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General Terms and Conditions (GTC) of Frozen Eats FEB UG (haftungsbeschränkt)
Table of Contents:
I. General Terms and Conditions for Consumers
II. General Terms and Conditions for Business Customers
III. General Terms and Conditions for the Redemption of Vouchers
I. General Terms and Conditions ("GTC") for Consumers
1. Scope of Application
(1) The following GTC apply to all orders placed by consumers via our online shop (frozeneats.com).
(2) For orders placed by entrepreneurs, the GTC for Entrepreneurs (see II. below) shall apply exclusively.
(3) A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity.1
(4) 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.2 With regard to entrepreneurs, the3 following applies: If the entrepreneur uses conflicting or supplementary General Terms and Conditions, their validity is hereby contradicted; they4 shall only become part of the contract if we have expressly agreed to them.
2. Contracting Party, Conclusion of Contract,5 Correction Options
(1) The purchase contract is concluded with Frozen Eats FEB UG (haftungsbeschränkt), Brandenburgische Straße 23, 10707 Berlin, registered in the Commercial Register of the Local Court (Amtsgericht) Charlottenburg under HRB 274599 B (hereinafter referred to as "we" or "Frozen Eats").
(2) The presentation of products in our online shop does not constitute a legally binding offer, but rather an invitation to6 submit an offer (order).
(3) By clicking the "Order with obligation to pay" button in the final step of the ordering process, you submit a binding offer to purchase the products displayed in the order overview. Immediately after submitting7 the order, you will receive an order confirmation, which, however, does not8 yet constitute acceptance of your contractual offer. A contract between you and us is concluded as soon as we accept your order9 by means of a separate email or dispatch the goods10 or make them available for collection. Please regularly check the SPAM folder of your email inbox.
3. Technical Steps and Correction of Input Errors
(1) As part of the ordering process, you first place the desired products in the shopping cart. There you can change the desired quantity at any time or remove selected products completely. If you have placed products there, clicking on the11 "Proceed to checkout" button will first take you to a page where you can enter your data and then select the shipping and payment method. Finally, an overview page12 will open where you can check your details. You can correct your input errors (e.g., regarding payment method, data, or the desired quantity) by13 making an entry in the respective field or by returning to the previous step. If you wish to cancel the ordering process completely, you can also simply close your browser window. Otherwise, after clicking14 the confirmation button "Order with obligation to pay", your declaration becomes binding.15
4. Contract Language, Contract Text Storage
(1) The language available for the conclusion of the contract is German. We save the contract text and send you the order data16 and our GTC in text form. For security reasons, the contract text is no longer accessible17 via the internet after the order has been completed.
5. Delivery Conditions
(1) In addition to the stated product prices, which include the applicable statutory value-added tax, shipping costs may also apply. You can find more detailed information on any applicable shipping costs with the offers and during the ordering process.
(2) We deliver via DHL to the delivery address you specify. Alternatively, self-collection of the goods is possible at our business premises at Brandenburgische Straße 23, 10707 Berlin, during the stated business hours.
(3) All returns are also to be sent to the address: Berlin, Brandenburgische Straße 23.
6. Subscription Orders
(1) Frozen Eats does not currently offer products on a subscription basis.
7. Payment
(1) The following payment methods are generally available in our shop:
* Credit Card (via Stripe): You enter your credit card details during the ordering process. Your card will be charged immediately after placing the order.18
* Klarna (via Stripe): You can also use the payment services offered by Klarna via our payment service provider Stripe.
* SEPA Direct Debit (via Stripe): Payment by SEPA direct debit is also possible via Stripe.
* PayPal: To be able to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, legitimise19 yourself with your access data and confirm the payment20 instruction. The payment transaction is carried out by PayPal immediately after the order is placed. You will receive further information during the ordering process.21
* Cash payment upon self-collection: If you choose self-collection, you can pay for the goods in cash directly upon collection at our shop at Brandenburgische Straße 23, 10707 Berlin.
8. Retention of Title
(1) The goods remain our property until full payment has been made.
9. Right of Withdrawal
(1) You are entitled to the statutory right of withdrawal as described in the separate withdrawal policy (available on our website).
10. Transport Damage
(1) If goods are delivered with obvious transport damage, please complain about such defects to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or contact22 us has no consequences for your statutory claims and their enforcement, in particular your warranty rights. However, you help us to23 be able to assert our own claims against the carrier or the transport insurance.24
11. Warranty and Guarantees
(1) Unless expressly agreed otherwise below, the statutory liability for defects shall apply. Information on any applicable additional guarantees and their precise conditions can be found with the product and on special information pages in the25 online shop.
(2) Customer Service: You can reach our customer service for questions, complaints, and objections by email at info@frozeneats.de or by phone at +49 178 7411490.
12. Liability
(1) We are liable for intent and gross negligence. Furthermore, we are liable for the negligent breach of obligations, the fulfilment26 of which makes the proper execution of the contract possible in the first place, the breach of27 which jeopardises the achievement of the purpose of the contract and28 on the observance of which you as a customer may regularly rely. In the latter case, however, we shall only be liable for the foreseeable, contract-typical damage.29 The same applies to breaches of duty by our vicarious agents.
(2) The above exclusions of liability shall not apply in the event of injury to life, limb or health. Liability under the Product Liability Act remains unaffected.30
13. Dispute Resolution
(1) The European Commission provides a platform for online dispute resolution (OS), which you can find here:31 https://ec.europa.eu/consumers/odr/.32 We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
14. Youth Protection
(1) By placing your order, you confirm that you have reached the minimum age legally required for concluding purchase contracts. You are obliged to provide truthful information.
(2) Frozen Eats does not sell products that are subject to age restrictions (e.g., alcohol).
15. Reviews
(1) By providing your review via our website (frozeneats.com), our social media channels (e.g., Instagram), or via services and applications of others, you grant Frozen Eats FEB UG (haftungsbeschränkt) (a) the non-exclusive, royalty-free, perpetual, transferable, irrevocable, and sublicensable right to use, reproduce, publish, publicly distribute, and translate this content worldwide in all currently known and future media; and (b) the right to use the name/trade name you provided in connection with this content.
(2) You acknowledge that Frozen Eats may use your content for advertising purposes, stating the name you used for the review or anonymously. You acknowledge and agree that your content is not confidential and not proprietary. You confirm that you are the owner of your content.
(3) You expressly agree not to upload or transmit any of the following content to the services, or to post, distribute, store, create or otherwise publish it via them: Content that is false, illegal, misleading, defamatory, etc., or violates applicable law.
(4) We reserve the right to remove content without notice if we believe in good faith that it violates this agreement, in order to protect the rights33 of Frozen Eats and/or all users of our websites and channels. If you do not agree with the removal of your content, you can contact Frozen Eats and state your objections.
(5) You are entitled to subsequently change or delete your content in compliance with this agreement.
II. General Terms and Conditions for Business Customers
1. Scope of Application
(1) All deliveries, services, and offers of Frozen Eats FEB UG (haftungsbeschränkt) (hereinafter "Seller") shall be made exclusively on the basis of these General Terms and Conditions (GTC). These form part of all contracts that the Seller concludes with its contractual partners (hereinafter also "Buyer") for the deliveries or services offered by it. They shall also apply to all future deliveries, services, or offers to34 the Buyer, even if they are not separately agreed again.35
(2) These GTC apply exclusively to entrepreneurs within the meaning of § 14 BGB (German Civil Code) or if the Buyer is a legal entity under public law or a special fund under public law.
