General Terms and Conditions
§1 Subject of the General Terms and Conditions
The following general terms and conditions apply to all business relations between us and the customer (natural persons, no businesses). The version valid at the time of the conclusion of the contract is decisive. Purchase and delivery contracts are based on our General Terms and Conditions. Conflicting or supplementary terms and conditions of the buyer and verbal agreements are only binding for us if we have confirmed them in writing.
§2 Conclusion of contract
The order signed by the purchaser is a binding offer; in the case of orders via the Internet, the dispatch of the order is binding. Orders are limited to a quantity customary in households. We reserve the right to withdraw from the contract in the event of non-availability or partial availability of the contractual service and are released from the obligation to provide the service. In this case, we undertake to inform the buyer immediately and to refund any payments already made without delay.
The conditions for our goods are subject to change and non-binding. Technical as well as other changes in form, colour or weight etc. are reserved within the scope of reasonableness. Illustrations, dimensions and weight specifications in information and advertising documents are non-binding. Misprints, errors and changes are subject to alterations.
In the case of orders placed via the Internet, we are entitled to accept the order within 3 working days of receipt by us. The acceptance of an order by telephone does not constitute a binding acceptance on our part. Incomplete or disputable information in the order, which leads to wrong deliveries, are at the expense of the buyer/orderer.
§3 Retention of title
We reserve the right of ownership of the delivered item until all claims arising from the delivery contract have been paid in full. We are entitled to withdraw from the contract and to demand the return of the goods in the event that the conduct on the part of the customer is in breach of contract, in particular in the event of default of payment.
§4 Prices and payments
The delivery of the article is always against prepayment.
If, by way of exception, other payment agreements have been made with the orderer/customer expressly and in writing (e.g. delivery on account), the following conditions apply: The purchase price must be paid within 8 days after delivery. After expiry of this period, interest on arrears shall be payable at a rate of 5% above the respective base interest rate p.a. We reserve the right to assert higher damages caused by default. In the event that we assert a higher damage caused by delay, the customer shall have the opportunity to prove to us that the damage caused by delay asserted has not been incurred at all or at least to a significantly lower amount.
Partial deliveries are permissible, provided they are reasonable for the customer.
Payment of the purchase price shall be made to the account specified below:
Account holder: ICLETTA GmbH
Name of the bank / Bank name: Volksbank Darmstadt
IBAN: EN 6250890000 0000599808
All handling charges for bank transfers are paid by the sender.
The offered prices are binding and do not include packaging and shipping costs. The statutory value added tax is included in the price.
All prices are subject to change. Payment is made by cash in advance without deduction of discount. Packaging, postage deductions and other reductions to which we have not agreed remain as open items and will be claimed.
By choosing SEPA direct debit as payment method, the customer agrees that ICLETTA GmbH may, in accordance with the notes on data protection, before conclusion of the contract, during the duration of the contract and after termination of the contract, pass on and collect the personal data of the customer / purchaser to the following external credit agency for the purpose of credit assessment
Bürgel Wirtschaftsinformationen GmbH & Co. KG (among others FPP) or on the Internet at www.buergel.de
Furthermore, the customer agrees that ICLETTA GmbH may request information about his person from the aforementioned company Inkasso and obtain it for the purpose of credit assessment.
§5 Delivery times
All goods will be delivered as soon as possible after receipt of money. The information on delivery times is, however, generally non-binding.
Claims for damages due to non-performance or delayed delivery are excluded. The customer may not reject partial deliveries. If the customer is in default of acceptance or if he is guilty of violating other obligations to cooperate, we are entitled to demand compensation for the damage incurred by us as a result, including any additional expenses. We reserve the right to make further claims. For his part, the customer reserves the right to prove that no damage at all or at least considerably less damage has been caused in the amount requested.
§6 Transfer of risk
The risk shall pass to the buyer/orderer when the goods are handed over to the forwarding agent or carrier, but at the latest when they leave our place of dispatch.
Dispatch route and packaging are left to our discretion, without any liability being assumed, except in the case of intent and gross negligence.
Our flat rates for shipping and handling are as follows:
Within Germany: insured, up to 30 kg 6,90 €
Within the EU: insured, up to 30 kg 9,90 €
Switzerland / Norway: insured, up to 30 kg 19,90 €.
Costs for shipping options beyond this and special requests (e.g. express delivery) are at the expense of the buyer and must be agreed with us in advance.
Please check the shipment immediately after receipt. Please have the delivery person sign a receipt for damaged packaging immediately.
§8 Cancellation policy
Right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons. The withdrawal period is fourteen days from the day on which you or a third party designated by you, other than the carrier, took possession of the goods. In order to exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement (e.g. a letter, fax or e-mail sent by post). You can use the attached model revocation form for this purpose, but this is not mandatory. In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.
The timely dispatch of the revocation or the goods is sufficient to comply with the revocation period. The revocation is to be sent to:
By letter: ICLETTA GmbH, Niedergartenweg 22, 64331 Weiterstadt, Germany
By FAX: +49 6150 5922968
By email: firstname.lastname@example.org
Return shipping costs: Buyer bears the direct costs of returning the goods.
Consequences of cancellation
If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (other than any additional charges arising from your choosing a different method of delivery from the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date on which we receive notice of your revocation of this Agreement. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to make any refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. You must return or hand over the goods to us immediately and in any event no later than fourteen days from the date on which you notify us of the cancellation of this agreement. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the fourteen-day period. You shall bear the direct costs of returning the goods.
You shall only be liable for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing their condition, properties and functionality.
The revocation is to be addressed to:
ICLETTA GmbH, Niedergartenweg 22, 64331 Weiterstadt, Germany FAX: +49 6150 5922968, email: email@example.com
I/we hereby revoke the contract concluded by me/us for the purchase of the following goods:
Ordered on /received on
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only in case of communication on paper)
End of the cancellation policy
§9 Notification of defects and warranties
The buyer/ordering party must examine the goods and report any defects in writing immediately, at the latest 8 days after receipt.
Defects of a part of the delivered goods do not entitle the buyer/orderer to complain about the entire delivery. Small customary or technically unavoidable deviations in quality, colour, weight etc. do not justify a complaint notification. The warranty for hidden defects ends at the latest two years after delivery.
(2) Warranty obligations shall not exist if a defect is due to improper use of the object of purchase. (e.g. incorrect installation, incorrect connection or incorrect operation of the object of purchase, over-stressing, improper use, commercial use of the object of purchase) or if the purchaser has not followed the instructions regarding the treatment, maintenance and care of the object of purchase.
(3) Our warranty is limited to rectification of defects, replacement delivery or a reasonable price reduction at our discretion.
During the rectification it is forbidden for the customer to lower the price or withdraw from the contract. In the event of wear and tear, improper repair or modification of the product, a warranty is excluded.
§10 Place of jurisdiction and applicable law
The place of performance for all obligations arising from the contractual relationship is the registered office of our company ICLETTA GmbH, Niedergartenweg 22, 64331 Weiterstadt, Germany the place of jurisdiction is Darmstadt. German law applies exclusively. The invalidity of a single clause (or parts of a clause) of these terms and conditions only invalidates that clause, but not the entire terms and conditions.
§11 EU Online Arbitration Platform
Online dispute resolution according to Art. 14 para. 1 ODR-VO: The European Commission provides a platform for online dispute resolution (OS), which can be found at https://ec.europa.eu/consumers/odr/.