General Terms and Conditions
– for private customers –
(Consumer)
Elektrowärme Belzig GmbH (hereinafter “Seller“) offers, among other things, letterbox systems and special systems for ordering via the website www.Iceberg-box.com. The following General Terms and Conditions (“GTC”) shall apply to the contracts concluded via the aforementioned website.
§ 1 Scope of application, basis of contract
These General Terms and Conditions of Business (AGB) apply to all business relationships between us, the
Elektrowärme Belzig GmbH
Business Park Seedoche 7
14806 Bad Belzig
Registered in the Commercial Register B of the Potsdam Local Court under HRB 465 P
USt identification no.: DE 138 454 344
Tel.: +49 33841 97-229
+49 33841 97-205
+49 33841 97-224
+49 33841 97-226
Fax: +49 33841 97-300
Email: info@ewb-online.de
represented by Managing Directors Stéphane Decayeux and Antoine Decayeux
and consumers (“buyer“). These GTC therefore only apply if the Buyer is a consumer (§ 13 BGB). The Buyer is a consumer (§ 13 BGB) if he/she is any natural person who orders the goods for a purpose that is predominantly not related to his/her commercial or self-employed professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or independent professional activity.
The GTC apply – in their respective version – in particular to contracts for the sale and/or delivery of movable goods (“goods“), irrespective of whether we manufacture the goods ourselves or purchase them from suppliers (§§ 433, 650 BGB).
Orders for individual and custom-made products cannot be cancelled or returned and are excluded from exchange.
Our GTC apply exclusively. Deviating or conflicting terms and conditions of the buyer shall only apply if and to the extent that the seller has expressly agreed to their validity in writing. The unconditional acceptance of the contract offer by the seller in the knowledge of the general terms and conditions of the buyer does not constitute such consent. In this case, too, the Seller’s General Terms and Conditions shall apply exclusively.
All agreements made between the Buyer and the Seller in connection with the purchase contract result in particular from these General Terms and Conditions and the Seller’s written order confirmation. In this respect, individual agreements with the Buyer (including supplements and amendments) shall take precedence over these General Terms and Conditions. For the proof of the content of the individual agreements, a contract or a confirmation of the Seller in writing is a prerequisite in each case.
The illustrations, drawings and product descriptions contained in brochures, catalogues, advertisements, internet homepages and other offer documents of the seller are only to be understood as non-binding information and do not form part of the agreed quality, unless the information contained therein has been expressly designated as binding by the seller in an offer or order confirmation. The same applies to public statements by the manufacturer or other third parties (e.g. advertising statements) to which the buyer has not referred to us as being decisive for the purchase. Guarantees, in particular quality guarantees, shall only be binding on the Seller to the extent that they are contained in a binding offer or order confirmation from the Seller, are expressly designated as a “guarantee” or “quality guarantee” and expressly stipulate the obligations resulting therefrom for the Seller.
Unless directly amended or expressly excluded in these GTC, the statutory provisions shall apply.
§ 2 Registration, Conclusion of Contract, Prohibition of Assignment
Our offers on the website www.Iceberg-box.com are subject to change and represent a non-binding invitation to the buyer to purchase products. This also applies if we have provided the buyer with catalogues, technical documentation (e.g. drawings, plans, calculations, calculations, references to DIN standards), other product descriptions or documents – also in electronic form – to which we reserve ownership rights and copyrights.
For this purpose, the Buyer can select from the range of products offered on the Seller’s website and place the respective product in the shopping cart by making the appropriate selection. After the Buyer has placed the desired products in the shopping cart and selected them, he/she can log in with his/her user account by entering the e-mail address or customer number and his/her password in order to continue ordering the products or continue the ordering process as a “guest” without his/her own user account and complete the order.
In the event that the Buyer chooses to create a user account, the personal data, i.e. name, billing address, delivery address, etc., must be entered in full in the fields provided for this purpose when registering as a new customer and creating the corresponding user account. At the same time, the customer declares that he/she is a consumer. The invoice shall be issued accordingly, showing the respective statutory value-added tax for consumers.
