General Terms and Conditions
§ 1 Scope and general
(1) The following general terms and conditions (hereinafter: "GTC") apply to the purchase of goods via the website www.icebein.com. The terms and conditions therefore apply to contracts that you conclude with icebein GmbH as a provider via their online shop on the website https://icebein.com/shop.
All offers, services and deliveries of icebein GmbH are made exclusively on the basis of these terms and conditions in the version valid at the time of purchase. Unless otherwise agreed, the inclusion of any conditions you may have used is contradicted.
(2) A consumer in the sense of the following regulations is any natural person who concludes a legal transaction for purposes that can largely not be attributed to their commercial or independent professional activity. Entrepreneur is any natural or legal person or a legal partnership that acts in the course of a legal transaction in the exercise of their independent professional or commercial activity.
The following general terms and conditions (“GTCs”) in the version valid at the time of the order apply exclusively to the business relationships between icebein GmbH and a consumer when ordering via the icebein online shop (https://icebein.com/shop.) and can be saved or printed out by the consumer at any time.
(3) The activity through the icebein onlineshop is aimed at deliveries to countries within the European Union (EU). An order via the online shop is only possible if a delivery address is specified within the European (EU). Inquiries about orders or deliveries to countries outside the European Union should be sent to info@icebein.com. After receiving such a request, icebein GmbH will send you an offer in writing by email to the email address you have provided.
(4) Conditions deviating from these General Terms and Conditions are not recognized by icebein GmbH and these do not become part of the contract unless icebein GmbH has expressly agreed to the deviating conditions in writing. In the case of repeated orders, the following terms and conditions also apply to all future orders and the customer accepts them with every order by actively confirming the checkbox ("agree to the terms and conditions") before placing an order in the online shop.
§ 2 contractual partner
The customer's contractual partner is icebein GmbH with its registered office in:
Industriestrasse 10
67269 Grünstadt
Deutschland
VAT: DE324600564
Tel.: +49 (0) 6359 9170217
E-Mail: info@icebein.com
www.icebein.com
§ 3 Creation of a user account
(1) The customer can create their own account (a personal user account) in the icebein online shop, via which they can place their orders in the icebein online shop (https://icebein.com/shop.) and previous ones Can view orders. Creating your own account is not a must for online orders. It is also possible to place orders as a guest without creating an account.
If an account is successfully created, the customer will receive a confirmation by email, after which he can log in using his email address and password.
The customer can use his user account to call up the orders placed and his account settings in his user account. The customer must ensure that the data and information from the user account, which he must keep for legal or other reasons, is archived accordingly in his own systems. Icebein GmbH reserves the right to delete the data from a user account one year after the last action was taken in relation to this user account.
(2) The customer acknowledges that icebein GmbH provides the web shop as a service without obligation and revocable at any time. The customer is therefore not entitled to use and function of the user account in general or according to a certain state of the art. In particular, icebein GmbH assumes no responsibility for the uninterrupted availability of the user accounts and the data managed therein. Due to the nature of the Internet, transmission times and transmission quality of data depend on the load on the Internet. In addition, according to the current state of the art, it is not possible to develop and operate software completely error-free and to rule out all uncertainties in connection with the Internet. In addition, there may be disruptions in data transmission as a result of possible network, software and change, maintenance and servicing work on technical systems of icebein GmbH. Disruptions in the communication network, server failures, power failures and other electronic or mechanical errors cannot be excluded.
§ 4 Formation of the contract and possibilities for correction
(1) The object of the contract is the purchase of goods.
(2) By placing the respective product on our website, we will make you a non-binding offer to conclude a contract.
(3) The contract is concluded via the online shopping cart system as follows: The goods intended for purchase are stored in the "shopping cart". You can call up the "shopping cart" using the corresponding button in the navigation bar and make changes there at any time. After entering the personal data and calling up the "Checkout" page as well as the payment and shipping conditions, all order data will be displayed again on the order overview page. If you use an instant payment system (e.g. PayPal / PayPal Express, Sofort) as a payment method, you will either be directed to the order overview page in our online shop or you will first be redirected to the website of the provider of the instant payment system.
If you are forwarded to the respective instant payment system, make the appropriate selection or entry of your data there. Finally, you will be directed back to our online shop on the order overview page. Before sending the order, you have the option to check all the information here again, to change it (also using the "back" function of the Internet browser) or to cancel the purchase.
