. A complete exclusion of a refund is only possible if the returned goods have become entirely worthless due to circumstances attributable to the customer and the statutory requirements for this are met.
9. The customer is entitled to prove that no loss in value has occurred or that it is significantly lower.
10. Complaints, payment service provider procedures or chargeback procedures do not affect the statutory rights and obligations of the contracting parties.

Section 10 Statutory Liability for Defects

1. The statutory liability for defects applies to the goods offered.
2. If the delivered goods are defective, the customer may initially demand subsequent performance in accordance with the statutory provisions. Subsequent performance is carried out by remedying the defect or delivering defect-free goods.
3. The Seller may refuse the type of subsequent performance chosen by the customer if it is impossible or only possible at disproportionate cost and the statutory requirements for this are met.
4. If subsequent performance fails, is impossible or is legitimately refused, the customer is entitled to the further statutory rights, in particular reduction of the purchase price, withdrawal from the contract and, where applicable, damages.
5. Consumers are requested to report obvious defects as soon as possible. Failure to make an immediate report does not result in the loss of statutory defect rights.
6. For business customers, the statutory duties to inspect and give notice of defects apply, in particular pursuant to Section 377 of the German Commercial Code (HGB).

Section 11 Transport Damage

1. The customer is requested to check the goods for any visible transport damage immediately after delivery.
2. If the packaging is visibly damaged upon delivery, the damage should, where possible, be documented by the delivery agent.
3. If goods are already damaged or broken upon delivery, the customer is requested to inform the Seller as soon as possible, stating the order number.

4. For speedy processing, the customer should, where possible, provide the following photos:

   a) the damaged goods in their entirety,

   b) a close-up of the damage,

   c) the inner packaging and protective material used,

   d) the outer packaging including the shipping label, and

   e) any visible damage to the shipping carton.

5. The above cooperation and documentation requests serve solely to facilitate faster processing and the assertion of claims against the transport company. A consumer’s statutory rights in respect of defects are not excluded by missing or delayed documentation.
6. In the event of justified transport damage, the Seller will provide subsequent performance in accordance with the statutory provisions, in particular by delivering a replacement. If subsequent performance is impossible, has failed or is unreasonable, the customer’s further statutory rights apply.
7. The risk of transport damage on the way to the consumer is borne by the Seller in accordance with the statutory provisions.

Section 12 Special Provisions for Biscotto di Sorrento and Pizza Stones

1. Biscotti di Sorrento and other handcrafted pizza stones are natural or artisanal products. Due to the production process, they may differ slightly from one another in colour, structure, porosity, surface finish and dimensions.
2. Slight colour variations, minor unevenness, pores, rough areas, small irregularities at the edges or fine superficial hairline cracks may be typical characteristics of the material used and the artisanal manufacturing process.
3. Such product- and material-specific characteristics do not constitute defects, provided they do not impair the usual or expressly agreed suitability of the product for use and the goods conform to the agreed quality.
4. A complete fracture, major chipping or other damage that impairs safe or intended use and was already present when the risk passed is deemed a defect in accordance with the statutory provisions.
5. Pizza stones are sensitive to impacts, drops, mechanical stress and strong temperature fluctuations. The customer must observe the instructions for use, heating, cooling and care enclosed with the product or published on the website.
6. In particular, contact between a highly heated stone and cold water or a cold or wet surface must be avoided. Likewise, a wet or damp stone must not be heated strongly and immediately.
7. Damage occurring after handover due to dropping, impact, improper storage, incorrect cleaning, moisture, thermal shock, overheating outside the intended use or any other improper use does not give rise to defect rights, insofar as the Seller is not responsible for the damage.
8. The burden of proof is determined solely by the statutory provisions. Statutory presumptions in favour of consumers remain unaffected.
9. When returning a pizza stone, it must be packed so as to be shock-resistant, secure against movement and with sufficient protection on all sides. Where possible, the original protective packaging or equivalent packaging should be used.
10. If a pizza stone that was originally delivered undamaged arrives broken or damaged at the Seller’s premises due to inadequate return packaging for which the customer is responsible, the resulting and demonstrable loss in value may be deducted from the refund amount to the extent permitted by law.
11. The above provisions do not limit either the statutory right of withdrawal or the statutory rights of consumers in respect of defects.

Section 13 Liability

1. The Seller is liable without limitation

   a) in cases of intent or gross negligence,

   b) for culpable injury to life, limb or health,

   c) under the provisions of the German Product Liability Act,

   d) where a guarantee has been given, insofar as nothing to the contrary arises from the guarantee, and

   e) in cases of fraudulent concealment of a defect.

2. In the event of slightly negligent breach of a material contractual obligation, the Seller is liable only for the typical damage foreseeable at the time the contract was concluded.
3. Material contractual obligations are those obligations whose fulfilment is essential for the proper performance of the contract and on whose observance the customer regularly relies and may rely.
4. Otherwise, the Seller’s liability for damage caused by slight negligence is excluded to the extent permitted by law.
5. The above limitations of liability apply accordingly in favour of the Seller’s legal representatives, employees and vicarious agents.
6. Mandatory statutory liability provisions remain unaffected.

Section 14 Applicable Law

1. The law of the Federal Republic of Germany applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
2. For consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the country in which they have their habitual residence.

Section 15 Place of Jurisdiction

1. 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 contractual relationship is the Seller’s place of business.
2. The same applies if a business customer has no general place of jurisdiction in Germany or the European Union, or if their place of residence or habitual residence is unknown at the time the action is brought.
3. The statutory places of jurisdiction for consumers remain unaffected.

Section 16 Consumer Dispute Resolution

The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

Section 17 Final Provisions

1. Should individual provisions of these General Terms and Conditions be or become invalid in whole or in part, the validity of the remaining provisions shall not be affected.
2. The invalid provision shall be replaced by the relevant statutory provision.
3. Amendments or additions to these General Terms and Conditions must be made in text form, unless a different form is required by law. Individual agreements with the customer take precedence.

B. Customer Information for Consumers in Distance Selling Contracts

1. Identity of the Seller

aPizz
Owner: Mr Nunzio Vitiello
Sandtnerstraße 5
85053 Ingolstadt
Germany
Email: info@apizz.de

2. Essential Characteristics of the Goods

The essential characteristics of the goods offered can be found in the respective product description in the online shop. In case of doubt, the textual product description takes precedence over any illustrative images provided for example purposes only.

3. Conclusion of the Contract

Information on how the contract is concluded and the individual technical steps involved can be found in Section 2 of these General Terms and Conditions.

4. Prices and Shipping Costs

The prices and any additional shipping costs are shown in the respective product offer and during the ordering process.

5. Terms of Payment and Delivery

The available payment methods, delivery options and delivery times are shown in the respective offer or during the ordering process.

6. Statutory Liability for Defects

The statutory liability for defects applies to the goods offered.

7. Right of Withdrawal

Consumers generally have a statutory right of withdrawal. Details can be found in the Seller’s separate withdrawal policy.

8. Technical Steps and Correction of Input Errors

The customer can review their entries during the ordering process before submitting the binding order and correct them using the technical tools provided in the online shop.

Using the browser’s “Back” function, the customer can return to previous steps in the ordering process. Products can be removed from the shopping cart or their quantity changed before the order is placed.

9. Contract Language

The language available for concluding the contract is German.

10. Codes of Conduct

The Seller is not subject to any special codes of conduct.

Last updated: 1 September 2026