General terms and conditions of business

GENERAL TERMS AND CONDITIONS OF

www.iconic-tools.de

Welcome to Iconic Tools!

1. Scope and provider

(1) These General Terms and Conditions (hereinafter referred to as "GTC") govern the sale of products and services by Iconic Tools (hereinafter referred to as "Provider") to you, in the version valid at the time of the order.

(2) Any deviating general terms and conditions of the purchaser will be rejected.

(3) Please read these Terms and Conditions carefully before placing an order with Iconic Tools. By placing an order with Iconic Tools, you agree to the application of these Terms and Conditions to your order.

(4) On Iconic Tools we offer the sale of the following products:

Tools

(5) On Iconic Tools we offer you the following services:

Social media management and content creation

2. Conclusion of the contract

(1) Contracts on this portal can only be concluded in German.

(2) The offers are aimed exclusively at end customers with a billing and delivery address in Germany.

For individual bulky items, the possible delivery addresses and delivery location may be limited; the restriction is indicated in the respective list price.

(3) The purchaser must be at least 18 years old.

(4) The presentation of the goods in the online shop does not constitute a legally binding offer. By presenting the goods, the customer is merely invited to make an offer.

(5) Your order constitutes an offer to Iconic Tools to conclude a purchase contract. The customer submits a binding offer when he has completed the online ordering process by entering the requested information and clicking the "buy" button in the last step of the order process.

(6) The purchase contract between the provider and the purchaser is only concluded upon a declaration of acceptance by the provider. This occurs at the earlier of the two dates: either dispatch of the goods or sending a shipping confirmation via email. Please note that the confirmation of receipt of your order does not constitute a declaration of acceptance in the aforementioned sense.

(7) The validity of contracts for quantities larger than typical household quantities, as well as the commercial resale of the purchased item, requires express confirmation from the provider. This applies both to the number of products ordered within one order and to the placing of multiple orders for the same product, where the individual orders comprise a typical household quantity.

(8) Your orders will be stored by us after the contract has been concluded. If you lose your order records, please contact us by email or phone. We will send you a copy of the order data.

(9) Access to the Iconic Tools service requires registration.

(10) By registering, the customer accepts these General Terms and Conditions. Upon registration, a contractual relationship is established between Iconic Tools and the registered customer, which is governed by the provisions of these General Terms and Conditions.

(11) The presentation of the service on the website does not constitute a legally binding offer. By presenting the service, the customer is merely invited to make an offer.

(12) By ordering a paid service, the registered customer enters into a separate contractual relationship with Iconic Tools. The user will be informed about the respective paid service and the payment terms before concluding this contractual relationship. The contractual relationship is established when the customer confirms the order and payment obligation by clicking the "buy" button.

(13) You agree to receive invoices electronically. Electronic invoices will be made available to you via email or in your customer account on the website. We will inform you for each delivery and service whether an electronic invoice is available. Further information about electronic invoices is available on our website.

3. Prices and shipping costs

(1) Our prices include the applicable statutory value-added tax and include a flat shipping fee and a shipping surcharge. Shipping surcharges vary depending on the delivery method and the nature of the item.

(2) Despite our best efforts, a small number of products in our catalog may be mispriced. We will verify prices when processing your order and before charging your payment. If a product is mispriced and the correct price is higher than the price shown on the website, we will contact you before dispatching the goods to ask if you wish to purchase the product at the correct price or cancel your order. If a product's correct price is lower than our stated price, we will charge the lower amount and ship you the product.

(3) The prices valid at the time of the order apply. If list prices are available, the prices valid at the time of the order apply.

(4) To use Iconic Tools, you must first register.

(5) In order to purchase the services of the website, the user must register and create a user account.

(6) If the user wishes to use a paid service, he or she will be informed in advance of the charge. In particular, the respective additional scope of services, the applicable costs, and the method of payment will be listed.

(7) The provider reserves the right to charge different fee models for different booking times and user groups and in particular for different periods of use, as well as to offer different scopes of services.

4. Delivery and cancellation

(1) Unless otherwise agreed, delivery will be made to the delivery address specified by the customer. Information regarding the availability of products sold by Iconic Tools can be found on the website (e.g., on the respective product detail page). Please note that all information regarding availability, shipping, or delivery of a product is only estimated information and approximate guidelines. They do not constitute binding or guaranteed shipping or delivery dates, unless this is expressly stated as a binding date in the shipping options for the respective product.

