Terms and Conditions FREEZY

  1. Scope & contractor

1.1 These General Terms and Conditions (GTC) apply to all contracts concluded between FREEEZY and your company („Customer“), in particular for orders via our website and our online shop. Deviating regulations are only valid if they have been agreed in writing between FREEEZY and the customer. The customer agrees that in case of the use of terms and conditions by him in case of doubt, the terms and conditions of FREEEZY is to be assumed, even if the conditions of the customer remain uncontested.

1.2 Owner of the website freeezy.at as well as contract partner of the customer is

SWEET DREAMS OG (short „FREEEZY“)

Fiali Ring 3

3133 Traismauer

Austria

UID: ATU 72151636

E-Mail: office@freeezy.at

1.3 Person names include women and men alike.

1.4 Contracting partner („customer“) of FREEEZY is basically the company that places the order. The customer confirms by stating his UID number to be an entrepreneur within the meaning of § 1 UGB. Should contrary be found, FREEZY is entitled at any time to withdraw from the contract.

1.5 1.5 Subject to change: FREEEZY is entitled to update and change the terms and conditions. The terms and conditions valid at the time of ordering apply, available at freeezy.at/general_conditions_conditions. 

1.6 Place of performance: The place of performance is the Austrian registered office of FREEEZY.

 

     2. Offers and formation of a contract 

2.1 All offers made by FREEEZY on their website or in the online shop are non-binding with regard to the availability of the products. For details on the products, please refer to the product descriptions available at the time of ordering. Pictures of the products are only symbolic pictures.

2.2 The products are basically those for commercial use. Accordingly, individual machines are e.g. supplied with the corresponding power cable, but without plug. The customer can not derive any claims against FREEEZY. An extra fuse must be provided for all ice machines and the ice machines must be connected properly and directly. FREEEZY recommends that the connection be made by a licensed specialist company (electrician). also below point 7.3.

2.3 The presentation of the products in the online shop does not constitute an offer by FREEEZY. Only by placing an order does the customer make a binding offer.

2.4 The receipt of an electronic order confirmation by FREEEZY does not constitute acceptance of the offer. A contract is only concluded with the express acceptance by FREEEZY (eg by a delivery notification or at the latest by handing over the goods to the freight forwarder or customer or by picking up the goods Customer).

2.5 If FREEEZY sends the customer an offer on request, FREEEZY is bound to it 7 working days from the date of issue, unless otherwise agreed in writing.

2.6 Quotations are generally against payment. A fee paid for the estimate will be credited if an order is made on the basis of this estimate.

 

    3. Prices, shipping costs & terms of payment

 

3.1 Prices: The prices stated on the FREEEZY website on the day of the order apply. This also applies to repeat orders that are not made via the website.

3.2 Unless otherwise stated, these are net prices excluding VAT, excluding shipping costs and excluding packaging (eg pallets). The shipping costs can be found in our shipping cost overview: https://freeezy.at/versand-lieferung/Costs of a separate consignment (such as express), the buyer always has to carry himself.

3.3 Unless otherwise agreed, FREEEZY is entitled to invoice order changes or additional orders at reasonable prices.

3.4 The customer must in principle bear all import and export charges, including any applicable duties, fees and charges. This applies in particular to a delivery to a non-EEA country.

3.5 Payment methods: We generally accept the following payment methods:   Advance payment Pay Pal Credit cards (VISA, Mastercard) IMMEDIATELY transfer

3.6 FREEEZY reserves the right to refuse individual payment methods without giving reasons.

3.7 Interest on late payments & collection costs: In case of late payment 10% p.a. charged. FREEEZY reserves the right to assert further damages. In addition, the customer must assume the costs incurred by the necessary intervention of a lawyer according to RATG.

3.8 Payments received by FREEEZY are credited first to interest, then to interest and ancillary charges, and ultimately to the outstanding capital.

 

    4. Reservation of proprietary right

4.1 Until full payment, the goods remain the property of FREEEZY. In case of default of payment of the customer FREEEZY is entitled to assert its rights from the retention of title. The assertion of the retention of title is only a withdrawal from the contract, if it is expressly declared.

4.2 If the customer continues to sell the goods, he assigns all claims from the resale against a third party up to the amount of the respectively agreed purchase price, including delivery costs and any dunning fees as well as default interest, to FREEEZY. In this case, the customer has to inform his customer and to provide FREEEZY with the necessary data so that they can enforce their claims.

 

    5. Delivery & default of acceptance

5.1 Delivery time: Unless otherwise agreed, FREEEZY endeavors to ship the goods within 5 working days after confirmation of the contract. For already known, deviating delivery times, there is a note on the respective product page. The purchaser shall not be entitled to any claims arising from delayed delivery, unless this was caused by gross negligence or intentionally by FREEEZY.

5.2 Delivery: The delivery is made either by a selected by FREEEZY logistics partner (approved carrier) or by FREEEZY itself. FREEEZY reserves the right to deliver the order in partial deliveries. Thus additionally incurred costs takes over FREEEZY. The customer carries the risk of transport.

