Business Terms and customer information
I. Standard business terms
§ 1 Basic provisions
(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (Waldemar Baierle) via the http://www.iced-out.biz website. Unless otherwise agreed upon, the inclusion, if necessary, of your own conditions is ruled out.
(2) A ‘consumer’ in the sense of the following regulations is every natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term ‘businessman’ refers to every natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject-matter of the contract is the selling of products.
(2) Our offers on the website are non-binding and are not a binding offer to conclude a contract.
(3) You can use the online shopping cart system to place a binding offer of purchase (order).
Here, the goods meant for purchase are stored in the ‘Shopping cart’. You can use the respective button in the navigation bar to call up the “shopping cart” and make changes at any time. After the ‘check-out’ page has been called up and the respective personal data and payment and shipping conditions have been entered, all the order data is displayed again on the order overview page. If you use the ‘PayPal – Express’ quick-payment system by clicking the correspondingly-marked button that is integrated into the shop system, you shall be directed to the PayPal log-in page. After a successful log-in procedure, your address data and account data that have been saved with PayPal are displayed. The ‘next’ button leads you back to the order overview page in our online shop.
Before the order is sent, you can re-check all the data, change it (which can also be done via the internet browser’s ‘back’ function) or cancel the purchase transaction.
When the order is placed using the “Place order in conjunction with a liability to pay” button, you are considered to have made a binding offer to us.
(4) The acceptance of the offer (and with it, the conclusion of the contract) takes place immediately after placing the order via a textual confirmation (e.g. email), in which you receive confirmation (order acknowledgement) regarding the execution of the order or the delivery of the products in question.
If you have not received any corresponding message within this deadline, you are no longer considered to be bound to your order. Under such circumstances, any services that have already been provided are restored without undue delay.
(5) The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.
§ 3 Individually-designed products
(1) You are to use the on-line ordering system to provide us with the respective details, texts or files that are necessary for the customised designing of the products in question. This can also be done via e-mail, in which case it must be done in a prompt manner after the contract has been concluded. Any potential specifications that we may issue regarding file formats are to be borne in mind.
(2) You are obligated to ensure that you do not transfer data whose contents violate the rights of external parties (especially copyrights, rights to names and trademark rights) or break existing laws. You explicitly free us from any and all claims related to this matter that may be raised by external parties. This also applies to the costs associated with any legal representation that may become necessary in this regard.
(3) We do not check the transferred data for textual accuracy. In this respect, we assume no liability for errors.
(4) Insofar as we create texts, images, graphics and designs for you within the framework of the customised designing process, the said items are subject to copyright law.
Individual parts or complete contents may not be utilised, reproduced or modified unless we have explicitly authorised such a course of action.
Unless otherwise agreed upon, we assign to you a temporally unrestricted right to use the copyright-protected items that have been created for you. You are explicitly prohibited from making the protected items or parts thereof privately or commercially available to external parties in any manner whatsoever.
The transfer of the right of use is subject to the suspensive condition of full payment of the agreed-upon purchase price.
§ 4 Special agreements related to the offered payment methods
(1) Purchase on account via Billpay
In case of a purchase on account transaction, the billing amount is payable to our external partner Billpay GmbH (www.billpay.de) on the calendar day specified in the invoice (20 or 30 calendar days after the billing date). The ‘purchase on account’ payment method is not available for all offers. It requires, among other things, that a successful credit assessment be carried out by Billpay GmbH.
If, after the credit rating has been checked, you are permitted to use the ‘purchase on account’ method for specific offers, the payment is executed in collaboration with Billpay GmbH, to whom we cede our payment claim. In such a case, you can only make debt-discharging payments to Billpay GmbH.Even in case of a purchase on account transaction that is carried out via Billpay, we remain responsible for general customer enquiries (e.g. enquiries regarding the product, delivery period and shipping), return shipments, complaints, declarations of revocation, revocation consignments and credit notes.
The standard business terms of Billpay GmbH (http://www.billpay.de/allgemein/datenschutz/) are applicable.
(2) Purchase via debit note using Billpay; SEPA direct debit mandate; processing fee for return debit notes
(a) If the purchase is being made via a debit note using Billpay, the payment amount immediately becomes payable via a collection operation that is carried out by our external partner (Billpay GmbH https://www.billpay.de/endkunden/) and which is directed towards the cheque account that was specified within the framework of the ordering process and which is associated with the specified credit institution (the cheque account). You hereby award Billpay GmbH an SEPA direct debit mandate for the collection of payments that are due and instruct your bank to honour the debit notes. The creditor identification number of Billpay is DE19ZZZ00000237180. The mandate reference number is imparted to you at a later stage via e-mail, along with a template for a written mandate. In addition, you shall sign this written mandate and send it to Billpay.
Please note: You are, within a period of eight weeks beginning from the debit date, entitled to demand that the debited amount be refunded. The conditions that have been agreed upon with your bank shall apply. Please note that the payable debt claim remains in force even if the situation in question involves a return debit note. Further information can be found at https://www.billpay.de/sepa/
The preliminary information regarding the collection of the SEPA debit note is given to you at least one day before the due date, and this is done via an e-mail that is sent to the e-mail address that you had specified during the ordering process.
If the cheque account does not possess the required covering funds, the credit institution maintaining the account is not subject to a payment obligation. Partial payments cannot be made within the framework of the direct debit scheme.
b) The ‘purchase via debit note’ payment method is not available for all offers. It requires, among other things, that a successful credit assessment be carried out by Billpay GmbH as well as a cheque account in Germany. If, after the credit rating has been checked, you are permitted to use the ‘purchase via debit note’ method for specific offers, the payment is executed in collaboration with Billpay GmbH, to whom we cede our payment claim. In such a case, you can only make debt-discharging payments to Billpay GmbH. Even in case of a purchase via debit note transaction that is carried out via Billpay, we remain responsible for general customer enquiries (e.g. enquiries regarding the product, delivery period and shipping), return shipments, complaints, declarations of revocation, revocation consignments and credit notes. The standard business terms of Billpay GmbH (http://www.billpay.de/allgemein/datenschutz/) are applicable.