(2) If Iconic Tools determines during the processing of your order that products you have ordered are not available, you will be notified separately via email or a message in your customer account. The customer's statutory rights remain unaffected.

(3) If delivery to the customer is not possible because the delivered goods do not fit through the customer's entrance door, front door or staircase or because the customer cannot be found at the delivery address provided by him, although the delivery time was announced to the customer with a reasonable period of time, the customer shall bear the costs for the unsuccessful delivery.

(4) Delivery will be made according to the customer's payment method. In the case of advance payment, delivery will be made after the payment order has been issued to the transferring bank. In the case of payment via PayPal, credit card, gift card, direct debit, instant bank transfer, or invoice, delivery will be made after the contract has been concluded.

(5) If your order is shipped in more than one package, you may receive a separate shipping confirmation for each package. In this case, a separate purchase contract will be concluded between us for each shipping confirmation for the products listed in the respective shipping confirmation. The contractual partner is Iconic Tools. Notwithstanding your right of withdrawal, you may cancel your order for a product free of charge at any time before the corresponding shipping confirmation is sent.

5. Payment terms

(1) Any fees due shall be paid to Iconic Tools in advance, at the due date, without deduction.

(2) The customer may pay for the goods or services using the following payment methods:

• Paypal
• Google Pay
• Apple Pay
• credit card
• Instant bank transfer

(3) Certain payment methods may be excluded by the provider in individual cases.

(4) The customer is not permitted to pay for the goods or services by sending cash or checks.

(5) If the customer chooses an online payment method, the customer hereby authorises the provider to collect the amounts due at the time of the order.

(6) If the provider offers payment in advance and the customer chooses this payment method, the customer must transfer the invoice amount to the provider's account within five calendar days of receiving the order. The provider will reserve the goods accordingly for five calendar days.

(7) If the provider offers payment by credit card and the customer chooses this payment method, the customer expressly authorizes the provider to collect the amounts due.

(8) If the provider offers payment by direct debit and the customer chooses this payment method, the customer grants the provider a SEPA basic mandate. If a payment transaction is reversed due to insufficient funds or incorrectly transmitted bank details, the customer shall bear the associated costs.

(9) If the provider offers payment in advance and the customer chooses this payment method, the customer undertakes to pay the invoice amount within 14 days of dispatch of the goods, without any deduction of any discount.

(10) Should the customer default on payment, the provider reserves the right to claim damages caused by the delay.

6. Registration and termination

(1) Furthermore, the customer declares that he and, to his knowledge, no member of his household has a criminal record for an intentional crime that endangers the safety of third parties, in particular not for a crime against sexual self-determination (§§ 174 ff. StGB), a crime against life (§§ 211 ff. StGB), a crime against physical integrity (§ 223 ff. StGB), a crime against personal freedom (§§ 232 ff. StGB), or for theft and embezzlement (§§ 242 ff. StGB) or robbery and extortion (§§ 249 ff. StGB) or for drug abuse.

(2) A user is entitled, subject to reservation, to unsubscribe at any time without stating a reason in writing by mail, email, or telephone. At the same time, the user has the option of completely and personally deactivating the user account within the data and settings. The previously concluded contractual relationship is thereby terminated.

(3) If a user has registered for a paid service, they can cancel at the latest before the booking period begins. If this deadline is not met, the paid service will be extended by the selected booking period, and the cancellation will not take effect until the end of the subsequent booking period. Cancellation is possible by phone, email, or letter and will be confirmed by us in writing. To ensure your cancellation can be assigned, the customer's full name, registered email address, and address must be provided.

(4) Iconic Tools may terminate the Agreement at any time, at its sole discretion, with or without prior notice and for any reason. Iconic Tools further reserves the right to remove profiles and/or any content posted on the Website by or from the User. If Iconic Tools terminates the User's registration and/or removes profiles or published content, Iconic Tools has no obligation to inform the User of this or the reason for the termination or removal.

(5) Following the termination of any individual use of the Iconic Tools services, Iconic Tools reserves the right to send notification of this to other registered users with whom Iconic Tools believes the user has been in contact. Iconic Tools's decision to terminate the user's registration and/or to notify other users with whom Iconic Tools believes the user has been in contact does not imply or in any way state that Iconic Tools makes any statements about the individual's character, general reputation, personal characteristics, or lifestyle.

