General terms and conditions

§ 1 Scope of application 

(1) These General Terms and Conditions (GTC) apply to the use of the consumer area on our website icrush.co.uk and to all contracts concluded via this between us, the

iCrush GmbH
Represented by the managing director Liang Yang
Sülzburgstr. 11
50937 Cologne
+49 (0) 221 588 710 28
[email protected]

and you as our customers. 

(2) All agreements made between you and us in this context result in particular from these GTC, our written order confirmation and our contract acceptance declaration.
(3) With regard to the GTC, the version of the GTC valid at the time of conclusion of the contract shall be authoritative.
(4) Deviating contractual terms and conditions of the customer shall not be recognised unless we expressly agree to them in writing.
(5) If references are made to the applicability of statutory provisions, these shall only have clarifying significance. Even without such clarification, the statutory provisions shall apply insofar as they are not directly amended or expressly excluded in these GTC.
(6) Our range of services in the consumer sector is directed exclusively at consumers within the meaning of § 13 BGB. Business acts as entrepreneurs are not permitted on our website.
(7) You can print and/or save these GTC. For this purpose, this page can be saved via the browser and/or printed out immediately. 

 

2 Customer account, registration, account deletion

(1) An order is possible with or without prior registration.
(2) Registration on our website icrush.co.uk, the creation of a customer account and logging into it are free of charge. To protect against misuse of your data, you must "activate" your customer account for successful registration. For this purpose, we send an e-mail with an activation link to the e-mail address on which the registration is based. We will then confirm the successful creation of your customer account by e-mail. If the customer account is not activated within 7 days, your specified data will be automatically deleted.
(3) There are no claims to the use, technical availability or further development of our website. Claims to contractual execution and processing of current orders remain unaffected by this.
(4) You are obliged to provide truthful information and, in the event of a change in your personal data, to make appropriate updates if you wish to (continue to) use our range of services.
(5) The disclosure of your login data to third parties is not permitted. You are obliged to treat this data confidentially and to prevent unauthorised use by third parties to a reasonable extent.
(6) Each customer may only have one customer account at any one time. In the event that a customer maintains further accounts with us, we reserve the right to delete all accounts opened after the first registration and to exclude the customer from using our range of services.
(7) A deletion of the customer account is possible for both you and us at any time without notice and without giving reasons. For this purpose, it is necessary to send an e-mail to [email protected] via the e-mail address on which the customer account is based, from which the intention to delete the account clearly emerges. Legal relationships still to be settled remain unaffected by this. This applies in particular to orders that have already been placed and have not yet been completed.
(8) In the context of deleting the customer account, your personal data generated here will also be deleted if you have made a request to this effect and there are no legal obligations to retain the data, or if the data is no longer required to fulfil the purpose for which it was stored, or if its storage is inadmissible for other legal reasons. The request shall be sent to the address stated in § 1. 

 

§ 3 Conclusion of contract

(1) The presentation and advertising of articles in our web shop does not constitute a legally binding offer to conclude a purchase contract pursuant to § 433 BGB. Due to the technical possibilities of presentation, the ordered goods may deviate slightly within reason from the goods presented, in particular there may be deviations in colour, insofar as this is reasonable.
(2) By sending an order via the online shop by clicking on the button "order subject to payment", you are making a binding offer directed towards the conclusion of a purchase contract.
(3) We will immediately confirm receipt of your order placed via our online shop by means of an automated e-mail ("order confirmation"). Such an e-mail does not constitute a binding acceptance of the order on our part, unless we declare acceptance in addition to confirming receipt.
(4) We may accept the offer within five days. This period begins on the day after the submission of your offer and ends at the end of the fifth day. The contract can be concluded alternatively by

  • - our written declaration of acceptance ("order confirmation") or
  • - by sending the ordered products in the case of purchase on account or
  • - Submitting your order if you have entered your payment details with the payment service providers PayPal or Stripe (credit card payment) as part of the ordering process and authorised the payment process to complete your order

