§ 7 Warranty
(1) The statutory warranty rights apply. We expressly point out that the statutory right of withdrawal lapses upon activation of the icebein Recovery System by filling it with water. Returns after activation can only be processed as a gesture of goodwill. Additionally, we note that a usage fee of €149 (including VAT) will be deducted after activation.
(2) As a consumer, you are requested to immediately check the goods upon delivery for completeness, obvious defects, and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so does not affect your statutory warranty rights.
(3) If you are an entrepreneur, the following applies instead of the above warranty regulations:
a) The product description provided by the manufacturer is considered the agreed condition of the goods.
b) In the event of defects, we provide warranty service at our discretion through rectification or replacement. If the defect resolution fails, you may, at your discretion, request a price reduction (reduction) or withdraw from the contract. Rectification is considered failed after two unsuccessful attempts, unless the nature of the item, the defect, or other circumstances indicate otherwise. In the case of rectification, we are not required to bear the increased costs resulting from the relocation of the goods to a location other than the place of fulfillment, provided the relocation does not correspond to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The reduction of the warranty period does not apply:
- For damages attributable to us caused by injury to life, body, or health and in the case of other damages caused by willful misconduct or gross negligence.
- If we have fraudulently concealed the defect or provided a guarantee for the condition of the goods.
- For legal recourse claims you have against us in connection with defect rights.
§ 8 Governing Law, Place of Performance, Jurisdiction
(1) German law applies to the exclusion of conflict of laws provisions. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn (principle of favorability).
(2) The place of performance for all services from the business relationships with icebein GmbH and the place of jurisdiction is the registered office of icebein GmbH, provided you are not a consumer but a merchant, a legal entity under public law, or a special fund under public law. The same applies if you have no general place of jurisdiction in Germany or the EU, or if your domicile or habitual residence is unknown at the time the action is brought. The right to also invoke the court at another legal place of jurisdiction remains unaffected.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) do not apply explicitly.
§ 9 Contract Language, Storage of Contract Text
(1) The contract language is German.
(2) The complete contract text is not stored by us. Before submitting the order via the online shopping cart system, you can print out or electronically save the contract data using the print function of your browser. After your order is received by us, the order data, the legally required information for distance selling contracts, and the General Terms and Conditions will be sent to you again via email.
(3) For inquiries regarding offers made outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g., via email, which you can print out or save electronically.
§ 10 Formal Requirements / Severability Clause
If individual provisions of these General Terms and Conditions are invalid, this does not affect the validity of the other provisions. The invalid provision will be replaced by the relevant statutory provision or will, subsidiarily, be determined based on the mutual intention of the parties.
§ 11 Essential Characteristics of the Goods
The essential characteristics of the goods can be found in the respective non-binding offer in the online shop.
§ 12 Prices and Payment Modalities
(1) The prices in the online shop apply ex works and are quoted in Euros, including the applicable statutory VAT, but excluding shipping costs.
(2) Shipping costs are not included in the purchase price. These costs can be accessed via a designated button on our website or in the respective offer during the ordering process. They are shown separately and must be borne by you unless free shipping has been expressly confirmed in writing by icebein GmbH.
(3) If delivery is made to countries outside the European Union, additional costs may arise for which we are not responsible, such as customs duties, taxes, or money transfer fees (e.g., transfer or exchange rate fees charged by credit institutions), which must be borne by you.
(4) Any money transfer costs (e.g., transfer or exchange rate fees charged by credit institutions) incurred must also be borne by you if the delivery is made to an EU member state, but the payment is made from outside the European Union.
(5) The payment methods available to you are listed under a designated button on our website or in the respective offer.
(6) Unless otherwise stated for the respective payment methods, payment claims arising from the concluded contract are immediately due for payment. Delivery will only take place after payment has been made and received in the account of icebein GmbH.
§ 13 Delivery Conditions
(1) The delivery conditions, delivery time, and any existing delivery restrictions can be found under a designated button on our website or in the respective offer.
(2) If you are a consumer, it is legally stipulated that the risk of accidental loss or accidental deterioration of the sold goods during shipment passes to you only upon receipt of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you independently commission a transport company not named by the entrepreneur or a person designated to carry out the shipment.
If you are an entrepreneur, delivery and shipment are at your own risk.
