GENERAL TERMS AND CONDITIONS

Article 1: Definitions

1. “We” / “Us”: Icetubs B.V., located at Nieuwpoortkade 16, (1055 XG Amsterdam), registered under no. 87358891, VAT no. NL864273952B01, acting as the seller.
2. Icetub: A high-quality tub designed for both ice-cold and hot water use, intended exclusively for natural water with no added chemicals, except for additives approved by Icetubs
3. IceSauna: A high-quality ice sauna intended exclusively for heat therapy and relaxation.
4. Products: Any Icetubs, IceSaunas, or related accessories sold by us.
5. You: Any party (individual or business) entering into an Agreement with us or receiving an offer from us under these Conditions.
6. Consumer: A natural person purchasing a Product for personal, non-commercial use. If you are a Consumer, these Conditions apply unless otherwise specified by law (e.g., Article 6:236 BW).
7. Professional and/or Business Use: Any purchase not strictly for a single private household, but for a commercial or professional setting (e.g., gyms, wellness centers).
8. Agreement: The contract between you and us under these Conditions, formed according to the steps in Article 3.
9. Conditions: These general terms and conditions, which we may update under Article 20.
10. Right of Withdrawal: A 14-day cooling-off period for Consumers (but not for non-consumers) to cancel a distance contract without penalty.

Article 2: Applicability of These Conditions

1. Scope: These Conditions govern all offers, quotations, and Agreements—whether via our webshop or otherwise—between us as seller/supplier and you as purchaser, unless explicitly modified in writing.
2. Rejection of Other Terms: We expressly reject any other general terms and conditions. These Conditions also apply to all Agreements involving third parties. Deviating once does not waive our right to future strict adherence.
3. Invalid Provisions: If any provision is invalid or void, the remaining provisions remain in effect. We will replace the null or voided part with one closely matching its original purpose.
4. Uncertainties / Gaps: Any uncertainties or unaddressed issues must be resolved in a way consistent with these Conditions.

Article 3: Offer and Formation of Agreement

1. Non-Binding Offers: Our offers are non-binding unless explicitly stated otherwise in writing. An offer may expire if the product becomes unavailable before acceptance. We are not bound by obvious errors (e.g., in pricing).
2. Offer Details: Each offer provides enough information for you to understand your rights and obligations on acceptance. Images or samples are approximate and not contractually binding.
3. Agreement Formation: An Agreement is formed when:

1. We confirm your order in writing, or
2. We begin fulfilling the order in a manner consistent with acceptance (e.g., preparing shipment).

4. Deviating Acceptance: If your acceptance differs from our offer, we are not bound unless we confirm in writing. Past quotations or rates do not automatically apply to new Agreements.
5. Distance Contracts with Consumers: If you are a Consumer, the Agreement forms once you accept and meet any stated conditions. If accepted electronically, we will confirm receipt without delay; otherwise, you may dissolve the Agreement.
6. Security Measures: We implement technical and organizational measures for secure electronic transactions. If you are a Consumer, we will provide essential details (e.g., address, Right of Withdrawal info) on a durable medium by or before delivery.

Article 4: Delivery

1. Ex Works Principle: Unless agreed otherwise in writing, Products are delivered ex works (our warehouse). You assume risk/costs once Products leave our facility.
2. Acceptance and Risk Transfer: You must accept delivery when offered. Risk of loss, damage, or depreciation transfers to you as soon as the Products are handed over to you, your agent, or your chosen carrier.
3. Site Accessibility: You are responsible for ensuring the delivery site is accessible and for acquiring any required permits. Specialized equipment (e.g., a crane) is at your expense unless otherwise agreed.
4. Information Provision: We only start after receiving any necessary data from you. Failure to accept delivery or provide instructions may result in storage at your risk and cost.
5. Third Parties: We may use third-party couriers or stocks to fulfill orders. If a delivery date is missed, you must notify us in writing and allow a reasonable period for delivery.
6. Liability for Delay: We are not liable for delays due to force majeure or incomplete instructions from you. If we fail to deliver (outside force majeure) and are at fault, our liability is limited to the price difference if you must buy a comparable product elsewhere.
7. Partial Deliveries: We may deliver in installments, invoicing each separately. For phased Agreements, we may pause subsequent phases until you approve previous results.
8. Postponed or Split Deliveries: If you defer or split deliveries or do not collect the Products, risk transfers once we label them as yours in our records. We may then invoice and charge storage or transport fees.

Article 5: Proper Use of the Icetub and IceSauna

This section outlines essential guidelines for the safe and proper use of the Icetub (ice bath) and IceSauna. Failure to follow these instructions may result in injury, equipment damage, or voided liability claims.

Article 6: Samples, Models, and Data

1. Indicative Only: Models, samples, or drawings we provide are approximations; actual Products may differ slightly, especially if made from natural materials.
2. Data Modifications: We may update or alter catalogs, technical specs, or data without notice; such materials are not binding unless confirmed in writing.
3. Minimum Quantities: We reserve the right to set minimum order quantities for certain Products.
4. Ownership of Materials: Any models or samples we supply remain ours unless agreed otherwise in writing; those you supply remain yours.

Article 7: Payment; Interest and Collection Costs

1. Payment Deadline: Unless stated otherwise, invoices are payable within 30 days of the invoice date, without discount or setoff, to our bank (NL86 RABO 0319 5907 12, Icetubs B.V.).
2. Default: Failing to pay on time places you in default automatically. Statutory interest accrues from the due date. If you face liquidation, bankruptcy, or debt restructuring, all sums become immediately payable.
3. Invoice Disputes: Disputing an invoice does not suspend payment. Payments first cover accrued interest/costs, then the oldest unpaid invoice.
4. Credit Assessment: We may check your creditworthiness. If justified, we can refuse an order or apply special terms. We can also request a deposit or other security before delivery; refusal is a breach.
5. Invoice Complaints: Written objections must be lodged within 30 days of the invoice date. Otherwise, we assume acceptance. If you have paid, we consider you to have agreed with its contents.
6. Collection Costs: If you are in default, you owe statutory interest plus extrajudicial collection costs per the Dutch Order of Advocates. Any higher necessary costs (including legal fees) are also yours.

