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General Terms and Conditions (GTC)
- 1 Scope of application
(1) These General Terms and Conditions (GTC) apply to the use of the area for Consumer on our website www.icrush.de as well as to all contracts concluded via these between us, the
Represented by the Managing Director Lei Zhang
+49 (0) 2233 94918 43
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 unless they are directly amended or expressly excluded in these GTC.
(6) Our range of services in the consumer area 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. In addition, the GTC can be downloaded from our website as a pdf. file.
(8) Your orders via our online shop will be processed within the framework of automated order processing. In principle, you will be informed about the order processing by e-mail. Therefore, please ensure that the e-mail address you provide in the ordering process for order processing is correct and that the receipt of our e-mails or those of third parties commissioned with order processing is guaranteed. This applies in particular if you use SPAM filters.
- 2 Customer account, registration, account deletion
(1) An order is possible with or without prior registration.
(2) Registration on our icrush.co.uk website, 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 changes to your personal data, to make the 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 with priority 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 shall remain unaffected by the deletion. This applies in particular to orders that have already been placed and have not yet been completed.
(8) As part of the deletion of 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 items in our online shop does not constitute a legally binding offer to conclude a purchase contract, but serve to submit a binding offer by the customer.
(2) The customer can place the items selected by him in the virtual shopping basket on the product page. As part of the check-out process, the customer is then prompted to provide the information required for the order via the online order form integrated in the online shop. Alternatively, by clicking on the "Pay-Pal" ("Express") or "SEPA Direct Debit" buttons, the customer can implement his payment data deposited with the payment service provider PayPal into our order process via the latter. By clicking the button "order subject to payment", the customer submits a legally binding contractual offer with regard to the selected goods.
(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. When the contract with us comes into effect depends on the payment method you have chosen:
- Purchase on account
In the case of purchase on account, the contract is concluded either when you receive our written declaration of acceptance by e-mail ("order confirmation") or by sending the ordered goods, whereby the time of receipt of the goods is decisive. If both alternatives exist, the contract shall be concluded at the time at which one of the aforementioned alternatives occurs first.
- Prepayment by bank transfer
With this payment method, we accept your order by sending an order confirmation in a separate e-mail, whereby the receipt of the order confirmation by you is decisive. In this e-mail we will also inform you of our account details for the bank transfer.
- Prepayment by credit card
When purchasing by credit card, you provide us with the required credit card details as part of the ordering process. After your legitimation as a legitimate cardholder, we will request your credit card company to initiate the payment transaction. The contract with us is concluded at the time your credit card is charged or we send our order confirmation to you, whereby the receipt of the order confirmation is decisive. If both alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first.
- Prepayment via PayPal
With this payment option, you will be redirected to the website of the payment service provider PayPal, where you confirm the payment instruction with PayPal. The contract with us is concluded with this confirmation.
- Prepayment via PayPal ("Express")
When purchasing via PayPal "Express", you will be redirected to the website of the payment service provider PayPal during the ordering process. There you can enter your payment details and confirm the payment instruction to PayPal. You will then be redirected back to our website. After placing the order in the shop, we request PayPal to initiate the payment transaction and thereby accept your offer.
(5) The text of the contract with the details of your order and 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. If you have created a customer account before placing your order, you will be able to view details of your order. We would like to point out that without a customer account it is not possible to retrieve the text of the contract from the website.
(6) The contract is 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, such as when ordered by a dealer;
- 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 or Austria is specified in the ordering process;
(8) Before you place your order on our website, you can check it for possible input errors by reading it carefully and correct your personal details, the billing and delivery address and the selected payment method if necessary. The correction of the entries is possible until the completion of the order process (clicking the button "order subject to payment").
(9) Due to the technical possibilities of presentation, the ordered items may deviate slightly from the goods shown within the bounds of what is reasonable, in particular there may be deviations in colour.
- 4 Delivery / Delivery restrictions, availability
(1) The following delivery restrictions apply to orders placed via our online shop: We only deliver to customers who have their habitual residence (billing address) in Germany or Austria and can provide a delivery address in the same country.
(2) The availability of the goods is based on the information in the respective product description, whereby we reserve the right to make technical errors in the information.
(3) The goods will be dispatched by post to the delivery address that you have permissibly specified in the order processing.
(4) Information on delivery times can be found at https://icrush.de/versand_rueckversand. The delivery time for deliveries within Germany (mainland) is approx. 2-3 working days. The delivery time for deliveries to Austria is approx. 3-5 working days. The delivery period for payment in advance begins on the day after the payment order is issued to the remitting bank or, for other payment methods, on the day after the contract is concluded and ends with the expiry of the last day of the period. If the last day of the period falls on a Sunday or a public holiday recognised by the state at the place of delivery, the next working day shall take the place of such a day.