(3) Terms and conditions of the Buyer or third parties shall not apply, even if the Seller does not separately object to their validity in individual cases.36 Even if the Seller refers to a letter that contains or refers to terms and conditions of the Buyer or a third party, this37 does not constitute an agreement to the validity of those terms and conditions.
2. Offer and Conclusion of Contract
(1) All offers made by the Seller are subject to change and non-binding, unless they are expressly marked as binding or contain a specific acceptance period.38
(2) The Buyer's order for goods shall be deemed a binding contractual offer. Unless otherwise stated in the order, the Seller may accept this contractual offer within fourteen (14) days of receipt.
(3) The legal relationship between the Seller and the Buyer shall be governed exclusively by the purchase contract concluded in writing or text form (e.g., email), including these GTC. This fully reflects all agreements between the contracting parties regarding the subject matter of the contract. Verbal promises made by the Seller prior to the conclusion of this contract39 are legally non-binding, and verbal agreements between the contracting parties shall be replaced40 by the written contract or the contract in text form, unless expressly agreed otherwise between the contracting parties in each41 case.
(4) Amendments and modifications to the agreements made, including these GTC, must be in text form to be effective. With the exception of managing directors (Irina Rybak, Inna Zaderii) or authorised signatories (Prokuristen), the Seller's employees are not entitled to make verbal agreements that deviate from the written agreement. Telecommunicative42 transmission, in particular by email, shall suffice to meet the text form requirement.
(5) Information provided by the Seller regarding the subject matter of the delivery or service (e.g., weights, dimensions) is only approximate unless usability for the contractually intended purpose requires exact conformity. They are not guaranteed characteristics, but descriptions or43 identifications of the delivery or service.44 Customary deviations and deviations that occur due to legal regulations or represent technical improvements are permissible insofar as they do not45 impair usability for the contractually intended purpose.
(6) Each order placed by the Buyer constitutes a one-off and self-contained transaction. The acceptance of an order by the Seller does not establish a continuing obligation. Each order shall be treated independently of previous or future orders, unless expressly agreed otherwise in writing. The Seller is not obliged to accept or fulfil further orders from the same Buyer after fulfilling an order. Likewise, the Buyer is under no obligation to place further orders with the Seller after an order.
3. Prices and Payment
(1) The prices apply to the scope of services and delivery listed in the order confirmations. Additional or special services will be charged separately.46 The prices are in EUR ex business premises Brandenburgische Straße 23, 10707 Berlin, excluding shipping costs, including packaging and statutory value-added tax. For export deliveries, customs duties, fees, and other public charges will be handled separately.
(2) If the agreed prices are based on the Seller's list prices and delivery is to take place more than four months after conclusion of the contract, the Seller's list prices valid at the47 time of delivery shall apply (in each case less an agreed percentage or fixed discount).48
(3) Invoice amounts are to be paid within thirty days without any deduction, unless otherwise agreed in writing. The date of receipt by the Seller shall be decisive for the date of payment.49
(4) The Buyer shall be in default upon expiry of the aforementioned payment period. During the period of default, the purchase price shall be subject to interest at the applicable statutory default interest rate.50 The Seller reserves the right to assert further damages caused by default. The claim to the commercial due date interest (§ 353 HGB - German Commercial Code) against merchants remains unaffected.
(5) Set-off against counterclaims of the Buyer or retention of payments due to such claims is only permissible insofar as the counterclaims are undisputed or have been legally established or arise51 from the same order under which the delivery in question52 was made.
(6) The Seller is entitled to execute or render outstanding deliveries or services only against advance payment or provision of security if, after conclusion of the contract,53 circumstances become known to54 it which are suitable to significantly reduce the creditworthiness of the Buyer and through which the payment of the Seller's outstanding claims55 by the Buyer from the respective contractual relationship (including from other individual orders to which the same framework agreement applies)56 is endangered.
4. Delivery and Delivery Time
(1) Deliveries shall be made ex business premises Brandenburgische Straße 23, 10707 Berlin, unless otherwise agreed.
(2) Deadlines and dates for deliveries and services promised by the Seller are always only approximate, unless a fixed deadline or a fixed date has been expressly promised or agreed. If57 dispatch has been agreed, delivery deadlines and delivery dates, unless expressly stated otherwise by us, refer to the time58 of handover to the forwarding agent (e.g., DHL), carrier or other third party commissioned with the transport.
(3) The Seller may – without prejudice to its rights arising from the Buyer's default – demand from the Buyer an extension of delivery and service periods or a postponement of delivery and service dates by the period59 by which the Buyer fails to meet its contractual obligations to the Seller.
(4) The Seller shall not be liable for impossibility of delivery or for delays in delivery insofar as these are caused by force majeure or other events unforeseeable at the time of conclusion of the contract (e.g.,60 operational disruptions of all kinds, difficulties in procuring materials or energy, transport delays, strikes, lawful lockouts,61 shortage of labour, energy or raw materials, difficulties in obtaining necessary official permits, pandemics or epidemics,62 official measures or the failure of suppliers to deliver, to deliver correctly or on time despite a congruent63 covering transaction concluded by the Seller) for which the Seller is not responsible. If such events make delivery or performance significantly more difficult or impossible for the Seller and the hindrance is64 not merely temporary, the Seller shall be entitled to withdraw from the contract. In the event of temporary hindrances, the delivery or performance periods shall be extended or the delivery65 or performance dates shall be postponed by the period of the hindrance plus a reasonable start-up period.66 Insofar as the Buyer cannot reasonably be expected to accept the delivery or service as a result of the delay,67 it may withdraw from the contract by means of an immediate written declaration to the Seller.68
(5) The Seller is only entitled to make partial deliveries if the partial delivery is usable for the Buyer within the scope of the contractual purpose, the delivery of the remaining ordered goods is ensured and the Buyer does not incur any significant additional effort69 or additional costs as a result (unless the Seller agrees to bear these costs).
(6) The occurrence of a delay in delivery shall be determined in accordance with the statutory provisions. In any case, however, a70 reminder from the Buyer is required.71
(7) If the Seller is in default with a delivery or service or if a delivery or service becomes impossible for it, for whatever reason, the Seller's liability for damages shall be limited in accordance with number eight (8) of these GTC.
5. Place of Performance, Dispatch, Packaging, Transfer of Risk, Acceptance
(1) The place of performance for all obligations arising from the contractual72 relationship is Berlin, Brandenburgische Straße 23, unless otherwise specified.
(2) The method of dispatch (e.g., DHL) and packaging are subject to the Seller's due discretion.