If we do not accept the offer in due time, you are no longer bound to your offer.
(5) The text of the contract with the details of your order as well as the GTC will be sent to you on a permanent data carrier (e-mail or paper printout) after conclusion of the contract. We store the text of the contract in compliance with data protection laws. It is pointed out that it is not possible to retrieve the text of the contract from the website.
(6) The contract shall be concluded in German.
(7) The submission of an offer on our website is not permitted, with the consequence that a contract cannot be concluded if

  • - non-standard household quantities are ordered, e.g. when ordered by a trader.
  • - the purchaser is not of age or of full legal capacity at the time of the submission of the purchase offer. 
  • - a billing and or delivery address outside Germany is specified in the ordering process. 

(8) Before you submit your order on our website, you can check it again and change it if necessary, in addition to your personal details, the billing and delivery address and the selected payment method.

 

§ 4 Delivery / Delivery restrictions, availability

(1) Delivery shall only be made within Germany.
(2) The availability of the goods is based on the information in the respective product description, whereby errors and technical errors in the information are reserved.
(3) The goods will be shipped by post to the delivery address specified by you in the order processing.
(4) In case of purchase via PayPal, your order will be executed as soon as the purchase price has been paid via PayPal. If you have chosen the payment method prepayment or instant bank transfer, the goods will be dispatched as soon as the purchase price has been credited to our account.
(5) Delivery is regularly made in one consignment. In exceptional cases, we may send the ordered goods in partial shipments, insofar as this is reasonable for you.
(6) The shipping risk lies with us (in accordance with the law).
(7) If the product you have ordered is temporarily unavailable, we will inform you of this immediately in the order confirmation. In the event of a delay in delivery of more than two weeks, you have the right to withdraw from the contract. Any payments already made will be refunded immediately. Your statutory right of withdrawal (§ 9 of the GTC) remains unaffected by this.
(8) You can see the delivery date for the goods that have been made out and dispatched by entering the respective tracking numbers, which we will inform you of after dispatch, on the website of the respective supplier.

 

§ 5 Retention of title

The delivered goods remain our property until the purchase price has been paid in full.

 

§ 6 Prices and shipping

(1) Our prices in our online shop are final prices and already include the statutory value added tax. They are exclusive of any shipping costs incurred.
(2) We charge a flat rate of EUR 3 per order for delivery within Germany.
(3) From an order value of EUR 50, we deliver free of shipping costs within Germany.
(4) If we fulfil your order by partial deliveries in accordance with § 4 para. 5 p. 2, you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we will charge shipping costs separately for each partial delivery.
(5) In the event of revocation (§ 9), you shall bear the direct costs of the return shipment.

 

§ 7 Terms of payment, set-off and right of retention

(1) Payment can be made via PayPal, prepayment or instant bank transfer. The payment of the purchase price and the shipping costs are due immediately upon conclusion of the contract.
(2) The prerequisite for payment via PayPal is that the customer opens a PayPal account or already has one. If your payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, the PayPal terms of use(https://www.paypal.com/de/webapps/mpp/ua/useragreement-full) shall also apply. You can access these as part of the ordering process and you must confirm them before submitting your purchase offer.
(3) You can also pay by Sofortüberweisung, a TÜV-certified online payment system based on online banking with PIN/TAN entry for the secure and fast processing of your online purchases from SOFORT GmbH, Fußbergstraße 1, 82131 Gauting. All you need for this is your account number, bank code, PIN and TAN. After submitting your order offer, you will automatically be redirected to the secure payment form of SOFORT GmbH. After a successful transfer, you will receive a transaction confirmation. At this moment we receive the transfer credit. In principle, every Internet user can use Sofortüberweisung as a payment method if they have an activated online banking account with PIN/TAN procedure. Please check in advance whether your bank supports this service. You can find information at https://www.sofort.com/ger-DE/general/fuer-kaeufer/fragen-und-antworten/.
(4) In the case of payment with Stripe (credit card), the purchase price is processed via the payment service provider Stripe Inc. with headquarters at 185 Berry Street Suite 550, San Francisco, CA 94107 ("Stripe"), subject to the Stripe terms of use(https://stripe.com/de/terms), to which we assign our payment claim against you. Stripe will collect the invoice amount from the specified credit card account immediately after you submit your order. You can only make payment to Stripe with debt-discharging effect. Even if you choose to pay with Stripe, we remain responsible and liable for the processing of the purchase contract (apart from the payment), in particular customer enquiries, delivery, returns/complaints, right of withdrawal, vouchers, etc..
(5) Offsetting against our claims is only permissible if your counterclaims have been legally established or are undisputed. A set-off against our claims is also possible if you assert notices of defects or counterclaims from the same purchase contract.
(6) The assertion of a right of retention can only be made if your counterclaim arises from the same purchase contract.