Before the registration process is completed, the buyer already has the opportunity here to view the “Privacy Policy” and the “Terms and Conditions” via the respective link. By activating the corresponding checkbox, the buyer declares that he has read and accepts the data protection provisions and the GTC. The Buyer can view further information via the “Privacy Policy” link published on the homepage. The seller processes the customer data, both for registration and for ordering, exclusively for the purpose of carrying out enquiries or orders and for maintaining the ongoing business relationship in accordance with the stated Privacy Policy.
The Buyer can complete the order process either as a “guest” without a user account or as a registered customer after registering and logging in with the user account. For this purpose, he/she either already reaches the selection of his/her personal data via the button “Proceed to checkout” or, as a “guest”, has the opportunity to enter his/her personal data in the input fields and then select one of the offered payment methods (exclusively by bank transfer or by credit card). Before sending the order, the Buyer can view and change his data and his order in the order overview at any time. The Buyer can view and save these General Terms and Conditions via the “General Terms and Conditions” link provided under the order overview. By activating the corresponding checkbox, he declares that he accepts the validity of these GTC when submitting his offer and that these GTC shall become part of the contract. By clicking on the button “Order subject to payment”, the Buyer submits a binding offer to purchase the products in the shopping basket. The offer is only submitted and transmitted to the Seller if the Buyer has previously accepted these GTC by activating the corresponding checkbox and has also expressly agreed to the cancellation policy by activating the further checkbox. The cancellation policy can be viewed via the associated link.
The order of the goods by the Buyer shall be deemed a binding offer of contract. After receipt of the order by the seller, the buyer will immediately receive an automatic, printable confirmation of receipt by e-mail. The order and the General Terms and Conditions are listed again in the automatic e-mail. It is not an acceptance of the buyer’s offer. The Seller may accept the Buyer’s offer within fifteen (15) working days of receipt. Acceptance can be declared either by sending an order confirmation in text form (including fax and e-mail) or by sending the goods. In the order confirmation, the Seller reserves the right to start manufacturing the ordered goods only after receipt of payment by the Buyer.
In another separate e-mail, but no later than upon delivery of the goods, the text of the contract (consisting of the order, GTC and order confirmation) shall be sent to the Buyer by the Seller on a durable medium (e-mail or paper printout) (contract confirmation). The contract text will be stored in compliance with data protection laws.
The Buyer may only assign the claims to which it is entitled under the contract in whole or in part with the prior written consent of the Seller and only to the extent that the interests of the Seller are not unreasonably impaired by the assignment. The Seller is permitted to assign the rights and obligations incumbent upon it, in particular to affiliated companies.
§ 3 Delivery period and delay in delivery; force majeure
The stated delivery times are calculated from the time of the seller’s order confirmation as soon as payment of the purchase price has been made. If no or no deviating delivery time is specified for the respective product in our online shop, the delivery time shall be a maximum of eight (8) weeks from the conclusion of the contract. The delivery period can be agreed individually in advance for each individual order.
If the Seller is unable to meet binding delivery deadlines for reasons for which it is not responsible (non-availability of the service), the Seller shall inform the Buyer of this without delay and at the same time notify the Buyer of the expected new delivery deadline. If the service is also not available within the new delivery period, the Seller shall be entitled to withdraw from the contract in whole or in part; the Seller shall immediately refund any consideration already paid by the Buyer. A case of non-availability of the performance in this sense shall be deemed to be in particular the non-timely self-delivery by a supplier if the Seller has concluded a congruent covering transaction, neither the Seller nor its supplier is at fault (e.g. in the event of force majeure) or the Seller is not obliged to procure in the individual case.
The occurrence of a delay in delivery requires in any case a prior written reminder by the buyer. The rights of the Buyer pursuant to § 8 of these GTC and the statutory rights of the Seller, in particular in the event of an exclusion of the obligation to perform (e.g. due to impossibility or unreasonableness of performance and/or supplementary performance), shall remain unaffected.
