» 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 AG (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. DELIVERY SERVICE
Delivery for mainland United Kingdom (including England, Wales, Scotland and Northern Ireland) is free. Delivery to destinations other than above is not possible through kickz.co.uk. 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.
4. 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.
Right of revocation
You can revoke your contractual statement in writing within 14 days without stating reasons (e.g. by letter, fax or e-mail) or, if you received the merchandise before the lapse of the above time limit, by sending it back. The time limit starts to run upon the receipt of this notice in writing, but not before the goods have reached the recipient (in the case of recurring deliveries of similar products not before you receive the first partial delivery) and also not before the fulfilment of our information obligation under Article 246.2 in conjunction with Article 1 par. 1 and 2 of the Introductory Statute to the German Civil Code, as well as our obligations under Article 312e.1.1 of the German Civil Code in conjunction with Article 246.3 of the Introductory Statute to the German Civil Code. The cancellation period will be deemed not to have been exceeded if the revocation or the goods are mailed in good time.
in order to not exceed the cancellation period the timely mailing of the revocation or the merchandise is sufficient. address the revocation to:
Dr. Wilhelm-Külz-Str. 11,
The right of withdrawal does not exist in the case of contracts concluded for the delivery of products especially manufactured for your own needs (e.g. tricots with individual number prints).
Consequences of revocation
In the case of an effective revocation, the mutually received performances must be returned and any derived profits (e.g. interest) must also be returned. If you cannot return to us the performance received, in part or in whole, or if you can only return it in worse condition, you are required to offer compensation of equal value. This does not apply when the deterioration of the goods occurred exclusively when examining them, as may have been possible in a retail shop. You can also avoid the obligation to pay compensation if the goods have been damaged through conventional usage, provided that you do not use the goods as if they were your property and refrain from doing anything which could reduce their value. Transportable goods should be sent back at your risk. Non-transportable goods will be collected from you. The obligations to reimburse payments must be fulfilled within 30 days. The time limit begins for you when you send your cancellation or the goods, and for us upon the receipt thereof.
End of the revocation notice
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 AG. 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.
8. RIGHT OF RESCISSION OF KICKZ AG
In the event of writing, printing or calculation errors on the website or in catalogues, advertisements or flyers, Kickz AG will be entitled to withdraw from contracts based on such errors.
9. RESERVATION OF OWNERSHIP
Kickz AG 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.
10. 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.
11. 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.
14. 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.
15. SUPPLIER IDENTIFICATION
Fon: 089 - 324781-0
Fax: 089- 32 4781-99
Local Court of Munich
Commercial Register B 134 285
Board of directors:
Chairman of the supervisory board:
Dr. Peter Stengel