General Terms and Conditions

§ 1 Scope, Definitions

These General Terms and Conditions (GTC) apply to all orders placed by consumers and entrepreneurs via our online shop. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession. An entrepreneur is a natural or legal person or a partnership with legal personality that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction. These GTC also apply to future business relationships with entrepreneurs without our having to point this out separately. Opposing or supplementary terms and conditions of the entrepreneur are hereby expressly objected to and shall only become part of the contract if we expressly agree to them.

§ 2 Contract Partner, Conclusion of Contract

(1) The customer has the option to select products from the provider's range, in particular cakes and related accessories, and to collect them in a shopping cart via the "Add to cart" button. After selecting their delivery and payment options, the customer submits a binding offer to purchase the goods in the shopping cart via the "Order" button. Before submitting the order, the customer has the option to view and change their product selection as well as the delivery and payment terms chosen at any time. However, the offer can only be submitted and transmitted if the customer accepts the GTC by ticking a box and has taken note of the information contained therein regarding their right of withdrawal.

(2) The provider confirms receipt of the order to the customer immediately by automated e-mail, which lists the customer's order again.

§ 5 Delivery and Availability of Goods

(1) If the product selected by the customer is not available at the time of the order, the provider will inform the customer of this in the order confirmation. If the product is permanently unavailable, the provider will not issue an acceptance declaration and no contract shall 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 the 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 any payments already made by the customer.

§ 6 Prices and Shipping Costs

(1) All prices stated on the provider's website include the applicable statutory value-added tax.

(2) In addition to the product prices, shipping costs apply. Further information on shipping costs can be found 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 Shelf Life, Warranty, and Guarantee

(1) The cakes offered by the provider are handmade individual items that may show slight deviations in size, weight, and color, which are reasonable for the customer. Ice cream cakes and frozen products must be stored in the freezer. Non-frozen cakes have a shelf life of 3 days after delivery at room temperature.

Marshmallows. Shelf life of 2 months at room temperature. To keep the marshmallows soft, we recommend storing them in an airtight container.


Macarons:

1. at room temperature: consume within a few days of receipt.

2. in the refrigerator: store in an airtight container for a maximum of 7 days.

3. in the freezer: store in an airtight container for a maximum of 1 month.

Chocolate truffles. Shelf life of a maximum of 2 months at room temperature.

(2) The provider is also liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 et seq. of the German Civil Code (BGB). The warranty period for goods delivered by the provider is 12 months for entrepreneurs.

§ 9 Liability

We are liable for damages caused by us, our legal representatives, or employees. In the following cases, we are always liable without limitation: in the event of injury to life, body, or health, in the event of intentional or grossly negligent conduct, in the case of agreed warranty promises, or if the Product Liability Act applies. If we breach essential contractual obligations due to slight negligence, the fulfillment of which is indispensable for the proper execution of the contract and on which the contractual partner may regularly rely (cardinal obligations), our liability is limited to the foreseeable damage that typically occurs. In all other cases, claims for damages are excluded.

§ 10 Right of Withdrawal

Consumers may 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 them who is not the carrier, has taken possession of the goods.

To exercise the right of withdrawal, the consumer must send us a clear declaration of their decision to withdraw from the contract. The attached model withdrawal form may 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 Withdrawal

In the event of withdrawal, all payments we have received from the consumer, including delivery costs, will be refunded immediately and at the latest within 14 days from the day on which the notification of withdrawal was received by us. The same means of payment used for the original transaction will be used, unless expressly agreed otherwise. We may withhold the refund until we have received the goods back or until the consumer has provided proof that they have sent the goods back, whichever is the earlier.

The consumer must send back or hand over the goods immediately and in any event no later than 14 days from the day on which they notified us of the withdrawal. The deadline is met if the goods are sent back before the period of 14 days has expired. The consumer bears the direct costs of returning the goods. The consumer only has 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 examining their condition, properties, and functionality.

The right of withdrawal does not exist for contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual choice 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 supply of goods that can spoil quickly or whose expiration date would be exceeded quickly.

The following products are considered custom-made goods:

  • Ice cream cakes
  • Cakes
  • Marshmallow flowers in all shapes
  • Semifreddo


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Model Withdrawal Form

(If you wish to withdraw from the contract, please fill out this form and send it back by e-mail.)

– To B-iced GmbH, Rennbahnstr. 21 13086 info@b-iced.de

– I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following
goods (*)/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 paper-based notification)

– Date

(*) Delete as appropriate.
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§ 11 Retention of Title

B-iced GmbH retains ownership of the delivered goods until the purchase price has been paid in full.

§ 12 Data Protection

Customer data is used exclusively for processing the order and is not passed on to third parties. If you would like to learn 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 that the customer is a merchant.