By submitting the order using the "Buy" button and clicking the checkbox "Agree to the terms and conditions" you declare the acceptance of the offer in a legally binding manner, whereby the contract is concluded.
(4) Your inquiries by email to info@icebein.com to create an offer are non-binding for you. We will make you a binding offer in text form (e.g. by email), which you can accept within 5 days.
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partially automated via email. You must therefore ensure that the e-mail address you have stored with us is correct, the receipt of the e-mails is technically ensured and, in particular, is not prevented by SPAM filters.
(6) The price at the time of online purchase applies.
§ 5 Special agreements on offered payment methods
(1) Credit check
If we make advance payments, e.g. If payment is made on account or by direct debit, your data will be passed on to Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, for the purpose of creditworthiness testing based on mathematical-statistical procedures to safeguard our legitimate interests. We reserve the right to refuse you the payment method on account or direct debit as a result of the credit check.
(2) payment
-Paypal
§ 6 right of retention, retention of title, reservation of self-supply
(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The delivered goods remain the property of icebein GmbH until full payment has been made.
(3) If you are an entrepreneur, the following also applies:
a) We reserve ownership of the goods until all claims from the current business relationship have been fully settled. Pledging or transfer by way of security is not permitted before the transfer of ownership of the reserved goods.
b) You can resell the goods in the ordinary course of business. In this case, you are now assigning all claims in the amount of the invoice amount that arise from the resale to icebein GmbH, we accept the assignment. You are further authorized to collect the claim. If you do not meet your payment obligations properly, we reserve the right to collect the claim yourself.
c) When the reserved goods are combined and mixed, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed objects at the time of processing.
d) We undertake to release the securities to which we are entitled at your request insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. It is our responsibility to select the collateral to be released.
(4) If icebein GmbH is not supplied by the supplier despite a delivery contract with the supplier and is not responsible for this non-delivery, icebein GmbH is entitled to withdraw from the purchase contract for this goods with you. In this case, icebein GmbH will inform you immediately about the failure to deliver and withdraw from the contract and, if applicable, refund any payments already made.
§ 7 warranty
(1) The statutory rights for defects exist. We particularly emphasize that the legal right of withdrawal lapses upon commissioning the icebein Recovery System by filling it with water. Returns after commissioning can only be processed on a discretionary basis. Attention is also drawn to the deduction of the usage fee of €149 (including VAT) after commissioning.
(2) As a consumer, you are requested to promptly check the item for completeness, obvious defects, and transportation damages upon delivery, and to inform us and the carrier of any complaints as soon as possible. Failure to do so does not affect your statutory warranty claims (cf. §24).
(3) If you are a business owner, the following warranty provisions deviate from the above:
a) The product description provided by the manufacturer is deemed to be the quality of the item.
b) In case of defects, we provide warranty at our discretion through rectification or replacement. If rectification fails, you may choose to demand a reduction in price or withdraw from the contract. Rectification is considered unsuccessful after the second attempt, unless the nature of the item or defect, or other circumstances indicate otherwise. In the case of rectification, we are not obligated to bear the increased costs resulting from the transportation of the goods to a location other than the place of fulfillment, unless such transportation does not correspond to the intended use of the goods.
c) The warranty period is one year from the delivery of the goods. The shortening of the period does not apply:
to damages attributable to us due to willful violation of life, body, or health, and in the case of other damages caused intentionally or through gross negligence;
if we have fraudulently concealed the defect or provided a guarantee for the quality of the item;
to statutory recourse claims that you have against us in connection with defect rights.
§ 8 choice of law, place of performance, place of jurisdiction
(1) German law applies, excluding conflict of laws. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state of the habitual residence of the consumer is not withdrawn (principle of favorability).
(2) The place of performance for all services from the existing business relationships with icebein GmbH and the place of jurisdiction is the registered office of icebein GmbH, provided that you are not a consumer, but a merchant, a legal person under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual residence is not known at the time the lawsuit is filed. The authority to also call the court at another legal place of jurisdiction remains unaffected.
(3) The provisions of the United Nations Convention on Contracts for the International Sale of Goods explicitly do not apply.
§ 9 Contract language, contract text storage
(1) The contract language is German.
(2) We do not save the complete contract text. Before the order is sent via the online shopping cart system, contract data can be printed out or electronically saved using the print function of the browser. After we have received the order, the order data, the information required by law for distance contracts and the general terms and conditions will be sent to you again by email.