Article 8: Changes in Products or Circumstances

1. Minor Modifications: We may make minor improvements required by law or beneficial to product quality, provided they do not alter essential features.
2. Significant Changes: If unexpected factors emerge—unknown at the Agreement’s inception—either party may request modifications for fairness. Additional costs due to your actions are billed to you.
3. Address Updates: You must inform us of address changes in writing immediately. Deliveries to your last known address are deemed delivered.

Article 9: Cancellation, Return Shipment, and Right of Withdrawal

1. Cancellation Costs: Canceling (in whole or part) before delivery obligates you to reimburse our reasonable costs and any direct or indirect damages. Personalized/custom orders cannot be canceled once production starts, unless we agree in writing.
2. Last-Minute Cancellation: If you cancel within two weeks of the agreed delivery date, you owe the full invoice amount.
3. Return Requirements: Returns need our written consent and are generally refused if Products are damaged, used, or not in original packaging, or if more than 30 days have passed. Special-condition or custom items are also excluded.
4. Your Confirmation: You must confirm no prohibitions apply when requesting a return. We decide if the Products qualify for credit, exchange, or rejection based on their condition upon arrival.
5. Consumer Right of Withdrawal: Consumers have 14 days from receipt to withdraw from a distance contract without reason. If payment was made, we refund within 14 days of receiving the Products or proof of return.
6. Shipping Costs: Additional shipping or handling fees may apply if the Product is returned from outside our usual service areas.

Article 10: Suspension and Termination

1. Immediate Grounds: We may suspend or terminate the Agreement if:
   
   1. You breach essential terms and fail to fix the issue within 7 days of notice.
   2. You face bankruptcy, liquidation, or substantially cease business.
   3. Your finances deteriorate significantly, risking non-payment.
   4. You fail to provide required security or breach payment terms.
2. Consequences: We can claim damages and demand immediate payment of all outstanding invoices plus interest. Termination does not affect accrued rights predating termination.

Article 11: Retention of Title

1. Ownership: We retain ownership of all delivered Products until you settle all obligations under any Agreement with us. Title passes only after all payments are completed.
2. Right to Repossess: If you fail to meet obligations or if we suspect non-compliance, we may reclaim the Products still under retention of title. You must fully cooperate.
3. Third-Party Claims: You must inform us promptly if a third party attempts to seize or claim rights over our retained Products.
4. Insurance and Protection: We may require you to insure the Products, assign any insurance claims to us, label them as our property, and assist in protecting our ownership rights.

Article 12: Conformity, Inspection, and Complaints

1. Basic Quality: We ensure Products meet usual requirements for normal use at delivery. Natural materials (like wood) may shift or crack, which is not considered a defect.
2. Inspection on Receipt: Upon delivery, verify that the Products match the Agreement in type, quantity, and condition, and note any visible damage.
3. Visible vs. Non-Visible Defects: Report visible defects in writing within 14 days of delivery; non-visible defects within 14 days of discovery (but not beyond 3 months). Late reporting may forfeit your rights.
4. Minor Variations: Small color or size variations do not justify a complaint. If a complaint is valid, we may offer a refund, price reduction, repair, or replacement.
5. Obligations During Complaints: Even with a timely complaint, you must still pay and accept the Products unless we agree otherwise. Returns are only possible with prior written approval.

Article 13: Prices and Price Increases

1. VAT: Quoted prices generally exclude 21% VAT unless clearly stated otherwise.
2. Price Adjustment: Within 3 months of the Agreement, we may raise prices only if required by law. You may cancel within 14 days if that occurs. After 3 months, we can adjust prices for market or cost reasons.

Article 14: Liability and Indemnification

1. Scope of Liability: We are liable only for direct damages caused by our gross negligence or willful misconduct, subject to the limits in this article.
2. No Indirect Damages: We are not liable for indirect or consequential damages (e.g., lost profits, business disruption). For Consumers, these limitations apply as far as Dutch law permits (Article 7:24(2) BW).
3. Indemnification by You: You indemnify us against third-party claims not directly caused by us. We are not responsible for any damage that occurs under your control or someone else’s.
4. Liability Cap: Our liability is capped by our insurer’s payout. If the insurer does not pay, it is limited to the invoice value of the relevant Product.
5. Exemptions: We are not liable for force majeure events (Article 15), nor for damages arising from usage at festivals or similarly uncontrolled environments.

Article 15: Force Majeure

1. Definition: Force majeure includes unforeseen events beyond our control—strikes, raw material shortages, natural disasters, government actions, etc.—that make performance impossible or unreasonably burdensome.
2. Post-Obligation Invocation: If these conditions arise after we should have delivered, we can still invoke force majeure. We may suspend or cancel obligations without liability for damages.
3. Partial Performance: If we partially fulfilled obligations before force majeure, we may invoice for that portion. Force majeure affecting our suppliers also counts as force majeure for us.

Article 16: Intellectual and Industrial Property

1. No Removal of Notices: You may not remove or alter any trademarks, copyrights, or other proprietary labels from our Products or materials.
2. Prohibition on Imitation: Imitating or reproducing our products/designs is banned, as is providing them to third parties who might replicate them.
3. Penalties: Breaching these prohibitions incurs a fine of 5% of the Product’s purchase price (min. €500 per item). You must enforce this through a chain clause on your successors.

Article 17: Health & Safety Disclaimers

1. No Medical Advice: We do not offer medical advice. If you have heart conditions, are pregnant, take medication, or have health concerns, consult a professional before using an Icetub or IceSauna.
2. Age Restrictions: Our Products are not recommended for minors without direct adult supervision. An adult should be aware of potential risks before allowing a minor to use the Product.
3. Setup & Maintenance: You must ensure installation complies with local electrical/building codes. If unsure, hire qualified professionals to avoid safety hazards.
4. Heat/Cold Sensitivities: Prolonged or extreme temperature exposure can be dangerous. Stop using the Product if you feel dizzy, faint, or unwell, and seek medical help if needed.

