GENERAL TERMS AND CONDITIONS OF BUSINESS
1. Scope
1.1 The following general terms and conditions apply to all business relationships between Iceagle GmbH (hereinafter "Iceagle") and you as a customer (hereinafter also "customer") that are initiated and processed via our online shop (www.iceagle.eu). The general terms and conditions in the version valid at the time of the respective order are decisive.
1.2 Individual agreements made between Iceagle and the customer take precedence over these General Terms and Conditions. Any conflicting or other General Terms and Conditions of the customer are expressly rejected unless Iceagle expressly agrees to their validity in writing.
1.3 The range of goods in the online shop is aimed exclusively at consumers as end users. Iceagle therefore expressly reserves the right to offer and deliver goods to the customer only in household quantities. For the purposes of these General Terms and Conditions, (i) a "consumer" is any natural person who concludes the contract for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity and (ii) an "entrepreneur" is a natural or legal person or a partnership with legal capacity who, when concluding the contract, is acting in the exercise of their commercial or independent professional activity.
1.4 The offer in the online shop is currently aimed exclusively at customers who have their usual place of residence in one of our delivery areas and can provide a delivery address there. Further delivery restrictions arise from section 4.
2. Conclusion of contract
2.1 With the exception of PayPal, Iceagle's range of goods in the online shop is not a legally binding offer to conclude a purchase contract, but merely a non-binding online catalog to provide information about the range of goods in the online shop and an invitation to place an order. An order is bindingly placed by the customer when the customer clicks on the electronic control panel (button) "buy now" in the "shopping cart" area at the end of the ordering process. Before clicking on the "buy now" button, the previously entered data and the contents of the shopping cart can be changed at any time or the ordering process can be canceled by leaving the online shop. By placing an order, the customer submits a binding offer to Iceagle to conclude a purchase contract. The order confirmation sent by Iceagle to the customer by email does not constitute acceptance of the customer's offer, but merely informs the customer that Iceagle has received the order (confirmation of receipt). With the exception of the PayPal payment method, the purchase contract is concluded when the ordered goods are sent. Iceagle informs the customer by email that the goods have been handed over to the logistics service provider (“shipping confirmation”). Iceagle is entitled, but not obliged, to accept the customer’s contract offer within 14 days.
If the customer chooses PayPal as a payment method, the contract is concluded by clicking the “Buy Now” button.
2.2 If individual products are not available at the time the customer places the order, Iceagle reserves the right to reject the customer's order. Iceagle will inform the customer of this immediately and will immediately refund the customer's payment for the cancelled goods.
2.3 Iceagle will not accept any orders if the customer is under 18 years of age at the time the goods are ordered.
2.4 The contract language depends on the language offered to the customer in the online shop. Iceagle reserves the right to send the customer the invoice and delivery note in the respective national language, depending on the country of delivery.
2.5 Iceagle stores the currently applicable general terms and conditions and does not request the contract text in such a way that they are always accessible to the customer even after the contract has been concluded. The current terms and conditions and/or contract texts are made accessible in each case.
3. Cancellation policy for consumers
3.1 As a consumer, the customer has a right of withdrawal in accordance with the following cancellation policy:
Right of withdrawal
You have the right to withdraw from this contract within thirty days without giving any reason. The withdrawal period shall be thirty days from the day on which you or a third party other than the carrier designated by you takes possession of the last goods.
To exercise your right of withdrawal, you must contact us,
Iceeagle GmbH
Leopoldstrasse 244,
80807 Munich,
Germany
Phone +491777921236
Contact form
by means of a clear statement (e.g. by email) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory. You can also electronically fill out and submit the model withdrawal form or another clear statement here. If you make use of this option, we will send you a confirmation of receipt of such a withdrawal immediately (e.g. by email).
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choosing a different type of delivery than the cheapest standard delivery offered by us), promptly and at the latest within thirty days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to Iceagle GmbH, Online-Shop, Karlsruher Str. 9 immediately and in any event no later than thirty days from the date on which you notify us of the cancellation of this contract.
70771 Leinfelden-Echterdingen. This deadline is met if you send the goods before the expiry of the thirty-day period.
We will bear the cost of returning the goods.
You only have to pay for any loss of value of the goods if this loss of value is due to handling which is not necessary to check the quality, properties and functioning of the goods.
End of the cancellation policy
3.2 The right of withdrawal does not exist according to § 312g paragraph 2 BGB, among other things
for the supply of goods which are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or which are clearly tailored to personal needs.
in the case of the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
in the case of the delivery of goods which, due to their nature, are inseparably mixed with other goods after delivery.
4. Delivery, delivery times, availability of goods
4.1 Deliveries are made to the delivery address provided by the customer. Delivery is only made to an address within our delivery area. Details about Iceagle's delivery area can be found on the "Shipping and Delivery" page. Iceagle reserves the right to make partial deliveries within the scope of what is reasonable for the customer. Iceagle will inform the customer of this in the shipping confirmation.
4.2 Iceagle informs the customer of the delivery time during the ordering process. Iceagle informs the customer immediately of any delivery delays due to force majeure or other reasons for which it is not responsible and informs the customer of a new delivery period that is appropriate in the respective circumstances. If the goods cannot be delivered within the new delivery period for reasons for which Iceagle is not responsible, Iceagle can withdraw from the contract in whole or in part. Any consideration already paid by the customer will be refunded immediately. If the customer cannot reasonably be expected to accept the delivery due to the delay, he can withdraw from the contract by giving Iceagle timely notice in text form (i.e. in writing, by fax or email). Other statutory rights of the customer remain unaffected.
