Terms and Conditions
General Terms and Conditions
- Scope
The following general terms and conditions apply to all orders placed via our web shop by consumers and entrepreneurs.
A consumer is any natural person who concludes a legal transaction for purposes that cannot be attributed predominantly to their commercial or independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they will only become part of the contract if we have expressly agreed to this.
- Contractual partners, conclusion of contract, correction options
The purchase contract is concluded with Frozen Power Gmbh & Co. KG.
By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the ordering process. The contract is concluded when you accept the offer for the goods in the shopping cart by clicking on the order button. Immediately after submitting the order, you will receive another confirmation by email.
- Contract language, contract text storage
The language available for concluding the contract is German.
- Delivery conditions
In addition to the stated product prices, shipping costs may apply. You can find more detailed information on any shipping costs that may apply under "Shipping".
We only deliver by post. Unfortunately, it is not possible to collect the goods yourself.
- pay
Without exception, the payment methods offered in the shop are available.
Please note that additional costs will be incurred if payment is delayed due to our fault. In addition, we are entitled to charge reminder fees for each reminder if payment is delayed due to our fault, provided that these are necessary for appropriate legal action and are in reasonable proportion to the amount being demanded.
- Right of withdrawal
Consumers have the statutory right to cancel as described in the cancellation policy. Businesses are not granted a voluntary right of cancellation.
- Retention of title
The goods remain our property until full payment has been made.
The following also applies to entrepreneurs: We retain title to the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale in the amount of the invoice amount - regardless of whether the reserved goods are combined or mixed with a new item - and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.
- Transport damage/damaged goods
The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such errors immediately to the delivery company (DPD) and contact us immediately. Failure to complain or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you will help us to assert our own claims against the freight carrier or transport insurance.
If you have a complaint about damaged goods, please send photos of the goods so that we can start a complaint.
- Warranty and guarantees
Unless expressly agreed otherwise below, the statutory liability for defects applies. If the delivered item is defective, we will initially provide a warranty to entrepreneurs at our discretion by eliminating the defect (repair) or by delivering a defect-free item (replacement delivery).
The above restrictions and shortening of time limits do not apply to claims based on damages caused by us, our legal representatives or vicarious agents
- in case of injury to life, body or health
- in the event of intentional or grossly negligent breach of duty or malice
- in the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations)
- within the framework of a guarantee promise, if agreed, or
- insofar as the scope of application of the Product Liability Act is open.
Information on any additional guarantees that may apply and their exact terms and conditions can be found on the product itself and on special information pages in the online store.
Customer service: You can reach us for questions, complaints and objections by email at: office@frozenpower.com
- Liability
We are always liable without limitation for claims based on damages caused by us, our legal representatives or vicarious agents.
- in case of injury to life, body or health
- in the event of intentional or grossly negligent breach of duty
- in the case of guarantee promises, if agreed, or
- insofar as the scope of application of the Product Liability Act is open.
In the event of a breach of essential contractual obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, the liability is limited to the amount of damage foreseeable at the time the contract was concluded, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.
- Dispute resolution
The European Commission provides a platform for online dispute resolution (ODR), which you can find here. We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
- Final provisions
If you are a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between you and us is our place of business (LG Korneuburg).