(6) Users are obligated not to provide any intentional or fraudulent false information in their profile or in any other areas of the portal. Such information may result in civil action. Furthermore, the operator reserves the right to terminate the existing contractual relationship with immediate effect in such a case.

(7) If a user's access is blocked due to a culpable breach of contract and/or the contractual relationship is terminated, the user shall pay damages for the remaining term of the contract in the amount of the agreed fee less the saved expenses. The amount of the saved expenses shall be set at a flat rate of 10% of the fee. Both contracting parties remain free to prove that the damages and/or the saved expenses are actually higher or lower.

(8) After termination of the contractual relationship, all user data will be deleted by Iconic Tools.

7. Limitation of Liability (Services)

(1) Iconic Tools assumes no responsibility for the content and accuracy of the information in the registration and profile data of the purchasers or other content generated by the purchasers.

(2) With regard to the service sought or offered, the contract is concluded exclusively between the respective participating customers. Therefore, Iconic Tools is not liable for the services provided by participating customers. Accordingly, all matters relating to the relationship between the customers, including, without exception, the services received by a seeker or payments due to the customer, must be addressed directly to the respective party. Iconic Tools cannot be held responsible for this and hereby expressly rejects all liability claims of any kind, including claims, services, direct or indirect damages of any kind, conscious or unconscious, suspected or unsuspected, disclosed or undisclosed, in any way related to the aforementioned matters.

(3) Iconic Tools shall only be liable for damages resulting from injury to life, body or health if they are based on an intentional or negligent breach of duty by Iconic Tools or an intentional or negligent breach of duty by a legal representative or vicarious agent of Iconic Tools.

(4) For other damages, insofar as they are not based on the breach of cardinal obligations (such obligations the fulfilment of which is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely), Iconic Tools Europe shall only be liable if they are based on an intentional or grossly negligent breach of duty by Iconic Tools or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of Iconic Tools.

(5) Claims for damages are limited to foreseeable, contract-typical damages. In the event of delay, they shall not exceed 5% of the order value.

(6) Claims for damages based on injury to life, body, health or freedom shall become time-barred after 30 years; in all other cases, after 1 year, with the limitation period ending at the end of the year in which the claim arose and the creditor became aware of the circumstances giving rise to the claim and of the identity of the debtor or would have become aware of them without gross negligence (Section 199 (1) of the German Civil Code).

(7) The provider reserves the right to review the content of any text written by a user as well as any uploaded files for compliance with the law and, if necessary, to delete them in whole or in part.

8. Set-off and right of retention

(1) The customer shall only be entitled to set off claims if the customer’s counterclaim has been legally established or has not been disputed by the provider.

(2) The customer may only exercise a right of retention if your counterclaim is based on the same contractual relationship.

9. Retention of title

Iconic Tools reserves ownership of the goods until full payment has been made.

10. Transport damage

(1) If the purchaser receives the goods with obvious transport damage, the provider requests that he/she complain about this as soon as possible.

(2) Should the customer fail to file a complaint, this will have no consequences for the statutory warranty rights. The purpose of the complaint is to enable the provider to assert its own claims against the carrier.

11. Defects

(1) If the purchaser is a consumer, the warranty and liability for defects of the delivered item are governed by statutory provisions: Accordingly, purchasers in the European Union have warranty rights for a period of two years from delivery of the goods, in addition to their 30-day return guarantee, and can request the repair or replacement of products purchased from Iconic Tools if they prove to be defective or not as described. If the goods cannot be repaired or replaced within a reasonable time or without difficulty, you can request a refund or a reduction in the purchase price.

(2) In the case of used goods, the warranty period may be shorter than two years.

(3) If the purchaser is not a consumer, the defect shall be remedied by new delivery or new performance.

12. Limitation of Liability (Products)

(1) The provider is liable for claims for damages by the customer resulting from injury to life, body or health or from the breach of essential contractual obligations, as well as for other damages resulting from intentional or grossly negligent breach of duty by the provider or one of its legal representatives or vicarious agents.

(2) Essential contractual obligations are obligations whose fulfilment is necessary to achieve the purpose of the contract.

(3) The provider is liable for breaches of essential contractual obligations resulting from typical, foreseeable damages, provided the damage was caused by simple negligence. This limitation does not apply to claims for damages by the customer based on injury to life, body, or health.

(4) The provisions of the Product Liability Act remain unaffected.