Article 18: Personal Injury Waiver / Assumption of Risk

1. Inherent Risks: By using our Icetub or IceSauna, you acknowledge there are inherent risks, including—but not limited to—slipping, falling, heat/cold stress, fainting, or shock. You voluntarily assume these risks.
2. Immediate Cessation of Use: If you experience any adverse symptoms (e.g., shortness of breath, dizziness), stop use immediately and seek medical advice.
3. Minor Supervision: If minors are allowed to use the Product (e.g., in a family setting), direct supervision by a responsible adult is mandatory.
4. Disclaimer of Liability: Subject to applicable law, we are not liable for personal injuries resulting from your improper, unsafe, or negligent use of the Product. This includes failure to follow recommended instructions and guidelines.

Article 19: Privacy

1. Data Processing: We process personal data (for orders, deliveries, etc.) in accordance with the GDPR and our Privacy Statement at icetubs.com/privacy-statement.
2. Policy Updates: We may update our Privacy Statement; changes take effect upon communication. We encourage you to review it periodically.

Article 20: Final Provisions

1. Amendments: We can amend these Conditions at any time. Changes take effect on the date communicated or upon notification if no date is specified. If you are a Consumer and a significant amendment harms your rights, you may dissolve the Agreement under Article 6:237(c) BW.
2. Exclusion of Certain Articles: Articles 7:404, 7:407(2), and 7:409 of the Dutch Civil Code do not apply.
3. Legal Claims: All legal claims expire 1 year after they arise. Only Dutch law applies. The Vienna Sales Convention is excluded.
4. Dispute Resolution: Disputes go to the competent court in Amsterdam, Netherlands, unless another court is mandated by law.
5. Version Control: The latest version or the version valid at the time the legal relationship started applies.

Questions?

Contact info@icetubs.com for any clarifications regarding these Conditions.

Article 1: Definitions

1. “We” / “Us”: Icetubs B.V., located at Nieuwpoortkade 16, (1055 XG Amsterdam), registered under no. 87358891, VAT no. NL864273952B01, acting as the seller.
2. Icetub: A high-quality tub designed for both ice-cold and hot water use, intended exclusively for natural water with no added chemicals, except for additives approved by Icetubs
3. IceSauna: A high-quality ice sauna intended exclusively for heat therapy and relaxation.
4. Products: Any Icetubs, IceSaunas, or related accessories sold by us.
5. You: Any party (individual or business) entering into an Agreement with us or receiving an offer from us under these Conditions.
6. Consumer: A natural person purchasing a Product for personal, non-commercial use. If you are a Consumer, these Conditions apply unless otherwise specified by law (e.g., Consumer Rights Act 2015).
7. Professional and/or Business Use: Any purchase not strictly for a single private household, but for a commercial or professional setting (e.g., gyms, wellness centers).
8. Agreement: The contract between you and us under these Conditions, formed according to the steps in Article 3.
9. Conditions: These general terms and conditions, which we may update under Article 20.
10. Right of Withdrawal: A 14-day cooling-off period for Consumers (but not for non-consumers) to cancel a distance contract without penalty.

Article 2: Applicability of These Conditions

1. Scope: These Conditions govern all offers, quotations, and Agreements—whether via our webshop or otherwise—between us as seller/supplier and you as purchaser, unless explicitly modified in writing.
2. Rejection of Other Terms: We expressly reject any other general terms and conditions. These Conditions also apply to all Agreements involving third parties. Deviating once does not waive our right to future strict adherence.
3. Invalid Provisions: If any provision is invalid or void, the remaining provisions remain in effect. We will replace the null or voided part with one closely matching its original purpose.
4. Uncertainties / Gaps: Any uncertainties or unaddressed issues must be resolved in a way consistent with these Conditions.
5. Consumer Rights Act 2015: If you are a Consumer in the United Kingdom, your statutory rights under the Consumer Rights Act 2015 will apply where applicable. If any clause in these Terms contradicts your statutory rights, the Consumer Rights Act 2015 will take precedence

Article 3: Offer and Formation of Agreement

1. Non-Binding Offers: Our offers are non-binding unless explicitly stated otherwise in writing. An offer may expire if the product becomes unavailable before acceptance. We are not bound by obvious errors (e.g., in pricing).
2. Offer Details: Each offer provides enough information for you to understand your rights and obligations on acceptance. Images or samples are approximate and not contractually binding.
3. Agreement Formation: An Agreement is formed when:

1. We confirm your order in writing, or
2. We begin fulfilling the order in a manner consistent with acceptance (e.g., preparing shipment).

4. Deviating Acceptance: If your acceptance differs from our offer, we are not bound unless we confirm in writing. Past quotations or rates do not automatically apply to new Agreements.
5. Distance Contracts with Consumers: If you are a Consumer, the Agreement forms once you accept and meet any stated conditions. If accepted electronically, we will confirm receipt without delay; otherwise, you may dissolve the Agreement.
6. Security Measures: We implement technical and organizational measures for secure electronic transactions. If you are a Consumer, we will provide essential details (e.g., address, Right of Withdrawal info) on a durable medium by or before delivery.

Article 4: Delivery

1. Ex Works Principle: Unless agreed otherwise in writing, Products are delivered ex works (our warehouse). You assume risk/costs once Products leave our facility.
2. Acceptance and Risk Transfer: You must accept delivery when offered. Risk of loss, damage, or depreciation transfers to you as soon as the Products are handed over to you, your agent, or your chosen carrier.
3. Site Accessibility: You are responsible for ensuring the delivery site is accessible and for acquiring any required permits. Specialized equipment (e.g., a crane) is at your expense unless otherwise agreed.
4. Information Provision: We only start after receiving any necessary data from you. Failure to accept delivery or provide instructions may result in storage at your risk and cost.
5. Third Parties: We may use third-party couriers or stocks to fulfill orders. If a delivery date is missed, you must notify us in writing and allow a reasonable period for delivery.
6. Liability for Delay: We are not liable for delays due to force majeure or incomplete instructions from you. If we fail to deliver (outside force majeure) and are at fault, our liability is limited to the price difference if you must buy a comparable product elsewhere.
7. Partial Deliveries: We may deliver in installments, invoicing each separately. For phased Agreements, we may pause subsequent phases until you approve previous results.
8. Postponed or Split Deliveries: If you defer or split deliveries or do not collect the Products, risk transfers once we label them as yours in our records. We may then invoice and charge storage or transport fees.
9. UK Import Responsibilities: If you are purchasing from the United Kingdom, you are responsible for paying any applicable import duties, customs tariffs, or local taxes upon arrival. It is your responsibility to ensure compliance with UK product regulations unless we explicitly confirm conformity in writing.

