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Terms and Conditions

Terms and conditions points 1-12 only apply to online orders.

1. Scope of application

The following General Terms and Conditions apply to all orders placed via our online shop by consumers and entrepreneurs.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.

These General Terms and Conditions also apply to future business relationships with entrepreneurs without us having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall only become part of the contract if we have expressly agreed to them.

2. Contractual partner, conclusion of contract, online dispute resolution

The purchase contract is concluded with Eisberg Machinery and Trading UG.

By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially place our products in your shopping basket without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping basket by clicking on the order button. Immediately after submitting your order, you will receive another confirmation by e-mail.

3. Contract language, contract text storage

The language available for the conclusion of the contract is German.

We will store the contract text and send you the order details and our General Terms and Conditions by e-mail. You can view the contract text in our customer login area.

4. Delivery terms

Shipping costs are added to the product prices quoted. Further information on shipping costs can be found in the offers.

You have the option of collecting your order from Eisberg Machinery and Trading UG, Furtwänglerweg 30, D-63911 Trennfurt, Germany, during the following business hours: Monday to Friday from 8:00 a.m. to 5:00 p.m., except on public holidays. Please make an appointment before collection so that we can prepare the goods for you.

We do not deliver to parcel stations.

The delivery time from the date of dispatch is approximately 14 working days after receipt of payment on the next working day. For other payment methods, the period begins on the day after the contract is concluded and ends at the end of the last working day of the period. If the last day of the period falls on a Saturday, Sunday or a public holiday at the place of delivery or on a bridge day, this day shall be replaced by the next working day.

5. Payment
The following payment methods are generally available in our shop:

Prepayment
If you select prepayment as your payment method, we will send you our bank details in a separate email and deliver the goods after receipt of payment.

PayPal Plus
As part of the PayPal Plus payment service, we offer you various payment methods as PayPal Services. You will be redirected to the website of the online provider PayPal. There you can enter your payment details, confirm the use of your data by PayPal and confirm the payment instruction to PayPal.

If you have chosen PayPal as your payment method, you must be registered there or first register and authenticate yourself with your access data in order to pay the invoice amount. The payment transaction is carried out automatically by PayPal immediately after confirmation of the payment instruction. You will receive further information during the ordering process.

If you have chosen the credit card payment method, you do not need to be registered with PayPal in order to pay the invoice amount. The payment transaction will be carried out by your credit card company at PayPal’s request immediately after confirmation of the payment instruction and after you have authenticated yourself as the legitimate cardholder, and your card will be charged. You will receive further information during the ordering process.

If you have chosen direct debit as your payment method, you do not need to be registered with PayPal in order to pay the invoice amount. By confirming the payment instruction, you issue PayPal with a direct debit mandate. PayPal will inform you of the date on which your account will be debited (known as prenotification). By submitting the direct debit mandate immediately after confirming the payment instruction, PayPal instructs its bank to initiate the payment transaction. The payment transaction is carried out and your account is debited. You will receive further information during the ordering process.

Sofort
After placing your order, you will be redirected to the website of the online provider Sofort GmbH. In order to pay the invoice amount via Sofort, you must have an online banking account with PIN/TAN procedure that is activated for participation in Sofort, identify yourself accordingly and confirm the payment instruction to us. You will receive further information during the ordering process. The payment transaction will be carried out immediately afterwards by Sofort and your account will be debited.

6. Retention of title
The goods remain our property until full payment has been made.

The following also applies to entrepreneurs: We retain ownership of the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale – irrespective of any combination or mixing of the goods subject to retention of title with a new item – in the amount of the invoice amount, and we accept this assignment. You remain authorised to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.

7. Transport damage
The following applies to consumers:
If goods are delivered with obvious transport damage, please report such defects to the delivery agent as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you help us to assert our own claims against the carrier or transport insurance company.

The following applies to businesses:
The risk of accidental loss and accidental deterioration is transferred to you as soon as we have delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. Among merchants, the obligation to inspect and give notice of defects as regulated in § 377 HGB (German Commercial Code) applies. If you fail to give notice as regulated therein, the goods shall be deemed to have been approved, unless there is a defect that was not apparent during the inspection. This shall not apply if we have fraudulently concealed a defect.