§ 14 Statutory Warranty Rights
Warranty claims are governed by the "Warranty" provisions in our General Terms and Conditions (refer to § 7).
§ 15 Right of Withdrawal and Return Policy in Case of Withdrawal
(1) Right of Withdrawal
For distance contracts (§§ 1 ff. Distance and Off-Premises Contracts Act - FAGG), consumers within the meaning of the Consumer Protection Act (KschG) may withdraw from the contract within 14 days from receipt of the goods. It is explicitly stated here that this right of withdrawal only applies to consumers and not to entrepreneurs (definitions of consumer and entrepreneur can be found under § 1 (2)).
As a consumer, you generally have a statutory right of withdrawal for online purchases of goods on the website www.icebein.com. Icebein GmbH provides the following information about this right of withdrawal in accordance with the legal template. A sample withdrawal form can be found under point (5), and exceptions to the right of withdrawal are listed under point (6).
(2) Right of Withdrawal and Withdrawal Period
As a consumer, you have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day you or a third party designated by you, who is not the carrier, has taken possession of the last goods.
Saturdays, Sundays, and public holidays are included in the calculation of the period. To meet the withdrawal deadline, it is sufficient for you to send the notice regarding the exercise of the right of withdrawal before the withdrawal period expires.
To exercise your right of withdrawal, you must inform us:
icebein GmbH
Industriestraße 10
67269 Grünstadt
Germany
Phone: +49 (0) 6359 9170217
Email: info@icebein.com
by means of a clear declaration (e.g., a letter sent by post or an email) of your decision to withdraw from this contract. You may use the attached sample withdrawal form, but it is not mandatory.
(4) Consequences of Withdrawal
If you withdraw from this contract, we are obligated to reimburse all payments we have received from you, including delivery costs, without undue delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this reimbursement, we will use the same payment method that you used in the original transaction, unless expressly agreed otherwise in writing with you. A refund in cash or as a gift voucher is excluded. In no case will you be charged any fees for this reimbursement.
We may withhold the reimbursement until we have received the goods back.
You must return or hand over the goods to us immediately and in any event no later than fourteen days from the day you notify us of the withdrawal from this contract. The deadline is met if you send the goods before the fourteen-day period has expired.
Conditions for withdrawal include unused cooling units, cooling pads, and trousers. Filling water into any of the products results in the exclusion of the right of withdrawal.
The costs of returning the goods are to be borne by you.
We explicitly point out that activating the icebein Recovery System by filling it with water will result in the statutory right of withdrawal lapsing. Returns after activation can only be handled as a gesture of goodwill. Additionally, we highlight that a usage fee of €149 (including VAT) will be deducted from the purchase price in such cases.
(5) Sample Withdrawal Form
Icebein GmbH informs about the sample withdrawal form in accordance with legal regulations as follows:
Sample Withdrawal Form
(If you wish to withdraw from the contract, please complete this form and return it to us.)
To:
icebein GmbH
Industriestraße 10
67269 Grünstadt
Germany
Phone: +49 (0) 6359 9170217
Email: info@icebein.com
I/we (*) hereby withdraw from the contract concluded by me/us (*) regarding the purchase of the following goods (*)/the provision of the following service (*):
Ordered on (*)/received on (*)
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only for communication on paper):
Date:
(*) Delete as appropriate.
(6) Cases Where the Right of Withdrawal Does Not Apply
The right of withdrawal does not apply to the following cases:
- Contracts for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded.
- Contracts for the delivery of sealed goods that are not suitable for return for health protection or hygiene reasons if their seal was removed after delivery.
- Contracts for the delivery of goods that, due to their nature, were inseparably mixed with other goods after delivery.
- Filling the cooling units, cooling pads, or trousers with water leads to the loss of the right of withdrawal.
(7) Depreciation or Loss of Value
The goods must be returned to us in their original packaging with all accessories. The customer has the right to inspect the goods in the same way that would be possible in a retail store. For any use beyond this inspection and for any depreciation of the goods (e.g., damage to packaging, missing accessories), we will charge the actual damage incurred.
This means that the customer is liable for any diminished value of the goods if this loss of value is due to handling that was not necessary to ascertain the nature, properties, and functioning of the goods.