If the Seller is prevented from fulfilling its obligations by the occurrence of unforeseeable extraordinary circumstances which it could not avert (force majeure), such as mobilisation, war, civil war, terrorism, riots, civil commotion, embargoes, natural disasters, epidemics, fire, legislative activities, judicial decisions or official measures, or other unforeseeable circumstances for which the Seller is not responsible, such as industrial disputes, strikes or lawful lockouts, operational or transport disruptions.If the Seller is prevented from delivering due to unforeseeable circumstances beyond the Seller’s control, e.g. labour disputes, strikes or lawful lockouts, operational or transport disruptions, the delivery period shall be extended to a reasonable extent. This shall also apply in the event of delayed or insufficient receipt of input material as well as in the event of delayed delivery on the part of our upstream suppliers or finishing plants. If the hindrance lasts twelve (12) weeks or longer, both parties shall be entitled to withdraw from the affected purchase contract by means of a written declaration.
§ 4 Delivery, Default of Acceptance
The seller shall ship the goods to a place determined by the buyer (sale by dispatch). The seller is entitled to determine the type of shipment (in particular transport company, shipping route, packaging). The seller bears the shipping risk if the buyer is a consumer.
We are entitled to make partial deliveries if
– a partial delivery is usable for the buyer according to the contractual intended purpose,
– the delivery of the remaining goods/products is ensured and
– the buyer does not incur any significant additional expense or costs as a result of the partial delivery.
If the Buyer defaults on acceptance, fails to cooperate or delays delivery for other reasons for which the Buyer is responsible, the Seller shall be entitled to demand compensation for the resulting damage, including additional expenses (e.g. storage costs)
§ 5 Prices and terms of payment; means of payment, default in payment; set-off, retention
Unless otherwise agreed in individual cases, our current prices stated in the online shop at the time of conclusion of the contract shall apply. These prices include value added tax. Any shipping and delivery costs are not included. The total amount (before submission of the order confirmation) will be shown to the buyer in summary form. The total amount also includes the packaging costs. In the event of an inadvertently incorrect price indication, the seller reserves the right to contest the contract.
The buyer bears the costs of shipping and delivery ex works (Bad Belzig) and the costs of any transport insurance requested by the buyer. The shipping costs are not included in the sales price, depend on the product category and are indicated on www.Iceberg-box.com. Any customs duties, fees, taxes and other public charges shall in any case be borne by the buyer. For deliveries to other EU countries, different shipping and delivery costs apply.
If the Buyer cancels his order in accordance with clause 9.1, he shall be obliged to return goods that can be sent by parcel post to us at our expense and risk (see clause 9.2).
If the ordered goods are a customised individual production, the seller is entitled to charge the buyer for changes in the cost structure (e.g. wage and material costs, energy costs, taxes/duties/fees) after prior notification. The price increase shall be limited to the additional costs actually incurred.
Unless otherwise agreed between the Seller and the Buyer, the purchase price is due and payable within fifteen (15) days from the date of the invoice or, in the case of an order, directly by credit card or bank transfer. Payment shall not be deemed to have been made until the amount has been credited to the Seller’s bank account and the Seller can dispose of the amount.
With the expiry of the aforementioned payment deadline, the Buyer shall be in default. During the period of default, interest shall be charged on the purchase price at the applicable statutory default interest rate. We reserve the right to assert further damage caused by default.
In our online shop, the following payment methods are available to the buyer: by credit card or bank transfer:
For more information, please see Stripe’s privacy policy: https://stripe.com/de/privacy.
The buyer shall only be entitled to rights of set-off, retention or reduction insofar as his counterclaims have been legally established or are undisputed or are based on the same contractual relationship. In the event of defects in the delivery, the counter rights of the buyer shall remain unaffected.