H2: Article 5: Proper Use of the Icetub and IceSauna

This section outlines essential guidelines for the safe and proper use of the Icetub (ice bath) and IceSauna. Failure to follow these instructions may result in injury, equipment damage, or voided liability claims.

Article 6: Samples, Models, and Data

1. Indicative Only: Models, samples, or drawings we provide are approximations; actual Products may differ slightly, especially if made from natural materials.
2. Data Modifications: We may update or alter catalogs, technical specs, or data without notice; such materials are not binding unless confirmed in writing.
3. Minimum Quantities: We reserve the right to set minimum order quantities for certain Products.
4. Ownership of Materials: Any models or samples we supply remain ours unless agreed otherwise in writing; those you supply remain yours.

Article 7: Payment; Interest and Collection Costs

1. Payment Deadline: Unless stated otherwise, invoices are payable within 30 days of the invoice date, without discount or setoff, to our bank (NL86 RABO 0319 5907 12, Icetubs B.V.).
2. Default: Failing to pay on time places you in default automatically. Statutory interest accrues from the due date. If you face liquidation, bankruptcy, or debt restructuring, all sums become immediately payable.
3. Invoice Disputes: Disputing an invoice does not suspend payment. Payments first cover accrued interest/costs, then the oldest unpaid invoice.
4. Credit Assessment: We may check your creditworthiness. If justified, we can refuse an order or apply special terms. We can also request a deposit or other security before delivery; refusal is a breach.
5. Invoice Complaints: Written objections must be lodged within 30 days of the invoice date. Otherwise, we assume acceptance. If you have paid, we consider you to have agreed with its contents.
6. Collection Costs: If you are in default, you owe statutory interest plus extrajudicial collection costs per the Dutch Order of Advocates. Any higher necessary costs (including legal fees) are also yours.

Article 8: Changes in Products or Circumstances

1. Minor Modifications: We may make minor improvements required by law or beneficial to product quality, provided they do not alter essential features.
2. Significant Changes: If unexpected factors emerge—unknown at the Agreement’s inception—either party may request modifications for fairness. Additional costs due to your actions are billed to you.
3. Address Updates: You must inform us of address changes in writing immediately. Deliveries to your last known address are deemed delivered.

Article 9: Cancellation, Return Shipment, and Right of Withdrawal

1. Cancellation Costs: Canceling (in whole or part) before delivery obligates you to reimburse our reasonable costs and any direct or indirect damages. Personalized/custom orders cannot be canceled once production starts, unless we agree in writing.
2. Last-Minute Cancellation: If you cancel within two weeks of the agreed delivery date, you owe the full invoice amount.
3. Return Requirements: Returns need our written consent and are generally refused if Products are damaged, used, or not in original packaging, or if more than 30 days have passed. Special-condition or custom items are also excluded.
4. Your Confirmation: You must confirm no prohibitions apply when requesting a return. We decide if the Products qualify for credit, exchange, or rejection based on their condition upon arrival.
5. Consumer Right of Withdrawal: Consumers in the United Kingdom have a statutory right under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 to cancel an order for most Products within 14 days of receiving them. This does not apply to custom-made or perishable goods
6. Shipping Costs: Additional shipping or handling fees may apply if the Product is returned from outside our usual service areas.
7. Additional UK Consumer Rights: If you are a Consumer in the United Kingdom, local legislation may grant you extra or different return/cancellation rights than those stated here. In case of conflict, those local rights prevail.

Article 10: Suspension and Termination

1. Immediate Grounds: We may suspend or terminate the Agreement if:
   
   1. You breach essential terms and fail to fix the issue within 7 days of notice.
   2. You face bankruptcy, liquidation, or substantially cease business.
   3. Your finances deteriorate significantly, risking non-payment.
   4. You fail to provide required security or breach payment terms.
2. Consequences: We can claim damages and demand immediate payment of all outstanding invoices plus interest. Termination does not affect accrued rights predating termination.

Article 11: Retention of Title

1. Ownership: We retain ownership of all delivered Products until you settle all obligations under any Agreement with us. Title passes only after all payments are completed.
2. Right to Repossess: If you fail to meet obligations or if we suspect non-compliance, we may reclaim the Products still under retention of title. You must fully cooperate.
3. Third-Party Claims: You must inform us promptly if a third party attempts to seize or claim rights over our retained Products.
4. Insurance and Protection: We may require you to insure the Products, assign any insurance claims to us, label them as our property, and assist in protecting our ownership rights.

Article 12: Conformity, Inspection, and Complaints

1. Basic Quality: We ensure Products meet usual requirements for normal use at delivery. Natural materials (like wood) may shift or crack, which is not considered a defect.
2. Inspection on Receipt: Upon delivery, verify that the Products match the Agreement in type, quantity, and condition, and note any visible damage.
3. Visible vs. Non-Visible Defects: Report visible defects in writing within 14 days of delivery; non-visible defects within 14 days of discovery (but not beyond 3 months). Late reporting may forfeit your rights.
4. Minor Variations: Small color or size variations do not justify a complaint. If a complaint is valid, we may offer a refund, price reduction, repair, or replacement.
5. Obligations During Complaints: Even with a timely complaint, you must still pay and accept the Products unless we agree otherwise. Returns are only possible with prior written approval.

Article 13: Prices and Price Increases

1. VAT: Quoted prices generally exclude 20% VAT unless clearly stated otherwise.
2. Price Adjustment: Within 3 months of the Agreement, we may raise prices only if required by law. You may cancel within 14 days if that occurs. After 3 months, we can adjust prices for market or cost reasons.

Article 14: Liability and Indemnification

1. Scope of Liability: We are liable only for direct damages caused by our gross negligence or willful misconduct, subject to the limits in this article.
2. No Indirect Damages: We are not liable for indirect or consequential damages (e.g., lost profits, business disruption). For Consumers, these limitations apply as far as Dutch law permits (Article 7:24(2) BW).
3. Indemnification by You: You indemnify us against third-party claims not directly caused by us. We are not responsible for any damage that occurs under your control or someone else’s.
4. Liability Cap: Our liability is capped by our insurer’s payout. If the insurer does not pay, it is limited to the invoice value of the relevant Product.
5. Exemptions: We are not liable for force majeure events (Article 15), nor for damages arising from usage at festivals or similarly uncontrolled environments.
6. Mandatory Local Laws: UK law does not permit disclaimers or limitations of certain implied warranties or liabilities. If so, any conflicting limitations in these Conditions do not apply to the extent prohibited by local law.