(3) If you have a request for a quote outside of the online shopping cart system, you will receive all contract data in text form as part of a binding offer, e.g. by email, which you can print out or save electronically.
§ 10 formal requirement / severability clause
If individual provisions of these terms and conditions become invalid, this does not result in the ineffectiveness of the other regulations. The ineffective regulation will be replaced by the relevant legal regulation or it will depend on the mutual will 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 in euros including the legally applicable VAT, excluding shipping.
(2) The shipping costs incurred are not included in the purchase price. They can be called up via a correspondingly labeled button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you, unless the delivery free of charge has been promised in writing by icebein GmbH.
(3) If the delivery is made to countries outside the European Union, we may incur additional costs for which we are not responsible, e.g. Customs duties, taxes, or money transfer fees (bank transfer or exchange rate fees) to be borne by you.
(4) Any costs incurred for the transfer of money (bank transfer or exchange rate fees) are to be borne by you in cases in which the delivery is made to an EU member state but the payment was initiated outside the European Union.
(5) The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer.
(6) Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately. A delivery will only take place after payment has been made and received in the icebein GmbH account.
§ 13 delivery conditions
(1) The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
(2) As far as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item only passes to you when the goods are handed over, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or someone else to carry out the shipment.
If you are an entrepreneur, delivery and dispatch are at your own risk.
§ 14 Statutory liability for defects
Liability for defects is based on the "Warranty" regulation in our general terms and conditions (see § 7).
§ 15 right of withdrawal and return provisions upon withdrawal
(1) Cancellation policy
In the case of distance contracts (Sections 1 et seq. Distance and Foreign Trade Act - FAGG), the consumer can withdraw from the contract within 14 days of receiving the goods within the meaning of the KschG. It is expressly stated at this point that this cancellation policy only applies to consumers and not to entrepreneurs (for the definition of consumers, entrepreneurs, see §1 (2)).
As a consumer, you generally have a statutory right of withdrawal when purchasing goods online on the website www.icebein.com, about which icebein GmbH will subsequently inform you in accordance with the legal model. Under point (4) you will find a model withdrawal form. Exceptions to the right of withdrawal are listed under point (5).
(2) Right of withdrawal, withdrawal period
As a consumer, you have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the last goods.
Saturdays, Sundays and public holidays are included in the calculation of the deadline. To meet the cancellation deadline, it is sufficient for you to send your communication regarding your exercise of the right of cancellation before the cancellation period expires.
To exercise your right of withdrawal, you must contact us
Industriestrasse 10
67269 Grünstadt
Deutschland
VAT: DE324600564
Tel.: +49 (0) 6359 9170217
E-Mail: info@icebein.com
www.icebein.com
inform you of your decision to cancel this contract by means of a clear statement (e.g. a letter sent by post or in writing by email). You can use the model withdrawal form, but this is not mandatory.
(4) Consequences of cancellation
If you cancel this contract, we have to repay all payments we have received from you, including delivery costs, immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used for the original transaction, unless expressly agreed otherwise in writing; Payment in cash or in the form of a voucher is excluded. Under no circumstances will you be charged any fees for this repayment.
We can refuse the repayment until we have received the goods back.
You are to return or hand over the goods to us immediately and, in any case, no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you dispatch the goods before the fourteen-day period expires. A prerequisite for a cancellation is unused cooling units, cooling pads, and pants. The filling of water into any of the products results in the exclusion from the right of withdrawal.
You are responsible for the costs of returning the goods.
We particularly emphasize that the statutory right of withdrawal expires upon commissioning the icebein Recovery System by filling it with water. Returns after commissioning can only be processed on a discretionary basis. Attention is also drawn to the deduction of the usage fee of €149 (including VAT) from the purchase price.
(5) Model withdrawal form
According to the legal regulation, icebein GmbH provides information on the model withdrawal form as follows:
Model withdrawal form
(If you want to cancel the contract, please fill out this form and send it back.)