8. Warranty and guarantees
Unless expressly agreed otherwise below, the statutory liability for defects shall apply.

When goods are purchased by consumers, the following applies: if the defect occurs after one year from delivery of the goods, claims for defects are excluded. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period of two years from delivery of the goods.

For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The statutory limitation periods for recourse claims under Section 445a of the German Civil Code (BGB) remain unaffected.
With regard to entrepreneurs, only our own information and the manufacturer’s product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we accept no liability for public statements made by the manufacturer or other advertising claims.

If the delivered item is defective, we shall initially provide warranty to entrepreneurs at our discretion by remedying the defect (repair) or by delivering a defect-free item (replacement delivery).

The above restrictions and shortened deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents.

  • in the event of injury to life, limb or health
  • in the event of intentional or grossly negligent breach of duty and malice
  • in the event of breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
  • within the scope of a guarantee promise, if agreed
  • to the extent that the scope of application of the Product Liability Act is opened up.

Information on any additional guarantees that may apply and their exact terms and conditions can be found with the product and on special information pages in the online shop.

Customer service: You can contact our customer service team with any questions, complaints or objections on weekdays from 9:00 a.m. to 6:00 p.m. on +4993732009950 or by email at info@noopo-powerdrink.de.

9. Liability
We shall always be liable without limitation for claims arising from damage caused by us, our legal representatives or vicarious agents.

  • in the event of injury to life, limb or health,
  • in the event of intentional or grossly negligent breach of duty,
  • in the case of warranty promises, if agreed, or
  • insofar as the scope of application of the Product Liability Act applies.

In the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely, (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited to the amount of damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.

10. Dispute resolution
The European Commission provides a platform for online dispute resolution (ODR), which you can find here: https://ec.europa.eu/consumers/odr/.
We are prepared to participate in out-of-court arbitration proceedings before a consumer arbitration board.
The competent body is the General Consumer Arbitration Board of the Centre for Arbitration e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de.

11. Protection of minors
If your order includes goods whose sale is subject to age restrictions, we use a reliable procedure involving personal identity and age verification to ensure that the customer has reached the required minimum age. The delivery agent will only hand over the goods after age verification has been completed and only to the customer personally.

12. Final provisions
If you are an entrepreneur, German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.

If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our registered office.

SPECIAL TERMS AND CONDITIONS FOR SPECIAL BOTTLING AND INDIVIDUAL SERVICES

13. Prices and payment terms
1. Unless otherwise agreed, the prices quoted by Eisberg Machinery and Trading UG are exclusive of packaging and ex works Trennfurt. Packaging and transport costs shall be borne by the customer. In business transactions with entrepreneurs, prices are also net, plus statutory value added tax. Confirmed prices are only valid if the confirmed quantity is purchased.

2. Unless otherwise agreed, the purchase price is due for payment without deduction in advance of the invoice date (date of invoice). Any deviating payment terms are stated in the invoice. Eisberg Machinery and Tranding UG reserves the right to demand further advance payment from the customer for additional services.

3. The acceptance of bills of exchange and cheques requires the consent of Eisberg Machinery and Tranding UG and is only made on account of payment. Discount charges and other incidental costs shall be borne by the customer.
4. If the customer defaults on due payments, Eisberg Machinery and Trading UG shall be entitled to withhold delivery of other orders placed by the customer. Once the outstanding amounts have been paid, Eisberg Machinery and Trading UG shall be entitled to make a new delivery at its reasonable discretion (§315 BGB), taking into account other delivery obligations.

5. If the customer fails to meet their payment obligations (e.g. does not honour a cheque or bill of exchange) or if insolvency proceedings are applied for or initiated against them, Eisberg Machinery and Tranding UG shall be entitled to demand immediate payment of the entire claim, regardless of the term of any bills of exchange accepted and not yet due. In addition, Eisberg Machinery and Tranding UG shall then be entitled to make outstanding deliveries only against advance payment or security deposit. If advance payment or security is not provided even after a reasonable period has been set, Eisberg Machinery and Tranding UG shall be entitled to withdraw from the contract with regard to services not yet performed, with the result that all claims of the customer in relation to the deliveries not yet performed shall expire. In such cases, Eisberg Machinery and Trading UG may, in addition to withdrawal, also claim damages and assert its retention of title.

