Terms and Conditions

Status: August 2024
These are our General Terms and Conditions ("GTC") applying to all contracts concluded between you ("customer" or "you") and Kickz.com GmbH, Landwehrstraße 60, 80336 Munich, registered in the Commercial Register of the Local Court of Munich under HRB 255142 ("Kickz" or "we"; the Customer and Kickz each a "Contracting Party" and together the "Contracting Parties") for the delivery of our goods. Therefore, please read these GTC carefully, including the withdrawal policy, and look at our privacy policy.  

1. Scope of application  

1.1 These GTC apply exclusively to consumers. A consumer is any natural person who enters a legal transaction for purposes that are predominantly outside their commercial or independent professional activity. By concluding the contract, the customer confirms to Kickz that he/she is using the services offered exclusively for private use.  

1.2 Assurances, collateral agreements or other contract amendments requested by the customer shall only apply if expressly confirmed in writing by Kickz. Unless Kickz has given its written consent in individual cases, conflicting or deviating terms and conditions shall not be recognized.  

1.3 The contract is concluded in English.  

2. Conclusion of Contract  

2.1 If you order goods in our online store, the contract is concluded as follows: The presentation of the goods in the online store does not constitute a legally binding offer by Kickz to conclude a contract. It is an invitation to you to submit a binding offer to Kickz. You can select goods from our range and collect them in a virtual shopping cart using the "Add to cart" button. After providing payment and delivery information and clicking on the "Order & Pay" button in the final step of the order process, you submit a binding request to purchase the goods contained in the shopping cart. In the online store you will be able to review the details of your order before completing the order process. 

2.2 Kickz will confirm receipt of your order in text form by e-mail. This confirmation of receipt does not constitute a binding acceptance of the order. The purchase contract is only concluded when Kickz sends you an explicit order confirmation within three working days or sends the ordered goods to you. In the case of payment via PayPal, Google Pay, Apple Pay, Klarna and credit card, we already declare acceptance of the offer at the time you initiate the payment process by clicking the “Order & Pay” button that concludes the order process; this concludes the contract.  

2.3 In the confirmation of receipt, the order confirmation or in a separate e-mail, but at the latest upon delivery of the goods, we will send you the text of the contract (consisting of the order, the GTC together with the withdrawal policy and the order confirmation) on a permanent data carrier (e-mail or paper printout).  

2.4 The contract text is not saved by Kickz.  

2.5 If you do not order via our online store, but by telephone or e-mail, the following applies: The order of goods is considered a binding contractual offer. A contract is only concluded when we accept the offer. Unless otherwise stated in the order, we are entitled to accept this contractual offer within 14 days of receipt. Acceptance can be declared either in writing (e.g. by order confirmation by e-mail) or by dispatching the goods to you; if acceptance is made by dispatching the goods to you, receipt of the declaration of acceptance is not required.  

3. Customer account and Kickz Ballers Club  

3.1 As part of our ordering process, you have the option of setting up a customer account. This is free of charge and voluntary. You can take advantage of our offers without opening or using a customer account. You can track your previous orders in your customer account. By setting up a customer account, you are automatically a member of the Kickz Ballers Club. Your status and points balance in the Kickz Ballers Club can be viewed in your customer account. When registering, you will be asked to accept these terms and conditions and our privacy policy. By doing so, you agree to be informed about the status, and your points balance as well as other news in the Kickz Ballers Club.  

3.2 The data required for registration must be provided completely and truthfully and should be updated, for example if your data changes. The data provided during registration will be used exclusively for the purpose of using our offer, executing orders and processing payments.  

3.3 You are obliged to keep your password secret. If there are any indications that your customer account has been misused by a third party, you should inform us immediately.  

3.4 You are not authorized to maintain multiple customer accounts with us. We reserve the right to delete customer accounts after unsuccessful warnings, especially if we suspect that they have been registered by entrepreneurs or if there are multiple registrations. Apart from the declaration of your agreement with the application of these GTC and the privacy policy, the creation of a customer account and participation in the Kickz Ballers Club is not associated with any obligations.  

3.5 You can delete your customer account at any time.  

4. Right of withdrawal  

In the following cases, we expressly reserve the right to withdraw from a purchase (i.e. from an order already accepted by us), insofar as we are not responsible for the respective circumstance:  

• Your billing information is incorrect or cannot be verified.  