Industriestrasse 10
67269 Grünstadt
Deutschland
Tel.: +49 (0) 6359 9170217
E-Mail: info@icebein.com
www.icebein.com
I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*)
Ordered on (*) / received on (*) name of the consumer (s)
Address of the consumer (s)
Signature of the consumer (s) (only for notification on paper)
date
(*) Delete where inapplicable
(6) The right of withdrawal does not exist in the following cases:
-Contracts for the delivery of goods that can spoil quickly or whose expiration date would quickly be exceeded,
- Contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal was removed after delivery,
- Contracts for the delivery of goods if, due to their nature, they have been inseparably mixed with other goods after delivery.
- Filling the cooling units, cooling pads, or pants results in the loss of the right of withdrawal.
(7) Impairment or loss of value
The goods must be returned to us in the original packaging with all the accessories. The customer has the right to inspect the goods as it would have been possible in a retail store. For usage beyond this and for the reduction in value of the goods (damage to the packaging, missing accessories), we will offset the damage actually incurred. Ie. the customer must pay for any loss of value or a possible decrease in value of the goods if this is due to handling by the customer that is not necessary for checking the nature, properties and functionality of the goods.
§ 16 delivery
(1) Delivery of freight forwarding goods can only take place if a delivery date has been agreed within the provision period communicated in the order confirmation (Section 2.3). The purchase contract for freight forwarding goods between you and icebein GmbH is therefore subject to the condition that you within the delivery period in accordance with para. 3 of these terms and conditions agree a delivery date with the supplier. This resolving condition only applies if the supplier has repeatedly (at least twice) tried to No. 3 of these terms and conditions. If this agreement is not made within the availability period, you can request icebein GmbH to repay the purchase price. Processing is carried out by the supplier, who can be reached on the telephone number that you will receive in the order confirmation (if you no longer have this telephone number at hand, please contact us at info@icebein.com)
(2) The delivery of freight forwarding goods takes place on the delivery date agreed by you directly when buying online or with the supplier "free curb" by the supplier. If a delivery “free place of use” has been agreed, you are responsible for ensuring that the supplier can reach this place of use through sufficiently wide access, stairwells and doors (the carrying path must in particular be free of furniture and there is no delivery through windows and the like). You are obliged to confirm receipt of the goods to the supplier.
(3) You can find the delivery date for parcel goods on a shipment tracking link that can be sent to you by email. The parcel goods will be sent to you “free first lockable front door”. You are obliged to confirm receipt of the goods to the supplier.
(4) Delivery of freight forwarding or parcel goods to neighbors is excluded. If delivery of freight or parcel goods is not possible due to your fault on the agreed delivery date, icebein GmbH or the supplier can invoice you for the costs of another delivery date.
(5) Delivery is only possible within the sales area of icebein GmbH (you can find out whether an address is in the sales area of icebein GmbH when you first insert the goods into the shopping cart and when you select a delivery address). Parcel goods can only be delivered to existing personal addresses and, if possible in view of the parcel size, parcel content and logistics service provider, to packing stations and parcel shops. Delivery goods can only be delivered to existing personal addresses, not to packing stations and parcel shops.
§17 old devices
(1) You must not dispose of electrical and electronic equipment marked with the following symbol (crossed-out wheeled bin on wheels) and / or this symbol in the operating instructions. Therefore, the "icebein chiller I" as an electronic device must not be disposed of with household waste.
You are obliged to dispose of old electrical and electronic equipment such as Collect the "icebein chiller I" separately and hand it in at an approved take-back point (e.g. local recycling or recycling center). The electrical and electronic equipment is professionally recycled or disposed of through these collection points.
§ 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 find at the external link: https://ec.europa.eu/odr.
Icebein GmbH has decided not to participate in dispute settlement procedures at a consumer arbitration board. This information is in accordance with Section 36 VSBG.
§ 19 Notice according to the VSBG
In fulfilling our obligations under Section 36 VSBG, we inform you that we are not willing and not obliged to participate in dispute settlement procedures at a consumer arbitration board in accordance with the Consumer Dispute Settlement Act (VSGB) and therefore cannot offer you participation.
§ 20 Legal information:
NO WARNING without prior written contact. Should any content or information on this website or on parts of this website violate the rights of third parties or cause competition law problems in any other way, we would like to request a quick, appropriate message free of charge, based on Section 8 (4) UWG. The objectionable information or content will then be removed within a reasonable period of time or modified in accordance with the legal requirements without the need to involve legal counsel. The involvement of a legal advisor to pay the service provider for a fee does not correspond to the real or presumed will of the warning person and is therefore a violation of §13 Paragraph 15 UWG due to the pursuit of unrelated goals as a dominant motive for initiating the procedure, especially a cost achievement as the actual reason. It also corresponds to a violation of the applicable damage reduction obligation.