Article 15: Force Majeure

1. Definition: Force majeure includes unforeseen events beyond our control—strikes, raw material shortages, natural disasters, government actions, etc.—that make performance impossible or unreasonably burdensome.
2. Post-Obligation Invocation: If these conditions arise after we should have delivered, we can still invoke force majeure. We may suspend or cancel obligations without liability for damages.
3. Partial Performance: If we partially fulfilled obligations before force majeure, we may invoice for that portion. Force majeure affecting our suppliers also counts as force majeure for us.

Article 16: Intellectual and Industrial Property

1. No Removal of Notices: You may not remove or alter any trademarks, copyrights, or other proprietary labels from our Products or materials.
2. Prohibition on Imitation: Imitating or reproducing our products/designs is banned, as is providing them to third parties who might replicate them.
3. Penalties: Breaching these prohibitions incurs a fine of 5% of the Product’s purchase price (min. £500 per item). You must enforce this through a chain clause on your successors.

Article 17: Health & Safety Disclaimers

1. No Medical Advice: We do not offer medical advice. If you have heart conditions, are pregnant, take medication, or have health concerns, consult a professional before using an Icetub or IceSauna.
2. Age Restrictions: Our Products are not recommended for minors without direct adult supervision. An adult should be aware of potential risks before allowing a minor to use the Product.
3. Setup & Maintenance: You must ensure installation complies with local electrical/building codes. If unsure, hire qualified professionals to avoid safety hazards.
4. Heat/Cold Sensitivities: Prolonged or extreme temperature exposure can be dangerous. Stop using the Product if you feel dizzy, faint, or unwell, and seek medical help if needed.

Article 18: Personal Injury Waiver / Assumption of Risk

1. Inherent Risks: By using our Icetub or IceSauna, you acknowledge there are inherent risks, including—but not limited to—slipping, falling, heat/cold stress, fainting, or shock. You voluntarily assume these risks.
2. Immediate Cessation of Use: If you experience any adverse symptoms (e.g., shortness of breath, dizziness), stop use immediately and seek medical advice.
3. Minor Supervision: If minors are allowed to use the Product (e.g., in a family setting), direct supervision by a responsible adult is mandatory.
4. Disclaimer of Liability: Subject to applicable law, we are not liable for personal injuries resulting from your improper, unsafe, or negligent use of the Product. This includes failure to follow recommended instructions and guidelines.

Article 19: Privacy

1. Data Processing: We process personal data (for orders, deliveries, etc.) in accordance with the GDPR and our Privacy Statement at icetubs.com/privacy-statement.
2. Policy Updates: We may update our Privacy Statement; changes take effect upon communication. We encourage you to review it periodically.

Article 20: Final Provisions

1. Amendments: We can amend these Conditions at any time. Changes take effect on the date communicated or upon notification if no date is specified. If you are a Consumer and a significant amendment harms your rights, you may dissolve the Agreement under Article 6:237(c) BW.
2. Exclusion of Certain Articles: Articles 7:404, 7:407(2), and 7:409 of the Dutch Civil Code do not apply.
3. Legal Claims: All legal claims expire 1 year after they arise. Only Dutch law applies. The Vienna Sales Convention is excluded.
4. Dispute Resolution: Disputes go to the competent court in Amsterdam, Netherlands, unless another court is mandated by law.
5. Version Control: The latest version or the version valid at the time the legal relationship started applies.
6. Legal Jurisdiction: These Terms are governed by Dutch law. However, if you are a Consumer in the United Kingdom, you may bring legal proceedings either in the Netherlands or in the UK courts where you reside, in accordance with UK consumer law.

Questions?

Contact info@icetubs.com for any clarifications regarding these Conditions.

Article 1: Definitions

1. “We” / “Us”: Icetubs B.V., located at Nieuwpoortkade 16, (1055 XG Amsterdam), registered under no. 87358891, VAT no. NL864273952B01, acting as the seller.
2. Icetub: A high-quality tub designed for both ice-cold and hot water use, intended exclusively for natural water with no added chemicals, except for additives approved by Icetubs
3. IceSauna: A high-quality ice sauna intended exclusively for heat therapy and relaxation.
4. Products: Any Icetubs, IceSaunas, or related accessories sold by us.
5. You: Any party (individual or business) entering into an Agreement with us or receiving an offer from us under these Conditions.
6. Consumer: A natural person purchasing a Product for personal, non-commercial use. If you are a Consumer, these Conditions apply unless otherwise specified by law (e.g., US Federal Trade Commission (FTC) rules and applicable state consumer protection laws).
7. Professional and/or Business Use: Any purchase not strictly for a single private household, but for a commercial or professional setting (e.g., gyms, wellness centers).
8. Agreement: The contract between you and us under these Conditions, formed according to the steps in Article 3.
9. Conditions: These general terms and conditions, which we may update under Article 20.
10. Right of Withdrawal: Consumers in the United States do not have an automatic right to cancel an order once placed, except where legally mandated. Refund and return policies comply with applicable federal and state laws, which may grant additional rights in certain states (e.g., California). See Article 9 for details.

Article 2: Applicability of These Conditions

1. Scope: These Conditions govern all offers, quotations, and Agreements—whether via our webshop or otherwise—between us as seller/supplier and you as purchaser, unless explicitly modified in writing.
2. Rejection of Other Terms: We expressly reject any other general terms and conditions. These Conditions also apply to all Agreements involving third parties. Deviating once does not waive our right to future strict adherence.
3. Invalid Provisions: If any provision is invalid or void, the remaining provisions remain in effect. We will replace the null or voided part with one closely matching its original purpose.
4. Uncertainties / Gaps: Any uncertainties or unaddressed issues must be resolved in a way consistent with these Conditions.
5. Consumer Rights: If you are a Consumer in the United States, your statutory rights under the US Federal Trade Commission (FTC) rules and applicable state consumer protection laws will apply where applicable. If any clause in these Terms contradicts your statutory rights, the US Federal Trade Commission (FTC) rules and applicable state consumer protection laws will take precedence.