• We were unable to deliver to the address you provided.  

• There is fraud when you place an order or select a payment method.  

• We have reason to believe that you are not an end consumer, but a retailer or bulk buyer with the aim of selling the goods.  

• For spelling, printing and calculation errors in the online store or in catalogs, advertisements or flyers.  

5. Delivery and shipping costs  

5.1 The delivery period shall be agreed individually or specified by us upon acceptance of the order. If no delivery time is specified for the respective goods in our online store, the delivery time for orders in the online store for delivery locations in Germany is up to five (5) to six (6) working days from receipt of the order confirmation. Delivery times may vary for delivery locations in other countries.  

5.2 As a rule, product availability is checked so that you cannot order goods that are not available. If, in individual cases, goods are not available contrary to the information provided, we will not issue a declaration of acceptance, and a contract will not be concluded. We will inform you of this immediately and reimburse you without delay for any consideration already provided.  

5.3 A delivery or shipment is made to the countries listed under Shipping. Delivery will be made to the delivery address specified by you.  

5.4 The amount of the shipping costs depends on the shipping method you choose and the delivery location. The respective shipping methods as well as the shipping costs and estimated delivery times can be viewed here: Shipping.  

5.5 Please note: Customs duties may apply for deliveries to non-EU countries. These are not included in the price shown and must be paid at the relevant customs office. Customs duties are determined by customs and depend on the total value of the goods, so we are unable to provide exact details.  

5.6 Kickz bears the shipping risk if the customer is a consumer.  

6. Prices and payment methods  

6.1 All prices are shown in Euros and include the applicable statutory value added tax excluding shipping costs and insurance. If another country page is selected, the prices are displayed in the respective national currency, for example in Swiss francs (CHF) for Switzerland.  

6.2 The following payment methods are available for payment: PayPal, Google Pay, Apple Pay, Klarna and credit card. If you are ordering from us for the first time and with a credit card, we reserve the right to ask for additional data if necessary.  

6.3 Payment of the purchase price is due immediately upon conclusion of the contract, unless otherwise stipulated by the selected payment method. If the due date for payment is determined by the calendar, the customer is already in default by missing the deadline. Kickz reserves the right to assert claims for late payment. The customer's obligation to pay default interest does not preclude Kickz from asserting further claims for damages caused by default.  

7. Retention of title  

Kickz retains ownership of the purchased goods until full payment has been received.  

8. Warranty for material defects  

In the event of defects, the statutory warranty rights apply. Please note that normal signs of wear and tear are not covered by the warranty. Basketball shoes are subject to enormous strain; for a professional player, a basketball shoe has a maximum service life of three (3) months. This section 8 does not affect liability, including the limitations of liability pursuant to section 10.  

9. Liability  

9.1 Our liability for damages resulting from injury to life, limb or health and under the Product Liability Act is unlimited.  

9.2 We shall be liable for intent and gross negligence in accordance with the statutory provisions.  

9.3 In other cases, we shall only be liable in the event of a breach of a contractual obligation, the fulfillment of which is essential for the proper execution of these GTC and on the observance of which the customer may regularly rely (so-called cardinal obligation), limited to compensation for foreseeable and contract typical damage. In addition, we shall be liable if we have fraudulently concealed a material defect or have assumed a guarantee for the quality of the goods. In all other cases, our liability or that of our legal representatives or vicarious agents is excluded.  

10. Information on redeeming vouchers  

10.1 A voucher can only be redeemed by placing an order in our online store. Not via placing an order or in our physical stores.  

10.2 The voucher code can be applied in your shopping cart or payment step of checkout. To apply a voucher, please enter the code in the “Add a voucher” field and click on "Apply” button. If the voucher code is correct, the reduction and the remaining purchase price of the goods will now be visible in the “order summary”. (Attention: The order has not yet been completed!).  

10.3 If an incorrect voucher code is entered, the message "Invalid code” appears under the voucher field. The voucher code cannot be applied.  

