Terms of Sale

§ 1 Sphere of validity

Only the version of the following terms and conditions of business in force at the point in time an order is placed shall apply for business relationships with the Buyer for orders placed over the internet.

§ 2 Concluding the contract

The following regulations shall apply for entering into a contract as a result of placing an order in our internet shop:

  1. By sending off an order the Customer is making an offer within the meaning of § 145 of the German Civil Law [BGB]. The Customer will receive confirmation of receipt of the order by e-mail. We shall notify the Customer separately of errors in the information about or range of products on our web site and submit a corresponding counter-offer to him.
  2. The Customer waives the receipt of a declaration of acceptance, § 151 P1 of the German Civil Code [BGB]. The contract with us shall materialise if we accept the Customer’s offer to enter into a contract within 10 days in writing or in text or forward the ordered goods or if the Customer pays cash in advance or for an appropriate selected method of payment.

§ 3 Delivery, Dispatch costs, Passing of risk

The goods shall be delivered at the dispatch costs shown in the respective offer. In so far as the Customer is a consumer we shall bear the risk of dispatch in all cases. In so far as the Customer is a registered business, all risks and dangers of dispatch shall pass over to the Customer as soon as the goods have been handed over to the appointed forwarder.

§ 4 Reservation of title

The supplied goods shall remain our property until the purchase price for them has been paid in full.

§ 5 Warranty

A warranty is furnished that the goods at the point in time of hand-over are more or less of the agreed condition and are free of quality defects. That means, that the goods are suitable for the use assumed in the contract or are suitable for normal use and that the Customer can expect them to be of a condition normal for things of the same type given the type of the thing and what we and / or what the manufacturer has said. The features of the goods as stated by us, the marking or advertising shall only be regarded as an agreed condition for registered businesses in the event that this has been expressly stated in the offer, confirmed by us in writing or is stated in the order confirmation. If the purchase constitutes a commercial transaction for both parties within the meaning of § 343 of the German Commercial Code [HGB], § 377 of the German Commercial Code [HGB] shall apply. The warranty shall provide cover for a period of 2 years for new goods. The warranty for used goods is 2 years if the Customer is a consumer. A warranty will not be furnished for used goods if the customer is a registered business. The warranty shall begin when the goods have been received by the customer. § 478 of the German Civil Code [BGB] shall not be affected. In the event of a defect you shall initially have a legal right to subsequent fulfilment (remedy of the defect or supply of a replacement). In addition to this, if the statutory preconditions have been satisfied you will also be entitled to have the purchase price reduced or to withdraw from the contract and claim compensation for damages and the reimbursement of expenditure spent in vain. Subsequent fulfilment can only be refused if it is only possible with disproportionately high costs. Withdrawal from the contract is precluded if the defect is minor.

§ 6 Consumer information for distance selling contracts for the purchase of goods

We shall not be subject to special codes of conduct not mentioned above.

The important characteristics of the goods offered for sale by us as well as the period of validity of offers only available for a limited period of time are shown in the individual product descriptions included in our range of goods available over the internet.

The print function on the browser gives you the option of printing out the text of the contract. You may also store the text of the contract by clicking on the right hand mouse button and saving the web page on your computer. The contract text for orders in our internet shop is not accessible for customers. Moreover, the text of the contract will be saved by us.

After entering into the contract you will automatically receive an email with additional information on how the order will be handled.

Complaints and claims under warranty may be addressed to the address stated in the supplier designation.

Please find information on payment, delivery or fulfilment from the offer.

In the internet shop you will be informed in the course of the order sequence of the options for identifying and correcting defects.

§ 7 Data protection reference

As the authority responsible in accordance with statutory data protection regulations we are furnishing you with an assurance that your personal data will be collected, amended, transmitted, blocked, deleted and used within our company in accordance with the data protection regulations in force and other statutory regulations in such a way so as to protect your personal data.

In the course of the ordering sequence we shall ask you for various personal data in our customer data form which you can forward to us by sending off your order together with the remaining data in the order. Consequently we shall only collect the personal data that is sent to us by you.

This personal data shall only be collected to fulfil our own business purposes as part of the contract entered into.

Your personal data will only be passed on to third parties who are service providers involved in the order-handling process, such as, for example, the forwarders appointed to deliver the goods and the bank appointed to handle payment-related matters. In the event that your personal data is handed over to third parties the scope of the transmitted data shall be restricted to the minimum required.

By inputting your personal data and accepting this data protection statement you are stating that you agree to your personal data being collected, processed and used in accordance with the data protection statement above.

You are entitled to receive information about the personal data saved about you free of charge. May we ask that you apply to the address for the designated supplier if you have any enquiries. In so far as the personal information saved about you is incorrect, the data shall of course be corrected upon the receipt of information to that effect from you. Moreover, you shall be entitled at any time to revoke your consent to your personal data being saved with effect for the future. In the event that we are notified to that effect, the personal data saved about you shall be deleted, unless the data concerned is still required to fulfil the obligations of the contract entered into or statutory regulations prevent deletion. In this case the personal data concerned shall be blocked instead of being deleted. May we ask that you contact the address for designated supplier if you have any queries concerning data protection law.

§ 8 Miscellaneous

The contract between ourselves and the customer as well as the respective terms and conditions of business shall be governed by the law of the Federal Republic of Germany. In so far as the customer is a consumer, the existing statutory regulations and rights of the country in which the customer is located shall apply for the benefit of the consumer and shall not be affected by this agreement. The UN law of sales shall not apply.

The sole place of jurisdiction shall be the local courts having jurisdiction where our company is based in so far as the customer is a registered business within the meaning of the German Commercial Code [HGB] or is a public law corporation.

§ 9 Partial validity clause

Should individual provisions of this contract be partially or completely invalid, or lose their legal validity subsequently, the validity of the remainder of the contract shall not be affected as a result.

Information of the right of revocation / Information of the right of revocation for consumers

Right of revocation

You may revoke your contractual statement within 2 weeks in writing (E.g. latter, fax, e-mail) or by returning the thing within one month without having to state your reasons for doing so. This  period shall begin no earlier than the receipt in writing of your right of revocation to be sent to you under separate cover as well as receipt of the goods. It shall suffice that the revocation or the thing is sent off on time for the period of revocation to have been observed. Revocation is to be sent to:

ICED-OUT.BIZ
Bingenerstr. 18a
55496 Argenthal

Email: biz@iced-out.biz

value added tax registration number: DE 220884665

Consequences of revocation

In the event that the revocation is effective, the performances already received by both parties are to be returned and if any benefits have been derived from them (e.g. interest), are to be handed over. If you are unable to return some, or all, of the performance received or are only able to do so in a poor condition, you will, given this, have to pay us compensation for the difference in value. This shall not apply when you return the things to us, if the deterioration of the thing is attributable solely to it having been inspected, as you possibly would have been able to in a shop for example. Moreover, you may avoid the obligation to pay compensation for loss of value by not using the thing as if it was your property and refraining from everything impairing its value. Things which can be returned to us in a parcel are to be returned to us. You shall have to bear the costs of return if the supplied goods are the same as the goods you have ordered. Otherwise the return shall be free of charge for you. Things which cannot be returned in parcels will be collected from you. You shall have to fulfil obligations to refund payments within 14days from sending us your statement of revocation.

In the event of revocation the dispatch costs incurred by you in sending the goods to us shall be reimbursed to us.

*: incluye IVA, más gastos de envío