§ 16 Delivery
(1) Delivery of freight items can only occur if a delivery date is agreed upon within the availability period communicated in the order confirmation (Section 2.3). The purchase contract for freight items between you and icebein GmbH is therefore subject to the resolutory condition that you agree on a delivery date with the supplier within the availability period as per Section 3 of these GTC. This resolutory condition only applies if the supplier has repeatedly (at least twice) attempted to contact you in accordance with Section 3 of these GTC. If this agreement is not reached within the availability period, you may request a refund of the purchase price from icebein GmbH. Processing will be handled by the supplier, whom you can reach via the phone number provided in the order confirmation (if you no longer have this number, please contact us at info@icebein.com).
(2) Delivery of freight items is made to the curbside ("free curbside delivery") by the supplier at the delivery date agreed upon directly during the online purchase or with the supplier. If "free point-of-use delivery" is agreed upon, you are responsible for ensuring that the supplier can access the point of use through sufficiently wide paths, staircases, and doors (the carrying path must be free of furniture, and no delivery through windows or similar means will be made). You are obligated to confirm receipt of the goods to the supplier.
(3) The delivery date for parcel shipments can be found using a tracking link sent to you via email. Parcel shipments will be delivered "free to the first lockable front door." You are obligated to confirm receipt of the goods to the supplier.
(4) Delivery of freight or parcel items to neighbors is excluded. If delivery of freight or parcel items is not possible at the agreed delivery date due to your fault, icebein GmbH or the supplier may charge you the costs of a subsequent delivery appointment.
(5) Delivery is only possible within the distribution area of icebein GmbH (you will find out if an address lies within this area when placing the item in the shopping cart for the first time and selecting a delivery address). Parcel shipments can only be made to existing residential addresses and, if possible considering parcel size, contents, and logistics provider, to parcel stations and parcel shops. Freight shipments can only be made to existing residential addresses, not to parcel stations or parcel shops.
§ 17 Old Appliances
(1) Electrical and electronic devices marked with the following symbol (crossed-out wheeled bin) and/or displaying this symbol in their user manual must not be disposed of via household waste. This means that the "icebein chiller I," as an electronic device, must not be disposed of via household waste.
You are obligated to collect old electrical and electronic devices, such as the "icebein chiller I," separately and hand them over to an authorized collection point (e.g., local recycling or waste disposal center). Through these collection points, the devices are properly recycled or disposed of.
(2) Old batteries and accumulators not enclosed by the product to be disposed of must be removed from the product before handing it in at a collection point. Old batteries and accumulators are also marked with the crossed-out wheeled bin symbol. If chemical symbols such as Pb (for lead), Cd (for cadmium), or Hg (for mercury) are added below the crossed-out wheeled bin, this indicates that the battery contains heavy metals that can severely harm the environment and health if mishandled.
Old batteries and accumulators can be handed in at local recycling or waste disposal centers or at retail stores.
§ 18 Online Dispute Resolution Platform / Alternative Dispute Resolution
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), which you can access via the external link: https://ec.europa.eu/odr.
Icebein GmbH has decided not to participate in dispute resolution procedures before a consumer arbitration board. This information is provided in accordance with § 36 VSBG.
§ 19 Notice Pursuant to VSBG
In fulfillment of our obligations under § 36 VSBG, we inform you that we are neither willing nor obligated to participate in dispute resolution procedures before a consumer arbitration board in accordance with the Consumer Dispute Resolution Act (VSGB). Therefore, we cannot offer you participation in such a procedure.
§ 20 Legal Notices
NO WARNING NOTICE without prior written contact.
If any content or information on this website or parts of this web offering infringe on third-party rights or cause other legal issues under competition law, we request a quick and appropriate notification without a cost note, referring to § 8 para. 4 UWG (German Act Against Unfair Competition). The disputed information or content will then be removed or adapted to meet legal requirements within a reasonable timeframe without the need for a legal advisor to be involved.
The involvement of a legal advisor to issue a warning at the provider's expense does not reflect the actual or presumed intention of the complainant and is therefore considered a violation of § 13 para. 15 UWG due to the pursuit of non-relevant objectives, particularly as the dominant motive for initiating the procedure, especially for the purpose of generating costs as the main reason. Furthermore, it constitutes a violation of the applicable duty to mitigate damages.