14. Retention of title
1. If the customer processes or has processed the goods delivered by Eisberg Machinery and Trading UG, Eisberg Machinery and Trading UG shall become the owner of the new movable property produced. If the manufactured item is not manufactured exclusively from the items of Eisberg Machinery and Tranding UG, Eisberg Machinery and Tranding UG shall acquire co-ownership of the manufactured item; the co-ownership share of Eisberg Machinery and Tranding UG shall be determined by the ratio of the value of its items to the value of the other items that were processed in the manufacture of the new item.

2. Eisberg Machinery and Tranding UG retains ownership or co-ownership of the movable items thus created until the purchase price has been paid in full.

3. In the case of an ongoing business relationship with the customer, Eisberg Machinery and Tranding UG retains ownership or co-ownership of the movable items thus created until all claims arising from the business relationship have been settled.
4. Within the scope of ordinary business operations, the customer is entitled to resell and transfer the goods delivered by Eisberg Machinery and Trading UG. The customer hereby assigns to Eisberg Machinery and Trading UG its claims arising from the resale of the goods delivered by Eisberg Machinery and Trading UG. If the customer places the claims arising from the resale of the goods in a current account, they assign the claim arising from the final balance to Eisberg Machinery and Tranding UG, limited in amount to the General Terms and Conditions purchase price claim of Eisberg Machinery and Tranding UG for the goods resold by the customer. Eisberg Machinery and Tranding UG accepts these assignments.

5. Within the scope of ordinary business operations, the customer is entitled to resell and transfer the new item produced by processing. The customer assigns his claim from such resale to Eisberg Machinery and Tranding UG in proportion to Eisberg Machinery and Tranding UG’s co-ownership share in the sold item. If the customer places their claim in a current account, they assign their claim from the final balance to Eisberg Machinery and Tranding UG, limited in amount to the part of the customer’s claim that corresponds to Eisberg Machinery and Tranding UG’s co-ownership share in the sold item. Eisberg Machinery and Tranding UG accepts the assignment.

6. Eisberg Machinery and Trading UG revocably authorises the customer to collect the claims assigned to Eisberg Machinery and Trading UG. The authorisation to collect shall expire even without revocation as soon as the customer is over-indebted or insolvent or is threatened with insolvency or has suffered a significant deterioration in its financial situation. Upon expiry of the authorisation to collect, the customer is obliged to immediately notify the third-party debtors in writing of the assignment of the claims to Eisberg Machinery and Tranding UG and to inform Eisberg Machinery and Tranding UG of the assignment notification. The customer is also obliged to provide Eisberg Machinery and Tranding UG, upon request, with all information and documents necessary to assert the assigned claims.

7. At the customer’s request, Eisberg Machinery and Trading UG shall release its security interests insofar as the realisable value of the items still owned by Eisberg Machinery and Trading UG and the claims assigned to it exceeds 110% of Eisberg Machinery and Trading UG’s claims arising from the ongoing business relationship with the customer. When selecting the securities to be released, Eisberg Machinery and Tranding UG shall take into account the legitimate interests of the customer.

15. Liability for damages
1. Eisberg Machinery and Trading UG’s liability is limited to the actual claims against third parties, up to a maximum of five hundred euros (€500) for property damage and financial loss.

This limitation of liability does not apply

a) to damages resulting from injury to life, limb or health based on a culpable breach of duty by a legal representative or vicarious agent of Eisberg Machinery and Tranding UG;

General Terms and Conditions

b) for other damages resulting from an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of Eisberg Machinery and Tranding UG;

c) for damages resulting from the realisation of a risk typical for the contract, insofar as these were foreseeable in terms of reason and amount;

d) for damages due to a defect in the work delivery or purchased item, if Eisberg Machinery and Trading UG has assumed a guarantee for the quality of the item.

2. Eisberg Machinery and Trading UG shall not be liable for lost profits, lost savings, damages arising from third-party claims and other indirect damages and consequential damages, or for the loss of recorded data, unless Eisberg Machinery and Trading UG has created a special relationship of trust in this regard. Eisberg Machinery and Tranding UG shall only be liable for the recovery of data if the customer has ensured that this data can be reconstructed from other data material with reasonable effort.

3. The above exclusions and limitations of liability apply accordingly to non-contractual and pre-contractual liability. However, they do not apply to damages caused by culpable injury to life, limb or health. Nor do they apply to claims arising from strict liability, in particular under the Product Liability Act.

