Terms and Conditions

 

§ 1 Scope of Application

(1)  These General Terms and Conditions apply to the use of the sector for entrepreneurs on our website iCrush-onlineshop.de as well as to all contracts concluded via this website between us,

 

iCrush GmbH

Represented by the managing director Liang Yang

Sülzburgstr. 11

50937 Köln

 

+49 (0) 2233 9491839

info@iCrush.de

 

and

you as our customer.

 

(2) All relevant agreements made between you and us within this context, result in particular from these General Terms and Conditions, from our written confirmation of incoming orders (order confirmation) as well as from our written acceptance of the contract (contract confirmation).

(3) Our General Terms and Conditions shall be relevant in the valid version according to the time of the conclusion of the contract. They shall apply exclusively. Any contractual terms and conditions deviating by the customer shall only become part of the contract if we expressly declared our agreement to them in written form. They shall also not be considered to be applicable if we – even with knowledge of these General Terms and Conditions – render our services to the customer without any further reservation.

(4) References to the applicability of statutory provisions shall only have clarifying significance. Even without such clarification the statutory provisions shall therefore apply unless directly amended or expressly excluded in these General Terms and Conditions.

(5) Our service offer at the merchant area is intended exclusively for entrepreneurs in the sense of § 14 of the German Civil Code (BGB), meaning natural or legal persons or partnerships authorized by law which, at the time the contract is concluded, are exercising their commercial or independent professional activities.

(6) You can print and/or save these General Terms and Conditions. For this purpose, this website can be stored via the browser and/or printed immediately.

 

§ 2 Customer account, registration, account deletion, availability of the website

(1) In order to use our service offer it is necessary to register with your personal data on our website iCrush-onlineshop.de and create a customer account or rather log-in into your existing account with your login details.

These operations are free of charge.

To protect your personal data against misuse you must activate your merchant account to ensure a successful registration. Therefore we send an email with an activation link to the email address the registration is based on. The successful creation of your customer account will subsequently be confirmed via email. If the customer account will not be activated within seven days, your personal data will automatically be deleted.

(2) Since our offer only addresses business clients, you furthermore have to provide evidence of your entrepreneurial status. For a final activation of your customer account for purchase orders, send us a corresponding verification for business, for example a business license, to our postal or to our email address referred to in §1.

(3) Claims to the use, technical availability as well as further development of our website shall be excluded. The processing of ongoing orders shall remain unaffected.

(4) You are obliged to provide truthful information and to update your personal data in case of change of the information provided, if you like to use our service offer continuously.

(5) The transmission of your personal data to third parties is not permitted. You are obliged to handle this data confidential and to prevent any unauthorized use by third parties on a reasonable scale.

(6) Every customer may hold only one account. In cases where a customer holds several accounts, we reserve the right to delete all secondary accounts created after the first registration and to exclude the customer from the use of our service offer.

(7) A deletion of the customer account may be carried out by you as well as by us at any time without notice and without stating reasons. For this purpose it is necessary to send a email to info@iCrush.de via the email address the customer account is based on, clearly signaling the will to delete the account. Outstanding legal relationships shall remain unaffected by this. The foregoing particularly applies to orders already taken place as well as to those not yet concluded.

(8) Within the scope of deletion of the customer account, your generated personal data will also be deleted, if you have submitted such a application and insofar as not opposed by any statutory requirement to preserve records, or if the data is no longer essential to fulfilling the purpose for which it has been stored, or if its storage is inadmissible for other legal reasons.  The application shall be submitted to one of the addresses referred to in §1.

 

§ 3 Conclusion of contract, legally relevant declarations

(1) The presentation and advertising of products in our webshop does not represent a legally binding offer for conclusion of a purchase contract in the sense of §433 of the German Civil Code (BGB). The ordered products may differ slightly within reasonable bounds from the products displayed due to the technical limitations of the display, in particular deviation in colour may occur. In such cases we do fulfill our contractual obligations, despite of the deviation, as far as this deviation is reasonable.

(2) By sending an order via the online shop by pressing the button „submit order and pay now“ you give a binding offer which is directed towards the conclusion of a purchase contract.

(3) We shall confirm receipt of your order placed via our online shop without delay by sending an automated email, the order confirmation. Such an email does not represent a binding acceptance of the order itself, but it can be combined with the declaration of acceptance.

(4) We may accept the offer within 14 days. This time limit shall begin the day after submitting your offer and shall end with the expiration of the fourteenth day. The contract may also conclude alternatively by:

  • our contract confirmation
  • sending the ordered products when purchasing on account
  • delivery of the products in exchange for payment in cash

If no acceptance on our part has taken place in due time, you shall no longer be bound to your original offer.

(5) Contracts are concluded in German language.

(6) The text of the contract with the details to your order shall be sent to you via email or paper copy after the conclusion of the contract. We store the text of the contract in accordance with prevailing legislation.

(7) The release of an offer on our website is inadmissible, with the consequence that a contract cannot be concluded if

  • the purchaser is not of legal age or does not possess full legal capacity at the time of the offer being submitted.
  • the purchaser does not act in his capacity as entrepreneur subject to the provisions of §1 act. 5.
  • a billing and/ or delivery address is stored on our website from outside of the EU or from Switzerland.