 

§ 8 Warranty

(1) Ordered goods may deviate slightly from the goods depicted within the bounds of what is reasonable. Reference is made to § 3 para. 1 p. 2 of these GTC.
(2) We shall be liable for material defects and/or defects of title of delivered items in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB.
(3) The limitation period for statutory claims for defects is two years and begins with the delivery of the goods.
(4) The seller does not give any guarantees in the legal sense to the customer unless such guarantees have been expressly agreed. In cases in which we issue a seller's warranty for certain items or manufacturer's warranties are granted by the manufacturers of certain items, these shall take precedence over any claims as a result of material defects or defects of title within the meaning of this provision. Details of the scope of such warranties are set out in the terms of the warranty which may accompany the items.

 

§ 9 Revocation

(1) Consumers have a right of withdrawal for distance contracts in accordance with the statutory provisions. Paragraph 2 contains a model withdrawal form that you can use.
(2) We provide the following information on the model withdrawal form in accordance with the statutory provisions:

 

(3) The right of withdrawal does not apply to the following contracts:

  • - Contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer (you) is decisive or which are clearly tailored to the personal needs of the consumer,
  • - Contracts for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,
  • - Contracts for the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature.

 

§ 10 Liability 

(1) In all cases of contractual and non-contractual liability in the event of intent and gross negligence, this shall be determined in accordance with the statutory provisions for compensation for damages or reimbursement of futile expenses. The same applies to our legal representatives and the vicarious agents employed by us.
(2) In cases of simple negligence, we shall only be liable - unless otherwise stipulated in No. 3 of this provision - in the event of a breach of a contractual obligation, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which you as a customer may regularly rely (so-called cardinal obligation), and this shall be limited to compensation for the foreseeable and typical damage. In all other cases, our liability is excluded subject to the provision in section 3 of this provision.
(3) Our liability for damages arising from injury to life, limb or health, under the Product Liability Act and in the event of the assumption of a guarantee shall remain unaffected by the above limitations or exclusions of liability. 

 

§ 11 Copyrights/rights of use

We are entitled to copyrights and rights of use for all images, films and texts published in our online shop. Use of these works is not permitted without the express consent of the copyright holder.

 

§ 12 Final provisions 

(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If at the time of your order you have your habitual residence in a state other than the Federal Republic of Germany, the application of mandatory legal provisions of that state shall remain unaffected by the choice of law made in sentence 1.
(2) The contract shall remain effective in its remaining parts even if individual points are legally ineffective. The invalid points shall be replaced by the statutory provisions, if any. However, insofar as this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall become ineffective.
(3) According to the EU Regulation No. 524/2013 on Online Dispute Resolution in Consumer Matters, since 9 January 2016 there is the possibility for consumers to settle disputes with entrepreneurs in connection with online sales contracts or online service contracts out of court via an online dispute resolution platform (OS platform). This platform was set up by the EU Commission and can be accessed via the following link: http://ec.europa.eu/consumers/odr/. We currently do not participate in such dispute resolution. Should any questions or problems arise with your order, we are of course also available to you in this context at [email protected].