Conditions of Use

Customer information & Terms and conditions
valid since 26.10.2018

These information and terms and conditions has been translated from German by machine and may be incorrect. In case of dispute, only the German-language original version applies.

Seller

The contract is closed with
Freunde der Erfrischung GmbH
Managing Directors Andreas Sahlke, Karsten Demske
Haferwende 29b3
28357 Bremen, Germany

Fon +49 (0) 421 / 1651-2700
Fax +49 (0) 421 / 1651-2709
info@unverfroren.de

VAT Number: DE814912497
District Court Bremen HRB 24527 HB

Contract conclusion and order process

Conclusion

1. The presentation of the goods, especially on the internet, does not constitute a binding offer by the seller.

2. By clicking on the button "order now" in the list view or "in the shopping cart" in the product view, the selected items are added to the shopping cart. In the final step "go to checkout" begins the ordering process, in which all required data for order processing are recorded.
At the end of the ordering process a summary of the order and contract data will be displayed. Only after confirmation of these order and contract data by clicking on the button "buy now" you make a binding offer for the purchase of goods contained in the shopping cart.

3. A contract is only concluded with a written order confirmation by the seller.

Technical correction options
All entries made are displayed in a confirmation window before the order button is clicked on and can be corrected there by the customer before concluding the contract by pressing the appropriate buttons, such as changing the quantity or the address.

contract language
The contract language is German.

Storage of the contract text
The contract text of the contract between the seller and the customer is stored on the internal systems by the seller. The order data, the cancellation policy and the terms and conditions are sent to the customer by email. After completing the order, the contract text is accessible to the customer via the customer login.

Withdrawal
The right of withdrawal applies exclusively to consumers. Consumers have a fourteen-day withdrawal. The cancellation policy can be found under revocation instruction and model revocation form.
The buyer bears the immediate costs of returning the goods.

Warranty law
The buyer is entitled to a statutory warranty. Deviating regulations can be found in our terms and conditions.

payment
Information about the offered payment options and any associated costs can be found under Payment Methods.

Shipping
All shipping costs, in particular packaging, transport costs, and deliveries are made, unless otherwise agreed, at the expense of the customer. An overview of the shipping costs can be found under delivery times and costs.

delivery
The supplied countries and delivery times can be found here

complaint management
For questions regarding the delivery of the goods (such as time, availability, receipt of payment, etc.), it is possible to contact the seller:

Freunde der Erfrischung GmbH
Managing Directors Andreas Sahlke, Karsten Demske
Haferwende 29b3
28357 Bremen, Germany
E-Mail: info@unverfroren.de

General Terms and conditions

1. Contractual basis
1.1. All contracts concluded by the customer (consumer or entrepreneur) with the seller are based exclusively on these GTC. The customer explicitly acknowledges this with his order.
1.2. A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity.
1.3 Entrepreneur is a natural or legal person or a legal partnership that, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity.

 

2. Terms of delivery
2.1 The delivery takes place unless otherwise agreed in writing from stock.
2.2 If the seller incurs additional shipping costs due to the specification of a wrong delivery address or a wrong addressee, these costs shall be reimbursed by the customer unless he is not responsible for the misstatement.

3. Terms of payment
3.1 The purchase price is due immediately upon conclusion of the contract.
3.2 Net prices are only valid for entrepreneurs. With regard to consumers, the prices stated in the private customer shop include the statutory sales tax.
3.3 In the event of default in payment, the customer is obliged to pay default interest of 5 percentage points above the base interest rate to the seller if he is a consumer (§ 13 BGB). If the customer is an entrepreneur (§ 14 BGB), the default interest rate is 9 percentage points above the base rate.
3.4 Independent of 3.3. the seller is at liberty to prove a higher damage caused by delay as well as other damage.

4. Retention of title
The goods remain the property of the seller until full payment.

5. Warranty
5.1 With regard to the warranty, the statutory provisions shall apply unless otherwise agreed in 5.2 - 5.4.
5.2 The period of limitation for claims arising from the warranty for defects is 24 months and begins with the handover of the purchased item to the customer. If the customer is an entrepreneur (§ 14 BGB), then the limitation period is 12 months from the delivery of the thing.
5.3 In the case of used items, the warranty period deviates from the statutory provisions for one year from the delivery of the goods. The shortened one-year warranty period does not apply to the provider attributable culpably caused damage from injury to life, limb or health and grossly negligent or intentionally caused damage or malice of the provider and claims under §§ 478, 479 BGB.
5.4 For merchants the legal provisions, examination and complaint obligations according to the HGB apply.

6. Limitation of Liability
6.1 The seller is liable except for the injury of life, body and health and the breach of essential contractual obligations (cardinal obligations) only for damages that are due to intentional or grossly negligent behavior.
This also applies to indirect consequential damages such as escaped profit in particular.
An essential contractual obligation is one whose fulfillment enables the proper execution of the contract in the first place and on the compliance of which the contractual partner regularly trusts and may trust.
6.2 Apart from intentional or grossly negligent conduct or damage resulting from injury to life, limb and health and the breach of essential contractual obligations (cardinal obligations), liability shall be limited to the damage foreseeable at the time of conclusion of the contract and otherwise the amount of the average damages typical for the contract , This also applies to indirect consequential damages such as escaped profit in particular.
6.3 The limitation of liability of paragraphs 1 and 2 applies mutatis mutandis in favor of the employees and vicarious agents of the seller.
6.4 Claims for liability under the Product Liability Act remain unaffected.

7. Final provisions
7.1 The law of the Federal Republic of Germany applies excluding the UN sales law. Compulsory provisions of the state in which the customer has his habitual residence remain unaffected.
7.2 Place of performance is the registered office of the seller, provided that the customer is a merchant.
7.3 If the customer is a merchant, a legal entity under public law or special fund under public law, or has no general jurisdiction in Germany or resides abroad after conclusion of the contract or his domicile is not known at the time of action, the jurisdiction is the seat of Saleswoman.
7.4 Should individual provisions of this contract be ineffective or contradict the statutory provisions, this shall not affect the remainder of the contract.

Note on online dispute resolution:

The EU Commission has launched an online platform for out-of-court online dispute resolution ("OS platform") on online contracts. The OS platform can be reached at the following link: https://ec.europa.eu/consumers/odr

Note according to § 36 Abs. 1 Nr. 2 VSBG

We are ready to volunteer to participate in the dispute settlement procedure before the following consumer dispute resolution bodies:

General Consumer Arbitration Center of the Center for Mediation e.V.
Strassburger Str. 8, 77694 Kehl
Telephone: +49 7851 79579 40
Fax: +49 7851 79579 41
Internet: www.verbraucher-schlichter.de
E-Mail: mail@verbraucher-schlichter.de

Our e-mail address is: info@unverfroren.de

- End of the Terms and Conditions -

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