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General Terms and Conditions with
Customer Information

Table of Contents

  1. Scope of Application

  2. Conclusion of Contract

  3. Right of Withdrawal

  4. Prices and Payment Terms

  5. Delivery and Shipping Terms

  6. Retention of Title

  7. Liability for Defects (Warranty)

  8. Applicable Law

  9. Jurisdiction

  10. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter referred to as

General Terms and Conditions with
Customer Information

Table of Contents

  1. Scope

  2. Conclusion of Contract

  3. Right of Withdrawal

  4. Prices and Payment Conditions

  5. Delivery and Shipping Conditions

  6. Retention of Title

  7. Liability for Defects (Warranty)

  8. Applicable Law

  9. Jurisdiction

  10. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Iceberg GmbH (hereinafter referred to as "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller regarding the goods displayed by the Seller in its online shop. The inclusion of the Customer’s own terms is hereby contradicted, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity.

1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a legal partnership that acts in the exercise of their commercial or independent professional activity when concluding a legal transaction.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller's online shop do not represent binding offers on the part of the Seller, but serve to enable the Customer to submit a binding offer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller’s online shop. In doing so, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contract offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process.

2.3 The Seller may accept the Customer’s offer within five days,

  • by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), where the receipt of the order confirmation by the Customer is decisive; or

  • by delivering the ordered goods to the Customer, where the receipt of the goods by the Customer is decisive; or

  • by requesting payment from the Customer after the Customer has submitted their order.

If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this is deemed to be a rejection of the offer, with the result that the Customer is no longer bound by their declaration of intent.

2.4 When selecting a payment method offered by PayPal, the payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), under the PayPal terms of use, viewable at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the Customer does not have a PayPal account - under the conditions for payments without a PayPal account, viewable at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a selected payment method offered by PayPal during the online ordering process, the Seller hereby declares acceptance of the Customer’s offer at the moment the Customer clicks the button that concludes the ordering process.

2.5 When selecting the payment method "Amazon Payments," the payment processing is handled via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter referred to as "Amazon"), under the Amazon Payments Europe User Agreement, viewable at https://payments.amazon.de/help/201751590. If the Customer selects "Amazon Payments" as the payment method during the online ordering process, they also issue a payment order to Amazon by clicking the button that concludes the ordering process. In this case, the Seller hereby declares acceptance of the Customer’s offer at the moment the Customer initiates the payment process by clicking the button that concludes the ordering process.

2.6 When submitting an offer via the Seller's online order form, the contract text will be stored by the Seller after the contract is concluded and sent to the Customer in text form (e.g., email, fax, or letter) after the Customer has sent their order. A further access to the contract text by the Seller does not take place. If the Customer has set up a user account in the Seller’s online shop before sending their order, the order data will be archived on the Seller’s website and can be accessed by the Customer via their password-protected user account free of charge by providing the corresponding login data.

2.7 Before submitting the order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions, until they click the button that concludes the ordering process.

2.8 Only the German language is available for the conclusion of the contract.

2.9 Order processing and contact are usually made via email and automated order processing. The Customer must ensure that the email address they provided for order processing is correct, so that emails sent by the Seller can be received at this address. In particular, when using spam filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Detailed information on the right of withdrawal can be found in the Seller’s cancellation policy.


Terms and Conditions with
Customer Information

Contents

  1. Scope

  2. Conclusion of Contract

  3. Right of Withdrawal

  4. Prices and Payment Conditions

  5. Delivery and Shipping Conditions

  6. Retention of Title

  7. Liability for Defects (Warranty)

  8. Applicable Law

  9. Jurisdiction

  10. Alternative Dispute Resolution

1) Scope

1.1 These general terms and conditions (hereinafter "GTC") of Iceberg GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer's own conditions is hereby objected to, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity.

1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who acts in exercise of their commercial or independent professional activity when concluding a legal transaction.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers by the Seller, but serve for the Customer to submit a binding offer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. In doing so, after placing the selected goods in the virtual shopping cart and proceeding through the electronic ordering process, the Customer submits a legally binding contract offer with respect to the goods contained in the shopping cart by clicking the button that concludes the ordering process.

2.3 The Seller may accept the Customer's offer within five days by

  • sending the Customer a written order confirmation or an order confirmation in text form (fax or email), with the receipt of the order confirmation by the Customer being relevant, or

  • delivering the ordered goods to the Customer, with the receipt of the goods by the Customer being relevant, or

  • requesting payment from the Customer after the Customer's order is submitted.

If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The period for accepting the offer begins the day after the Customer sends the offer and ends at the close of the fifth day following the sending of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this is considered a rejection of the offer, resulting in the Customer no longer being bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment processing will be carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), under the PayPal terms of use, accessible at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or, if the Customer does not have a PayPal account, under the terms for payments without a PayPal account, accessible at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a PayPal payment method available in the online ordering process, the Seller declares acceptance of the Customer's offer at the time the Customer clicks the button that concludes the ordering process.

2.5 If the payment method "Amazon Payments" is selected, payment processing will be carried out via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter referred to as "Amazon"), under the Amazon Payments Europe terms of use, accessible at https://payments.amazon.de/help/201751590. If the Customer selects "Amazon Payments" as the payment method in the course of the online ordering process, they also issue a payment order to Amazon by clicking the button that concludes the ordering process. In this case, the Seller declares acceptance of the Customer's offer at the time the Customer initiates the payment transaction by clicking the button that concludes the ordering process.