4.3 If goods are marked as unavailable in the online shop, the customer can reserve these items by clicking on the "Reserve" button. As soon as the desired goods are available, Iceagle will inform the customer by email and provide the customer with a link in this email to start the ordering process.
5. Prices and shipping costs
5.1 The prices stated at the time of the order apply. All prices are final prices including the applicable statutory sales tax.
5.2 Delivery costs and any additional costs for services requested by the customer and additionally offered by Iceagle in the online shop are shown in the order form and are to be borne by the customer. Shipping costs may vary depending on the delivery method and the nature of the order. Further information on the amount of shipping costs can be found on the "Shipping and Delivery" page.
6. Payment and payment methods
6.1 The purchase price is due upon delivery without deduction.
6.2 Iceagle generally offers the following payment methods: credit card or PayPal. Iceagle is entitled to restrict the payment methods available to the customer depending on the result of the credit check and the order value. Refunds of the purchase price are always made via the payment method selected by the customer.
6.2.1 When paying by invoice, Iceagle grants the customer a payment deadline of 14 days from receipt of the goods. This payment method is only available to consumers and requires that the billing and delivery addresses are identical.
6.2.2 Iceagle accepts the payment services of the credit card providers Mastercard, Visa and American Express as part of the credit card payment method. The invoice amount will be reserved on your credit card on the day of your order and will be charged to the credit card on the day the goods are dispatched.
6.2.3 When paying via PayPal, the goods will be dispatched after payment has been confirmed by PayPal.
6.3 The customer is only entitled to set-off rights if his counterclaims have been legally established, are undisputed or have been acknowledged in writing by Icegle. In addition, the customer is only entitled to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.
7. Retention of title
The delivered goods remain the property of Iceagle until all claims arising from the sale of the goods have been fully settled.
8. Warranty
8.1 In the event of defects, the customer's claims for subsequent performance, reduction and withdrawal from the contract are governed by the statutory provisions. As part of the subsequent performance, the customer can request a new delivery or remedy of the defect. However, Iceagle is entitled to refer the customer to a new delivery if remedying the defect would involve disproportionate effort. The customer's right to demand compensation or reimbursement of wasted expenditure is governed by the following Section 9 of these General Terms and Conditions.
8.2 Warranty claims expire two years after delivery of the goods.
9. Liability
9.1 Iceagle is liable for damages only in the cases of letters a) to d) as follows:
(a) for injury to life, body and/or health as well as for damages caused intentionally or through gross negligence without limitation;
(b) for damages resulting from non-compliance with any written guarantees to the extent of your financial interest as the purchaser, which is covered by the purpose of the guarantee and was known to us when it was given;
(c) in cases of product liability under the Product Liability Act;
(d) for the breach of essential contractual obligations due to slight negligence, the resulting liability for damages is limited to the extent of the damage that Iceagle could typically have expected to occur at the time of conclusion of the contract based on the circumstances known to Iceagle at that time. Essential contractual obligations are those basic obligations that were decisive for the conclusion of the contract and on whose compliance the customer could rely.
9.2 Furthermore, any liability for damages on our part, regardless of the legal basis, is excluded.
9.3 In the cases referred to in 9.1 d), claims for damages and reimbursement of expenses expire after twelve months. The limitation period begins with the delivery of the item in accordance with Section 438 Paragraph 2 of the German Civil Code (BGB).
9.4 To the extent that our liability is excluded under these provisions, this also applies to the liability of our bodies and vicarious agents, in particular employees.
10. Customer reviews and comments in the online shop
If you post or provide customer reviews, comments or other content in our online store, you grant Iceagle and affiliated companies (§§ 15 ff. AktG) the non-exclusive, perpetual, royalty-free, sublicensable and transferable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display this content worldwide in any media. This includes the right to use the name you submit in connection with this content.
11. Data protection
11.1 In order to process the contract concluded with the buyer, it is necessary to process the buyer's personal data. All personal data provided by the customer will be processed exclusively in accordance with the applicable data protection regulations.
11.2 The contracting parties undertake to comply with the applicable data protection laws and regulations.
11.3. Details about the processing of personal data by Icegle GmbH can be found in the privacy policy on our homepage.
12. Complaints/ Dispute resolution
12.1. The EU Commission has provided a platform for out-of-court dispute resolution at http://ec.europa.eu/consumers/odr/. This gives consumers the opportunity to resolve disputes relating to their online order without initially involving a court. We are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.
12.2 If you have any questions, please feel free to contact us using the contact form.
13. Final provisions
13.1 Iceagle and the customer agree to the application of German law, excluding the applicability of the UN Convention on Contracts for the International Sale of Goods.
13.2 Should individual provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining contractual conditions.
13.3 If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from and in connection with the contract concluded with us is our registered office. The same applies if you do not have a general place of jurisdiction in a member state of the European Union or if, in the event of legal action against you, your place of residence or habitual abode is not known at the time the action is brought. However, Iceagle is also entitled to sue the customer at his or her general place of jurisdiction.