(3) The risk shall pass to the Buyer at the latest upon handover of the delivery item (whereby the start of the loading process is73 decisive) to the forwarding agent, carrier or other third party designated74 to carry out the dispatch, provided that dispatch of the goods has been agreed and the Seller has not undertaken transport or installation. This also applies if partial deliveries are made or the Seller has undertaken other services (e.g., dispatch). If dispatch or handover is delayed due to a circumstance caused by the Buyer, the risk shall pass to the Buyer from the day on which the delivery item is ready for dispatch75 and the Seller has notified the Buyer of this.76
(4) Storage costs after transfer of risk shall be borne by the Buyer. If stored by the Seller, the storage costs shall amount to 0.25% of the invoice amount of the delivery items to be stored per expired week.77 The assertion and proof of further or lower storage costs remain reserved.78
(5) The consignment will only be insured by the Seller against theft, breakage, transport, fire and water damage or other insurable risks at the express request and expense of the79 Buyer.
(6) Insofar as acceptance is to take place, the purchased item shall be deemed accepted if the delivery has been completed, the Seller has80 notified the Buyer of this, referring to the acceptance fiction under this clause, and has requested acceptance, ten (10) working days have passed since delivery or the Buyer has started to use the purchased item (e.g., has further processed or sold the delivered goods) and in this case seven (7) working days have passed since delivery, and the Buyer has failed to accept within this period for a reason other than a defect notified to the Seller which makes the use of the purchased item impossible or significantly impairs81 it.
6. Warranty, Material Defects
(1) The warranty period is one year from delivery or, if acceptance is required, from acceptance.82 This period shall not apply to claims for damages83 by the Buyer arising from injury to life, limb or health or from intentional or grossly negligent breaches of duty by the Seller or its vicarious agents, which shall in each case be84 time-barred in accordance with the statutory provisions.85
(2) The delivered items must be carefully inspected immediately after delivery to the Buyer or to the third party designated by86 it. They shall be deemed approved by the Buyer with regard to obvious defects or other defects that would have been recognisable during an immediate, careful inspection87 if the Seller does not receive a notice of defects in text form (e.g., by email to info@frozeneats.de) without delay. With regard to other defects, the delivery items shall be deemed approved by the Buyer if the notice of defects is not received by the Seller without delay after the time at which the defect became apparent; if the defect was already apparent at an earlier time during normal use, this earlier time shall, however, be decisive for the88 start of the period for lodging a complaint. At the Seller's request, a defective delivery item shall be returned carriage paid to the Seller (Frozen Eats FEB UG (haftungsbeschränkt), Brandenburgische Straße 23, 10707 Berlin). In the event of a justified notice of defects, the Seller shall reimburse the costs of the most favourable shipping route; this shall not apply if the costs increase89 because the delivery item is located at a place other than the place of intended use.90
(3) If the Buyer fails to carry out a proper inspection and/or notify defects, the Seller's liability for the defect not notified, not notified in time or not properly notified shall be excluded in accordance with the statutory provisions.
(4) In the event of material defects in the delivered items, the Seller shall initially be obliged and entitled, at its discretion91 to be exercised within a reasonable period, to subsequent improvement or replacement delivery. In the event of failure, i.e., impossibility, unreasonableness, refusal or unreasonable delay of the subsequent improvement or replacement delivery, the92 Buyer may withdraw from the contract or93 reduce the purchase price appropriately.
(5) If a defect is due to the fault of the Seller, the Buyer may claim damages under the conditions specified in number eight (8).
(6) The warranty shall lapse if the Buyer modifies the delivery item or has it modified by third parties without the Seller's consent and the removal of defects is thereby rendered impossible or unreasonably difficult. In any case, the Buyer shall bear the additional costs of94 removing the defects resulting from the modification.
7. Property Rights
(1) The Seller warrants in accordance with this clause that the delivery item is free from industrial property rights or copyrights of third parties. Each contracting party shall immediately notify the other contracting party95 in text form if claims are asserted against it for infringement of such rights.
(2) In the event that the delivery item infringes an industrial property right or copyright of a third party, the Seller shall, at its96 option and expense, either modify or replace the delivery item in such a way that no third-party rights are infringed any longer, but the delivery item still fulfils the contractually agreed functions, or procure97 the right of use for the Buyer by concluding a license agreement with the third party. If the Seller98 fails to do so within a reasonable period, the Buyer shall be entitled to withdraw from the contract or reduce the purchase price appropriately. Any claims for damages by the99 Buyer are subject to the limitations of number eight (8) of these GTC.
(3) In the event of infringements of rights by products from other manufacturers supplied by the Seller, the Seller shall, at its option, either assert its claims against the manufacturers and upstream suppliers for the Buyer's account or assign them to the Buyer. Claims against the Seller shall in these cases only exist in accordance with this clause if the judicial enforcement of the aforementioned claims against the manufacturers and upstream suppliers was unsuccessful or is,100 for example, futile due to insolvency.
8. Liability for Damages due to Fault
(1) The Seller's liability for damages, for whatever legal reason, in particular impossibility, delay, defective or incorrect delivery, breach of contract, breach of duties during contract negotiations101 and tort, shall be limited in accordance with this102 number eight (8) insofar as fault is relevant in each case.
(2) The Seller shall not be liable in the event of simple negligence on the part of its organs, legal representatives, employees or other vicarious agents,103 unless it is a breach of essential contractual obligations. Essential contractual obligations104 are the obligation to deliver the delivery item free of material defects in due time, as well as advisory, protective and custodial105 duties which are intended to enable the Buyer to use the delivery item in accordance with the contract or to protect the life or limb of the Buyer's personnel or to protect its property from significant damage.
(3) Insofar as the Seller is liable for damages on the merits pursuant to number eight (8) paragraph two (2), this liability shall be limited to damages which the Seller foresaw as a possible consequence of a breach of contract at the time of conclusion of the contract or which it should have foreseen by exercising due care. Indirect damage and consequential damage resulting from defects in the delivery item are also only eligible for compensation insofar as such damage is typically to be expected when the delivery item is used106 as intended.
(4) In the event of liability for simple negligence, the Seller's obligation to pay compensation for damage to property and107 resulting further financial losses shall be limited to an amount108 equal to the respective net purchase price per claim, even if it is a breach of essential contractual obligations.
(5) The above exclusions and limitations of liability shall apply to the same extent in favour of the organs, legal representatives, employees and other vicarious agents of the Seller.109
(6) The limitations of this number eight (8) shall not apply to the Seller's liability for intentional conduct, for guaranteed characteristics, for injury to life, limb or health or under the110 Product Liability Act.
9. Statute of Limitations
(1) Notwithstanding § 438 para. 1 no. 3 BGB (German Civil Code), the general limitation period for claims arising from111 material defects and defects of title shall be one year from delivery. If acceptance has been agreed, the limitation period112 shall commence upon acceptance.
(2) The above limitation periods113 of sales law shall also apply to contractual and non-contractual claims for damages by the Buyer based on a defect in the goods, unless the application of the regular statutory limitation period (§§ 195, 199 BGB) would lead to a shorter limitation114 period in individual cases. However, claims for damages by the Buyer pursuant to115 Section 8 para. 2 sentence 1 and sentence 2(a) as well as under the Product Liability Act shall become time-barred exclusively in accordance with the statutory limitation116 periods.
10. Retention of Title
(1) The goods delivered by the Seller to the Buyer shall remain the property of the Seller until all secured claims have been paid in full. The goods, as well as the goods117 replacing them covered by the retention of title according to the following provisions, are hereinafter referred to as "Reserved Goods".
