General Terms and Conditions
§ 1 Scope, definitions
These general terms and conditions (GTC) apply to all orders placed by consumers and businesses via our online shop. A consumer is any natural person who concludes the legal transaction for purposes that cannot be attributed primarily to their commercial or independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity. These GTC also apply to future business relationships with businesses, without us having to point this out separately. Conflicting or supplementary terms and conditions of the business are hereby expressly rejected and will only become part of the contract if we expressly agree to them.
§ 2 Contracting parties, conclusion of contract
(1) The customer has the option of selecting products from the provider's range, in particular cakes and related accessories, and collecting them in a shopping cart using the "Add to cart" button. After selecting his delivery and payment options, the customer submits a binding request to purchase the goods in the shopping cart using the "Order" button. Before submitting the order, the customer has the option of changing and viewing his product selection as well as the delivery and payment conditions he has chosen at any time. However, the request can only be submitted and transmitted if the customer has accepted the general terms and conditions by ticking a box and has taken note of the information contained therein regarding his right of withdrawal.
(2) The provider will immediately confirm receipt of the order to the customer by automated email, which will repeat the customer’s order.
§ 5 Delivery and availability of goods
(1) If the product selected by the customer is not available at the time of ordering, the provider will inform the customer of this in the order confirmation. If the product is permanently unavailable, the provider will not issue a declaration of acceptance and no contract will be concluded.
(2) If the product ordered by the customer is temporarily unavailable, the provider will also inform the customer immediately in the order confirmation. If delivery is delayed by more than two weeks, the customer has the right to withdraw from the contract. The provider also has the right to withdraw from the contract and in this case will refund the customer any payments already made.
§ 6 Prices and Shipping Costs
(1) All prices stated on the provider’s website include the applicable statutory sales tax.
(2) In addition to the product prices, shipping costs apply. You can find more information about shipping costs in the offers. In principle, it is possible to collect the products yourself. The collection address is Ba-iced, Rennbahnstr. 21 13086 Berlin.
§ 7 Payment
The following payment methods are available in our shop:
PayPal
Klarna
credit card (Visa, MasterCard, Maestro, American Express)
§ 8 Durability, warranty and guarantee
(1) The cakes offered by the supplier are handmade, unique pieces that may have slight variations in size, weight and color, which are acceptable to the customer. The ice cream cakes and frozen products must be stored in the freezer. The non-frozen cakes can be kept at this temperature for 3 days after delivery.
Marshmallows. At room temperature Shelf life 2 months . To keep the marshmallows soft, we recommend storing them in an airtight container.
Macarons:
1. at room temperature: within a few days of receipt.
2. in the refrigerator: in an airtight container maximum of 7 days store.
3. in the freezer: in an airtight container maximum of 1 month store.
Chocolate truffles. Can be kept at room temperature for a maximum of 2 months .
(2) The provider is also liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff BGB. The warranty period for goods delivered by him is 12 months for entrepreneurs.
§ 9 Liability
We are liable for damages caused by us, our legal representatives or employees. We are always liable without limitation in the following cases: in the event of injury to life, body or health, in the event of intentional or grossly negligent actions, in the event of agreed guarantee promises or if the Product Liability Act applies. If, due to slight negligence, we violate essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on which the contractual partner can regularly rely (cardinal obligations), our liability is limited to the foreseeable damage that can typically arise. In all other cases, claims for damages are excluded.
§ 10 Cancellation Policy
Consumers can withdraw from the contract within 14 days without giving any reason. The period begins on the day on which the consumer or a third party designated by him, who is not the carrier, takes possession of the goods.
To exercise the right of withdrawal, the consumer must send us an unambiguous declaration of his decision to withdraw from the contract. The attached model withdrawal form can be used for this purpose, but it is not mandatory. It is sufficient if the notification of the exercise of the right of withdrawal is sent before the expiry of the withdrawal period.
consequences of revocation
In the event of cancellation, all payments that we have received from the consumer, including delivery costs, will be refunded promptly and at the latest within 14 days from the day on which we received notification of the cancellation. The same means of payment will be used that was used for the original transaction, unless expressly agreed otherwise. We may refuse repayment until we have received the goods back or until the consumer has provided proof that he has returned the goods, whichever is earlier.
The consumer must return or hand over the goods promptly and at the latest within 14 days from the date on which he notified us of the cancellation. This deadline is met if the goods are sent before the expiry of the 14-day period. The consumer shall bear the direct cost of returning the goods. The consumer only has to pay for any loss of value of the goods if this is due to handling of the goods which is not necessary to check their quality, properties and functioning.
The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. Also excluded from the right of withdrawal are contracts for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded.
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sample cancellation form
(If you want to cancel the contract, please fill out this form and send it back by email.)
– To B-iced GmbH, Rennbahnstr. 21 13086 info@b-iced.de
– 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 if notification is on paper)
- Date
(*) Delete as appropriate.
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§ 11 Retention of Title
B-iced GmbH reserves ownership of the delivered goods until the purchase price has been paid in full.
§ 12 Data Protection
The customer's data is used exclusively to process the order and is not passed on to third parties. If you would like to know more about our use of cookies, how we collect data, why we use your data and under what conditions we disclose your data, you can find further information in our privacy policy. By confirming your order, you agree and acknowledge that we may collect, use, store and process your personal data in accordance with our privacy policy.
§ 13 Final Provisions
The law of the Federal Republic of Germany applies. The place of jurisdiction is the registered office of the ice cream parlor, provided the customer is a merchant.