Terms & Conditions

General terms and conditions FREEEZY

1. Scope & contractual partner

1.1 These General Terms and Conditions (GTC) apply to all contracts concluded between FREEEZY and your company (“ Customer ”), in particular for orders placed via our website and our online shop. Deviating provisions shall only apply if they have been agreed upon in writing between FREEEZY and the Customer. The Customer agrees that, in the event of any conflict between the Customer's GTC and the Customer's terms and conditions, FREEEZY's GTC shall prevail, even if the Customer's terms and conditions remain unchallenged.

1.2 The owner of the website freeezy.at and the contractual partner of the customer is

SWEET DEPOT DG GMBH (“FREEEZY” for short)

Franz-Werfel-Strasse 6
3100 St. Pölten
Austria

UID: ATU 76805067

www.sweetdepot.at

Email: office@freeezy.at

1.3 Names of persons include women and men equally.

1.4 The contractual partner (“ Customer ”) of FREEEZY is generally the company placing the order. By providing its VAT identification number, the Customer confirms that it is an entrepreneur within the meaning of Section 1 of the Austrian Commercial Code (UGB). Should it transpire otherwise, FREEZY is entitled to withdraw from the contract at any time.

1.5 Right to Amend : FREEEZY reserves the right to update and amend these Terms and Conditions ("Amendment"). The Terms and Conditions valid at the time of ordering, available at freeezy.at/allgemeine_geschaeftsbedingungen/ , shall apply.

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

2. Offers and contract conclusion

2.1 All offers from FREEEZY on its website or in the online shop are non-binding and 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. Images of the products are only symbolic photos.

2.2 The products are basically products for commercial use. Accordingly, individual machines are supplied, for example, with the corresponding power connection cable, but without a plug. The customer cannot derive any claims against FREEEZY from this. All ice machines must have an extra fuse and the ice machines must be properly and directly connected without extension. FREEEZY recommends having the connection made by a licensed specialist company (electrician). This also applies to point 7.3. We are happy to provide a selected technician on a flat-rate basis. 

2.3 The presentation of the products in the online shop does not yet represent an offer from FREEEZY. The customer only makes a binding offer by placing an order.

2.4 The sending of an electronic order confirmation by FREEEZY does not yet constitute an acceptance of the offer. A contract is only concluded with the express acceptance by FREEEZY (e.g. through a delivery notification or at the latest when the goods are handed over to the carrier or buyer or the goods are picked up by the Customer).

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

2.6 Cost estimates are generally chargeable. A fee paid for the cost estimate will be credited if an order is placed on the basis of this cost estimate.

3. Prices, shipping costs & terms of payment

3.1 Prices : The prices displayed on the FREEEZY website on the day of the order apply. This also applies to repeat orders not placed via the website.

3.2 Unless expressly stated otherwise, prices are net prices excluding VAT, shipping costs, and packaging (e.g., pallets). Shipping costs can be found in our shipping cost overview: https://freeezy.at/versand-lieferung/ The buyer is always responsible for the costs of any special shipping (e.g., express).

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

3.4 In principle, the customer has to bear all import and export expenses including any customs duties, fees and charges in full. 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
• PayPal
• Credit cards (VISA, Mastercard)
• IMMEDIATE RELEASE

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

3.7 Default Interest & Collection Costs : In case of late payment, interest of 10% per annum will be charged. FREEEZY reserves the right to claim further damages. In addition, the customer is liable for the costs incurred by the necessary intervention of a lawyer in accordance with the Austrian Lawyers' Fees Act (RATG).

3.8 Payments received by FREEEZY are first offset against compound interest, then against interest and incidental expenses and finally against the outstanding capital.

3.9 Official company name and changes to the billing address: The official company name of the buyer must be stated with every order. For subsequently requested changes to the billing address or other invoice corrections, we charge a flat rate of €5 per change.

4. Retention of title

4.1 The goods remain the property of FREEEZY until they have been paid for in full. In the event of default in payment by the customer, FREEEZY is entitled to assert its rights from the retention of title. The assertion of the retention of title only constitutes a withdrawal from the contract if this is expressly declared.

4.2 If the buyer resells the goods, he assigns to FREEEZY all claims from the resale against a third party up to the amount of the agreed purchase price, including delivery costs and any reminder fees and default interest, regardless of any default in payment. In this case, the customer must notify his customer and provide FREEEZY with the necessary data so that it can enforce its claims.

5. Delivery & default of acceptance

5.1 Delivery Time : Unless otherwise agreed, FREEEZY endeavors to ship the goods within 5 business days of order confirmation. Any known, differing delivery times will be indicated on the respective product page. The customer is not entitled to any claims arising from delivery delays unless these were caused by gross negligence or willful misconduct on the part of FREEEZY.

5.2 Delivery : Delivery is carried out either by a logistics partner selected by FREEEZY (approved transport company) or by FREEEZY itself. FREEEZY reserves the right to deliver the order in partial shipments. Any additional costs incurred as a result will be borne by FREEEZY. The customer bears the risk of transport.