Article 3: Offer and Formation of Agreement

1. Non-Binding Offers: Our offers are non-binding unless explicitly stated otherwise in writing. An offer may expire if the product becomes unavailable before acceptance. We are not bound by obvious errors (e.g., in pricing).
2. Offer Details: Each offer provides enough information for you to understand your rights and obligations on acceptance. Images or samples are approximate and not contractually binding.
3. Agreement Formation: An Agreement is formed when:

1. We confirm your order in writing, or
2. We begin fulfilling the order in a manner consistent with acceptance (e.g., preparing shipment).

4. Deviating Acceptance: If your acceptance differs from our offer, we are not bound unless we confirm in writing. Past quotations or rates do not automatically apply to new Agreements.
5. Distance Contracts with Consumers: If you are a Consumer, the Agreement forms once you accept and meet any stated conditions. If accepted electronically, we will confirm receipt without delay; otherwise, you may dissolve the Agreement.
6. Security Measures: We implement technical and organizational measures for secure electronic transactions. If you are a Consumer, we will provide essential details (e.g., address, Right of Withdrawal info) on a durable medium by or before delivery.

Article 4: Delivery

1. Ex Works Principle: Unless agreed otherwise in writing, Products are delivered ex works (our warehouse). You assume risk/costs once Products leave our facility.
2. Acceptance and Risk Transfer: You must accept delivery when offered. Risk of loss, damage, or depreciation transfers to you as soon as the Products are handed over to you, your agent, or your chosen carrier.
3. Site Accessibility: You are responsible for ensuring the delivery site is accessible and for acquiring any required permits. Specialized equipment (e.g., a crane) is at your expense unless otherwise agreed.
4. Information Provision: We only start after receiving any necessary data from you. Failure to accept delivery or provide instructions may result in storage at your risk and cost.
5. Third Parties: We may use third-party couriers or stocks to fulfill orders. If a delivery date is missed, you must notify us in writing and allow a reasonable period for delivery.
6. Liability for Delay: We are not liable for delays due to force majeure or incomplete instructions from you. If we fail to deliver (outside force majeure) and are at fault, our liability is limited to the price difference if you must buy a comparable product elsewhere.
7. Partial Deliveries: We may deliver in installments, invoicing each separately. For phased Agreements, we may pause subsequent phases until you approve previous results.
8. Postponed or Split Deliveries: If you defer or split deliveries or do not collect the Products, risk transfers once we label them as yours in our records. We may then invoice and charge storage or transport fees.
9. US Sales Tax & Duties: If you are purchasing from the United States, you are responsible for paying any applicable state and local sales taxes, import duties, or other taxes based on your location.

Sales tax will be applied at checkout where legally required. If your state imposes a “use tax” on online purchases, you may be responsible for reporting and remitting this tax directly to your state tax authority.

If you are a business customer in the United States, you may be required to provide a valid resale certificate to avoid sales tax.

Article 5: Proper Use of the Icetub and IceSauna

This section outlines essential guidelines for the safe and proper use of the Icetub (ice bath) and IceSauna. Failure to follow these instructions may result in injury, equipment damage, or voided liability claims.

I. General Safety Guidelines (Applies to Both Icetub & IceSauna)

1. Manufacturer Instructions & Local Compliance

• Always follow official setup, operation, and maintenance guidelines.
• Installation must comply with local electrical and safety regulations. If uncertain, hire a qualified professional.

2. User Conduct & Health Warnings

• No Alcohol or Drug Use: Do not use either product while under the influence of alcohol, drugs, or medications that may impair judgment.
• Medical Advisory: Individuals with heart conditions, high blood pressure, respiratory issues, circulatory disorders, or other health concerns should consult a physician before use.
• Minor Supervision: Children under 16 years must only use the Icetub or IceSauna under direct adult supervision.
• Immediate Cessation of Use: Stop use immediately and seek medical attention if you experience dizziness, shortness of breath, numbness, or discomfort.

3. Electrical & Installation Safety

• Always use a properly grounded power source protected from water exposure.
• Proper Extension Cord Use: Only use extension cords that are properly grounded and rated for the Icetub’s power requirements. Avoid ungrounded or low-capacity cords, as they may cause overheating or fire hazards. Plug directly into a dedicated power outlet whenever possible.
• Regular Inspections: Frequently check power cords, plugs, and electrical components for damage or wear.
• Fusebox Placement: The fusebox must not rest directly on the ground. It should be protected from excessive water exposure and ideally mounted along the wall below the power plug.
• Water Resistance Limitation: While the fusebox is water-resistant, it is not designed to withstand prolonged submersion or being placed in standing water (e.g., puddles). Ensure proper installation to prevent damage.

4. Placement & Environmental Considerations

• Stable Surface: Place on a level, non-slippery surface to prevent tipping or falls.
• Ventilation: If used indoors, ensure proper airflow to prevent overheating, condensation, or oxygen depletion.
• Fire & Smoke Hazards: Do not use open flames, candles, or flammable materials inside or near either product.

II. Icetub-Specific Guidelines

1. Outdoor Use Restrictions

• Under 23°F precaution: Do not operate the Icetub outdoors below 23°F. Detach the cooling unit and store it indoors to prevent damage.
• Between 23°F and 34°F: Operate the cooling engine on “automatic” mode 24/7, with all timers off, to prevent freezing.
• Severe Weather: Avoid use during thunderstorms, lightning, or extreme weather.
• Solo Use: Never use the Icetub outdoors alone. Ensure someone is aware of your session.

2. Water Quality & Maintenance

• Approved Additives Only: Use only Icetubs’ AquaFinesse water treatment for standard maintenance. Professional clients using the Hanna system provided by Icetubs may use chlorine as needed, following proper dilution and safety guidelines. Avoid bromine, salts, or other unauthorized chemicals, as they may corrode components.
• Regular Water Changes: Change the water and filters regularly based on usage to maintain hygiene and system longevity.
• Water Testing (For Professional Clients): High-use environments, such as gyms and wellness centers, should conduct periodic water quality testing to ensure compliance with local hygiene and safety standards.

