(in the following: „shop.icaros.com“)
Management: Michael Schmidt und Johannes Scholl
HRB 220712 Amtsgericht München
(1) These General Terms and Conditions (GTC) apply exclusively to orders placed by customers via our online shop shop.icaros.com.
(2) By confirming these terms and conditions, the contractual partner agrees to their inclusion in the contract. Deviating conditions of the customer or third parties do not become part of the contract unless shop.icaros.com expressly agrees to them.
(3) The offer of the online shop shop.icaros.com is aimed exclusively at customers aged 18 and over. By confirming the terms and conditions, the customer assures that they are at least 18 years old.
(4) The offer of the online shop shop.icaros.com is aimed at consumers.
According to § 13 BGB, a consumer is any natural person who concludes the contract for a purpose that cannot be attributed to their commercial or independent professional activity.
§ 2 conclusion of contract
(1) The presentation of the goods in the online shop shop.icaros.com does not constitute a legally binding offer, but a non-binding online catalog. By ordering the desired goods, the consumer makes a binding offer to conclude a purchase contract.
(2) Shop.icaros.com confirms receipt of the customer's order by sending an order confirmation by email. This order confirmation does not yet represent our acceptance of the contract offer. It only serves to inform the customer that the order has been received by shop.icaros.com.
(3) Shop.icaros.com is entitled to accept offers from the customer within a period of two working days from receipt of the order. The contract is concluded when shop.icaros.com confirms acceptance of the offer within this period in writing or by email (order confirmation).
(4) Shop.icaros.com is currently available in German and English for contract conclusion.
(5) All contract texts and contents can be viewed in your customer account at https://shop.icaros.com/account. To do this, please log in with your user name and password in order to be able to call up the information.
(6) Please check your goods and all other information in the shopping cart carefully through each step. Before you send your order, all the details will be listed again. By clicking forwards and backwards, these can be changed or adapted before the order is placed.
§ 3 Subject of the contract
The subject of the contract is only the goods that are expressly confirmed by shop.icaros.com in the order confirmation.
§ 4 delivery and payment
(1) The delivery takes place within the delivery period shown on the respective offer page to the delivery address specified by you.
(2) All prices quoted include the statutory VAT. All prices quoted are plus shipping costs, if applicable.
(3) The customer has the option of paying in advance or by PayPal. The respective payment method agreed in the context of the order and order confirmation applies.
(4) shop.icaros.com is entitled to partial services, provided that these are beneficial to the execution of the contract and reasonable for the contractual partner.
§ 5 cancellation policy (only for private customers)
I. Right of withdrawal
(1) You have the right to withdraw from this contract within fourteen days without giving any reason.
(2) The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.
In the case of a contract for several goods that you have ordered as part of a single order and that are delivered separately, the withdrawal period is fourteen days from the day on which you or a third party named by you who is not the carrier, the last Have or has taken possession of the goods.
(3) In order to exercise your right of withdrawal, you must inform us
Tel .: +49 89 41 41 82 100
by means of a clear declaration (e.g. a letter sent by post or email) of your decision to withdraw from this contract. You can use the sample withdrawal form for this.
To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.
II. Consequences of withdrawal
(1) If you withdraw from this contract, we will give you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from the fact that you use a different type of delivery than that offered by us, have chosen the cheapest standard delivery), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract.
(2) For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment.
(3) We can refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.
(4) You have the goods to you immediately and in any case no later than fourteen days from the day on which you informed us of the cancellation of this contract
to be returned or handed over.
(5) The deadline is met if you send the goods before the period of fourteen days has expired.
(6) You bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling you that is not necessary to check the nature, properties and functionality of the goods.
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§ 6 Retention of title
The contractual goods remain the property of ICAROS GmbH until they have been paid for in full.
§ 7 Liability
(1) We are liable in cases of intent or gross negligence on the part of ICAROS GmbH or a representative or vicarious agent as well as in the event of culpable injury to life, body or health in accordance with the statutory provisions. Otherwise, we are only liable in accordance with the Product Liability Act, due to the culpable breach of essential contractual obligations or insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the delivery item. The claim for damages for the culpable breach of essential contractual obligations is limited to the foreseeable damage typical for the contract, unless another of the cases listed in sentence 1 or sentence 2 is given at the same time.
(2) The provisions of Paragraph 1 above apply to all claims for damages (in particular for damages in addition to the performance and damages instead of the performance), regardless of the legal reason, in particular due to defects, the breach of obligations arising from the contractual relationship or from tort . They also apply to claims for reimbursement of wasted expenses.
In the event of defects in the delivered goods, the statutory warranty regulations apply.
§ 9 Observance of the instructions for use
Before installing and using the goods, the customer is obliged to carefully read the instructions for installation and use provided and to observe them each time they are used. Should the customer allow third parties to use the goods, the customer is obliged to ensure that every user is familiar with the instructions for use and that they also observe them.
§ 10 Willingness to arbitrate
“We try to settle any differences of opinion arising from our contract with the customer amicably. In addition, we are not obliged to participate in an arbitration procedure and unfortunately we cannot offer our customers participation in such a procedure. "
"Since February 15, 2016, the EU Commission has provided a platform for out-of-court settlement of disputes. This gives consumers the opportunity to resolve disputes in connection with their online order without the involvement of a court. The dispute settlement platform is under the external Link https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=DE available.
In this context, we are legally obliged to inform you of our e-mail address. This is: firstname.lastname@example.org
§ 11 Final Provisions
(1) German law applies to the exclusion of the UN sales law. Mandatory consumer protection regulations of the country in which the customer has his habitual residence remain unaffected by this choice of law.
(2) The place of jurisdiction for all disputes arising from the contractual relationship between the customer and the provider is Munich, provided that the customer is a merchant, a legal entity under public law or a special fund under public law.
(3) Should individual provisions of these general terms and conditions be ineffective or unenforceable, this shall not affect the validity of the remaining provisions