4. Insofar as the liability of Eisberg Machinery and Trading UG is limited or excluded, this also applies to the personal liability of employees, representatives and other vicarious agents of Eisberg Machinery and Trading UG.

5. The customer’s claims for damages shall become time-barred at the end of the warranty period, but no later than six months after the claim arises, unless claims are asserted on the basis of fraudulent conduct, producer liability or Sections 478 (1) No. 2 or 634a (1) No. 2 of the German Civil Code (BGB).

6. This shall apply mutatis mutandis to claims for reimbursement of expenses, with the exception of those under Sections 439 (2) and 635 (2) of the German Civil Code (BGB).

7. None of the above provisions shall constitute a change in the statutory or judicial distribution of the burden of proof.

16. Offsetting and rights of retention/refusal to perform
1. The customer shall only be entitled to offset counterclaims if his counterclaims have been legally established, are undisputed or have been recognised by Eisberg Machinery and Trading UG. Rights of retention or other rights to refuse performance may only be asserted against Eisberg Machinery and Trading UG if and to the extent that they are based on the same contractual relationship. Even in the case of an ongoing business relationship, each individual order shall be regarded as a separate contractual relationship.

2. The customer is not entitled to assert a right to refuse performance in accordance with Section 320 of the German Civil Code (BGB) or a right of retention in accordance with Section 273 of the German Civil Code (BGB), unless these rights are based on a defect in the purchased item for which Eisberg Machinery and Trading UG has already received the part of the remuneration corresponding to the value of its performance, or on counterclaims of the customer that are undisputed, legally established or recognised by Eisberg Machinery and Trading UG. If services from past invoices have not been paid by the customer, Eisberg Machinery and Trading UG may exercise its right to refuse performance.

17. Copyrights and infringements of property rights
1. The customer undertakes not to make or have made any copies or imitations of the products of Eisberg Machinery and Tranding UG. He acknowledges that the products of Eisberg Machinery and Tranding UG are protected against copying and imitation by patents and other industrial property rights. Violation of these rights may General Terms and Conditions have significant criminal consequences and entitles Eisberg Machinery and Tranding UG to claim damages and injunctive relief from the customer.

2. If third parties assert claims against the customer for infringement of a property right through the use of a product provided by Eisberg Machinery and Trading UG, the customer must immediately notify Eisberg Machinery and Trading UG of this in writing. Eisberg Machinery and Trading UG will, at its own discretion and at its own expense, satisfy these claims, defend against them or settle the disputes. The customer shall support Eisberg Machinery and Trading UG in its defence in every reasonable way. Eisberg Machinery and Trading UG shall bear all financial burdens arising from a judgement against the customer, including damages awarded to a third party and legal costs. Eisberg Machinery and Tranding UG shall bear the costs of a settlement if Iceergy Blankodosen GmbH agrees to the settlement. The customer grants Eisberg Machinery and Tranding UG sole authority to decide on legal defence and settlement negotiations. The customer shall grant Eisberg Machinery and Tranding UG the necessary powers of attorney in individual cases.

3. Should Eisberg Machinery and Trading UG come to the conclusion that a product may be subject to a property right complaint, Eisberg Machinery and Trading UG shall be entitled, at its own discretion, to

– obtain the right for the customer to continue using the product at its own expense,

– replace the product at its own expense to a reasonable extent or modify it in such a way that it no longer infringes the rights of third parties.

18. Place of performance and jurisdiction
1. The place of performance for all claims arising from the business relationship with the customer is Trennfurt.

2. German law shall apply exclusively between the parties. The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISC) are excluded.

3. If the contractual partner is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all claims arising from and in connection with the contractual relationship shall be, at the discretion of the plaintiff, Trennfurt – Klingenberg or Obernburg am Main, or the general place of jurisdiction of the defendant.

Eisberg Machinery and Tranding UG Furtwänglerweg 30 I D – 63911 Trennfurt / Sole proprietorship.

19. Compensation for early termination of contract
In the event of termination of the contract or other premature termination of the contract less than 3 weeks before the agreed filling date or ordered goods such as empty cans, tray cartons or lids, the customer shall owe a cancellation fee amounting to 50% of the total agreed contractual remuneration as compensation. The cancellation fee is payable immediately and must be settled within 7 days of invoicing, even in the event of interim price increases due to economic or other circumstances.