5.3 Default of acceptance: If the customer is in default of acceptance, FREEEZY is entitled to store the goods. For this a storage fee of € 5, – per started calendar day will be charged. At the same time FREEEZY remains entitled to insist on contract fulfillment. The customer is not released from his obligation to pay. Alternatively, FREEEZY is entitled, after setting a reasonable period of grace (for example 14 days), to withdraw from the contract and to otherwise use the goods; In this case, a penalty of 30% of the invoice amount, but at least € 500, – is agreed. The costs resulting from the default of acceptance (for example, return transport, re-delivery, legal fees and dunning costs) are in any event to be paid by the purchaser.

 

      6. Right of withdrawal

6.1 Due to the fact that FREEEZY is not itself the manufacturer of the goods to be delivered, FREEEZY reserves the right to withdraw from the contract if, through no fault of FREEEZY, difficulties arise in the production or delivery by the producer of the goods. The customer can not derive any claims (for example damages).

 

     7. Liability, warranty and damages

7.1 Insofar as a warranty can not be excluded due to the product, the provisions on the statutory warranty shall apply, whereby the period for asserting any material defects vis-à-vis FREEEZY shall be reduced to six months. The customer has to prove that the defect was present on delivery.

7.2 The purchaser must immediately inspect the acquired goods for any defects and, if such a FREEEZY is found, notify them immediately and in writing (at the latest within three days of takeover) or note this to the supplier upon acceptance. During this time, the customer has to store the possibly defective product adequately and without risk of possible damage at his own expense. The customer takes over the corresponding expenditure.

7.3 Defects in the goods do not include damage caused by the purchaser due to improper handling contrary to the contract or due to a failure to observe the operating instructions of the manufacturer. Likewise, properties of the goods do not count as defects if they do not impair the functionality of the goods and also do not visually present any impairment relevant to the intended use (for example scratches on the housing of an ice cream maker or other color). Likewise, a missing plug is not considered a defect (see above point 2). Deviations from the specified maximum producible amount of ice (liters) in the single-digit percentage range are also possible due to external factors that can not be influenced by FREEEZY (for example, power supply, percentage of whipped cream, etc.) and do not constitute a defect.

7.4 Complaints based on statutory warranty claims or other complaints must be made in writing under the contact details stated in the imprint.

7.5 FREEEZY is liable for personal injury caused by the at least slightly negligent and unlawful behavior of FREEEZY. In addition, FREEEZY is liable only if the customer proves gross negligence on the part of FREEEZY.

7.6 In particular, FREEEZY is not liable for indirect damages, loss of profit, interest losses, omitted savings, consequential and pecuniary damages or damage from claims of third parties. This also applies in particular in the case of delivery of defective goods or default in delivery.

7.7 Insofar as – for whatever case – a penalty has been agreed upon by FREEEZY, it shall be subject to the judicial moderation law and the assertion of compensation exceeding the penalty shall be excluded by mutual agreement.

7.8 Any liability of FREEEZY becomes time-barred six months after knowledge of the customer of the damage and the injured party, at least in three years after performance of the service or delivery.

7.9 Any recourse claims made under the title „Product Liability“ in the sense of PHG against FREEEZY are excluded, unless the person entitled to recourse proves that the error was caused by FREEEZY and at least caused gross negligence.

7.10 The illustration may differ slightly from the original.

 

    8. Offsetting and retention

8.1 A set-off against our claims with counterclaims – of whatever kind – is excluded.

8.2 Justified complaints do not entitle to the retention of the entire, but only an appropriate part of the invoice amount.

 

     9. Written form and secrecy

9.1 All agreements, subsequent changes, additions, side agreements, etc. need to be in writing, whereby an e-mail is sufficient.

9.2 The customer undertakes to keep secret the knowledge gained from the business relationship with third parties. The disclosure of non-publicly known data (such as price conditions, technical documentation, etc.) entitles FREEEZY to assert a penalty of € 1,500 per infringement. The assertion of any further damage remains unaffected.

 

   10. Naming as reference

10.1 The Customer agrees to the mention of his name or company name as a reference on the website or in other documents or any other external communication of FREEEZY. This also includes the use of the corresponding company logo.

10.2 The customer may object to this use for the future at any time and without stating reasons. There is no entitlement to destruction of advertising material already produced and / or circulated.

 

   11. Applicable Law, Jurisdiction & Severability Clause

 

11.1 Only Austrian substantive law excluding the UN Sales Convention applies. The contract language is German.

11.2 The competent court in Sankt Pölten is responsible for the decision of all disputes arising from this contract. However, FREEEZY reserves the right to sue at the customer’s place of general jurisdiction.

11.3 If any provision of these Terms and Conditions be or become wholly or partially legally invalid or unenforceable, this shall not affect the legal validity of all other business provisions. The Contracting Parties shall replace the invalid or unenforceable provision by an effective and enforceable provision that comes as close as possible in content and purpose.

 

    12. Data protection

12.1 The protection of your data is important to us. Details can be found in our privacy policy, available at https://freeezy.at/en/data-protection/