Terms & Conditions
1. Application of the Terms and Conditions
The following General Terms and Conditions shall exclusively apply including where the frost webshop is accessed from outside of the Federal Republic of Germany. Differing General Terms and Conditions of the customer will not become an integral part of the agreement even without an express objection by frost and even in the event of delivery by us.
2. Offer, Order confirmation, Selection of goods, Storage of the order text
2.1. Any offering in the frost webshop represents a non-binding invitation to order goods. By ordering, which is performed by clicking the “Buy” button, the customer will submit a binding offer to enter into a purchase agreement. frost shall be entitled to accept the customer’s offer within a period of one week. The order confirmation that is sent automatically by frost after the dispatch of the order serves only to document that the customer’s order has been received by frost, but does not represent acceptance of the customer’s offer. A contract is deemed only to have been concluded after frost has issued a declaration of acceptance, which is sent in a further separate email (order confirmation or shipping confirmation), at the latest, however, by the dispatch of the order.
2.2. The customer shall exclusively be responsible for the selection of the ordered goods, unless the order relates to a consultancy service to be compensated separately with a corresponding purchase recommendation from frost in writing.
2.3. frost expressly reserves the right to make changes to the models or structures for deliveries within a contract, as long as such changes are not of a fundamental nature, do not significantly limit the contractual purpose and there is no unreasonable detrimental effect on the customer’s interests.
2.4. The order text will not be saved by frost and can no longer be retrieved after completion of the order process. The ordering process information will be transmitted to the customer again with the email confirmation of the order, allowing the customer to print out the order data immediately after submission of the order.
3. Delivery times, Withdrawal, Damage caused by delay, Partial deliveries
3.1. The goods will be delivered in 1 to 3 business days within Germany and within 2 to 6 business days in other European countries.
3.2. Delivery is performed by sending the product to an address specified by the customer. The customer warrants and represents that the complete and correct delivery address has been supplied with the order. If additional delivery costs are incurred as a result of incorrect delivery address data, the customer is to refund these to frost. The customer will be obligated to ensure that delivery of the ordered goods to the stated address is possible during regular business and delivery hours.
3.3. Delivery times can only be observed if the customer has complied with his or her obligations (for example, advance payment, complete and accurate delivery address, etc.).
3.4. If frost fails to observe delivery deadlines, the customer is to set frost an appropriate grace period in writing, which is to commence upon receipt by frost of the setting of the grace period. The customer will only be entitled to withdraw from the contract after the grace period has expired without any result. Withdrawal by the customer from the entire agreement as a result of partial delay or partial impossibility is only permitted if the partial service already performed for the customer can be proven to be of no interest to the customer.
3.5. Even in case of agreed periods and deadlines, frost shall not be responsible for delivery and service delays as a result of force majeure. Force majeure shall be deemed to be war, riot, interferences of higher authority, industrial dispute measures, strike or lock-out, lack of raw materials or energy, as well as unavoidable operational or transport interruptions, such as power failures, fire, flooding, or the adverse effects of weather impairing transportation. This shall apply even where the aforementioned conditions occur at the subcontractors of frost or where frost is not supplied by the subcontractors despite appropriate contracts that would have covered the requirement incurred by the agreement with the customer. In such event, frost shall be entitled to postpone the delivery or service by the period of the hindrance plus a reasonable start-up period or to withdraw in whole or in part from the agreement as a result of the part not yet fulfilled.
3.6. frost shall be entitled to make partial deliveries and perform partial services at any time as long as this is reasonable for the customer.
4. Prices and Shipping Costs
4.1. All prices include the statutory value-added tax.
4.2. Customs duties and fees for deliveries for deliveries outside of the EU shall be borne by the customer.
5. Payments, Offsetting, Retention
5.1. Payment for products ordered from frost is to be made by credit card (VISA, American Express, MasterCard), immediate bank transfer, (giropay, Sofortüberweisung.de) or PayPal. frost reserves the right to accept other forms of payment in individual cases as well as to exclude forms of payment in individual cases.
5.2. In the event of payment by credit card (VISA, American Express and MasterCard) the data will be transmitted using Secure Socket Layer (SSL) encoding technology to B+S Card Service GmbH in Frankfurt a.M. The customer will be charged the purchase price when the order is accepted. The transfer of data may take several minutes and must not be interrupted by the customer, e.g. by means of updating the browser page. Otherwise, this may lead to the credit card being charged twice. frost will issue refunds in justified cases within a maximum of 14 days of the reporting of any duplicate transactions to frost by the customer. Any costs incurred as a result of chargebacks initiated by the customer shall be passed on to the customer. In the event of credit card chargebacks that are not justified, a processing fee (usually 25.00 Euro) shall be charged. frost shall pass this fee on to the customer accordingly.
5.3. The customer shall only be entitled to offsetting if his or her receivables are undisputed or have been legally determined. Any retention of payments by the customer as a result of counterclaims from other contractual relations is excluded.
6. Reservation of Title
The goods shall remain the property of frost until they have been paid for in full. Prior to the transfer of ownership, no further sale, rental, pledging, assignment as security, processing, or reconfiguration is permitted without the express consent of frost.
