Terms And Conditions
These are our general terms and conditions. All our deliveries and services are exclusively based on these GTC.
1. Scope of application
All deliveries, services and offers of KICKZ.com GmbH (hereinafter: Kickz) are exclusively based on these terms and conditions, unless the parties expressly agree otherwise. The version valid at the time of the conclusion of the contract shall be authoritative in each case.
2. Conclusion of Contract
The presentation of the goods in the online store does not constitute a legally binding offer by Kickz. It is an invitation to you to submit a binding offer to Kickz. You can place an order with us by telephone, via our online store by clicking on the "Buy" button in the final step of the ordering process regarding the goods contained in the shopping cart or by fax. In the online store you will be shown a confirmation window with the details of your order before the order process is completed. By ordering the desired goods, you are making a binding offer to conclude a purchase contract. Kickz will confirm the receipt of your order in text form (e.g. fax or e-mail). This confirmation of receipt does not represent 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 ships the ordered goods to you.
3. Our right not to accept your order or to cancel your purchase
We expressly reserve the right to cancel a purchase (an order already accepted by us) in the following situations, without being liable for any costs or damages:
• The product is out of stock for a short period of time (all payments will be refunded immediately).
• Your billing information is incorrect or unverifiable
• The price quote was incorrect
• We could not deliver to the address you provided
• We have reason to believe that fraud has occurred with your order or payment method.
• We suspect that you are not a consumer, but a retailer or wholesale buyer with the purpose of selling the item.
4. Delivery and shipping costs
A delivery or shipping will be made to the countries specified under countries & delivery fees. The delivery will be made to the delivery address specified by you. The amount of the shipping costs depends on the shipping method and the delivery location chosen by you. The respective shipping methods as well as the shipping costs and estimated delivery times can be viewed here: countries & delivery fees
Attention: For deliveries to non-EU countries, customs fees may apply. These are not included in the stated price and must be paid at the appropriate customs office.
5. Prices and payment
All prices shown include the statutory value added tax. For payment you can use the payment methods listed under Payment [link to info page Payment]. If you order for the first time and with credit card, we reserve the right to ask for additional data.
6. Cancellation policy
Consumers within the meaning of § 13 BGB (any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed) are entitled to a statutory right of revocation in accordance with the following revocation policy.
Right of withdrawal
You have the right to cancel this contract within 14 days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods. In order to exercise your right of withdrawal, you must inform us (KICKZ.com GmbH Landwehrstr. 60, 80336 Munich; Tel +49 (0)89 324 781 60; firstname.lastname@example.org) by means of a clear declaration (e.g. a letter, fax or e-mail sent by post) of your decision to withdraw from this contract. You can use the attached sample withdrawal form, which is not mandatory. To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.
Consequences of revocation
If you revoke this contract, we will reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and no later than within fourteen days from the day on which we received the notification of your revocation of 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 for these repayments. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us without undue delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the shipment before the expiration of the period of fourteen days. We bear the cost of returning the goods. You only have to pay for any loss of value of the goods if this loss of value is due to the handling of the goods which is not necessary for the examination of the condition, properties and functioning of the goods.
Sample revocation form
(If you want to cancel the contract, please fill out this form and send it back.
— To KICKZ.com GmbH, Landwehrstraße 60, D-80336 Munich, Germany, Fax: +49 (0) 89 324 781 99, E-Mail: email@example.com
— Herewith I/we (*) revoke the contract concluded by me/us (*) for the purchase of
of the following goods (*)/provision of the following service (*)
— Ordered on (*)/received on (*)
— Name of the consumer(s)
— Address of the consumer(s)
— Signature of consumer(s) (only in case of paper communication)
(*) Please delete where inapplicable.
Exclusion of the right of revocation
The right of revocation does not exist or expires prematurely in case of contracts
- for the delivery of goods that are not prefabricated and for the production 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, which 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, periodicals or magazines with the exception of subscription contracts,
- for the delivery of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery.
In order for your return to be processed as quickly and smoothly as possible, we recommend that you follow the instructions below:
- Please use a return label and return slip for the return. For deliveries to Germany, the return label and return slip will be enclosed 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 it 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 soon as possible. You will get the money back in the same way you paid.
Failure to comply with the above instructions will not affect your legal rights, in particular your statutory right of withdrawal.
In case of defects, the statutory warranty rights apply. Please note that normal wear and tear is not covered by the warranty. Especially basketball shoes are subject to enormous stress; for a professional player a basketball shoe has a maximum life span of 3 months.
You are only entitled to a right of set-off if your counterclaims have been legally established or are undisputed.
9. Right of withdrawal
In case of writing, printing or calculation errors on the website or in catalogs, advertisements or flyers, KICKZ.com GmbH is entitled to withdraw from contracts based on these errors.
10. Retention of title
KICKZ.com GmbH retains ownership of the purchased goods until full payment of the goods and all other goods from the same delivery.
11. Information about the redemption of vouchers
The redemption of a voucher can only be done online. A subsequent settlement does not take place. In order to enter the voucher code in your shopping cart, you must be logged in or register with your data. To apply a voucher, please enter the voucher code in the appropriate field in the checkout and click on "redeem". If the voucher code is correct, you will now see the voucher discount and the corresponding final total of the items in the shopping cart. (Attention: The order has not been executed yet!). If you enter an incorrect voucher code, the message "Voucher code invalid" will appear above the voucher field. The voucher code could not be applied. To order the items in the shopping cart, please click on the "Continue" button and enter all the required data on the following pages. Only one voucher can be redeemed per order. Vouchers cannot be combined. If the amount of a voucher is not sufficient to balance the invoice amount, one of the offered payment options can be used to pay the difference. Orders where the value of the goods in the order is less than the value of the voucher are not possible. The possibility of "overpayment" therefore does not exist.
12. Storage of the contract text
The contract text is stored and can be viewed together with previous orders in your customer account.
The contract language is German.
14. Applicable law
German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The applicability of mandatory standards of the state in which the customer has his habitual residence at the time of contract remains unaffected by this choice of law.
15. Alternative Dispute Resolution
The EU Commission offers the possibility of online dispute resolution on an online platform operated by it. This platform can be reached via the external link http://ec.europa.eu/consumers/odr/. We are not obliged and unwilling to participate in dispute resolution proceedings before a consumer arbitration board.
16. Provider Identification
+49 (0) 89 324 781 0
+49 (0) 89 324 781 99
Denis Horvat & Mark Petereit
Local Court Munich
HRB 255 142
VAT ID No: DE 32 65 68 789