Terms of service
General Terms and Conditions of Icedout.eu established in Amsterdam
1. General
1.1 These general terms and conditions apply to all offers from Icedout.eu. The conditions are accessible to everyone and included on the icedout.nl website. Upon request, we will send you a written copy.
1.2 By placing an order you indicate that you agree with the delivery and payment conditions. Icedout.eu reserves the right to change its delivery and/or payment conditions after the expiry of the term.
1.3 Unless otherwise agreed in writing, the general or specific terms and conditions or stipulations of third parties are not recognized by Icedout.eu.
1.4 Icedout.eu guarantees that the delivered product meets the agreement and meets the specifications stated in the offer.
2. Delivery
2.1 Delivery takes place while stocks last.
2.2 Under the rules of distance selling, Icedout.eu will execute orders within 30 days. If this is not possible (because the ordered item is not in stock or no longer available), or there is a delay for other reasons, or an order cannot be executed or only partially, then the consumer will receive within 1 month after placing the order. order and in that case he has the right to cancel the order without costs and notice of default.
2.3 Icedout.eu's delivery obligation will be met, subject to proof to the contrary, as soon as the goods delivered by Icedout.nl have been offered to the customer. In the case of home delivery, the carrier's report, containing the refusal of acceptance, serves as full proof of the offer of delivery.
2.4 All terms stated on the website are indicative. No rights can therefore be derived from the aforementioned periods.
3. Prices
3.1 Prices will not be increased within the term of the offer, unless legal measures make this necessary or if the manufacturer implements interim price increases.
3.2 All prices on the site are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors.
3.3 All prices on the site are in EURO's and include 21% VAT.
4. Vision period / right of appeal
4.1 In the event of a consumer purchase, in accordance with the Distance Selling Act (Article 7:5 of the Dutch Civil Code), the customer has the right to return (part of) the delivered goods within a period of 14 working days without giving any reason. This period starts at the moment that the ordered goods have been delivered. If the customer has not returned the delivered goods to Icedout.eu after this period, the purchase is a fact. The customer is obliged, before proceeding to return, to notify Icedout.nl in writing within the period of 12 working days after delivery. The customer must prove that the delivered goods have been returned on time, for example by means of proof of postal delivery. The goods must be returned in the original packaging (including accessories and associated documentation) and in new condition. If the goods have been used, encumbered or damaged in any way by the customer, the right to dissolution within the meaning of this paragraph will lapse. With due observance of the provisions of the previous sentence, lcedout.eul will ensure that the full purchase amount excluding the sale and delivery costs is refunded to the customer within 30 days of proper receipt of the return shipment. Returning the delivered goods is entirely at the expense and risk of the customer.
4.2 The right to dissolve, as described in the previous paragraph, only relates to the delivered goods and will in no case relate to services, such as telephone subscriptions from the (mobile) network operators offered by Icedout.eu. The general terms and conditions of the aforementioned network operators will apply to the latter services, where Icedout.nl only acts as an intermediary or agent.
4.3 The right of withdrawal does not apply to:
services of which the execution, with the consent of the consumer, has started before the period of seven working days
goods or services whose price is subject to fluctuations in the financial market, over which the supplier has no influence
goods that are manufactured according to the consumer's specifications, for example custom work, or that have a clearly personal character
for goods or services that cannot be returned due to their nature, for example in connection with hygiene or that can spoil or age quickly
audio and video recordings and computer software of which the consumer has broken the seal
the supply of newspapers and magazines; for the services of betting and lotteries
5. Data management
5.1 If you place an order with Icedout.nl, your details will be included in the customer file of Icedout.nl. Icedout.nl adheres to the Personal Records Act and will not provide your information to third parties. See our Privacy Policy.
5.2 Icedout.nl respects the privacy of the users of the internet site and ensures that your personal data is treated confidentially.
5.3 Icedout.nl makes use of a mailing list in some cases. Each mailing contains instructions to remove yourself from this list.
6. Warranty
6.1 Icedout.nl guarantees that the products it supplies meet the requirements of usability, reliability and lifespan as reasonably intended by the parties to the purchase agreement, and therefore guarantees the manufacturer's warranty of the product delivered to you.
6.2 The warranty period of Icedout.nl corresponds to the factory warranty period. However, Icedout.nl is never responsible for the ultimate suitability of the items for each individual application by the customer, nor for any advice regarding the use or application of the items.
6.3 The customer is obliged to check the delivered goods immediately upon receipt. If it appears that the delivered item is wrong, defective or incomplete, the customer must immediately report these defects in writing to Icedout.nl (before proceeding to return to Icedout.nl. Any defects or incorrectly delivered goods must and can be must be reported in writing to Icedout.nl within a maximum of 2 months after delivery. Return of the goods must be made in the original packaging (including accessories and accompanying documentation) and in new condition. encumbrance and/or resale after a defect has been established, this right to complain and return lapses entirely.