7.1. If the purchased product is defective, the customer is entitled to claims due to defects during the statutory period of limitation.
7.2. In the event that a customer is a contractor, namely that the order is in pursuance of the customer’s commercial or independent professional activity, claims for defects shall lapse within 12 months from delivery of the goods. This does not include any claims relating to death, personal injury or impaired health on the basis of a negligent breach of duty by frost or an intentional or negligent breach of duty by a legal representative or vicarious agent of frost.
7.3. If usage and maintenance advice issued by frost is not followed, if the products are modified, parts are exchanged, or consumables are used that do not comply with the original specifications, or if interventions are performed on parts for which this is not expressly authorized, the warranty will not apply if defects have arisen as a result of the aforementioned.
7.4. The customer’s claims based on defects remain unaffected in the event of the existence of a warranty for the ordered goods.
8. Right of Cancellation
If the customer is a natural person domiciled in a country of the European Union who enters into a legal transaction for a purpose that can neither be attributed to commercial nor to independent professional activity (consumer), the customer is entitled to the right of cancellation according to § 312g in conjunction with § 355 of the German Civil Code.
Right of Cancelation
Consumer that are entitled to the right of cancellation according to § 312g in conjunction with § 355 of the German Civil Code have the right to cancel this agreement within fourteen days without giving any reasons. The cancellation period is fourteen days from the date on which the goods are or have been taken into possession by you or a third party named by you who is not the carrier. In the case of a contract for various goods that you have ordered with a single order and which are delivered separately, the cancellation period is fourteen days from the date on which the last of the goods is or has been taken into possession by you or a third party named by you who is not the carrier.
To exercise your right of cancellation, you must inform us (PM Frost GmbH, Mättich 29A, 77880 Sasbach, Germany) by means of a clear statement (e.g. with a letter sent by post, fax or email) of your decision to cancel this agreement. Here, you can make use of the enclosed standard cancellation form, which is not mandatory, however. The timely dispatch of the notice of cancellation, i.e. before the cancellation deadline, shall be deemed sufficient for compliance with the cancellation deadline.
Consequences of cancellation
In the event of the cancellation of this agreement, all payments that we have received from you, must be repaid immediately at the latest within fourteen days from the date on which the notice is received of your cancellation of this agreement with us. We inform you that the delivery costs caused by the cancellation are to pay by consumer according § 357 of the German Civil Code.
For this repayment, we use the same method of payment that you used for the initial transaction, unless you explicitly agreed otherwise; in no case you will be charged any fees for this repayment. We may withhold the repayment until we have received the goods or until you have supplied evidence that you have returned the goods, whichever is the earlier.
You must return or transfer the goods promptly, and in any event not later than fourteen days from the date on which you notify us of your cancellation of this agreement, to PM Frost GmbH, Mättich 29A, 77880 Sasbach, Germany. The deadline shall be deemed to have been met if you dispatch the goods before the expiry of the period of fourteen days. You will bear the direct costs of the return of the goods.
You shall only be liable for any diminished value of the goods resulting from handling other than what is necessary to ascertain the nature and functioning of the goods.
End of Cancelation Notice
For returns after the exercising of a right of cancellation or as a result of defects, the customer is requested to proceed as follows:
1. Please send your return enquiry including a description of the defect or a statement of your request for cancellation to firstname.lastname@example.org.
2. The product must be packaged in the original packaging (this shall only apply in case of cancellation in due time), the original shipping packaging or similar damage-resistant packaging, so that the original packaging of the product is not damaged. All of the product parts must be included. The package may be returned from any post office branch to this given recipient address: Webshop PM Frost GmbH | Mättich 29A | 77880 Sasbach, Germany.
10. Ordering process and correction of input errors in our webshop
10.1. You can view products in our webshop by clicking on them. If you would like to order one or more of the selected products, then click on “Add to basket”. The products that you have selected are displayed by clicking once on the basket symbol. You then have the option to continue shopping and to place further items in your shopping basket. The number of items to be ordered is limited to customary commercial quantities. If you have placed all the goods that you want to purchase in your shopping cart, click on “Checkout”. You will then be guided through our ordering process. In order to proceed, you can register as a customer or log in with an existing customer account. Following this step, you can specify the desired payment method. Before you place your binding order, we will display the information about the selected goods, the unit price, shipping costs, the total price, as well as the chosen method of payment.
10.2. You can correct input errors that arise during the order process at any time by clicking the fields displaying the respective stage of the ordering process – thus allowing you to navigate forwards or backwards – or by clicking the browser’s “Back” button. In addition, in the “Verify and Confirm” page, you can make direct changes to your shopping cart, billing- and shipping address and payment method by clicking on the respective fields.
11. Language of the Agreement, Applicable Law and Place of Jurisdiction
11.1. The agreement can be entered into in German or English language. Any and all disputes arising from the legal relationship existing between the customer and frost shall be subject to the laws of the Federal Republic of Germany. For consumers, this choice of law applies only insofar as the protection granted is not withdrawn on the basis of mandatory provisions of the law of the State in which the consumer has his or her habitual place of residence. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
11.2. Where a private end consumer is not resident within the European Union, the place of jurisdiction shall be the place of our registered office.
Last updated September 2017 PM Frost GmbH