(2) The Buyer shall store the Reserved Goods free of charge for the Seller.
(3) The Buyer is entitled to process and sell the Reserved Goods in the ordinary course of business until the realisation event occurs (para.118 8). Pledges and transfers by way of security are not permitted.
(4) If the Reserved Goods are processed by the Buyer, it is agreed that the processing shall be carried out in the name and for the account of the Seller as manufacturer and that119 the Seller shall directly acquire ownership or – if the processing is carried out from materials of several owners or120 if the value of the processed item is higher than the value of the Reserved Goods – co-ownership (fractional ownership) of the newly created item121 in the ratio of the value of the Reserved Goods to the value of the newly created item. In the event that no such acquisition of ownership122 by the Seller should occur, the Buyer hereby already assigns its future ownership or – in the above-mentioned ratio – co-ownership of the newly created item to the Seller as security. If the123 Reserved Goods are combined or inseparably mixed with other items to form a single item and if one of the other items is to be regarded as the main item,124 the Seller, insofar as the main item belongs to it, shall transfer co-ownership of the single item to the Buyer proportionately in the ratio specified in sentence 1.
(5) In the event of resale of the Reserved Goods, the Buyer hereby assigns to the Seller as security the claim arising therefrom against the purchaser – in the case of co-ownership by the Seller of the Reserved Goods, proportionately according to the co-ownership share. The same applies to other claims that take the place of the Reserved Goods or otherwise arise with regard to the Reserved Goods, such as insurance claims or claims125 in tort in the event of loss or destruction. The Seller revocably authorises the Buyer to collect the claims assigned to126 the Seller in its own name. The Seller may only revoke this direct debit authorisation in the event of127 realisation.
(6) If third parties access the Reserved Goods, in particular by seizure, the Buyer shall immediately draw their attention to the Seller's ownership and inform the Seller thereof in order to enable it to enforce its ownership rights. If the third party is not in a position to reimburse the Seller for the judicial or extrajudicial128 costs incurred in this connection, the Buyer shall be liable to the Seller for these129 costs.
(7) The Seller shall release the Reserved Goods as well as the items or claims replacing them insofar as their value exceeds the amount of the secured claims by more130 than 10%. The selection of the items to be released thereafter131 shall be at the Seller's discretion.
(8) If the Seller withdraws from the contract in the event of conduct by the Buyer contrary to the contract – in particular default in payment – (realisation event), it shall be entitled to demand the return of the Reserved Goods. The demand for return does not at the same time constitute a declaration of withdrawal; rather, the Seller is entitled merely to demand the return of the goods and to reserve the right to withdraw. If the Buyer does not pay the due purchase price, the Seller may only assert these rights if it has previously unsuccessfully set the Buyer a reasonable deadline for payment or if such a deadline is dispensable according to the statutory provisions.132
11. Final Provisions
(1) If the Buyer is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes133 arising from the business relationship between the Seller and the Buyer shall be the Seller's registered office134 (Berlin). Mandatory statutory provisions on exclusive places of jurisdiction remain unaffected by this provision.
(2) The relationship between the Seller and the Buyer shall be governed exclusively by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International135 Sale of Goods (CISG).
(3) Insofar as the contract or these GTC contain loopholes, those legally effective provisions shall be deemed agreed to fill these loopholes which the136 contracting parties would have agreed according to the economic objectives of the contract and the purpose of these137 GTC if they had known of the loophole.
III. General Terms and Conditions for the Redemption of Vouchers of Frozen Eats FEB UG (haftungsbeschränkt)
Acquisition
You can purchase Frozen Eats gift vouchers with a predefined value or with an individual desired value via our online shop (frozeneats.com). You will receive the value voucher within a few minutes after completing the order by email as a PDF file for printing. We use the email address you provided when completing the order / stored in your customer account. Gift vouchers with a credit value can be purchased in the online shop frozeneats.com using the payment methods offered for voucher purchase (e.g., PayPal, credit card via Stripe). Other payment methods, such as purchase on account or the redemption of vouchers for the purchase of another voucher, are excluded unless otherwise stated. Coupons (as part of discount and special promotions) cannot be applied when purchasing vouchers, unless expressly stated otherwise. No shipping costs are incurred for sending gift vouchers by email.
How to redeem a Frozen Eats gift voucher:
Visit our online shop at: frozeneats.com. Place your desired items in the shopping cart and enter the printed voucher code in the corresponding voucher field when completing the order.
Redemption conditions for your gift voucher
Gift vouchers can be redeemed when purchasing items from the current range of goods in the online shop frozeneats.com. They cannot be redeemed on other websites or in other online shops, unless expressly permitted by Frozen Eats.
Voucher credit will neither be paid out in cash nor will it accrue interest.
The voucher can generally be combined with other vouchers and discount codes, unless otherwise stated.
If the voucher value is not fully used for your purchase, the remaining amount will remain on your voucher. You can use this credit for one of your next purchases.
If the value of the voucher is not sufficient for your order, you can pay the difference with another payment method offered by us (e.g., PayPal, credit card) or by entering another gift voucher code. Accordingly, more than one gift voucher code can be used for one order.
For vouchers purchased, the regular limitation period applies, i.e., 3 years to the end of the year from the date of issue.
Vouchers can be redeemed as credit via the regular online ordering process in the shopping cart. The total amount, including shipping costs, is reduced by the respective voucher amount. The voucher can only be redeemed before completing138 the ordering process. Subsequent offsetting is not possible. Redemption by telephone, letter, fax or email is not possible, unless offered by customer service in individual cases.
The voucher can only be used for the purchase of goods and not for the purchase of further vouchers.
Duplicating, editing or manipulating vouchers is not permitted.
We accept no liability for loss, theft or illegibility of vouchers, or for typing errors in the email address of the voucher recipient, unless we are responsible for the loss or illegibility.
The contract is concluded between the buyer and
Frozen Eats FEB UG (haftungsbeschränkt)
Brandenburgische Straße 23 | 10707 Berlin | Germany
Managing Directors: Irina Rybak, Inna Zaderii
(VAT ID: Please enter your VAT ID here as soon as available)
Register Court: Amtsgericht Charlottenburg | HRB: 274599 B
as seller.
The voucher is transferable. The seller can make payment with discharging effect to the respective holder. This does not apply if the seller has knowledge or grossly negligent ignorance139 of the non-entitlement, legal incapacity or lack of representative authority of the respective holder.140
Right of withdrawal for vouchers
The purchase of a gift voucher can only be cancelled if the voucher code has not yet been redeemed. The general rules for the right of withdrawal (see separate withdrawal policy) also apply to vouchers.
Our GTC and data protection provisions apply additionally to the redemption of gift vouchers.
In the event of withdrawal from goods purchased partly or wholly with vouchers, the payment amount attributable to the voucher will not be paid out in cash but will be credited back to the voucher or a new voucher for the corresponding amount will be issued. The original redemption code may thereby lose its validity.
Contact
Should you have problems redeeming your voucher, please contact us by email at info@frozeneats.de.
Enjoy your gift voucher,
Your Frozen Eats Team.
