Terms of service

Terms of service

Welcome to ICY BROTHERS. (ICY BROTHERS), the owner of the website (the “Site”). These are ICY BROTHERS’s Terms and Conditions that tell you vital information about the legal basis on which we sell certain goods on our Site (“Products”)

 

About these Terms and Conditions

These Terms and Conditions along with the Privacy Policy (a statement about personal information provided by you, how ICY BROTHERS (“we,” “us” and “our”) use your personal information, and cookies policy) will apply to any agreement for business transaction between us (that is, the sale of Products available on the Site).

By using the Site and/or placing an order for a Product, you consent to be bound by these Terms and Conditions. You will be required to read and consent to these Terms and Conditions before you can place an order for products on our Site. You may also be required to click on the “I Agree” button at the end of these Terms and Conditions to show that you read and understand the Terms and Conditions. If you do not consent to the Terms and Conditions, please do not place an order for any Product on the Site.

These Terms and conditions are subject to change from time to time, with or without any prior notice to you. For instance, to comply with changes in the law, to recognize new ordering and payment processes, or to support new Products we may offer. The changes will only apply to subsequent orders you make on the Site.

 

Information about Product

We have put every reasonable effort together to display as accurately as possible the colors of Products that we post on the Site. Notwithstanding, the actual colors you see are dependent on the resolution of your monitor or the screen of your device. As such, we cannot guarantee that your monitor/screen’s display of any color of a product will be the accurate presentation of the color of the Product you will receive.

All measurements and sizes are approximate; however, we make reasonable efforts to ensure that they are as accurate as possible.

Products, offers, and prices are dependent on availability and are subject to change at any time prior to the time your dispatch confirmation was received by us.

 

Placing an Order

Once you have placed an order, we will send an order confirmation email to you (“Order Confirmation”) to confirm that your order is being processed. Once the Order Confirmation has been delivered to you, we may not be able to make changes to the address provided for the delivery of the Product. We will send you another email once your order has been dispatched (“Dispatch Confirmation”). Acceptance of an order placed by you through the online platform and the completion of the agreement between you and ICY BROTHERSs will take place when you receive a Dispatch Confirmation email from us. A contract between you and us will be formed when we send the Dispatch Confirmation. If, for any reason, we cannot provide the Product you ordered, you will be duly contacted through your email and a refund will be given (inclusive of any applicable delivery charges paid if the order is specifically for the Product only). If the Product you have ordered is posted on the Site at an incorrect price due to an error we made, we will inform you about the error and refund you for the price paid for the Product (and the delivery charge, if applicable). The Product will not be dispatched to you.

Please be informed that the recipient of any Product shipped outside to a foreign country may be subject to pay additional import duty or any other applicable taxes, charges, and fees applied by customs or other relevant authorities in the recipient’s country. Please be informed that we have no control whatsoever over these charges, and we cannot predict the actual amount. If you are uncertain if these charges will apply to your order, you should contact your local customs or local tax authorities for further information.

 

 

Payment

The price of Products is as published by ICY BROTHERS on the Site. Your order summary will confirm the amount to be paid for the selected Product(s). For payment, we accept debit/credit cards and other applicable payment channels. Payment after the order is placed.

Our acceptance of any payment made by you in relation to any Products on the Site shall not be construed as our acceptance of such order, and a legally binding contract is not formed until you receive the Dispatch Confirmation email from us. As such, until then, we are not mandated to deliver the Products to you.

 

Our Liability to You

If we are unable to comply with these Terms and Conditions, we are liable for the damage or loss you suffer that is a foreseeable result of our violation of these Terms or Conditions or our negligence, but we are not liable for any damage or loss that is foreseeable. Damage or loss is foreseeable if it happened as an obvious outcome of our violation of these Terms and Conditions, or if it was contemplated by you and us at the time the Contract was formed.

We supply Products strictly for personal and domestic use. You consent not to use the Product for any business, commercial or re-sale purposes, and we accept no responsibility for any loss of business, profit, interruption of business, or loss of business opportunity. We do not in any way limit or exclude our liability for:

  • fraud or fraudulent misrepresentation;
  • personal injury or death caused by our negligence;
  • defective or substandard Products under the Consumer Protection Act 1987
  • any violation of the clause of title and quiet possession; and
  • any violation of the clause of satisfactory quality, description, samples, and fitness for a specific purpose.

 

 

Events beyond Our Reasonable Control

We will not be responsible, neither shall we be liable for any inability to perform, or delay in performance of, any of our obligations under the contract that is as a result of an event beyond our reasonable control.

An “event beyond our reasonable control” refers to any event or activity that we have no reasonable control over, including but not limited to strike actions, lockdowns or any other industrial action by third parties, riot, civil commotion, terrorist attack, invasion, threat, war (declared or not declared), storm, explosion, fire, flood, epidemic, subsidence, earthquake or any other natural disaster, failure of private or public telecommunications networks or impossibility of using public or private transport systems such as railways, aircrafts, shipping, motor transport or any other means of transportation.

If an event beyond our reasonable control takes place and affects the performance of our obligations under this Terms and Conditions:

  • we will promptly notify you as soon as possible; and
  • our obligations under these Terms and Conditions will be suspended and the time given to carry out full performance will be extended for the period of the event beyond our reasonable control.

Where the event beyond our reasonable control affects the delivery of Products to you, we will duly notify you about a new delivery date, which will be after the event beyond our reasonable control is over.