5.3 Default of Acceptance : If the buyer is in default of acceptance, FREEEZY is entitled to store the goods. A storage fee of €5 per commenced calendar day will be charged for this. At the same time, FREEEZY retains the right to insist on performance of the contract. This does not release the buyer from their payment obligation. Alternatively, FREEEZY is entitled, after setting a reasonable grace period (e.g., 14 days), to withdraw from the contract and dispose of the goods elsewhere; in this case, a contractual penalty of 30% of the invoice amount, but at least €500, is also deemed agreed. The costs incurred due to the default of acceptance (e.g., return transport, redelivery, legal fees, and collection costs) must in any case be paid by the buyer.

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 difficulties arise in the manufacture or delivery of the goods through no fault of FREEEZY. The customer cannot derive any claims (e.g. damages) from this.

6.2 In the event of a cancellation by the customer, cancellations are only possible in exceptional cases and require the written consent of FREEEZY. Unless otherwise agreed, a cancellation fee of 30% of the purchase price will be charged if the cancellation is approved. Please note that special products, in particular individual orders made to customer specifications or specially ordered products, cannot be canceled as a matter of principle.

7. Liability, warranty and compensation

7.1 Unless a warranty can be excluded due to the product, the provisions on the statutory warranty apply, whereby the period for asserting any material defects to FREEEZY is shortened to six months. The customer has to prove that the defect existed at the time of delivery.

7.2 The customer must immediately inspect the goods accepted for any defects and, if such a FREEEZY is discovered, notify the supplier immediately and in writing (at the latest within three days of acceptance) or notify the supplier of this upon acceptance. During this time, the customer has to store the possibly defective product adequately and without the risk of any damage at his own expense. The customer assumes the related effort.

7.3 Defects in the goods do not include damage caused by the customer as a result of improper and non-contractual treatment or due to non-compliance with the manufacturer's operating instructions. Likewise, properties of the goods are not considered to be a defect if they do not impair the functionality of the goods and also do not represent a visual impairment relevant to the intended use (e.g. scratches on the housing of an ice machine, different color or noises from machines / noise level). A missing connector does not count as a defect (see point 2 above). Deviations from the specified maximum amount of ice cream that can be produced (liters) in the single-digit percentage range are also possible due to external factors that cannot be influenced by FREEEZY (e.g. power supply, proportion of whipped cream, etc.) and do not yet represent a defect.

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

7.5 FREEEZY is liable for personal injury caused by the at least slightly negligent and illegal behavior of FREEEZY. In addition, FREEEZY is only liable if the customer can prove at least grossly negligent behavior on the part of FREEEZY.

7.6 In particular, FREEEZY is not liable for indirect damage, lost profit, loss of interest, lack of savings, consequential and financial damage or damage from claims by third parties. This also applies in particular in the event of delivery of defective goods or default in delivery.

7.7 If - for whatever case - a penalty has been agreed upon at the expense of FREEEZY, this is subject to the judicial right of moderation and the assertion of damages beyond the penalty is mutually excluded.

7.8 Any liability on the part of FREEEZY shall become statute-barred six months after the purchaser becomes aware of the damage and the damaging party, at least three years after the service or delivery has been performed.

7.9 Any recourse claims made against FREEEZY under the title "Product Liability" within the meaning of the PHG are excluded, unless the person entitled to recourse can prove that the error was caused by FREEEZY and was at least grossly negligent.

7.10 The illustration can differ slightly from the original.

7.11 No returns can be made for incorrect orders, “not like” or other non-specific return reasons. Please insure yourself in advance about your purchase. In the event of damage to any wearing parts, the device will be checked and said parts will be replaced. 

8. Offsetting and retention

8.1 Offsetting against our claims with counterclaims - of whatever kind - is excluded.

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

9. Written form and confidentiality

9.1 All agreements, subsequent changes, additions, subsidiary agreements, etc. must be made in writing to be valid, an e-mail being sufficient.

9.2 The customer undertakes to keep the knowledge gained from the business relationship confidential to third parties. Passing on data that is not publicly known (e.g. price conditions, technical documents, etc.) entitles FREEEZY to claim a penalty of € 1.500 per violation. The assertion of any further damage remains unaffected.

10. Naming for reference

10.1 The customer consents to his name or company name being mentioned as a reference on the website or in other documents or in any other external communication by FREEEZY. This also includes the use of the corresponding company logo.

10.2 The customer can object to this use for the future at any time and without giving reasons. There is no entitlement to the destruction of advertising material that has already been produced and / or put into circulation.

11. Applicable law, place of jurisdiction & severability clause

11.1 Austrian substantive law applies exclusively to the exclusion of the UN sales law. The contract language is German.

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

11.3 Should any provision of these terms and conditions be or become fully or partially legally ineffective or unenforceable, this shall not affect the legal effectiveness of all other business provisions. The contracting parties will replace the legally ineffective or unenforceable provision with an effective and enforceable provision that comes as close as possible in terms of content and purpose.

12. Privacy Policy

12.1 Protecting your data is important to us. You can find details in our privacy policy, available at freeezy.at/datenschutz.