Frozen Eats FEB UG (haftungsbeschränkt)
Brandenburgische Straße 23
10707 Berlin
Table of Contents:
I. General Terms and Conditions for Consumers
II. General Terms and Conditions for Business Customers
III. General Terms and Conditions for the Redemption of Vouchers
I. General Terms and Conditions ("GTC") for Consumers
1. Scope of Application
(1) The following GTC apply to all orders placed by consumers via our online shop (frozeneats.com).
(2) For orders placed by entrepreneurs, the GTC for Entrepreneurs (see II. below) shall apply exclusively.
(3) A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity.1
(4) 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.2 With regard to entrepreneurs, the3 following applies: If the entrepreneur uses conflicting or supplementary General Terms and Conditions, their validity is hereby contradicted; they4 shall only become part of the contract if we have expressly agreed to them.
2. Contracting Party, Conclusion of Contract,5 Correction Options
(1) The purchase contract is concluded with Frozen Eats FEB UG (haftungsbeschränkt), Brandenburgische Straße 23, 10707 Berlin, registered in the Commercial Register of the Local Court (Amtsgericht) Charlottenburg under HRB 274599 B (hereinafter referred to as "we" or "Frozen Eats").
(2) The presentation of products in our online shop does not constitute a legally binding offer, but rather an invitation to6 submit an offer (order).
(3) By clicking the "Order with obligation to pay" button in the final step of the ordering process, you submit a binding offer to purchase the products displayed in the order overview. Immediately after submitting7 the order, you will receive an order confirmation, which, however, does not8 yet constitute acceptance of your contractual offer. A contract between you and us is concluded as soon as we accept your order9 by means of a separate email or dispatch the goods10 or make them available for collection. Please regularly check the SPAM folder of your email inbox.
3. Technical Steps and Correction of Input Errors
(1) As part of the ordering process, you first place the desired products in the shopping cart. There you can change the desired quantity at any time or remove selected products completely. If you have placed products there, clicking on the11 "Proceed to checkout" button will first take you to a page where you can enter your data and then select the shipping and payment method. Finally, an overview page12 will open where you can check your details. You can correct your input errors (e.g., regarding payment method, data, or the desired quantity) by13 making an entry in the respective field or by returning to the previous step. If you wish to cancel the ordering process completely, you can also simply close your browser window. Otherwise, after clicking14 the confirmation button "Order with obligation to pay", your declaration becomes binding.15
4. Contract Language, Contract Text Storage
(1) The language available for the conclusion of the contract is German. We save the contract text and send you the order data16 and our GTC in text form. For security reasons, the contract text is no longer accessible17 via the internet after the order has been completed.
5. Delivery Conditions
(1) In addition to the stated product prices, which include the applicable statutory value-added tax, shipping costs may also apply. You can find more detailed information on any applicable shipping costs with the offers and during the ordering process.
(2) We deliver via DHL to the delivery address you specify. Alternatively, self-collection of the goods is possible at our business premises at Brandenburgische Straße 23, 10707 Berlin, during the stated business hours.
(3) All returns are also to be sent to the address: Berlin, Brandenburgische Straße 23.
6. Subscription Orders
(1) Frozen Eats does not currently offer products on a subscription basis.
7. Payment
(1) The following payment methods are generally available in our shop:
* Credit Card (via Stripe): You enter your credit card details during the ordering process. Your card will be charged immediately after placing the order.18
* Klarna (via Stripe): You can also use the payment services offered by Klarna via our payment service provider Stripe.
* SEPA Direct Debit (via Stripe): Payment by SEPA direct debit is also possible via Stripe.
* PayPal: To be able to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, legitimise19 yourself with your access data and confirm the payment20 instruction. The payment transaction is carried out by PayPal immediately after the order is placed. You will receive further information during the ordering process.21
* Cash payment upon self-collection: If you choose self-collection, you can pay for the goods in cash directly upon collection at our shop at Brandenburgische Straße 23, 10707 Berlin.
8. Retention of Title
(1) The goods remain our property until full payment has been made.
9. Right of Withdrawal
(1) You are entitled to the statutory right of withdrawal as described in the separate withdrawal policy (available on our website).
10. Transport Damage
(1) If goods are delivered with obvious transport damage, please complain about such defects to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or contact22 us has no consequences for your statutory claims and their enforcement, in particular your warranty rights. However, you help us to23 be able to assert our own claims against the carrier or the transport insurance.24
11. Warranty and Guarantees
(1) Unless expressly agreed otherwise below, the statutory liability for defects shall apply. Information on any applicable additional guarantees and their precise conditions can be found with the product and on special information pages in the25 online shop.
(2) Customer Service: You can reach our customer service for questions, complaints, and objections by email at info@frozeneats.de or by phone at +49 178 7411490.
12. Liability
(1) We are liable for intent and gross negligence. Furthermore, we are liable for the negligent breach of obligations, the fulfilment26 of which makes the proper execution of the contract possible in the first place, the breach of27 which jeopardises the achievement of the purpose of the contract and28 on the observance of which you as a customer may regularly rely. In the latter case, however, we shall only be liable for the foreseeable, contract-typical damage.29 The same applies to breaches of duty by our vicarious agents.
(2) The above exclusions of liability shall not apply in the event of injury to life, limb or health. Liability under the Product Liability Act remains unaffected.30
13. Dispute Resolution
(1) The European Commission provides a platform for online dispute resolution (OS), which you can find here:31 https://ec.europa.eu/consumers/odr/.32 We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
14. Youth Protection
(1) By placing your order, you confirm that you have reached the minimum age legally required for concluding purchase contracts. You are obliged to provide truthful information.
(2) Frozen Eats does not sell products that are subject to age restrictions (e.g., alcohol).
15. Reviews
(1) By providing your review via our website (frozeneats.com), our social media channels (e.g., Instagram), or via services and applications of others, you grant Frozen Eats FEB UG (haftungsbeschränkt) (a) the non-exclusive, royalty-free, perpetual, transferable, irrevocable, and sublicensable right to use, reproduce, publish, publicly distribute, and translate this content worldwide in all currently known and future media; and (b) the right to use the name/trade name you provided in connection with this content.
(2) You acknowledge that Frozen Eats may use your content for advertising purposes, stating the name you used for the review or anonymously. You acknowledge and agree that your content is not confidential and not proprietary. You confirm that you are the owner of your content.
(3) You expressly agree not to upload or transmit any of the following content to the services, or to post, distribute, store, create or otherwise publish it via them: Content that is false, illegal, misleading, defamatory, etc., or violates applicable law.
(4) We reserve the right to remove content without notice if we believe in good faith that it violates this agreement, in order to protect the rights33 of Frozen Eats and/or all users of our websites and channels. If you do not agree with the removal of your content, you can contact Frozen Eats and state your objections.
(5) You are entitled to subsequently change or delete your content in compliance with this agreement.
II. General Terms and Conditions for Business Customers
1. Scope of Application
(1) All deliveries, services, and offers of Frozen Eats FEB UG (haftungsbeschränkt) (hereinafter "Seller") shall be made exclusively on the basis of these General Terms and Conditions (GTC). These form part of all contracts that the Seller concludes with its contractual partners (hereinafter also "Buyer") for the deliveries or services offered by it. They shall also apply to all future deliveries, services, or offers to34 the Buyer, even if they are not separately agreed again.35
(2) These GTC apply exclusively to entrepreneurs within the meaning of § 14 BGB (German Civil Code) or if the Buyer is a legal entity under public law or a special fund under public law.