(c) By specifying the cheque account, you confirm that you are entitled to carry out direct debit operations vis-à-vis the cheque account in question, and will take care of the necessary cover. Return debit notes are, from our point of view and Billpay GmbH, associated with significant amounts of efforts and high costs. In a situation involving a return debit note (in the absence of the required covering funds in the cheque account, on account of the expiry of the cheque account, or an unauthorised objection raised by the account-holder), you authorise Billpay to once again include the debit note for the respective use payment obligation. In such a case, you are under obligation to pay the costs arising through the return debit note. Further-reaching claims shall remain reserved. You have the option of producing evidence to show that the return debit note resulted in lower costs, or that it did not result in any costs at all. In view of the efforts and costs associated with return debit notes, and in order to avoid having to pay the processing fee, you are requested to not contradict the debit note in a situation involving a revocation, a withdrawal from the purchase contract, a return delivery or a reclamation. In such a situation, after an agreement has been reached with us, a reverse transaction takes place for the payment, and this occurs via a credit note or the refunding of the corresponding amount.
§ 5 Right of retention, reservation of proprietary rights
(1) You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price is paid in full.
§ 6 Liability
(1) We also provide unlimited liability for damage caused due to the violation of life, limb or health. Furthermore, we provide liability without limitation in all cases of intent and gross negligence, if a defect is fraudulently concealed, in case of assumption of guarantee for the procurement of the object of purchase and in all other legally regulated cases.
(2) The liability of defects within the scope of the implied warranty complies with the corresponding regulation in our customer information (Part II).
(3) If the situation in question relates to important contractual obligations and involves minor negligence, our liability is limited to the foreseeable damages that are typical for the contract. The term ‘important contractual obligations’ refers to important obligations that follow from the nature of the contract and whose violation would jeopardise the fulfilment of the purpose of the contract. It also covers obligations that the contents of the contract impose on us in order to facilitate the fulfilment of the purpose of the contract and whose fulfilment makes it possible for the contract to be executed in an orderly manner, and compliance with which may regularly be taken for granted by you.
(4) When it comes to the violation of inessential contractual obligations, no liability shall be assumed if the situation in question involves violations of obligations associated with light negligence.
(5) The current state of the respective technology makes it impossible to guarantee that data transmission operations that use the internet will take place in an error-free manner characterised by permanent availability. In this respect, we cannot vouch for the constant and uninterrupted availability of the website and the service offered on the website.
§ 7 Choice of law, place of fulfilment, jurisdiction
(1) German law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer’s usual place of residence is located (benefit-of-the-doubt principle).
(2) If you are not a consumer, but a businessman, a legal entity under public law or an institutional fund governed by public law, our place of business is the place of jurisdiction as well as the place of fulfilment for all services that follow from the business relationships that exist with us. The same condition applies to situations in which you are not associated with a general place of jurisdiction in Germany or the EU, as well as situations in which the place of residence or the usual place of residence is not known at the time of commencement of proceedings. This has no bearing on the capacity to call upon the court associated with another place of jurisdiction.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.
II. Customer information
1. Identity of the seller
Bingener Str. 18a
2. Information regarding the conclusion of the contract
The technical steps associated with the conclusion of the contract, the contract conclusion itself and the correction options are executed in accordance with § 2 of our standard business terms (part I.).
3. Contractual language, saving the text of the contract
3.1 Contract language shall be English.
3.2 The complete text of the contract is not saved with us. Before the order is sent, via the online - shopping cart system the contract data can be printed out or electronically saved using the browser’s print function. After the order is received by us, the order data, the legally-mandated details related to distance selling contracts and the standard business terms are re-sent to you via e-mail.
4. Main features of the product or service
The main features of the product and/or service can be found in the product description and the supplementary details appearing on our website.
5. Prices and payment arrangements
5.1 The prices mentioned in the respective offers represent total prices, as do the shipping costs. They include all the price components, including all the incidental taxes.
5.2 The dispatch costs that are incurred are not included in the purchase price. They can be called up via the relevant button on our website or in the relevant item description, are separately specified during the ordering process and must be borne by you separately, unless a free delivery has been agreed upon.
5.3 The payment methods that are available to you are specified under a correspondingly-named button on our website, or in the respective product description.
5.4 Unless otherwise specified for the respective payment methods, the payment claims arising from the contract that has been concluded become payable immediately.
6. Delivery conditions
6.1 The delivery conditions, the delivery date and any potential delivery restrictions can be found under a correspondingly-named button on our website, or in the respective product description.
6.2 If you are a consumer, the following is statutorily regulated: The risk of the sold item accidentally being destroyed or degraded during shipping only passes over to you when the item in question is delivered, regardless of whether or not the shipping operation is insured. This condition does not apply if you have independently commissioned a transport company that has not been specified by us or a person who has otherwise been appointed to execute the shipping operation.
7. Statutory warranty right
7.1 The statutory warranty rights are applicable.
7.2 As a user, you are requested to promptly check the product for completeness, visible defects and transport damage as soon as it is delivered, and promptly disclose your complaints to us and the shipping company in writing.Even if you do not comply with this request, it shall have no effect on your legal warranty claims.
These SBTs and customer details were created by the lawyers specialising in IT law who work for the Händlerbund, and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and assumes liability in case warnings are issued. More detailed information can be found on the following website: http://www.haendlerbund.de/agb-service.