Terms of service
Contractual conditions within the framework of sales contracts via the platform https://www.icedate.de
iceDate - The vegan organic ice cream manufacturer
Owner: Gunther Nann
Phone: 089-41 220 555
Fax: 089-41 220 557
Tax ID: DE188803091
Account holder: "iceDate, owner: Gunther Nann"
Please refer to the invoice number for transfers.
Organic inspection body number: DE-ÖKO-001 (for the current certificate click here)
- hereinafter "Provider" -
the users of this platform referred to in § 2 of these terms and conditions - hereinafter referred to as "customer / customer" - are closed.
§ 1 scope
For the business relationship between the provider and the customer, the following general terms and conditions apply exclusively in the version valid at the time of the order. Deviating conditions of the customer are not recognized unless the provider expressly agrees to their validity in writing.
§ 2 conclusion of contract
(1) The customer can select products from the provider's range and collect them in a so-called shopping cart using the "Add to cart" button. With the button "Buy now" he submits a binding application to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time.
(2) The provider then sends the customer an automatic confirmation of receipt with the subject "Your order from IceDate" by email, in which the customer's order is listed again and which the customer can print out using the "Print" function. The automatic confirmation of receipt only documents that the customer's order has been received by the provider and does not constitute acceptance of the application. The contract is only concluded when the provider submits a declaration of acceptance, which is sent in a separate e-mail (order confirmation) with the subject "Confirmation of your order with IceDate" is sent. In this e-mail or in a separate e-mail, but no later than upon delivery of the goods, we will send the contract text (consisting of the order, terms and conditions and order confirmation) to the customer on a permanent data carrier (e-mail or paper printout). The text of the contract is saved in compliance with data protection.
(3) The contract is concluded in the languages: German.
§ 3 delivery, availability of goods, payment modalities
(1) Delivery times specified by us are calculated from the time of our order confirmation (§ 2 (2) of these GTC), provided that the purchase price has been paid in advance.
(2) If the product specified by the customer in the order is only temporarily unavailable, the provider will also notify the customer of this immediately. In the event of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. In addition, in this case, the provider is also entitled to withdraw from the contract. In doing so, he will immediately reimburse any payments already made by the customer.
(3) The following delivery restrictions apply: The provider only delivers to customers who have their habitual residence (billing address) in one of the following countries and who can provide a delivery address in the same country: Belgium, Germany, Denmark, France, Liechtenstein, Luxembourg, Netherlands, Slovenia, Czech Republic, United Kingdom, Austria.
(4) The customer can pay by bank transfer, PayPal.
(5) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of the payment is determined according to the calendar, the customer is already in default by missing the date.
§ 4 retention of title
The delivered goods remain the property of the provider until the purchase price has been paid in full.
§ 5 prices and shipping costs
(1) All prices stated on the provider's website include the applicable statutory sales tax.
(2) The corresponding shipping costs are specified to the customer in the order form and are to be borne by the customer, unless the customer makes use of any right of withdrawal.
§ 6 Warranty for material defects
(1) The provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. For entrepreneurs, the warranty period for items delivered by the provider is 12 months.
§ 7 liability
(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents . Essential contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract.
(2) In the event of a breach of essential contractual obligations, the provider is only liable for typical, foreseeable damage if this was caused simply by negligence, unless the customer is entitled to compensation for damage to life, body or health.
(3) The restrictions of paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.
(4) The provisions of the Product Liability Act remain unaffected.
§ 8 Notes on data processing
(1) The provider collects customer data as part of the processing of contracts. He particularly observes the provisions of the Federal Data Protection Act and the Telemedia Act. Without the customer's consent, the provider will only collect, process or use the customer's inventory and usage data insofar as this is necessary for the processing of the contractual relationship and for the use and billing of telemedia.
(2) Without the customer's consent, the provider will not use the customer's data for purposes of advertising, market research or opinion polls.
§ 9 final provisions
(1) The law of the Federal Republic of Germany applies to contracts between the provider and the customer, excluding the UN sales law and international private law.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.
(3) The contract remains binding in its remaining parts even if individual points are legally ineffective. In place of the ineffective points, the statutory provisions apply, if they exist. If this would represent an unreasonable hardship for one of the contracting parties, however, the contract as a whole becomes ineffective.
Alternative dispute resolution in accordance with Art. 14 Para. 1 ODR-VO and § 36 VSBG:
The European Commission provides a platform for online dispute resolution, which you can find under https://ec.europa.eu/consumers/odr find. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.