(3) Terms and conditions of the Buyer or third parties shall not apply, even if the Seller does not separately object to their validity in individual cases.36 Even if the Seller refers to a letter that contains or refers to terms and conditions of the Buyer or a third party, this37 does not constitute an agreement to the validity of those terms and conditions.
2. Offer and Conclusion of Contract
(1) All offers made by the Seller are subject to change and non-binding, unless they are expressly marked as binding or contain a specific acceptance period.38
(2) The Buyer's order for goods shall be deemed a binding contractual offer. Unless otherwise stated in the order, the Seller may accept this contractual offer within fourteen (14) days of receipt.
(3) The legal relationship between the Seller and the Buyer shall be governed exclusively by the purchase contract concluded in writing or text form (e.g., email), including these GTC. This fully reflects all agreements between the contracting parties regarding the subject matter of the contract. Verbal promises made by the Seller prior to the conclusion of this contract39 are legally non-binding, and verbal agreements between the contracting parties shall be replaced40 by the written contract or the contract in text form, unless expressly agreed otherwise between the contracting parties in each41 case.
(4) Amendments and modifications to the agreements made, including these GTC, must be in text form to be effective. With the exception of managing directors (Irina Rybak, Inna Zaderii) or authorised signatories (Prokuristen), the Seller's employees are not entitled to make verbal agreements that deviate from the written agreement. Telecommunicative42 transmission, in particular by email, shall suffice to meet the text form requirement.
(5) Information provided by the Seller regarding the subject matter of the delivery or service (e.g., weights, dimensions) is only approximate unless usability for the contractually intended purpose requires exact conformity. They are not guaranteed characteristics, but descriptions or43 identifications of the delivery or service.44 Customary deviations and deviations that occur due to legal regulations or represent technical improvements are permissible insofar as they do not45 impair usability for the contractually intended purpose.
(6) Each order placed by the Buyer constitutes a one-off and self-contained transaction. The acceptance of an order by the Seller does not establish a continuing obligation. Each order shall be treated independently of previous or future orders, unless expressly agreed otherwise in writing. The Seller is not obliged to accept or fulfil further orders from the same Buyer after fulfilling an order. Likewise, the Buyer is under no obligation to place further orders with the Seller after an order.
3. Prices and Payment
(1) The prices apply to the scope of services and delivery listed in the order confirmations. Additional or special services will be charged separately.46 The prices are in EUR ex business premises Brandenburgische Straße 23, 10707 Berlin, excluding shipping costs, including packaging and statutory value-added tax. For export deliveries, customs duties, fees, and other public charges will be handled separately.
(2) If the agreed prices are based on the Seller's list prices and delivery is to take place more than four months after conclusion of the contract, the Seller's list prices valid at the47 time of delivery shall apply (in each case less an agreed percentage or fixed discount).48
(3) Invoice amounts are to be paid within thirty days without any deduction, unless otherwise agreed in writing. The date of receipt by the Seller shall be decisive for the date of payment.49
(4) The Buyer shall be in default upon expiry of the aforementioned payment period. During the period of default, the purchase price shall be subject to interest at the applicable statutory default interest rate.50 The Seller reserves the right to assert further damages caused by default. The claim to the commercial due date interest (§ 353 HGB - German Commercial Code) against merchants remains unaffected.
(5) Set-off against counterclaims of the Buyer or retention of payments due to such claims is only permissible insofar as the counterclaims are undisputed or have been legally established or arise51 from the same order under which the delivery in question52 was made.
(6) The Seller is entitled to execute or render outstanding deliveries or services only against advance payment or provision of security if, after conclusion of the contract,53 circumstances become known to54 it which are suitable to significantly reduce the creditworthiness of the Buyer and through which the payment of the Seller's outstanding claims55 by the Buyer from the respective contractual relationship (including from other individual orders to which the same framework agreement applies)56 is endangered.
4. Delivery and Delivery Time
(1) Deliveries shall be made ex business premises Brandenburgische Straße 23, 10707 Berlin, unless otherwise agreed.
(2) Deadlines and dates for deliveries and services promised by the Seller are always only approximate, unless a fixed deadline or a fixed date has been expressly promised or agreed. If57 dispatch has been agreed, delivery deadlines and delivery dates, unless expressly stated otherwise by us, refer to the time58 of handover to the forwarding agent (e.g., DHL), carrier or other third party commissioned with the transport.
(3) The Seller may – without prejudice to its rights arising from the Buyer's default – demand from the Buyer an extension of delivery and service periods or a postponement of delivery and service dates by the period59 by which the Buyer fails to meet its contractual obligations to the Seller.
(4) The Seller shall not be liable for impossibility of delivery or for delays in delivery insofar as these are caused by force majeure or other events unforeseeable at the time of conclusion of the contract (e.g.,60 operational disruptions of all kinds, difficulties in procuring materials or energy, transport delays, strikes, lawful lockouts,61 shortage of labour, energy or raw materials, difficulties in obtaining necessary official permits, pandemics or epidemics,62 official measures or the failure of suppliers to deliver, to deliver correctly or on time despite a congruent63 covering transaction concluded by the Seller) for which the Seller is not responsible. If such events make delivery or performance significantly more difficult or impossible for the Seller and the hindrance is64 not merely temporary, the Seller shall be entitled to withdraw from the contract. In the event of temporary hindrances, the delivery or performance periods shall be extended or the delivery65 or performance dates shall be postponed by the period of the hindrance plus a reasonable start-up period.66 Insofar as the Buyer cannot reasonably be expected to accept the delivery or service as a result of the delay,67 it may withdraw from the contract by means of an immediate written declaration to the Seller.68
(5) The Seller is only entitled to make partial deliveries if the partial delivery is usable for the Buyer within the scope of the contractual purpose, the delivery of the remaining ordered goods is ensured and the Buyer does not incur any significant additional effort69 or additional costs as a result (unless the Seller agrees to bear these costs).
(6) The occurrence of a delay in delivery shall be determined in accordance with the statutory provisions. In any case, however, a70 reminder from the Buyer is required.71
(7) If the Seller is in default with a delivery or service or if a delivery or service becomes impossible for it, for whatever reason, the Seller's liability for damages shall be limited in accordance with number eight (8) of these GTC.
5. Place of Performance, Dispatch, Packaging, Transfer of Risk, Acceptance
(1) The place of performance for all obligations arising from the contractual72 relationship is Berlin, Brandenburgische Straße 23, unless otherwise specified.
(2) The method of dispatch (e.g., DHL) and packaging are subject to the Seller's due discretion.