If it becomes apparent after the conclusion of the contract (e.g. due to an application for the opening of insolvency proceedings, cessation of the payment obligation) that our claim to the purchase price is jeopardised by the buyer’s lack of ability to pay, we shall be entitled to refuse performance in accordance with the statutory provisions and – if necessary after setting a deadline – to withdraw from the contract (§ 321 BGB). In the case of contracts for the manufacture of unjustifiable items (custom-made products), we may declare withdrawal immediately; the statutory provisions on the dispensability of setting a deadline remain unaffected. In addition, in this case we are entitled to make the entire remaining debt due.
§ 6 Intellectual property, retention of title
All product descriptions, texts, illustrations, photos, graphics and logos displayed on the Seller’s website are the intellectual property of the Seller or its cooperation partners or they are entitled to the corresponding rights of use. The Buyer may not use the intellectual property commercially, either in whole or in part, and in particular may not commercially reproduce, distribute, otherwise make publicly available or edit the elements referred to in p. 1.
Until full payment of all claims arising from the purchase contract and the ongoing business relationship (secured claims), the seller retains ownership of the goods sold.
The goods subject to retention of title may neither be pledged to third parties nor assigned as security before full payment of the secured claims. The buyer shall immediately notify the seller in writing if an application for the opening of insolvency proceedings has been filed or insofar as third parties (e.g. seizures) have access to the goods belonging to the seller. The buyer is also obliged to point out the seller’s ownership in the event of seizures and other impairments of the owner’s interests (e.g. impending opening of insolvency proceedings against the buyer).
In the event of a breach of contract by the Buyer, in particular in the event of non-payment of the purchase price due, the Seller shall be entitled to withdraw from the contract if the Buyer has previously been unsuccessfully set a reasonable deadline for performance or such a deadline is dispensable under the statutory provisions. The transport costs incurred for taking back the goods shall be borne by the buyer. After repossession and prior warning, the Seller shall be entitled to appropriate realisation of the reserved goods. The proceeds of the realisation shall be set off against the liabilities of the Buyer, less reasonable realisation costs.
§ 7 Claims for defects by the buyer
If no agreement has been made on the quality of the goods, the statutory provisions shall apply to assess whether a defect exists (§ 434 para. 1 p. 2 and p. 3 BGB). The Seller shall only be liable for material defects within the scope of the statutory provisions applicable to this, in particular §§ 434 et seq. BGB.
Customary or minor technical deviations in quality, shape, colour, size, weight, etc., do not entitle to complaints, as do minor changes due to model and production changes, if the deviations and changes are reasonable for the buyer in the individual case (insignificant deviations from the condition). The costs of the examination of the goods shall be borne by the buyer. Defective goods are to be made available to the Seller for inspection upon request.
If the delivered item is defective, the Buyer may initially choose whether to demand subsequent performance by remedying the defect (rectification) or by delivery of a defect-free item (replacement). For this purpose, the buyer can contact the seller’s customer service at
info@ewb-online.de or by phone at +49 33841 97-229
turn. The seller shall be granted a reasonable period of time for subsequent performance. The supplementary performance shall take place without recognition of a legal obligation. The Seller’s right to refuse subsequent performance under the statutory conditions remains unaffected.
The Seller is entitled to make the subsequent performance owed dependent on the Buyer paying the purchase price due. However, the Buyer shall be entitled to retain a reasonable part of the purchase price in relation to the defect, not exceeding ten (10) percent of the order amount.
If the subsequent performance has failed or a reasonable deadline to be set by the buyer for the subsequent performance has expired unsuccessfully or is dispensable according to the statutory provisions or if the subsequent performance can be refused according to the statutory provisions, the buyer may withdraw from the purchase contract or reduce the purchase price (§§ 439 et seq. BGB). If the seller has attempted to remedy the defect twice in vain, it shall be deemed to have failed.
If the seller delivers defect-free goods to the buyer for the purpose of subsequent performance, the buyer is obliged to return the defective goods to the seller within 30 days. The costs of the return shipment shall be borne by the seller.
Claims of the Buyer for damages or reimbursement of futile expenses shall also exist in the event of defects only in accordance with § 8 and are otherwise excluded.