§ 21 Legal information about the website
All texts, images and other information published here are subject to the copyright of the provider, unless there are copyrights of third parties. In any case, reproduction, distribution or public reproduction is only permitted in the event of revocable and non-transferable consent from the provider.
The provider assumes no responsibility for all web content connected via a cross-reference (link), since this is not their own content. The linked pages were checked for illegal content; at the time of linking, no such content was recognizable. The operator of the linked pages is responsible for their content. The provider has no general monitoring and inspection obligation. If a violation of the law becomes known, the corresponding link will be removed immediately.
§ 22 Disclaimer / content of the website
Icebein GmbH (limited liability) endeavors to keep its website up to date, correct and complete. However, the occurrence of errors cannot be completely ruled out.
Icebein GmbH (limited liability) assumes no liability for the topicality, correctness of content or completeness of the information provided in its website, unless the errors were intentionally or through gross negligence. This refers to possible material or immaterial damage to third parties caused by the use of this website.
§ 23 Copyright
The layout of the homepage, the graphics and images used, the collection and individual contributions are protected by copyright.
Icebein GmbH (limited liability) reserves all rights, including those of photomechanical reproduction, duplication and distribution using special processes (e.g. data processing, data carriers and data networks).
§ 24 CONDITIONS OF PARTICIPATION:
icebein recovery system 30 days testing money-back guarantee*
Eligible to participate:
are exclusively end customers with residence and delivery address within the EU, who have purchased the device via our online shop www.icebein.com
Included products:
is exclusively the icebein recovery system consisting of the icebein chiller I and the icebein softshell pants including icebein cooling pad
You have tested a system and want to return it? No problem!
If you are not convinced of your icebein recovery system, you can return it to us within 14 days from the date of purchase.**
A requirement for this is that the points from §15 (6) do not apply.
How?
1. Original packaging: It is important that the goods are returned in their original packaging. This ensures that the product is returned to us in its original condition and without damage.
2. Packaging as upon arrival: In addition to the original packaging, the goods should be packed using an outer box exactly as they arrived to you. This provides additional protection during transportation and minimizes the risk of damage.
3. Return shipping costs: Please note that the costs of return shipping are the responsibility of the customer. This means that you are responsible for the return shipping costs, regardless of the reason for the return.
Each shipment includes a RETURNSLIP in the package, which you can use for
the return of your goods.
Industriestrasse 10
67269 Grünstadt
Deutschland
VAT: DE324600564
Tel.: +49 (0) 6359 9170217
E-Mail: info@icebein.com
www.icebein.com
NOTICE:
icebein only accepts complete returns in the original packaging and with the corresponding proof of purchase, along with providing the name, address, and bank details.
After the return has reached us, it will be checked for completeness and any defects.
We explicitly do not provide refunds for returned icebein recovery systems:
- that were not purchased through our online shop icebein.com
- that have defects or damages resulting from:
- failure to follow the user manual, which is included with each shipment and is also available on our website www.icebein.com
- abusive or negligent use (e.g., exposure to chemicals, corrosive substances, open flames, high heat, sharp objects, etc.)
- abusive use or activities that do not correspond to the intended purpose, resulting in damage (e.g., wearing the pants and inlay for running, etc.)
You will be refunded the purchase price minus a service fee of EURO 149 within 10 working days of the return being deemed complete and free of defects by us.
Please note that the shipping costs of the order cannot be refunded, and the use of the 14-day trial offer is limited to once per household and/or sports clubs per calendar year. Additionally purchased accessories (e.g., icebein disinfectant, additional cooling pads/inlays, etc.) 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 own expense.
Addition: If you paid in advance, the refund amount will be transferred to the account used for the purchase. If you paid with PayPal or credit card, the refund will be credited to the associated PayPal or credit card account.
* These terms and conditions are part of our terms and conditions (AGB's). The statutory right of withdrawal according to § 15 of our terms and conditions remains unaffected by these terms and conditions.
** For the observance of deadlines in returns, the postmark is sufficient.
§ 25 final provisions
The contract remains binding in its remaining parts even if individual points are legally invalid. If applicable, the statutory provisions replace the ineffective points.
The contract language is German.
Last update: May 2021