(3) The risk shall pass to the Buyer at the latest upon handover of the delivery item (whereby the start of the loading process is73 decisive) to the forwarding agent, carrier or other third party designated74 to carry out the dispatch, provided that dispatch of the goods has been agreed and the Seller has not undertaken transport or installation. This also applies if partial deliveries are made or the Seller has undertaken other services (e.g., dispatch). If dispatch or handover is delayed due to a circumstance caused by the Buyer, the risk shall pass to the Buyer from the day on which the delivery item is ready for dispatch75 and the Seller has notified the Buyer of this.76
(4) Storage costs after transfer of risk shall be borne by the Buyer. If stored by the Seller, the storage costs shall amount to 0.25% of the invoice amount of the delivery items to be stored per expired week.77 The assertion and proof of further or lower storage costs remain reserved.78
(5) The consignment will only be insured by the Seller against theft, breakage, transport, fire and water damage or other insurable risks at the express request and expense of the79 Buyer.
(6) Insofar as acceptance is to take place, the purchased item shall be deemed accepted if the delivery has been completed, the Seller has80 notified the Buyer of this, referring to the acceptance fiction under this clause, and has requested acceptance, ten (10) working days have passed since delivery or the Buyer has started to use the purchased item (e.g., has further processed or sold the delivered goods) and in this case seven (7) working days have passed since delivery, and the Buyer has failed to accept within this period for a reason other than a defect notified to the Seller which makes the use of the purchased item impossible or significantly impairs81 it.
6. Warranty, Material Defects
(1) The warranty period is one year from delivery or, if acceptance is required, from acceptance.82 This period shall not apply to claims for damages83 by the Buyer arising from injury to life, limb or health or from intentional or grossly negligent breaches of duty by the Seller or its vicarious agents, which shall in each case be84 time-barred in accordance with the statutory provisions.85
(2) The delivered items must be carefully inspected immediately after delivery to the Buyer or to the third party designated by86 it. They shall be deemed approved by the Buyer with regard to obvious defects or other defects that would have been recognisable during an immediate, careful inspection87 if the Seller does not receive a notice of defects in text form (e.g., by email to info@frozeneats.de) without delay. With regard to other defects, the delivery items shall be deemed approved by the Buyer if the notice of defects is not received by the Seller without delay after the time at which the defect became apparent; if the defect was already apparent at an earlier time during normal use, this earlier time shall, however, be decisive for the88 start of the period for lodging a complaint. At the Seller's request, a defective delivery item shall be returned carriage paid to the Seller (Frozen Eats FEB UG (haftungsbeschränkt), Brandenburgische Straße 23, 10707 Berlin). In the event of a justified notice of defects, the Seller shall reimburse the costs of the most favourable shipping route; this shall not apply if the costs increase89 because the delivery item is located at a place other than the place of intended use.90
(3) If the Buyer fails to carry out a proper inspection and/or notify defects, the Seller's liability for the defect not notified, not notified in time or not properly notified shall be excluded in accordance with the statutory provisions.
(4) In the event of material defects in the delivered items, the Seller shall initially be obliged and entitled, at its discretion91 to be exercised within a reasonable period, to subsequent improvement or replacement delivery. In the event of failure, i.e., impossibility, unreasonableness, refusal or unreasonable delay of the subsequent improvement or replacement delivery, the92 Buyer may withdraw from the contract or93 reduce the purchase price appropriately.
(5) If a defect is due to the fault of the Seller, the Buyer may claim damages under the conditions specified in number eight (8).
(6) The warranty shall lapse if the Buyer modifies the delivery item or has it modified by third parties without the Seller's consent and the removal of defects is thereby rendered impossible or unreasonably difficult. In any case, the Buyer shall bear the additional costs of94 removing the defects resulting from the modification.
7. Property Rights
(1) The Seller warrants in accordance with this clause that the delivery item is free from industrial property rights or copyrights of third parties. Each contracting party shall immediately notify the other contracting party95 in text form if claims are asserted against it for infringement of such rights.
(2) In the event that the delivery item infringes an industrial property right or copyright of a third party, the Seller shall, at its96 option and expense, either modify or replace the delivery item in such a way that no third-party rights are infringed any longer, but the delivery item still fulfils the contractually agreed functions, or procure97 the right of use for the Buyer by concluding a license agreement with the third party. If the Seller98 fails to do so within a reasonable period, the Buyer shall be entitled to withdraw from the contract or reduce the purchase price appropriately. Any claims for damages by the99 Buyer are subject to the limitations of number eight (8) of these GTC.
(3) In the event of infringements of rights by products from other manufacturers supplied by the Seller, the Seller shall, at its option, either assert its claims against the manufacturers and upstream suppliers for the Buyer's account or assign them to the Buyer. Claims against the Seller shall in these cases only exist in accordance with this clause if the judicial enforcement of the aforementioned claims against the manufacturers and upstream suppliers was unsuccessful or is,100 for example, futile due to insolvency.
8. Liability for Damages due to Fault
(1) The Seller's liability for damages, for whatever legal reason, in particular impossibility, delay, defective or incorrect delivery, breach of contract, breach of duties during contract negotiations101 and tort, shall be limited in accordance with this102 number eight (8) insofar as fault is relevant in each case.
(2) The Seller shall not be liable in the event of simple negligence on the part of its organs, legal representatives, employees or other vicarious agents,103 unless it is a breach of essential contractual obligations. Essential contractual obligations104 are the obligation to deliver the delivery item free of material defects in due time, as well as advisory, protective and custodial105 duties which are intended to enable the Buyer to use the delivery item in accordance with the contract or to protect the life or limb of the Buyer's personnel or to protect its property from significant damage.
(3) Insofar as the Seller is liable for damages on the merits pursuant to number eight (8) paragraph two (2), this liability shall be limited to damages which the Seller foresaw as a possible consequence of a breach of contract at the time of conclusion of the contract or which it should have foreseen by exercising due care. Indirect damage and consequential damage resulting from defects in the delivery item are also only eligible for compensation insofar as such damage is typically to be expected when the delivery item is used106 as intended.
(4) In the event of liability for simple negligence, the Seller's obligation to pay compensation for damage to property and107 resulting further financial losses shall be limited to an amount108 equal to the respective net purchase price per claim, even if it is a breach of essential contractual obligations.
(5) The above exclusions and limitations of liability shall apply to the same extent in favour of the organs, legal representatives, employees and other vicarious agents of the Seller.109
(6) The limitations of this number eight (8) shall not apply to the Seller's liability for intentional conduct, for guaranteed characteristics, for injury to life, limb or health or under the110 Product Liability Act.
9. Statute of Limitations
(1) Notwithstanding § 438 para. 1 no. 3 BGB (German Civil Code), the general limitation period for claims arising from111 material defects and defects of title shall be one year from delivery. If acceptance has been agreed, the limitation period112 shall commence upon acceptance.
(2) The above limitation periods113 of sales law shall also apply to contractual and non-contractual claims for damages by the Buyer based on a defect in the goods, unless the application of the regular statutory limitation period (§§ 195, 199 BGB) would lead to a shorter limitation114 period in individual cases. However, claims for damages by the Buyer pursuant to115 Section 8 para. 2 sentence 1 and sentence 2(a) as well as under the Product Liability Act shall become time-barred exclusively in accordance with the statutory limitation116 periods.
10. Retention of Title
(1) The goods delivered by the Seller to the Buyer shall remain the property of the Seller until all secured claims have been paid in full. The goods, as well as the goods117 replacing them covered by the retention of title according to the following provisions, are hereinafter referred to as "Reserved Goods".