6.4 If complaints from the customer are found to be well-founded by Icedout.nl, Icedout.nl will, at its discretion, replace the delivered goods free of charge or make a written arrangement with the customer about compensation, on the understanding that the liability of Icedout.nl and provided that the amount of compensation is always limited to a maximum of the invoice amount of the relevant items, or (at the option of Icedout.nl) to the maximum amount covered in the relevant case by the liability insurance of Icedout.nl. Any liability of Icedout.nl for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect damage or consequential damage or damage due to lost profit.
6.5 Icedout.nl is not liable for damage caused by intent or equivalent conscious recklessness of non-executive personnel.
6.6 This warranty does not apply if: A) and as long as the customer is in default towards Icedout.nl; B) the customer has repaired and/or processed the delivered goods himself or has had them repaired and/or processed by third parties. C) the delivered goods have been exposed to abnormal conditions or are otherwise handled carelessly or have been treated contrary to the instructions of Icedout.nl and/or instructions for use on the packaging; D) the defectiveness is wholly or partly the result of regulations that the government has made or will make with regard to the nature or quality of the materials used;
7. Offers
7.1 Offers are without obligation, unless stated otherwise in the offer.
7.2 Upon acceptance of a non-binding offer by the buyer, Icedout.nl reserves the right to revoke or deviate from the offer within a period of 3 working days after receipt of that acceptance.
7.3 Verbal promises are only binding on Icedout.nl after they have been expressly confirmed in writing.
7.4 Icedout.nl offers do not automatically apply to repeat orders.
7.5 Icedout.nl cannot be held to its offer if the customer should have understood that the offer, or a part thereof, contained an obvious mistake or clerical error.
7.6 Additions, changes and/or further agreements are only effective if agreed in writing.
8. Agreement
8.1 An agreement between Icedout.nl and a customer is established after an order has been assessed by Icedout.nl for feasibility.
8.2 Icedout.nl reserves the right not to accept orders or assignments without stating reasons or to accept them only on the condition that the shipment takes place cash on delivery or after payment in advance.
9. Pictures and Specifications
9.1 All images; photos, drawings, etc.; Information regarding weights, dimensions, colors, images of labels, etc. on the website of Icedout.nl are only approximate, are indicative and cannot lead to compensation or dissolution of the agreement.
10. Force Majeure
10.1 Icedout.nl is not liable if and insofar as its obligations cannot be fulfilled as a result of force majeure.
10.2 Force majeure is understood to mean any strange cause, as well as any circumstance that should not reasonably be at its risk. Delay or non-performance by our suppliers, Internet disruptions, electricity disruptions, e-mail disruptions and disruptions or changes in technology provided by third parties, transportation difficulties, strikes, government action, delays in supply, negligence of suppliers and/ or manufacturers of Icedout.nl as well as of auxiliary persons, illness of personnel, defects in auxiliary or transport equipment are expressly regarded as force majeure.
10.3 In the event of force majeure, Icedout.nl reserves the right to suspend its obligations and is also entitled to dissolve the agreement in whole or in part, or to demand that the content of the agreement is changed in such a way that execution remains possible. Under no circumstances is Icedout.nl obliged to pay any fine or compensation.
10.4 If Icedout.nl has already partially fulfilled its obligations at the commencement of the force majeure, or can only partially fulfill its obligations, it is entitled to invoice the already delivered or the deliverable part separately and the customer is obliged to pay this invoice as it was a separate contract. However, this does not apply if the already delivered or deliverable part has no independent value.
11. Liability
11.1 Icedout.nl is not liable for damage to objects caused by incorrect use of the products. Before use, read the instructions on the packaging and/or consult our website.
12. Retention of Title
12.1 Ownership of all goods sold and delivered by Icedout.nl to the customer remains with Icedout.nl as long as the customer has not paid the claims of Icedout.nl under the agreement or previous or later similar agreements, as long as the customer has performed or work still to be performed under this or similar agreements and as long as the customer has not yet fulfilled the claims of Icedout.nl due to failure to fulfill such obligations, including claims in respect of fines, interest and costs, a and other as referred to in Section 3:92 of the Dutch Civil Code.
12.2 The goods delivered by Icedout.nl that fall under the retention of title may only be resold in the context of normal business operations and never be used as a means of payment.
12.3 The customer is not authorized to pledge or in any other way encumber the goods subject to retention of title.
12.4 The customer now gives unconditional and irrevocable permission to Icedout.nl or a third party to be appointed by Icedout.nl, in all cases in which Icedout.nl wishes to exercise its property rights, to enter all those places where its properties will then be located. and take those things there.
12.5 If third parties seize the goods delivered subject to retention of title or wish to establish or enforce rights thereon, the customer is obliged to inform Icedout.nl as soon as may reasonably be expected.
12.6 The customer undertakes to insure and keep insured the goods delivered subject to retention of title against fire, explosion and water damage as well as against theft and to make the policy of this insurance available for inspection to Icedout.nl on first request.
13. Applicable law/competent court
13.1 Dutch law applies to all agreements.
13.2 Disputes arising from an agreement between Icedout.nl and the buyer, which cannot be resolved by mutual agreement, will be subject to the competent court within the district, unless Icedout.nl prefers to submit the difference to the competent court of the residence of the buyer, and with the exception of those disputes that fall within the competence of the subdistrict court.