Terms of service

Table of Contents

1. Article 1 – Definitions
2. Article 2 – Identity of the Entrepreneur
3. Article 3 – Applicability
4. Article 4 – The Offer
5. Article 5 – The Agreement
6. Article 6 – Right of Withdrawal
7. Article 7 – Costs in Case of Withdrawal
8. Article 8 – Exclusion of the Right of Withdrawal
9. Article 9 – Prices
10. Article 10 – Conformity and Warranty
11. Article 11 – Delivery and Performance
12. Article 12 – Payment
13. Article 13 – Governing Law
14. Article 14 – Additional or Deviating Provisions
15. Article 15 – Complaints Procedure
16. Article 16 – Liability
17. Article 17 – Force Majeure

Article 1 – Definitions

In these Terms and Conditions, the following definitions apply:

• Consumer: the natural person who is not acting in the exercise of a profession or business.
• Entrepreneur: Innova Retail, trading as ICED OUT.
• Distance agreement: an agreement concluded without the simultaneous physical presence of the consumer and the entrepreneur, using distance communication.
• Cooling-off period: the period during which the consumer may exercise the right of withdrawal.
• Right of withdrawal: the statutory right of the consumer to withdraw from the agreement.
• Custom-made product: a product manufactured according to the consumer’s specifications or clearly personalized, including but not limited to engraved, size-specific, or made-to-order jewelry.

Article 2 – Identity of the Entrepreneur

Article 3 – Applicability

1. These Terms and Conditions apply to all offers, orders, and distance agreements between ICED OUT and the consumer.
2. Before concluding the agreement, these Terms and Conditions are made available to the consumer in a manner that allows storage on a durable data carrier.
3. If additional product- or service-specific conditions apply, the provision most favorable to the consumer shall prevail.
4. If any provision of these Terms is found invalid or unenforceable, the remaining provisions shall remain fully in force.

Article 4 – The Offer

1. All offers are non-binding and subject to availability.
2. Product descriptions, images, dimensions, materials, and finishes are provided as accurately as possible but remain indicative.
3. Minor variations may occur due to handcrafted or custom production and do not constitute a defect.
4. Obvious mistakes or errors do not bind the entrepreneur.
5. Prices include VAT unless explicitly stated otherwise.

Article 5 – The Agreement

1. The agreement is concluded when the consumer places an order and payment is successfully completed.
2. Orders placed electronically are confirmed electronically.
3. ICED OUT reserves the right to refuse or cancel an order if execution is not reasonably possible.

Article 6 – Right of Withdrawal

1. For standard (non-custom) products, the consumer may withdraw within 14 days after receipt.
2. The product must be handled with care during the cooling-off period.
3. The product may only be used to assess its nature and characteristics.
4. Returns must be unused and in original condition where reasonably possible.

Article 7 – Costs in Case of Withdrawal

1. The consumer bears the direct return costs.
2. Refunds are issued within 14 days after receipt or proof of return.
3. Refunds are made using the original payment method.
4. The consumer is liable for value reduction caused by excessive handling.

Article 8 – Exclusion of the Right of Withdrawal

The right of withdrawal does not apply to:

• Custom-made or personalized jewelry
• Made-to-order items, including engraved or size-specific products

Production of custom-made products starts immediately after the order is placed. This exclusion is applied strictly in accordance with EU consumer legislation.

Article 9 – Prices

1. Prices will not be increased during the offer period, except due to VAT or legal changes.
2. Obvious pricing errors do not bind ICED OUT.

Article 10 – Conformity and Warranty

1. Products must conform to the agreement and legal standards at delivery.
2. Manufacturer warranties do not affect statutory rights.
3. Defects must be reported within a reasonable time after discovery.

Article 11 – Delivery and Performance

1. Orders are delivered to the provided address.
2. Delivery times are indicative, especially for custom products.
3. Delivery will occur no later than 30 days after ordering unless agreed otherwise.
4. If delivery is delayed, the consumer may agree to a new date or cancel.
5. Refunds after cancellation are made within 14 days.
6. Risk transfers upon delivery.

Article 12 – Payment

1. Payment must be completed using available checkout methods.
2. Incorrect payment details must be reported without delay.

Article 13 – Governing Law

All agreements are governed by Dutch law. The CISG does not apply.

Article 14 – Additional or Deviating Provisions

Additional provisions may not be detrimental to the consumer and must be recorded on a durable medium.

Article 15 – Complaints Procedure

1. Complaints must be submitted clearly within a reasonable time after discovery.
2. Complaints will be answered within 14 days or acknowledged with a response timeframe.

Article 16 – Liability

1. ICED OUT is liable only for direct damage caused by intent or gross negligence.
2. ICED OUT is not liable for indirect or consequential damage.
3. Mandatory consumer rights remain unaffected.

Article 17 – Force Majeure

1. ICED OUT is not obliged to perform if prevented by force majeure.
2. This includes supplier issues, transport delays, customs, strikes, or government actions.