General ordering terms in IcebergFins.com e-shop

As of January 10th, 2020

1. Scope and validity of the terms and conditions

1.1 These general terms and conditions and ordering terms and conditions (hereafter the Conditions) of e-store of IcebergFins.com (hereafter the Seller) shall be valid for all parties (hereinafter the Purchaser) who use the online store at www.icebergfins.com (hereinafter the e-Store), order goods and services (hereinafter the Goods) in the e-Store by entering into a contract of purchase and sale (hereinafter the Sales Contract) in order to purchase Goods in the e-Store.

By accepting these Conditions, the Purchaser confirms that they have read the terms of the Sales Contract, agree to them and will follow them.

2. Purchasing Goods and placing orders in the e-Store

2.1 It is possible to purchase those Goods in the e-Store that have an ‘Add to the cart’ link. The price and availability of the Goods may change at any time and without prior notice. If the Purchaser has placed their order before the price of the Goods changes, the price valid at the time of the order shall apply.

2.2 The Seller has the right to withdraw from a Sales Contract entered into via the e-Store and not to hand over the Goods or not to provide the Service ordered in the following events: the Goods are out of stock, the Goods have an ‘On order’ status in the e-Store (the Goods are out of stock) or the price or qualities of the Goods have been displayed in the e-Store incorrectly due a system error.

2.3 Shopping cart and placement of orders

You may change the quantity of the Goods in your shopping cart. In the shopping cart, you can also select products and services that complement the Goods you have chosen by clicking on ‘Display complementary products’. Select a suitable delivery option for your order. More information on the delivery option will be asked later on the ‘Placement of Orders’ page. Please read the purchasing conditions of the e-Store and if you agree to these, please confirm this by ticking a box in front of the Conditions.

Please confirm your order by clicking on the ‘Place the order’ button and you will be directed to the payment options page. Select a suitable payment option. You can also change the payment option in the final stage of ordering. Enter the information on the Customer/Purchaser, and you are also welcome to register as a loyal customer of IcebergFins.com. Please select the delivery option and click on the ‘Continue’ button. Now you will see payment options again and in order to confirm your order and to make your purchase, you have to make a final selection. Select the option of payment and pay for your purchase. Please be very careful in placing your order, as this is very critical for the quick and uninterrupted delivery of the products ordered.

A Sales Contract is deemed as entered into from the receipt of the amount payable according to the confirmation of the order to the bank account of IcebergFins.com or after the contract for payment by instalments has been signed. The Seller shall not process order confirmations that have not been paid for.

2.4 Payment for the Goods

You can pay for the products: via Paypal.

You can pay with a gift card or a credit card by clicking on the corresponding payment option and by following the instructions displayed.

After the payment, the e-Store will send you an Order Confirmation and an invoice.

All the personal data disclosed in the course of visiting the IcebergFins.com e-Store and making purchases shall be treated as confidential information. The encrypted data communications line with banks ensures the security of the personal data and bank account information of the Purchaser. The representatives of IcebergFins.com do not have any access to the respective encrypted data.

2.5 Delivery and handover of products

The Goods will be delivered to the delivery address entered by the Purchaser in their order. The Purchaser will be notified of the delivery by using the contact data indicated upon placing the order. Goods ordered will be transported in accordance with the terms and conditions of transport valid at the moment of placing the order.

Please make sure that the contact data entered when placing an order are correct in order to prevent delays and misunderstandings in the delivery of the Goods. IcebergFins.com and a courier company do not assume any liability for the delayed delivery and misunderstandings if these have been caused by the inaccuracy or incorrectness of the data that you submitted during placing your order.

The Goods shall only be handed over to the Purchaser and against a delivery bill. Before signing the delivery bill, please check the packaging of the Goods carefully and if the packaging has been damaged, write a comment on the delivery bill. If the packaging has been damaged, you may refuse to accept the delivery and/or immediately inform the client service of IcebergFins.com thereof by sending an e-mail to info@icebergfins.com.

The Goods shall be handed over to a third person, if they have a letter of authorisation (including in the event that the Purchaser has indicated a third person in their order as the recipient of the Goods). The Seller may authorise third persons (including use a courier service) to deliver the Goods

If the Purchaser fails to collect the Goods no later than within 14 (fourteen) days from the agreed date of receipt of the Goods, it shall be deemed that the Purchaser has violated the Sales Contract and they do not want the Goods. The Seller has the right to unilaterally withdraw from the Sales Contract and request compensation for the damage (e.g. costs of storage of the Goods) and settle the damage incurred by the Seller by the amount of money prepaid by the Purchaser.