(8) Legally relevant declarations and notifications of the customer concerning the contract (e.g. notification of defects, time limits, rescission or diminution), must be submitted in writing, meaning in written form or in text form (e.g. email, fax, letter). Statutory provisions remain unaffected hereof. If we have doubts about the legitimation of the declarant we reserve the right to request necessary proofs thereof.

 

 

§ 4 Availability, delivery, collection, transfer of risk

(1) The assessment of availability of the goods remains reserved until the acceptance of the offer. Likewise misapprehensions as well as technically contingent errors remain reserved in regards to specifications of the goods.

(2) Goods can be sent to the customers’ address stored when placing the order, or they can be picked up at our show and office space at Redwitzstrasse 7 d/e in 50937 Cologne (showroom), after prior consultation.

(3) Delivery is carried out ex showroom, which is also where the place of performance for our service obligations is. The dispatch of the goods to another destination (sales shipment) shall be at the expense of the customer. Unless otherwise agreed, we are entitled to define the nature of dispatching, notably the way of packaging, transport company, dispatch route, ourselves.

(4) In the case of sales shipment the delivery time shall be defined by us when accepting the order. If no delivery time is specified, the delivery shall take place within about three weeks as from the conclusion of the contract.

(5) The delivery shall only take place within the European Union and to Switzerland.

(6) The delivery will be made regularly in a signal consignment. Exceptionally, ordered goods may be sent as partial deliveries, as far as reasonable for the customer.

(7) In cases where we cannot comply with the delivery time for reasons we are not responsible for, we will inform the customer thereof without delay. In addition, we will communicate the new delivery time. In the event that the goods are not available within the newly set delivery time, we are entitled to withdraw partially or entirely from the contract. Any payments already made shall be reimbursed without delay, provided that the payment data, notably bank account details, is available to us in written form.

(8) Collection of the goods must take place at our showroom during business hours, possibly also by arrangement. Our regular business hours are: Monday to Friday from 10:00 – 18:00.

(9) The risk of accidental destruction or accidental deterioration of the goods shall be transferred to the customer no later than upon hand-over, with a sales shipment at the time of handing over the goods to the shipping agent, the carrier, or the person or institution otherwise decided on for implementing the delivery.

(10) If the customer defaults on acceptance, this shall be deemed equivalent to hand-over.

 

§ 5 Prices and shipping costs

(1) Prices on our online shop are net and exclusive of the statutory value-added tax as well as, where appropriate, postage and packaging.

(2) The precise amount of shipping costs to be paid depend on the size of the total order and/ or the weight of the product. They may also be found in the details of the ordering process.

(3) Any possible customs duties, fees, taxes and other public charges shall likewise be borne by the customer.

(4) In the event that we carry out your order in partial deliveries according to § 4 act. 6, you shall only be charged for those shipping costs of the first partial delivery. If the partial deliveries are made on your request, additional shipping costs for each partial delivery will be calculated.

 

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

(1) Payment in advance, in cash or on invoice is generally possible.

(2) When paying in advance the payment request will be sent together with the contract confirmation. The amount shall be due after this payment request is transmitted.

(3) New customers shall not have the right to choose the payment method “on account“. Regular customers may be granted this payment method upon request. However, within the scope of an ongoing business relationship we are entitled to implement a delivery entirely or partly only with payment in advance or in cash at any time. An appropriate reservation shall be expressed at the latest with the respective contract confirmation.

(4) In the event that the payment method cash is chosen, the total amount shall be payed in cash upon collection of the goods. The handover of the goods shall only take place when paying on site. If the payment cannot be made, the customer shall not have the claim to collect or carry the goods, neither shall he have the claim of fulfillment of the contract until he has fulfilled his the payment obligation.

(5) Set-off against our claims is only permitted if your counterclaims are established in law or undisputed. Set-off against our claims is also possible when making complaints or counterclaims based on the same purchase contract.

(6) The right of retention can only be exercised if your counterclaim is based on the same purchase contract.

 

§ 7 Reservation of title, rescission, assignment

(1) Up until complete payment of all claims arising from an ongoing business relationship, the delivered goods shall remain our property.

(2) In the event of behaviour contrary to the contract by the customer, in particular if the customer duly fails to comply with payment obligations, false statements concerning the creditworthiness of the customer, or if there is an application for the initiation of insolvency proceedings on the customers’ assets, we are entitled to - if applicable after fixing a time limit - withdraw from the contract and to demand surrender of goods, as long as the customer has not yet or not entirely provided his consideration. Additional legal claims may be made.

(3) Until further notice, the customer is entitled to sell the goods within the framework of his ordinary business.

(4) The customer shall assign all claims to us arising from the resale to a third party, which correspond to the invoice amount. We accept the assignment. The customer shall remain authorized to collect the claim after assignment. In the cases of act. 2 of this regulation, we reserve the right to collect the claim ourselves.

(5) We will, on demand by the customer, release the securities to which we are entitled insofar as the realizable value of our securities exceeds the claims that are to be secured by more than 10%. The selection of the securities to be released is within the scope of our responsibility.

