General Terms and Conditions (GTC) for orders via www.kickerkult.de
In the following we would like to inform you about our general trading conditions, which are to be put for orders over our on-line Shop www.kickerkult.de to reason.
1. scope of application
1.1 The following General Terms and Conditions (hereinafter referred to as "GTC"), apply to all contracts for the delivery of goods, which a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with us, Kickerkult e.K., owner Oke Harms, Meinekestr. 23 in 10719 Berlin, Germany (hereinafter referred to as "Seller"), regarding the goods presented in our online store. The inclusion of the customer's own, deviating GTC is hereby objected to, unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur in the sense of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.
2 Conclusion of contract
2.1 The product descriptions contained in the Seller's online store are not binding offers for the conclusion of a purchase contract by the Seller. On the basis of the product descriptions, the customer submits a binding offer to conclude a purchase contract with the seller.
2.2 The Customer may submit this offer to conclude a purchase contract via an online order form integrated into the Seller's online store. In doing so, the customer first places the desired goods in the virtual shopping cart. After going through the further electronic ordering process, the customer submits a legally binding purchase contract offer with regard to the goods contained in the shopping cart by clicking the "Buy" button that concludes the ordering process.
2.3 After sending the order, the customer receives an automatic confirmation of receipt by e-mail, which reflects the content of the customer's order. This confirmation of receipt does not represent a binding acceptance of the order, but merely documents that the order has been received. The contract is not concluded until the customer receives a declaration of acceptance from the seller. The seller is entitled to accept the customer's order within 5 days of its submission by the customer. Silence on the order of the customer does not constitute acceptance. The offer can also be accepted by sending the goods and receipt of the goods by the customer within 5 days. A request for payment or invoicing by the Seller or a corresponding confirmation of delivery to the Customer within 5 days shall also be deemed to be acceptance of the offer. If the Seller does not accept the Customer's offer within 5 days, this shall be deemed to be a rejection of the offer with the consequence that the Customer shall no longer be bound by its offer.
2.5 If the payment method "Amazon Payments" is selected, the payment shall be processed via the payment service provider Amazon Payments Europe s.c.a., 5 Rue Plaetis, L-2338 Luxembourg (hereinafter: "Amazon"), subject to the Amazon Payments Europe User Agreement, which can be viewed at https://payments.amazon.de/help/201751590. If the Customer selects "Amazon Payments" as the payment method during the online ordering process, the Customer shall also issue a payment order to Amazon at the same time by clicking the button that concludes the ordering process. In this case, the seller already declares acceptance of the customer's offer at the time when the customer triggers the payment process by clicking the button that concludes the ordering process.
2.6 When submitting an offer via the Seller's online order form, the text of the contract shall be stored by the Seller and sent to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order together with these GTC. If the customer loses his documents relating to the order, he can contact the seller by e-mail or telephone. The seller will then send a copy of the contract text of this order. The customer will also be shown an order summary immediately before submitting his offer, which he can print or save by using the usual functions of his browser (=browser: there usually "File" -> "Save as"/"Print").
2.7 During the electronic ordering process in the online store, the customer can identify and, if necessary, correct any input errors at any time until the order is completed. In any case, the customer will be shown an overview of the articles selected by him in the last order step before pressing the button concluding the order process. Before bindingly submitting the order via the Seller's online store, the Customer can identify any input errors by carefully reading the information displayed on the screen and correct them using the usual functions of the browser used and with the aid of the usual mouse and keyboard functions.
2.8 The contract shall be concluded exclusively in German.
2.9 Since the order processing usually takes place by e-mail and automated order processing, the customer must ensure that the e-mail address provided for order processing is accurate and that sufficient free memory is available for receipt. If the customer uses SPAM filters or similar, he must ensure that all e-mails sent by the seller or third parties commissioned by the seller to process the order can be delivered to the specified address.
3. liability for defects / warranty claims
If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
4 Prices and shipping costs
4.1 The prices listed in the offer at the time of the order shall apply. The prices stated are final prices, i.e. they include the applicable German statutory value-added tax. Additional delivery and shipping costs, if any, shall be stated separately in the respective product description and shall become part of the Customer's offer.
4.2 For deliveries to countries outside the European Union or payments from countries outside the European Union, additional costs may be incurred. Such costs shall be borne by the customer. Costs for money transfer or import duties or taxes (e.g. customs duties) come into consideration.
4.3 The payment options available to the customer are communicated in the online store of the seller.
4.4 If prepayment by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed on a later due date. Otherwise, payment shall be due upon receipt of the invoice.
4.6 In case of payment by means of a payment method offered by Amazon Payments, the payment processing is carried out by the payment service provider Amazon Payments Europe s.c.a., 5 Rue Plaetis, L-2338 Luxembourg (hereinafter: "Amazon"), subject to the Amazon Payments Europe User Agreement, available at https://payments.amazon.de/help/201751590.
4.8 The Seller reserves the right to transmit invoices and credit notes exclusively in electronic form.
5. delivery and shipping terms
5.1 Delivery of goods shall be made by shipping to the delivery address provided by the customer within 2-5 business days, unless otherwise specified or agreed.
5.2 The Customer shall ensure that the delivery address is correct. If the goods are returned to the Seller because delivery was not possible due to incorrect delivery address or non-presence, the Customer shall bear the costs of unsuccessful shipment or possible storage costs. Notwithstanding the above, the Seller shall bear the costs of shipment if the Customer is not responsible for the circumstance that led to the impossibility of delivery or if the Customer was temporarily prevented from accepting the offered service and the delivery was not announced in advance within a reasonable time. The costs of the outward shipment shall be borne by the seller in any case if and to the extent that the customer has effectively exercised his right of withdrawal. In the event of effective exercise of the right of revocation by the Customer, the provision made in this respect in the Seller's revocation instructions shall apply to the return costs.
5.3 In the event of self-collection by the Customer, the Seller shall inform the Customer that the goods are ready for collection. After this notification, the customer can pick up the goods in consultation with the seller at the registered office of the seller. Shipping costs are then not incurred.
6. legal right of withdrawal
6.1 Consumers are generally entitled to a right of withdrawal.
6.2 More detailed information on the right of withdrawal can be found in the Seller's cancellation policy (available under: Right of Withdrawal).
6.3 The right of withdrawal does not apply to consumers who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.
7. retention of title
The goods remain the property of the seller until full payment of the purchase price, even if previously handed over to the customer.
8. alternative dispute resolution
8.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr.
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer. The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
9 Further Information
The customer can view these GTC at www.kickerkult.de. In addition, the customer can print or save this document by using the usual function of his browser (=browser: there usually "File" -> "Save as"/"print").
Owner Oke Harms
Phone: +49 (0)30 81304025
Fax: +49 (0)30 81305027
Register Court: Charlottenburg Local Court
Registration number: HRA 54430