2.6 Cancellation of the Sales Contract

You are entitled to cancel your order without any extra costs after having paid for it, but before the delivery of the Goods. In order to cancel the Sales Contract/Order, please send a corresponding notice and the number of the Sales Contract by e-mail to info@icebergfins.com. We will send you a confirmation on the cancellation of the Sales Contract.

3. Principles of data protection and processing

3.1 The Seller shall ensure the protection of the Purchaser’s data, including their personal data, and the use of the data in line with the procedure prescribed by the terms of the Privacy Policy. The Purchaser confirms that they have read and agree to the terms of the Privacy Policy. Subject to applicable legislation and the provisions of the Privacy Policy, the Purchaser shall have the right to process data (including personal data) without the consent of the Purchaser to the extent necessary for the use in the e-Store, the performance of the Sales Contract or for ensuring the performance of the Sales Contract. Based on the above, the Seller is, without the Purchaser’s separate consent, also entitled to: send the Purchaser notices related to the use of the services in the e-Store, including such notices that are in the interests of the security of the e-Store users; to store the data on the orders of the Purchasers who have logged in the e-Store for the purpose of their better service and the verification of transactions, including, within reasonable time limits, the data on the orders that the Purchaser did not place during a session.

3.2 If the Purchaser has granted their consent for the use of their data for marketing purposes either by the entry into a Customer Contract or by any other declaration of intention (e.g. in self-service) that confirms their consent, the Seller shall use these data subject to the terms and purposes set forth in the Privacy Policy, including for sending personal direct marketing, campaign and discount offers for goods and services to the Purchaser electronically (e.g. by e-mail or text messages).

3.3 The Purchaser is entitled to withdraw their consent for the use of their data for marketing purposes at any time by sending a corresponding e-mail to the Seller, or to decline further direct marketing offers by following the instructions in a direct marketing offer sent to their e-mail address.

4. Liability and dispute resolution

4.1 The Purchaser is entitled to file complaints with the Seller with regard to non-conforming (defective) Goods over a period of one (1) year from the date of their handover. A complaint has to be filed without delay but no later than within two (2) months from detecting a defect of the Goods. Upon detecting a defect, the Purchaser has to take reasonable measures for the preservation and protection of the Goods, including not to use the defective Goods if this would further deteriorate the condition of the Goods.

4.2 If the Goods do not conform to the terms and conditions of the Contract, the Purchaser may exercise the legal remedies provided for in law, including to request the repair or replacement of the Goods or to withdraw from the Sales Contract and to return the non-conforming Goods.

4.3 IcebergFins.com shall not be liable for the following: for the deterioration of/damage to the Goods by the fault of the Purchaser, for the defects caused by the irregular use of the Goods and for the normal wear and tear resulting from the regular use of the Goods.

4.4 If the Seller or the manufacturer has granted warranty against defects to the Goods, the warranty conditions in written form shall be delivered to the Purchaser along with the Goods and/or shall be made electronically available in the e-Store.

4.5 The Purchaser has to keep the purchase documents (invoice, contract, etc.) that verify the purchase of the Goods from the Seller’s e-Store for the resolution of possible later problems. The Seller/customer service assistant has the right not to resolve the problem if a purchase document is missing.

4.6 A complaint has to be filed along with the defective Goods. The Seller and the Purchaser shall enter into a device maintenance and repair contract if the Goods need to be sent to a diagnostics centre or to experts for the identification of the nature and cause of the defect.

4.7 The Seller shall ensure that the Goods sold in the e-Store conform to the standards effective in the European Union. The circumstances highlighted in these standards shall not be deemed as defects of the Goods.

5. Other provisions

5.1 The images of products have illustrative purpose.

5.2 The prices and availability of the Goods may change without advance notice. In connection with the former, IcebergFins.com reserves the right to cancel the sales transaction and to refund the money to the Customer’s bank account within a reasonable time.

5.3 The e-Store of IcebergFins.com reserves the right to cancel the sales transaction if one of the following Goods-related problems has occurred: human error in entering the price or technical error in the system (e.g. if a Goods worth EUR 700 is sold for EUR 70, this is an obvious error. And therefore we assume that the Purchaser would understand that this is an error and the product will not be sold at that price).

5.4 Product information is verified and updated on a regular basis. It may happen that the data have been updated after your last visit. As manufacturer’s data sheets can be incomplete, the product information at IcebergFins.com e-Store might be inaccurate. In this event, IcebergFins.com e-Store does not assume any liability for the correctness of the product data.

6. Validity of the Terms

6.1 These Seller’s e-Store Terms shall be valid as of January 10th, 2020.