 

§ 8 Defects, inspection and notification duties, notice period, warranty, guarantee

(1) Ordered goods may – within reasonable limits - differ slightly from the goods displayed. Referring to § 3 art. 1(2, 3) of these General Terms and Conditions.

(2) According to the relevant legal regulations, we are liable for quality defects and/or defects of title of delivered goods, in particular §§ 434 et seq. of the German Civil Code (BGB), unless otherwise specified within these General Terms and Conditions.

(3) We shall not be liable for public statements of third parties (e.g. advertising statements).

(4) Warranty claims of the customer presuppose that the customer has fulfilled his obligation to inspect the goods and to make notifications of any defects in accordance with the statutory regulations. You are required to notify us in written form of any obvious defects of the delivered goods within 7 days after receiving the goods. In the case of non-obvious defects, you are also required to notify us in written form within 7 days after having taken note thereof.

(5) The statutory limitation period for warranty claims is one year, calculated from the time the risk was transferred.

(6) We provide no guarantees to our customers in the legal sense, unless this has been explicitly agreed. Due to the fact that we offer a seller’s guarantee for specified articles or that the manufacturers of specified articles offer a manufacturer’s guarantee, these guarantees shall exist in addition to any other claims as a result of quality defects or defects of title within the meaning of this provision. Details as to the scope of such guarantees are to be taken from the terms of the guarantee which are possibly enclosed with the respective articles.

 

§ 9 Liability

(1) In cases of contractual and extra-contractual liability where intent and gross negligence are demonstrated, the liability shall be in accordance with the statutory for damages or compensation for futile expenses. The same shall apply to our legal representatives and vicarious agents.

(2) In cases of minor negligence we shall only be liable for violations of a contractual duty – unless regulated otherwise in art. 3 of this provision – whose fulfillment mainly facilitates the proper performance of the contract and the observance of which you as a customer may regularly rely on (so-called “cardinal duties“), in this event our liability is limited to the foreseeable and typical damage. All further liability is excluded, subject to the regulations in art. 3 of this provision.

(3) Our liability for damages resulting from violation of life, body or health, according to the German Product Liability Act (Produkthaftungsgesetz) for the fraudulent concealment of defects and for the assumption of a warranty, shall remain unaffected from the preceding limitations or exclusions of liability.

 

§ 10 Marketing equipment, conditions for resale, resale price

(1) In cases where you receive displays, jewelry boxes, small jewelry bags, cards, brochures, advertising flyers, et al. (marketing equipment) for the purpose of sale and marketing of our goods, the following regulations shall apply:

(1.1.) Marketing equipment free of charge, like jewelry boxes, small jewelry bags and bracelet-labels may only be passed on in combination with the resale of  iCrush jewelry, as well as free of charge along the supply chain to the end customer.

(1.2.) When using marketing equipment for the presentation of goods, in particular displays, the iCrush product logo must be clearly labeled, fully visible and uncovered.

(1.3.) Marketing equipment must not be used in combination with third party products.

(1.4.) The presentation of iCrush goods must be made unobjectionable, clean and well maintained.

(2) Within the framework of the aforementioned regulations, the use of legally protected intangible property of iCrush, notably trademark rights and copyrights, for the use of promotion and presentation of goods shall be permitted.

(3) Unless a resale price of goods is not explicitly specified by iCrush upon conclusion of the purchase contract, the following recommended retail prices shall apply:

(3.1.) The price for the resale of a single piece corresponds to triple of the respective purchase price for stainless steel and for silver jewelry. Deviations from these recommended retail prices must not be more than 10% downwards. Further deviations shall only be permitted with written consent by iCrush.

(3.2.) Any discounts and other benefits of the respective order remain unconsidered relating to the recommended retail prices.

 

§ 11 Rights, legal violations

(1) We are entitled to the property of copyrights, rights of use and trademark rights regarding all photos, videos, logos and texts published on our website. Usage without explicit consent of the rights holder is prohibited. The usage within the framework of product presentation is permitted in compliance with the conditions mentioned in § 10.

(2) The prosecution of violations of provisions defined in § 10 as well as those of legislation on the protection of intellectual property, like e.g. trademark law and competition law, is reserved to iCrush.

(3) In the event of an infringement of these General Terms and Conditions and in the event of legal violation, iCrush additionally reserves the right to exclude a customer from the online shop and to block or delete the customer account in question.

 

§ 12 Final provisions

(1) The law of the Federal Republic of Germany shall apply with the exclusion of the United Nations Convention on the International sale of goods.

(2) The exclusive - and international - place of jurisdiction for all disputes arising directly or indirectly from the contractual relationships is our registered office in Cologne. Primary statutory regulations, notably such concerning exclusive competences, shall remain unaffected hereof.

(3) The legal invalidity of one or more provisions of this contract shall in no way affect the validity of the remaining provisions. Instead of the invalid provisions legal regulations shall apply, where available. This shall not apply, if continued adherence to the contract would constitute unreasonable hardship on one of the contractual parties. In this case the entire contract shall become invalid.