The buyer shall bear the reasonable costs of an unjustified assertion of defect rights. The same applies if the seller falsely grants defect rights without being obliged to do so and the buyer has previously induced the seller to do so.
§ 8 Other liability
In the event of intent or gross negligence on the part of organs or executive employees, we shall be liable in accordance with the statutory regulations; the same shall apply in the event of culpable breach of material contractual obligations. Material contractual obligations are obligations the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the contractual partner regularly relies and may rely. Insofar as there is no intentional breach of contract, the liability for damages shall be limited to the foreseeable, typically occurring damage.
The liability for culpable injury to life, body or health and in the event of fraudulent intent as well as the liability under the Product Liability Act shall remain unaffected.
Unless otherwise expressly provided above, any other liability of the Seller is excluded. In particular, the Seller shall not be liable in the event of simple negligence on the part of its executive bodies, legal representatives, employees or other vicarious agents, insofar as this does not involve a breach of material contractual obligations pursuant to para. 1.
Furthermore, we shall not be liable if the goods have been modified by the buyer after delivery. This also applies if repair work is/was not carried out by us for reasons for which we are not responsible.
§ 9 Cancellation policy
Buyers, as consumers, have a statutory right of withdrawal when concluding a distance selling transaction – as is the case in the online shop of Decayeux GmbH – about which the seller informs them below in accordance with the statutory model. The exceptions to the right of withdrawal are regulated under point 9.3. A sample withdrawal form is listed under point 9.4.
.
Cancellation policy
9.1 Right of withdrawal
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,
“On which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods”; or
“On which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods”; or
in the case of a contract for the delivery of goods in several partial consignments or pieces: “on which you or a third party named by you, who is not the carrier, have taken possession of the last partial consignment or piece.”
To exercise your right of withdrawal, you must notify us, the:
Elektrowärme GmbH
Seed Week 7 Business Park
Tel.:
+49 33841 97-229
by means of a clear declaration (e.g. a letter sent by post, a fax or by email) about your decision to revoke this contract. You can use the model withdrawal form – listed under point 9.4 – for this purpose, which is, however, not mandatory.
To comply with the withdrawal period, it is sufficient if you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
9.2 Consequences of withdrawal
If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without 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 repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.
We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return the goods to us – to the address stated under 9.1 – or hand them over to us without delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the end of the fourteen-day period.
You shall bear the direct costs of returning the goods. In addition, you only have to pay for any loss in value of the goods if this loss in value is due to handling the goods in a way that is not necessary for checking the condition, properties and functioning of the goods.
9.3 Exclusion of the right of withdrawal
The right of withdrawal according to clause 9.1 of these GTC does not apply to contracts for 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.
9.4 Model cancellation form
The provider (seller) informs about the model withdrawal form according to the legal regulation as follows:
Sample cancellation form
(If you wish to cancel this contract, please complete this form and return it to us)
To:
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods:
Ordered on (*)/Received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only in case of notification on paper)
Date
(*) Delete as applicable
– End of the cancellation policy –
§ 10 Privacy Policy
The seller processes customer data to carry out enquiries or orders and to maintain the ongoing customer relationship. For further information, please refer to our Privacy Policy.
§ 11 Choice of law and contractual language, miscellaneous
These GTC and all legal relations between the Seller and the Buyer shall be governed exclusively by the laws of the Federal Republic of Germany, excluding all international and supranational uniform law, in particular the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the customer has his habitual residence as a consumer, shall remain unaffected.
The language of the contract is German.
The EU Commission operates an internet platform for the online settlement of disputes between entrepreneurs and consumers (“ODR platform”). This can be reached at: http://ec.europa.eu/consumers/odr/. The Seller is not willing and not obliged to participate in dispute resolution proceedings before a consumer arbitration board.
The remaining parts of the contract shall remain binding even if individual points are legally invalid. The invalid points shall be replaced by the statutory provisions, if any. However, insofar as this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall become ineffective.
As of January 2021