3. Indoor Use Restrictions

• No Unattended Use: Never use the Icetub alone indoors. Ensure someone is aware of your session.

III. IceSauna-Specific Guidelines

1. Temperature & Exposure Limits

• Time Limits: Recommended session duration is 15–30 minutes with breaks in between.
• Hydration: Stay properly hydrated before and after use to avoid dehydration or heat exhaustion.
• User Awareness: If you feel lightheaded, unwell, or overheated, exit immediately and cool down.

2. Placement & Usage Safety

• Extreme Weather: Avoid using the IceSauna during thunderstorms, lightning, or high winds.
• Indoor Ventilation: Ensure adequate airflow to prevent heat buildup or oxygen depletion.
• Appropriate Attire: Wear breathable, sauna-appropriate clothing; avoid heavy or synthetic fabrics.
• No Unattended Use: Never use the Icesauna alone. Ensure someone is aware of your session.

IV. Assumption of Risk & Liability Disclaimer

1. Voluntary Risk Acceptance

• By using the Icetub or IceSauna, you acknowledge and accept the inherent risks associated with temperature exposure, electrical equipment, and water safety.

2. No Liability for Misuse

• Icetubs B.V. is not liable for injuries, damages, or health complications resulting from improper use, failure to follow instructions, or unsafe behavior.

3. Product Misuse Consequences

• Any damage caused by unauthorized modifications, improper chemical use, or negligence will void any product defect claims or liability considerations.

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Article 6: Samples, Models, and Data

1. Indicative Only: Models, samples, or drawings we provide are approximations; actual Products may differ slightly, especially if made from natural materials.
2. Data Modifications: We may update or alter catalogs, technical specs, or data without notice; such materials are not binding unless confirmed in writing.
3. Minimum Quantities: We reserve the right to set minimum order quantities for certain Products.
4. Ownership of Materials: Any models or samples we supply remain ours unless agreed otherwise in writing; those you supply remain yours.

Article 7: Payment; Interest and Collection Costs

1. Payment Deadline: Unless stated otherwise, invoices are payable within 30 days of the invoice date, without discount or setoff, to our bank 
2. Default: Failing to pay on time places you in default automatically. Statutory interest accrues from the due date. If you face liquidation, bankruptcy, or debt restructuring, all sums become immediately payable.
3. Invoice Disputes: Disputing an invoice does not suspend payment. Payments first cover accrued interest/costs, then the oldest unpaid invoice.
4. Credit Assessment: We may check your creditworthiness. If justified, we can refuse an order or apply special terms. We can also request a deposit or other security before delivery; refusal is a breach.
5. Invoice Complaints: Written objections must be lodged within 30 days of the invoice date. Otherwise, we assume acceptance. If you have paid, we consider you to have agreed with its contents.
6. Collection Costs: If you are in default, you will be responsible for any applicable late fees, interest, and collection costs as permitted under the US Fair Debt Collection Practices Act (FDCPA). We reserve the right to recover reasonable legal fees in the event of a dispute.
   

Article 8: Changes in Products or Circumstances

1. Minor Modifications: We may make minor improvements required by law or beneficial to product quality, provided they do not alter essential features.
2. Significant Changes: If unexpected factors emerge—unknown at the Agreement’s inception—either party may request modifications for fairness. Additional costs due to your actions are billed to you.
3. Address Updates: You must inform us of address changes in writing immediately. Deliveries to your last known address are deemed delivered.

Article 9: Cancellation, Return Shipment, and Right of Withdrawal

1. Cancellation Costs: Canceling (in whole or part) before delivery obligates you to reimburse our reasonable costs and any direct or indirect damages. Personalized/custom orders cannot be canceled once production starts, unless we agree in writing.
2. Last-Minute Cancellation: If you cancel within two weeks of the agreed delivery date, you owe the full invoice amount.
3. Return Requirements: Returns need our written consent and are generally refused if Products are damaged, used, or not in original packaging, or if more than 30 days have passed. Special-condition or custom items are also excluded.
4. Your Confirmation: You must confirm no prohibitions apply when requesting a return. We decide if the Products qualify for credit, exchange, or rejection based on their condition upon arrival.
5. US Consumer Returns & Right of Withdrawal: If you are purchasing from the United States, our refund and return policies comply with applicable federal and state laws. Consumers in states that mandate return policies (e.g., California) may be entitled to additional rights.

If applicable state or federal laws provide greater return rights than those stated here, those laws take precedence. Unless legally required otherwise, returns must comply with the conditions outlined in these Terms.

6. Shipping Costs: Additional shipping or handling fees may apply if the Product is returned from outside our usual service areas.

Article 10: Suspension and Termination

1. Immediate Grounds: We may suspend or terminate the Agreement if:
   
   1. You breach essential terms and fail to fix the issue within 7 days of notice.
   2. You face bankruptcy, liquidation, or substantially cease business.
   3. Your finances deteriorate significantly, risking non-payment.
   4. You fail to provide required security or breach payment terms.
2. Consequences: We can claim damages and demand immediate payment of all outstanding invoices plus interest. Termination does not affect accrued rights predating termination.

Article 11: Retention of Title

1. Ownership: We retain ownership of all delivered Products until you settle all obligations under any Agreement with us. Title passes only after all payments are completed.
2. Right to Repossess: If you fail to meet obligations or if we suspect non-compliance, we may reclaim the Products still under retention of title. You must fully cooperate.
3. Third-Party Claims: You must inform us promptly if a third party attempts to seize or claim rights over our retained Products.
4. Insurance and Protection: We may require you to insure the Products, assign any insurance claims to us, label them as our property, and assist in protecting our ownership rights.

Article 12: Conformity, Inspection, and Complaints

1. Basic Quality: We ensure Products meet usual requirements for normal use at delivery. Natural materials (like wood) may shift or crack, which is not considered a defect.
2. Inspection on Receipt: Upon delivery, verify that the Products match the Agreement in type, quantity, and condition, and note any visible damage.
3. Visible vs. Non-Visible Defects: Report visible defects in writing within 14 days of delivery; non-visible defects within 14 days of discovery (but not beyond 3 months). Late reporting may forfeit your rights.
4. Minor Variations: Small color or size variations do not justify a complaint. If a complaint is valid, we may offer a refund, price reduction, repair, or replacement.
5. Obligations During Complaints: Even with a timely complaint, you must still pay and accept the Products unless we agree otherwise. Returns are only possible with prior written approval.