The above payment obligation shall not apply if the customer can prove that it is not responsible for the termination of the contract.

General Terms and Conditions

This shall not affect the right of Eisberg Machinery and Trading UG to prove that it has incurred no damage or only significantly lower damage.

20. Delivery and acceptance
1. The dates and deadlines specified by Eisberg Machinery and Trading UG for deliveries or services are only approximate, unless they have been confirmed in writing as calendar dates. Estimated delivery periods stated shall generally commence upon dispatch of the written order confirmation, but not before the customer has provided the necessary documents and approvals and not before receipt of any necessary official certificates or approvals. If the customer is obliged to make advance payments, the delivery period shall commence upon receipt of the advance payment by Eisberg Machinery and Trading UG.

2. Delivery and service deadlines shall be deemed to have been met if, by the time they expire, the delivered item has left the premises or warehouse of Eisberg Machinery and Trading UG, or the customer has been notified that the item is ready for dispatch, or the service has been performed. Eisberg Machinery and Tranding UG is entitled to make partial deliveries within the scope of what is reasonable for the customer. Insofar as acceptance is required, the acceptance date and, alternatively, notification of readiness for acceptance shall be decisive, except in cases of justified refusal of acceptance.

3. If Eisberg Machinery and Trading UG is unable to meet agreed delivery dates through no fault of its own, e.g. due to force majeure, acts of God, disasters, war, riots, strikes in its own factories, epidemics, delivery facilities, supplier companies or in the area of means of transport, it shall be entitled to make up for the delivery after the obstacle has ceased to exist. In the event of a delivery delay of more than four months, the customer shall be entitled to refuse delivery and withdraw from the contract. The customer has no further rights or claims due to non-delivery or late delivery for such reasons, even if these reasons only occur after the delivery deadline has already been exceeded or Eisberg Machinery and Trading UG was in default.

4. If the customer is in default of acceptance, they shall be charged for the costs incurred for storage, beginning one month after notification of readiness for dispatch, whereby Eisberg Machinery and Trading UG shall be entitled to charge 0.5% of the invoice amount of the goods for each month or part thereof. The customer reserves the right to provide evidence of lower storage costs, just as Eisberg Machinery and Trading UG reserves the right to claim higher damages for delay.

5. Compliance with the delivery and service deadline is subject to the customer fulfilling their contractual obligations. Upon request, the customer is obliged to confirm in writing their readiness to accept delivery and the completion of any necessary preparatory measures prior to delivery. If they refuse to do so or refuse to accept delivery of the goods, they shall be in default of acceptance.

6. Eisberg Machinery and Trading UG delivers from its premises in Trennfurt. If something else is agreed in individual cases, the following rule applies: The type of transport, the means of shipment, the transport route, the type and scope of the protective measures required, the selection of the forwarding agent or carrier, and the packaging are at the discretion of Eisberg Machinery and Trading UG and are carried out with due care and diligence, excluding any liability. At the customer’s request, the shipment will be insured by Eisberg Machinery and Tranding UG at the customer’s expense against theft, breakage, transport, fire and water damage, as well as other insurable risks.

7. If the transaction is based on a business premises contract, the customer shall be in default of acceptance of the business premises if they do not accept them within one week of handover, notification of completion or invoicing. Acceptance shall be deemed to have taken place if the customer uses the premises without complaint for a period of fourteen days after handover, notification of completion or invoicing and Eisberg Machinery and Tranding UG has pointed out this consequence at the time of handover, in the notification of completion or at the time of invoicing. The customer must have accepted in writing the mandatory information on special fillings on the label and its design from Eisberg Machinery and Tranding UG before filling a product into cans under its responsibility.

21. transfer of risk
1. The risk shall pass to the customer upon delivery from the Trennfurt premises. If another type of delivery is agreed, the risk shall pass to the customer upon handover to the forwarding agent, carrier or collector, even in the case of carriage paid or free delivery. In the case of delivery by Eisberg Machinery and Trading UG, Eisberg Machinery and Trading UG shall bear the risk until delivery to the receiving point. The above shall also apply to partial deliveries.

2. Delivered items must be accepted by the buyer even if they have minor defects. Complaints regarding transport damage must be made by the customer in a timely manner to the forwarding agents, carriers and their insurance companies or similar.