General terms and conditions
These are our general terms and conditions of business. All our services are rendered and deliveries made exclusively on these terms.
1. Scope of application
All supplies, services and offers of KICKZ Never Not Ballin' GmbH (hereinafter referred to as "KICKZ") are subject to these terms and conditions, unless the parties expressly make a different agreement. The version valid at the date of the conclusion of the contract shall be authoritative.
2. Conclusion of the contract
The presentation of goods in the online shop does not represent a binding offer of KICKZ, but a request to you to submit such a binding offer. You can order by phone, from our online shop by clicking on the "SEND" button to purchase the goods in the shopping cart, or by fax. Your order constitutes a binding offer to conclude a purchase contract with regard to the goods ordered. KICKZ shall confirm the receipt of your order in writing (e.g. by fax or e-mail). This confirmation of receipt shall not constitute a binding acceptance of the order. The purchase contract shall come into effect when KICKZ sends you an order confirmation after the receipt of the order or ships the ordered goods to you.
3. OUR RIGHT TO CANCEL OR DECLINE YOUR ORDER
We explicitly make use of our right to decline or cancel your order - even after your payment - for the following cases (money will be transferred back to you as soon as we manually cancel):
- The requested product is out of stock
- The invoice information is not correct
- The listed pricing was incorrect
- The given address was incorrect/incomplete
- We have reasonable suspicion of fraud
- We have reasonable suspicion of you wanting to resell the bought product
4. Delivery service
In case the ordered merchandise cannot be delivered in time or not at all, without KICKZ being responsible for, and although the contract has been concluded, KICKZ will inform you immediately. In such a case of delay you can either wait for the shipment of the merchandise or withdraw from the contract. If it is impossible to deliver the shipment, both KICKZ and you have the right to withdraw from the contract. in case of rescission KICKZ will reimburse any wire transfers made without delay.
5. Payment service
All quoted prices include statutory VAT. You can choose which way you would like to pay - by wire transfer or credit card (Mastercard/Eurocard, Visa, American Express). If you are ordering for the first time by credit card, we reserve the right to ask for more information. Our prices are quoted in the order confirmation and are due when the order is placed or delivered. The prices quoted in our catalogues, advertisements and flyers are only valid until the publication of the next catalogue, advertisement or flyer. If you order from our website, the prices shown there on the order date are applicable. In some countries there might be additional costs such as duties, taxes or customs clearance fees. Please check with your local customs office for more information.
6. Instructions on withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. To exercise the right of withdrawal, you must inform us ([Name], [Street Adress], [Zip Code/City]) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
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 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
The statutory warranty period is two years and begins when the goods are handed over.During that time we will remedy all defects subject to the statutory warranty at no cost to you. Please report such defects immediately to the delivery personnel or to KICKZ Never Not Ballin' GmbH. Obvious defects must be reported within 14 days from receipt of the goods. Initially, you may only claim rectification. If this fails, you may choose between rescinding the contract or a reduction of the purchase price and damage compensation, as far as the law permits. Please keep in mind, however, that normal wear is not covered by warranty. Basketball shoes, in particular, are subject to enormous strain - the shoe of a professional basketball player has a maximum lifespan of three months. If any particular article cannot be delivered, we will send you a replacement which is equivalent with regard to quality and price (a substitute), which can also be returned within 14 days. Unfortunately, hygiene items such as underwear, swimwear or specially printed jersey sets, cannot be returned.
You only have the right to set-off if your counterclaims have been legally established or are unquestionable.
9. Right of rescission of KICKZ Never Not Ballin' GmbH
In the event of writing, printing or calculation errors on the website or in catalogues, advertisements or flyers, KICKZ Never Not Ballin' GmbH will be entitled to withdraw from contracts based on such errors.
10. Reservation of ownership
KICKZ Never Not Ballin' GmbH reserves the ownership of any goods bought until the goods in question and all other articles from the same shipment have been paid for in full.
11. Data protection
We will process your personal data in connection with your order. We undertake to treat that data in confidence and not to pass it on to any third parties. Unless you notify us to the contrary, we will assume that you have no objection to receiving information about new KICKZ offers by post or e-mail. See here for our detailed protection of privacy guidelines.
12. Information regarding redemption of vouchers
- Vouchers are only valid for online purchases. Vouchers cannot be used retrospectively, i.e. applied to orders already placed.
- To use a voucher during checkout you must be logged in or register providing your personal data.
- To redeem a voucher, please enter the voucher code into the appropriate field during checkout and click “Redeem Voucher”.
- If your voucher is valid you will now see the voucher discount in your shopping cart and the respective total of all items (attention: your order has not yet been submitted!)
- If the voucher is not valid you will receive the error message “Invalid Promo Code”. The voucher will not be applied to your shopping cart.
- You can only use one voucher per order. Vouchers can not be combined.
- If the amount of the voucher does not cover the total, you can choose one of the payment options offered to you to pay for the remaining amount.
- If your total is lower than the amount of your voucher, your order will be rejected. Therefore, it is impossible to make an overpayment!
This translation is just of indicative character. The contractual language remains German.
As far as admissible, the court in Munich shall have jurisdiction for all disputes.
15. Applicable law
The German law is exclusively applicable, to the exclusion of UN sales law. The application of the mandatory norms of the state where the customer has his/her customary place of residence at the time of the conclusion of the contract remains unaffected by this choice. If any one of the above provisions should be or become invalid, it should be replaced with a corresponding provision which is valid and comes as close as possible to the intended meaning of the parties.
16. Supplier identification
KICKZ Never Not Ballin' GmbH
+49 (0) 89 324 781 0
+49 (0) 89 324 781 99
Boris Ewenstein & Martin Funk & Sarah Guerrier
Local Court of Munich
HRB 230 138
U-ID DE 81 56 96 856