(5) To the extent that Iconic Tools’ liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.

13. Cancellation policy

(1) If the purchaser is a consumer, he shall have a right of withdrawal in accordance with the following provisions:

(2) Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods (or the last goods, partial shipment or piece in the case of a contract for several goods of a single order or the delivery of one good in several partial shipments or pieces), without giving any reason.

The cancellation period for services is fourteen days from the date of conclusion of the contract.

To exercise your right of withdrawal, you must:

Iconic Tools
Jan & Julius Bobe
Building PE-285
Leopoldstrasse 2–8
32051 Herford

Email: info@iconic-tools.de

by means of a clear statement (e.g., a letter sent by post, fax, or email) of your decision to withdraw from this contract. You can use the sample withdrawal form on our website or send us another clear statement. If you make use of this option, we will immediately send you confirmation of receipt of such a withdrawal (e.g., by email).

To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period and that you have returned the goods via our online returns center within the period defined below.

(3) Consequences of revocation

If you cancel this contract, we will reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), promptly and at the latest within 14 days from the day on which we received notification of your cancellation of this contract. For this reimbursement, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this reimbursement.

If you have requested that the services begin during the cancellation period, you must pay us an appropriate amount corresponding to the proportion of the services already provided up to the point at which you notify us of the exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided for in the contract.

We may refuse to refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier.

You must return or hand over the goods promptly and in any event no later than 14 days from the date on which you notify us of the cancellation of this contract to

Iconic Tools
Jan & Julius Bobe
Building PE-285
Leopoldstrasse 2–8
32051 Herford

Email: info@iconic-tools.de

You must return or hand over the goods. This deadline is met if you send the goods before the expiry of the 14-day period. You will bear the direct cost of returning the goods.

(4) Exceptions to the right of withdrawal

You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.

The right of withdrawal does not exist or expires for the following contracts:

• for the supply of goods which are not suitable for return for reasons of health protection or hygiene and whose seal has been removed after delivery or which, due to their nature, have been inseparably mixed with other goods after delivery;
• for the supply of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery;
• for the delivery of goods that are manufactured according to customer specifications or are clearly tailored to personal needs
• for the supply of goods which are liable to spoil quickly or whose expiry date would be quickly exceeded;
• for services, if Iconic Tools has fully provided them and you have acknowledged and expressly agreed before ordering that we can start providing the service and you lose your right of withdrawal upon full performance of the contract;
• for the delivery of newspapers, magazines or magazines, with the exception of subscription contracts; and
• for the supply of alcoholic beverages, the price of which was agreed upon when the purchase contract was concluded, but which cannot be delivered until after 30 days and whose current value depends on fluctuations in the market over which the trader has no influence.

14 . Exclusion of the right of withdrawal

(1) The right of withdrawal does not apply to contracts

• for the supply of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
• for the supply of goods which are liable to spoil quickly or whose expiry date would be quickly exceeded;

(2) The right of withdrawal expires prematurely for contracts

• for the supply of sealed goods which, for reasons of health protection or hygiene, are not suitable for return if their seal has been removed after delivery;
• for the delivery of goods if, after delivery, they have been inseparably mixed with other goods due to their nature;
• for the supply of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery.

15. Place of jurisdiction and applicable law

(1) Any differences of opinion and disputes arising from this contract shall be governed exclusively by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.

(2) The sole place of jurisdiction for orders from merchants, legal entities under public law or special funds under public law is the registered office of the provider.

16. Final provisions

(1) The contract language is German.

(2) We do not offer any products or services for purchase by minors. Our children's products can only be purchased by adults. If you are under 18, you may use Iconic Tools only with the involvement of a parent or guardian.

(3) If you breach these Terms and Conditions and we do not take action, we will still be entitled to exercise our rights on any other occasion on which you breach these Terms and Conditions of Sale.

(4) We reserve the right to make changes to our website, rules, and terms, including these Terms and Conditions, at any time. Your order will be subject to the terms of sale, contractual terms, and terms and conditions in effect at the time you place your order, unless a change to these terms and conditions is required by law or government order (in which case, they will also apply to orders you have previously placed). If any provision of these Terms and Conditions is invalid, void, or unenforceable for any reason, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

(5) The invalidity of any provision shall not affect the validity of the remaining provisions of the contract. Should this occur, the provision shall be replaced by another legally permissible provision that corresponds to the meaning and purpose of the invalid provision.