2.6 When submitting an offer via the Seller's online order form, the contract text is stored by the Seller after the contract is concluded and sent to the Customer after their order is submitted in text form (e.g., email, fax, or letter). Further provision of the contract text by the Seller does not occur. If the Customer has set up a user account in the Seller's online shop before sending their order, the order data is archived on the Seller's website and can be accessed by the Customer free of charge via their password-protected user account by entering the appropriate login data.

2.7 Before submitting a binding order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better identification of input errors can be the browser's enlargement function, with which the display on the screen is enlarged. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

2.8 Only the German language is available for the conclusion of the contract.

2.9 Order processing and contact take place via email and automated order processing. The Customer must ensure that the email address provided for order processing is correct, so that emails sent by the Seller can be received at this address. In particular, the Customer must ensure that all emails sent by the Seller or by third parties commissioned with order processing can be delivered, especially if spam filters are used.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller's withdrawal policy.


4) Prices and Terms of Payment

4.1 Unless otherwise stated in the seller's product description, the prices listed are total prices that include statutory sales tax. Any additional delivery and shipping costs will be specified separately in the respective product description.

4.2 The available payment method(s) will be communicated to the customer in the seller's online store.

4.3 If the payment method "SOFORT" is selected, payment processing will be carried out via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereafter "SOFORT"). To pay the invoice amount via "SOFORT", the customer must have an online banking account activated for participation in "SOFORT", authenticate themselves accordingly during the payment process, and confirm the payment instruction to "SOFORT". The payment transaction will be carried out immediately afterwards by "SOFORT" and the customer's bank account will be debited. More information about the "SOFORT" payment method can be accessed online at  https://www.klarna.com/sofort/ .

4.4 If a payment method offered via the payment service "Shopify Payments" is selected, payment processing will be carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereafter "Stripe"). The individual payment methods offered via Shopify Payments will be communicated to the customer in the seller's online store. To process payments, Stripe may use additional payment services for which special payment conditions may apply, which the customer will be informed about separately, if applicable. Further information on "Shopify Payments" can be accessed online at  https://www.shopify.com/legal/terms-payments-de .

4.5 If a payment method offered via the payment service "Klarna" is selected, payment processing will be carried out via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereafter "Klarna"). Further information and Klarna’s terms and conditions can be found in the seller's payment information, which is available at the following internet address:

https://uniture.de/pages/zahlungsinformationen

5) Delivery and Shipping Conditions

5.1 If the seller offers delivery of the goods, the delivery will be made within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. The delivery address specified in the seller's order processing is decisive for the transaction.

5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer must bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the initial shipment if the customer effectively exercises their right of withdrawal. For return costs, the regulation in the seller's cancellation policy applies when the right of withdrawal is effectively exercised by the customer.

5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer once the seller has delivered the goods to the carrier, the freight forwarder, or the person or institution otherwise designated to perform the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes to the customer or a recipient authorized to take delivery upon transfer of the goods. Notwithstanding this, if the customer has commissioned the carrier, freight forwarder, or the person or institution otherwise designated to perform the shipment and the seller has not previously named this person or institution to the customer, the risk also passes to the customer upon delivery to the carrier, freight forwarder, or the person otherwise designated to perform the shipment.

5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the seller is not responsible for the non-delivery and has concluded a specific hedging transaction with the supplier under due care. The seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately, and any consideration will be refunded immediately.

5.5 Self-collection is not possible for logistical reasons.

6) Retention of Title

If the seller makes an advance payment, they retain title to the delivered goods until the full payment of the purchase price owed.

7) Liability for Defects (Warranty)

7.1 Unless otherwise stated in the following regulations, the statutory provisions on liability for defects apply. Deviating from this, the following applies to contracts for the supply of goods:

7.2 If the customer acts as an entrepreneur,

  • the seller has the choice of the type of subsequent performance;

  • the limitation period for defects in new goods is one year from delivery of the goods;

  • claims for defects in used goods are excluded;

  • the limitation period does not begin anew if a replacement delivery is made under liability for defects.

7.3 The above restrictions and shortening of the deadline do not apply

  • to claims for damages and reimbursement of expenses by the customer,

  • in the event that the seller has fraudulently concealed the defect,

  • for goods that have been used for a building in accordance with their usual use and have caused its defectiveness,

  • for any existing obligation of the seller to provide updates for digital products, for contracts for the supply of goods with digital elements.

7.4 Furthermore, it applies to entrepreneurs that the statutory limitation periods for any statutory recourse claims remain unaffected.

7.5 If the customer acts as a merchant under § 1 HGB, they are subject to the commercial obligation to inspect and give notice of defects according to § 377 HGB. If the customer fails to comply with the notice obligations regulated there, the goods are deemed to have been approved.

7.6 If the customer acts as a consumer, they are requested to report delivered goods with obvious transport damage to the deliverer and inform the seller accordingly. Failure to comply does not affect the customer’s legal or contractual claims for defects.

8) Applicable Law

All legal relationships between the parties are governed by the law of the Federal Republic of Germany to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has their habitual residence.

9) Jurisdiction

If the customer acts as a merchant, a legal entity under public law, or a special fund under public law with its seat in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims from the contract can be attributed to the customer's professional or commercial activity. However, the seller is, in any case, entitled to bring an action at the customer's place of business.

10) Alternative Dispute Resolution

10.1 The EU Commission provides a platform for online dispute resolution on the internet via the following link: https://ec.europa.eu/consumers/odr

This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

10.2 The seller is not obliged to participate in a dispute resolution procedure before a consumer arbitration board but is willing to do so.