(5) Delivery is regularly made in one consignment. If your order contains goods with different delivery times, we will combine the goods in a joint consignment unless we have reached a different agreement with you. In the case of a joint shipment, the delivery time is determined by the goods with the longest delivery time. In exceptional cases, we may send the ordered goods in partial shipments, insofar as this is reasonable for you.
(6) The shipping risk shall be borne by 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) As soon as your order has been packed and dispatched, we will send you an e-mail confirmation of dispatch with the delivery information. You will be able to see the delivery date for the goods that have been completed and dispatched by entering the respective tracking numbers, which we will then inform you of, on the website of the respective supplier.
(9) If the transport company returns the dispatched goods to the seller in the event that delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful dispatch. This does not apply if the customer effectively exercises his right of withdrawal, if he is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the offered goods, unless the seller had given him reasonable prior notice of the delivery of the goods.
- 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 do not charge shipping costs for delivery within Germany. For delivery to Austria, we charge a flat-rate shipping fee of € 4.50 for orders under € 75; orders with an order value over € 75 are free of shipping costs. If shipping costs are incurred, they will be displayed in our order form. These are to be borne by you unless you exercise your right of cancellation.
(3) If we fulfil your order by partial deliveries in accordance with § 4 No. 5 S. 2, you will only incur shipping costs for the first partial delivery, insofar as these are incurred. If the partial deliveries are made at your request, we will charge the shipping costs separately for each partial delivery, if these are incurred.
- 7 Terms of payment, set-off and right of retention
(1) Payment can be made via PayPal, prepayment by bank transfer, credit card purchase or, in the case of a purchase on account, via the payment service provider Klarna. The payment of the purchase price and the shipping costs are due immediately upon conclusion of the contract with the exception of purchase on account. In this case, the due date shall be determined in accordance with Clause 5 of this provision.
(2) If you choose payment in advance by bank transfer, we will inform you of our account details in the order confirmation and will dispatch the goods to you after receipt of payment.
(4) Alternatively, you can select the payment option "purchase on account", which we offer via the payment service provider Klarna AB ("Klarna"), Sveavägen 46, Stockholm, Sweden. Klarna is responsible for processing the payment transaction when you select the "purchase on account" payment option. Therefore, please note that the payment of the purchase price for your order must be made directly to Klarna. After receipt of the goods, the purchase price must be paid directly to Klarna within a payment period of 14 days. The complete terms and conditions for purchase on account can be found here (https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/invoice?fee=0).
(5) A set-off 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 No. 9 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. The statutory warranty rights shall apply.
(3) 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 arising from material defects and/or defects of title within the meaning of this provision. Details of the scope of such warranties are set out in the terms and conditions of the warranty which may accompany the relevant items.
- 9 Revocation
Consumers have a right of withdrawal in accordance with the statutory provisions for distance contracts - in Austrian law the term "right of withdrawal" is used. Under this Link you will find details of your right of withdrawal as well as a model withdrawal form that you can use.
- 10 Redemption of gift vouchers
(1) You can purchase gift vouchers via our online shop, which can be redeemed for purchases in our online shop as well as in our retail shops. We reserve the right to check the authenticity of the vouchers upon redemption.
(2) These Gift Vouchers and remaining balances of corresponding Gift Vouchers are redeemable until the end of the third year after the end of the year in which the Gift Voucher was purchased (in F.F.: "Expiry Date"). Remaining credits will be credited to you until the expiry date.
(3) When ordering via our online shop, gift vouchers can only be redeemed at the appropriate point before the order process is completed. It is not possible to redeem a gift voucher after pressing the button "order with obligation to pay".
(4) Only one gift voucher can be redeemed per order.
(5) Gift vouchers can only be used for the purchase of goods. They cannot be used for the purchase of other gift vouchers.
(6) In the event that the value of goods of an order exceeds the (remaining) credit of the gift voucher, you can choose one of the payment methods offered by us for the payment of the difference.
(7) The credit balance of a gift voucher is neither paid out in cash nor does it earn interest.
(8) The gift voucher is transferable. The Seller may make payment with discharging effect to the respective holder redeeming the gift voucher in the Seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the ineligibility, legal incapacity or lack of representative authority of the respective holder.
- 11 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 damages or compensation for 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 - insofar as not otherwise regulated in No. 3 of this provision - in the event of a breach of a contractual obligation, the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which you as the 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.
- 12 Copyright/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.
- 13 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 p. 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 questions or problems arise with your order, we are of course also available for you in this context at [email protected]