General terms and conditions
(hereinafter referred to as: „shop.icaros.com“)
Management: Michael Schmidt, Johannes Scholl
HRB 220712 Local court munich
§ 1 General remarks
(1) For orders, our customers submit throught our online store, only the following general business terms (GTC) apply.
(2) By acknowledgment of these terms and conditions the contractual partner agrees to their inclusion in the contract. Differing conditions of the customer or any third parties are not part of the contract unless shop.icaros.com agrees expressly.
(3) The offer of the online shop shop.icaros.com is directed to customers and business customers over 18 years. With the confirmation of the General Business Terms the customer confirms that he is at least 18 years old.
(4) The offer of the online shop shop.icaros.com is directed to customers and business customers
According to §13 BGB a consumer is any natural person who enter into a contract for a purpose which can neither be attributed to their commercial or independent professional activity.
5) Typing, printing and calculation errors that arise in the presentation of the offer or as part of the order confirmation, are not binding for us.
§ 2 Conclusion of contract
(1) The presentation of goods in the internet shop shop.icaros.com is not a legally binding offer, but a noncommittal online catalog. By ordering the desired goods, the consumer makes an offer, binding for him, to conclude a purchase contract.
(2) shop.icaros.com acknowledges the receipt of the customer’s order by sending an order confirmation via email. This confirmation not yet constitutes an acceptance of the offer by us. It serves only to inform the customer that the order was received by shop.icaros.com.
(3) shop.icaros.com is entitled to accept the customer’s offers within a period of two working days from the receipt of the order. The contract is completed when shop.icaros.com accepts the offer within this period in writing or by e-mail confirmation (order confirmation).
(4) Shop.icaros.com is currently available for contract conclusion in German and English.
(5) All contractual texts and contents can be viewed in your customer account at https://shop.icaros.com/account. To do so, log in with your username and password to retrieve the information.
(6) Please check by every step carefully your goods and all other details in the shopping cart. Before you send your order all details will be listed again. By clicking back and forth you can change or adjusted all details before the order is triggered.
§ 3 Object of the contract
Objects of the contact can only be goods which are expressly confirmed by shop.icaros.com in the order confirmation.
§ 4 Delivery and payment
(1) The delivery is made within the period given by the supplying side to the delivery address you specify.
(2) All prices quoted are inclusively of the statutory VAT. All prices quoted include possible shipping costs.
(3) The customer has the option to pay by in advance or by PayPal. The payment method agreed to in the order and confirmation applies.
(4) shop.icaros.com is entitled to partial services provided that such execution of the contract is conducive and reasonable for the contractor.
§ 5 Cancellation policy (only for private customers)
I. Cancellation right
(1) You have the right to withdraw from this contract within fourteen days without giving a reason.
(2) The cancellation period amounts to fourteen days from the date, on which your representative from a third party, other than the carrier, named by you, has taken possession of the goods.
In case you ordered several products under a single order and the goods are delivered separately, the cancellation policy starts as soon as you, or your representative from a third party, other than the carrier, have received the last product.
(3) To exercise your cancellation right, you need to inform us
of your decision to revoke this agreement through an unequivocal statement (e.g. through a letter sent by mail or an email). You can do so by using the german legal model withdrawal form or our model englisch version of the withdrawal form. which is not mandatory, however. To meet the cancellation deadline, it is sufficient that you send your statement concerning the right of cancellation before the cancellation period.
II. Effects of the cancellation
(1) If you withdraw from this contract, we will reimburse all payment we have received from you, including the costs of supply (with the exception of the additional costs arising from the fact that you have chosen a type of delivery other than the cheapest standard offered by us) and repay you immediately within fourteen days from the date on which the notification about your cancellation of the contract has been received by us.
(2) For this repayment, we use the same method of payment that you used in the original transaction, unless something else was explicitly agreed upon with you. On no account will you be charged any fees for this repayment.
(3) We may withhold reimbursement until we have received back the returned goods, or until you have demonstrated that you have returned the goods, whichever is the earlier.
(4) You have to return the goods immediately and in any event no later than fourteen days from the date on which you inform us
of any cancellation of this contract.
(5) The deadline is met, if you send the goods before the period of fourteen days.
(6) You bear the direct costs of returning the goods. You only need to pay for any diminished value of the goods, where the value loss is attributed to a gross negligent handling, which affects the nature, feature or functionality of the goods.
---End of the cancellation Policy---
§ 6 Reservation of proprietary rights
The contractual goods remain the property of the shop.icaros.com until full payment.
§ 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 culpably caused injury to life, limb or health in accordance with the statutory provisions. Incidentally, we are liable only according to the Product Liability Act, because of the culpable breach of essential contractual obligations or as far as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the delivery item. However, the claim for damages for the culpable breach of material 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 also present.
(2) The provisions of paragraph 1 above shall apply to all claims for damages (in particular for damages in addition to performance and damages instead of performance), regardless of the legal grounds, in particular due to defects, breach of obligations under the obligation or tort , They also apply to the claim for compensation for futile expenses.
(3) Insofar as the liability for damages against us is excluded or limited, this also applies with regard to the personal liability for damages of our employees, employees, employees, representatives and vicarious agents.
(4) Changing the burden of proof to your detriment is not connected with the above regulations.
§ 8 Warranty
In case of deficiencies of the delivered goods the legal warranty regulations apply.
§ 9 Observance of the instructions for use
The customer is obliged to carefully read the installation and usage instructions provided before installing and using the goods and to observe them with every use. If the customer allows third parties to use the goods, the customer is obliged to ensure that each user is familiar with the instructions for use and also observes them.
§ 10 Mediation/Conciliation
We are striving to settle possible quarrels, related to this agreement in mutual consent. Furthermore, we are neither obliged to take part in a mediation procedure nor we can offer such participation to our customers.
Since 15 February 2016, the EU Commission provides a platform for extrajudicial mediation. That way, customers are given the possibility to clarify/settle the disputes connected to their eshop order, without judicial intervention in the first place. For more information about the dispute resolution platform, please take a look at/visit https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN. In addition, we are legally obligated to inform you about our email address firstname.lastname@example.org.
§ 11 Closing provisions
(1) It is understood that German law applies, excluding the CISG. Unaffected by this choice of law remain the mandatory consumer protection provisions of the country in which the customer ha his habitual residence.
(2) 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 public separate estate.
(3) Should any of these terms and conditions be invalid or unenforceable, the validity of the remaining provisions will remain unaffected.