Article 13: Prices and Price Increases

1. Sales Tax: Quoted prices generally exclude sales tax unless clearly stated otherwise.
2. Price Adjustment: Within 3 months of the Agreement, we may raise prices only if required by law. You may cancel within 14 days if that occurs. After 3 months, we can adjust prices for market or cost reasons.

Article 14: Liability and Indemnification

1. Scope of Liability: We are liable only for direct damages caused by our gross negligence or willful misconduct, subject to the limits in this article.
2. No Indirect Damages: We are not liable for indirect or consequential damages (e.g., lost profits, business disruption). For Consumers, these limitations apply as far as Dutch law permits (Article 7:24(2) BW).
3. Indemnification by You: You indemnify us against third-party claims not directly caused by us. We are not responsible for any damage that occurs under your control or someone else’s.
4. Liability Cap: Our liability is capped by our insurer’s payout. If the insurer does not pay, it is limited to the invoice value of the relevant Product.
5. Exemptions: We are not liable for force majeure events (Article 15), nor for damages arising from usage at festivals or similarly uncontrolled environments.
6. US Consumer Protections & Liability Limitations: If you are a Consumer in the United States, certain limitations of liability in this Agreement may not apply in states where such disclaimers are restricted (including but not limited to California, New York, Texas, and Florida).

Subject to applicable federal and state law, our Products are provided “As-Is” and “With All Faults” unless otherwise required by law. Certain states, including California, New York, and Texas, may prohibit disclaimers on implied warranties or product fitness for a particular purpose.

Magnuson-Moss Warranty Act Notice: If you purchase a warranted Product in the United States, your warranty rights are governed by the Magnuson-Moss Warranty Act, which may entitle you to specific legal rights in addition to the warranty terms stated here.

Article 15: Force Majeure

1. Definition: Force majeure includes unforeseen events beyond our control—strikes, raw material shortages, natural disasters, government actions, etc.—that make performance impossible or unreasonably burdensome.
2. Post-Obligation Invocation: If these conditions arise after we should have delivered, we can still invoke force majeure. We may suspend or cancel obligations without liability for damages.
3. Partial Performance: If we partially fulfilled obligations before force majeure, we may invoice for that portion. Force majeure affecting our suppliers also counts as force majeure for us.

Article 16: Intellectual and Industrial Property

1. No Removal of Notices: You may not remove or alter any trademarks, copyrights, or other proprietary labels from our Products or materials.
2. Prohibition on Imitation: Imitating or reproducing our products/designs is banned, as is providing them to third parties who might replicate them.
3. Penalties: Breaching these prohibitions incurs a fine of 5% of the Product’s purchase price (min. $500 per item). You must enforce this through a chain clause on your successors.

Article 17: Health & Safety Disclaimers

1. No Medical Advice: We do not offer medical advice. If you have heart conditions, are pregnant, take medication, or have health concerns, consult a professional before using an Icetub or IceSauna.
2. Age Restrictions: Our Products are not recommended for minors without direct adult supervision. An adult should be aware of potential risks before allowing a minor to use the Product.
3. Setup & Maintenance: You must ensure installation complies with local electrical/building codes. If unsure, hire qualified professionals to avoid safety hazards.
4. Heat/Cold Sensitivities: Prolonged or extreme temperature exposure can be dangerous. Stop using the Product if you feel dizzy, faint, or unwell, and seek medical help if needed.
5. US Consumer Product Safety Notice: Our Products are not medical devices and are not intended to diagnose, treat, cure, or prevent any disease.

Claims regarding health benefits of the Icetub or IceSauna are based on general wellness and fitness principles, not on FDA-approved studies.

If you have pre-existing health conditions, consult a physician before use.

FTC Advertising Disclosure: We comply with US Federal Trade Commission (FTC) guidelines regarding advertising claims. Any statements about health benefits are intended for general informational purposes only.

Article 18: Personal Injury Waiver / Assumption of Risk

1. Inherent Risks: By using our Icetub or IceSauna, you acknowledge there are inherent risks, including—but not limited to—slipping, falling, heat/cold stress, fainting, or shock. You voluntarily assume these risks.
2. Immediate Cessation of Use: If you experience any adverse symptoms (e.g., shortness of breath, dizziness), stop use immediately and seek medical advice.
3. Minor Supervision: If minors are allowed to use the Product (e.g., in a family setting), direct supervision by a responsible adult is mandatory.
4. Disclaimer of Liability: Subject to applicable law, we are not liable for personal injuries resulting from your improper, unsafe, or negligent use of the Product. This includes failure to follow recommended instructions and guidelines.

Article 19: Privacy

1. Data Processing: We process personal data (for orders, deliveries, etc.) in accordance with the GDPR and our Privacy Statement at icetubs.com/privacy-statement.
2. Policy Updates: We may update our Privacy Statement; changes take effect upon communication. We encourage you to review it periodically.

Article 20: Final Provisions

1. Amendments: We can amend these Conditions at any time. Changes take effect on the date communicated or upon notification if no date is specified. If you are a Consumer and a significant amendment harms your rights, you may dissolve the Agreement under Article 6:237(c) BW.
2. Exclusion of Certain Articles: Articles 7:404, 7:407(2), and 7:409 of the Dutch Civil Code do not apply.
3. Legal Claims: All legal claims expire 1 year after they arise. Only Dutch law applies. The Vienna Sales Convention is excluded.
4. Dispute Resolution: Consumers in the United States may bring legal proceedings in either Dutch courts or the courts of their state of residence, subject to mandatory local legal protections.
5. Version Control: The latest version or the version valid at the time the legal relationship started applies.
6. Legal Jurisdiction: These Terms are governed by Dutch law, except where US federal or state laws provide mandatory consumer protections. In the event of a conflict between these Terms and applicable US consumer laws, the latter shall take precedence.

Questions?

Contact info@icetubs.com for any clarifications regarding these Conditions.