10.4 To order the goods after applying a voucher, proceed through the checkout process. Only one voucher can be redeemed per order. Vouchers cannot be combined. If the amount of a voucher is not sufficient to cover the invoice amount, one of the payment options offered can be used to pay the difference. Orders with a lower order value than the value of the voucher are not possible. Consequently, there is neither the possibility of an "overpayment" nor of receiving a voucher for the remaining amount. 

11. Right of withdrawal  

11.1 As a consumer, you are entitled to a statutory right of withdrawal when concluding a distance selling transaction, about which we provide information below in accordance with the statutory template. A consumer is any natural person who enters a legal transaction for purposes that are predominantly outside their commercial or independent professional activity.  

Withdrawal policy  

Right of withdrawal  

You have the right to withdraw from this contract within fourteen days without giving any reason.  

The withdrawal deadline is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.  

To exercise your right of withdrawal, you must send us  

Kickz.com GmbH Landwehrstr. 60 80336 Munich E-mail: [email protected] Phone: +49 (0) 89 324 781 0

an unequivocal statement (e.g. a letter sent by post or e-mail) of your decision to withdraw from this contract. You can use the attached template withdrawal form, but this is not mandatory.  

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal deadline has expired.  

Consequences of withdrawal  

11.2 If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we received your notification to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.  

11.3 We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.  

11.4 You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the withdrawal from this contract. The deadline is met if you send the goods before the period of fourteen days has expired.  

11.5 We bear the cost of returning the goods.  

11.6 You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that was not necessary to check their quality, properties and functionality.  

End of the withdrawal policy  

Exclusion of the right of withdrawal  

Unless expressly agreed otherwise between the contracting parties, there is no right of withdrawal for contracts  

• for the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (e.g. individually printed jerseys),  

• for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery (e.g. underwear, swimwear),  

• for the delivery of newspapers, journals or magazines except for subscription contracts,  

• for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.  

Template withdrawal form  

(If you wish to withdraw from the contract, please complete this form and return it to us by post or e-mail ([email protected])).  

- To Kickz.com GmbH, Landwehrstraße 60, D-80336 Munich, Germany  

- I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)  

- Ordered on (*)/received on (*)  

- Name of the consumer(s)  

- Address of the consumer(s)  

- Signature of the consumer(s) (only for notification on paper)  

- Date(s)  

_______________  

(*) Please delete as applicable.  

12. Instructions to facilitate the return process  

To ensure that your return is processed as quickly and smoothly as possible, we recommend that you follow the instructions below. This is not a separate right of return. Nor does it change the right of withdrawal described above. The instructions are not mandatory; their observance is merely intended to facilitate the return process.  

• Please use a return label and return slip for returns. For deliveries to Germany, the return label and return slip will be included in the package with your order. For deliveries to other countries, you can create your return label and return slip in your customer account or request them from our customer service.  

• Use the original packaging for the return shipment and protect the goods from damage.  

• After receiving your return, we will process your refund as quickly as possible. You will get your money back in the same way you paid.  

13. Customer service  

You can contact our customer service via the following e-mail address: [email protected].   

14. Data protection  

Regarding personal data, please refer to our privacy policy.   

15. Offsetting  

You are only entitled to a right of setoff if your counterclaims are undisputed or have been legally established.  

16. Applicable law and place of jurisdiction  

16.1 German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions restricting the choice of law and the applicability of mandatory standards of the country in which the customer has his habitual residence shall remain unaffected by this choice of law.  

16.2 If the customer does not have a general place of jurisdiction in Germany or in another EU member state, or if the customer moves his permanent residence to a country outside the EU after these GTC come into effect, or if his place of residence or habitual residence is unknown at the time the action is filed, the exclusive place of jurisdiction for all disputes arising from this contractual relationship shall be the registered office of Kickz.  

17. Alternative dispute resolution  

We always strive to amicably resolve any disagreements arising from our contract. Furthermore, we have decided not to participate in a dispute resolution procedure. We are also not obligated to do so. 

18. Severability clause  

Should one or more provisions of the GTC be or become invalid or void in whole or in part or contain a loophole, this shall not affect the validity of the remaining provisions of the GTC. Insofar as individual provisions have not become part of the contract or are invalid, unenforceable or void, the statutory provisions shall apply. In the absence of a corresponding statutory provision, a provision shall be applied to which the contracting parties would have agreed if they had considered this point from the outset. The same applies accordingly in the event of a loophole.