§ 21 Legal Notices Regarding the Website
All texts, images, and other information published on this website are subject to the copyright of the provider unless third-party copyrights exist. Any reproduction, distribution, or public communication is permitted only with the revocable and non-transferable consent of the provider.
The provider assumes no responsibility for the content of external web pages linked to this site, as these are not the provider's own content. The linked pages were checked for illegal content at the time of linking, and no illegal content was apparent at that time. The content of the linked pages is the responsibility of their respective operators. The provider has no general monitoring or review obligation for these linked pages. Upon becoming aware of any legal violations, the relevant links will be removed immediately.
§ 22 Disclaimer / Content of the Web Offering
Icebein GmbH (limited liability) strives to ensure that its web offering is always up-to-date, accurate, and complete. Nevertheless, the occurrence of errors cannot be completely ruled out.
Icebein GmbH (limited liability) assumes no liability for the timeliness, accuracy, or completeness of the information provided on its website, unless the errors were caused intentionally or through gross negligence. This applies to any material or immaterial damages caused to third parties by the use of this web offering.
§ 23 Copyright
The layout of the homepage, the graphics and images used, the collection, as well as individual contributions, are protected by copyright.
All rights, including the rights of photomechanical reproduction, duplication, and distribution by special processes (e.g., data processing, data carriers, and data networks), even in part, are reserved by Icebein GmbH (limited liability).
§ 24 Terms and Conditions for the Icebein Recovery System 14-Day Money-Back Guarantee*
-
Eligibility:
Only private end customers residing within the EU, with a delivery address within the EU, who have purchased the device via our online shop at icebein.com are eligible.
-
Eligible Product:
The eligible product is exclusively the icebein recovery system, consisting of the icebein chiller I, the icebein softshell pants, and the icebein cooling pad.
Tested a system and want to return it? No problem!
If you are not satisfied with your icebein recovery system, you can return it within 14 days from the date of purchase.**
This is conditional upon the exclusions outlined in §15 (6) not applying.
What needs to be done?
-
Original Packaging:
It is important that the product is returned in its original packaging. This ensures that the product is delivered back to us in its original condition and without damage.
-
Packaging as Received:
In addition to the original packaging, the product must be packed in an outer box as it was delivered to you. This provides additional protection during transport and minimizes the risk of damage.
-
Return Shipping Costs:
Please note that return shipping costs are borne by the customer. This means you are responsible for the return shipping costs regardless of the reason for the return.
-
Return Address:
Icebein GmbH
Industriestraße 10
D-67269 Grünstadt
Germany
Email: retoure@icebein.com
Phone: +49 (0) 6359 9179217
NOTE:
Icebein accepts only complete returns in their original packaging accompanied by the purchase receipt, as well as the customer's name, address, and bank details.
- Once the return has arrived, it will be checked for completeness and any possible defects.
Refund Conditions:
We do not issue refunds for returned icebein recovery systems if:
-
The product was not purchased through our online shop at icebein.com.
-
The product exhibits defects or damages caused by:
- Failure to follow the operating manual provided with every delivery (also available on our website at www.icebein.com).
- Misuse or negligence (e.g., exposure to chemicals, corrosive substances, open flames, extreme heat, sharp objects, etc.).
- Improper use or activities that do not correspond to the intended purpose (e.g., wearing the pants and inlay for running).
-
If the product is deemed complete and free of defects, the purchase price will be refunded minus a service fee of €149 (including VAT) within 10 business days from the receipt of the return.
Important Notes:
- Shipping costs for the original order will not be refunded.
- The 14-day trial offer is limited to one usage per household and/or sports club per calendar year.
- Any additionally purchased accessories (e.g., icebein disinfectant, additional cooling pads/inlays) are excluded from the trial offer.
Icebein reserves the right to return products that do not meet the above requirements to the sender at their expense.
Additional Notes:
- If payment was made via prepayment, the refund will be transferred to the account used for the purchase.
- If payment was made via PayPal or credit card, the refund will be processed to the associated PayPal or credit card account.
* These terms and conditions are part of our General Terms and Conditions. The statutory right of withdrawal under § 15 of our GTCs remains unaffected.
**To meet the return deadline, the postmark is sufficient.
§ 25 Final Provisions
The contract remains binding even if individual provisions are legally invalid. Instead of the invalid provisions, the relevant statutory regulations shall apply, where available.
The contract language is German.