(2) The Buyer shall store the Reserved Goods free of charge for the Seller.
(3) The Buyer is entitled to process and sell the Reserved Goods in the ordinary course of business until the realisation event occurs (para.118 8). Pledges and transfers by way of security are not permitted.
(4) If the Reserved Goods are processed by the Buyer, it is agreed that the processing shall be carried out in the name and for the account of the Seller as manufacturer and that119 the Seller shall directly acquire ownership or – if the processing is carried out from materials of several owners or120 if the value of the processed item is higher than the value of the Reserved Goods – co-ownership (fractional ownership) of the newly created item121 in the ratio of the value of the Reserved Goods to the value of the newly created item. In the event that no such acquisition of ownership122 by the Seller should occur, the Buyer hereby already assigns its future ownership or – in the above-mentioned ratio – co-ownership of the newly created item to the Seller as security. If the123 Reserved Goods are combined or inseparably mixed with other items to form a single item and if one of the other items is to be regarded as the main item,124 the Seller, insofar as the main item belongs to it, shall transfer co-ownership of the single item to the Buyer proportionately in the ratio specified in sentence 1.
(5) In the event of resale of the Reserved Goods, the Buyer hereby assigns to the Seller as security the claim arising therefrom against the purchaser – in the case of co-ownership by the Seller of the Reserved Goods, proportionately according to the co-ownership share. The same applies to other claims that take the place of the Reserved Goods or otherwise arise with regard to the Reserved Goods, such as insurance claims or claims125 in tort in the event of loss or destruction. The Seller revocably authorises the Buyer to collect the claims assigned to126 the Seller in its own name. The Seller may only revoke this direct debit authorisation in the event of127 realisation.
(6) If third parties access the Reserved Goods, in particular by seizure, the Buyer shall immediately draw their attention to the Seller's ownership and inform the Seller thereof in order to enable it to enforce its ownership rights. If the third party is not in a position to reimburse the Seller for the judicial or extrajudicial128 costs incurred in this connection, the Buyer shall be liable to the Seller for these129 costs.
(7) The Seller shall release the Reserved Goods as well as the items or claims replacing them insofar as their value exceeds the amount of the secured claims by more130 than 10%. The selection of the items to be released thereafter131 shall be at the Seller's discretion.
(8) If the Seller withdraws from the contract in the event of conduct by the Buyer contrary to the contract – in particular default in payment – (realisation event), it shall be entitled to demand the return of the Reserved Goods. The demand for return does not at the same time constitute a declaration of withdrawal; rather, the Seller is entitled merely to demand the return of the goods and to reserve the right to withdraw. If the Buyer does not pay the due purchase price, the Seller may only assert these rights if it has previously unsuccessfully set the Buyer a reasonable deadline for payment or if such a deadline is dispensable according to the statutory provisions.132
11. Final Provisions
(1) If the Buyer is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes133 arising from the business relationship between the Seller and the Buyer shall be the Seller's registered office134 (Berlin). Mandatory statutory provisions on exclusive places of jurisdiction remain unaffected by this provision.
(2) The relationship between the Seller and the Buyer shall be governed exclusively by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International135 Sale of Goods (CISG).
(3) Insofar as the contract or these GTC contain loopholes, those legally effective provisions shall be deemed agreed to fill these loopholes which the136 contracting parties would have agreed according to the economic objectives of the contract and the purpose of these137 GTC if they had known of the loophole.
III. General Terms and Conditions for the Redemption of Vouchers of Frozen Eats FEB UG (haftungsbeschränkt)
Acquisition
You can purchase Frozen Eats gift vouchers with a predefined value or with an individual desired value via our online shop (frozeneats.com). You will receive the value voucher within a few minutes after completing the order by email as a PDF file for printing. We use the email address you provided when completing the order / stored in your customer account. Gift vouchers with a credit value can be purchased in the online shop frozeneats.com using the payment methods offered for voucher purchase (e.g., PayPal, credit card via Stripe). Other payment methods, such as purchase on account or the redemption of vouchers for the purchase of another voucher, are excluded unless otherwise stated. Coupons (as part of discount and special promotions) cannot be applied when purchasing vouchers, unless expressly stated otherwise. No shipping costs are incurred for sending gift vouchers by email.
How to redeem a Frozen Eats gift voucher:
Visit our online shop at: frozeneats.com. Place your desired items in the shopping cart and enter the printed voucher code in the corresponding voucher field when completing the order.
Redemption conditions for your gift voucher
Gift vouchers can be redeemed when purchasing items from the current range of goods in the online shop frozeneats.com. They cannot be redeemed on other websites or in other online shops, unless expressly permitted by Frozen Eats.
Voucher credit will neither be paid out in cash nor will it accrue interest.
The voucher can generally be combined with other vouchers and discount codes, unless otherwise stated.
If the voucher value is not fully used for your purchase, the remaining amount will remain on your voucher. You can use this credit for one of your next purchases.
If the value of the voucher is not sufficient for your order, you can pay the difference with another payment method offered by us (e.g., PayPal, credit card) or by entering another gift voucher code. Accordingly, more than one gift voucher code can be used for one order.
For vouchers purchased, the regular limitation period applies, i.e., 3 years to the end of the year from the date of issue.
Vouchers can be redeemed as credit via the regular online ordering process in the shopping cart. The total amount, including shipping costs, is reduced by the respective voucher amount. The voucher can only be redeemed before completing138 the ordering process. Subsequent offsetting is not possible. Redemption by telephone, letter, fax or email is not possible, unless offered by customer service in individual cases.
The voucher can only be used for the purchase of goods and not for the purchase of further vouchers.
Duplicating, editing or manipulating vouchers is not permitted.
We accept no liability for loss, theft or illegibility of vouchers, or for typing errors in the email address of the voucher recipient, unless we are responsible for the loss or illegibility.
The contract is concluded between the buyer and
Frozen Eats FEB UG (haftungsbeschränkt)
Brandenburgische Straße 23 | 10707 Berlin | Germany
Managing Directors: Irina Rybak, Inna Zaderii
(VAT ID: Please enter your VAT ID here as soon as available)
Register Court: Amtsgericht Charlottenburg | HRB: 274599 B
as seller.
The voucher is transferable. The seller can make payment with discharging effect to the respective holder. This does not apply if the seller has knowledge or grossly negligent ignorance139 of the non-entitlement, legal incapacity or lack of representative authority of the respective holder.140
Right of withdrawal for vouchers
The purchase of a gift voucher can only be cancelled if the voucher code has not yet been redeemed. The general rules for the right of withdrawal (see separate withdrawal policy) also apply to vouchers.
Our GTC and data protection provisions apply additionally to the redemption of gift vouchers.
In the event of withdrawal from goods purchased partly or wholly with vouchers, the payment amount attributable to the voucher will not be paid out in cash but will be credited back to the voucher or a new voucher for the corresponding amount will be issued. The original redemption code may thereby lose its validity.
Contact
Should you have problems redeeming your voucher, please contact us by email at info@frozeneats.de.
Enjoy your gift voucher,
Your Frozen Eats Team.
Frozen Eats FEB UG (haftungsbeschränkt)
Brandenburgische Straße 23
10707 Berlin