General terms and conditions
- 1. Scope of application
- 2. Offers and service descriptions
- 3. Order process and conclusion of a contract
- 4. Prices and shipping costs
- 5. Service provision, product availability
- 6. Terms of payment
- 7. Retention of title
- 8. Warranty for defects and guarantee
- 9. Liability
- 10. Storage of the contract text
- 11. Final provisions
- 12. Addition KickAss Basic (Run) subscription
1. Scope of application
The following General Terms and Conditions of Business apply to the business relationship between Kickass Sports GmbH, P.O. Box 1146, 69139 Neckargemünd, (hereinafter referred to as „KickAssSports“) and the athlete (hereinafter referred to as „athlete“) in the version valid at the time of the order.
For questions, suggestions, and complaints, you can contact KickAssSports by phone at +49 (0) 176 239 76371 or by e-mail at firstname.lastname@example.org.
User in the sense of these Terms and Conditions is any natural person who enters into a legal transaction for a purpose that is predominantly neither commercial nor self-employed (§ 13 BGB).
Alternative conditions stipulated by the athlete shall not be recognized unless KickAssSports expressly agrees to their validity.
2. Offers and service descriptions
The presentation of the products in the online store is not a legally binding offer, but an invitation to place an order. Description of services on the websites of KickAssSports is not intended as an assurance or guarantee. All offers are valid „while stocks last“ unless otherwise stated on the products. Errors are excluded in all other respects.
3. Order process and conclusion of a contract
The athlete can select products from the KickAssSports product range without any obligation and collect them in a so-called shopping cart by clicking the [Book Now] button. The product selection in the shopping cart can be changed, e.g. deleted. The athlete can then click on the [Proceed to Checkout] button to complete the order process.
By clicking on the button [Payable booking], the athlete makes a binding request to purchase the products in the basket. Before submitting the order, the athlete can change and view the data at any time and return to the shopping basket using the browser function „back“ or cancel the entire order process. Necessary information is marked with an asterisk (*).
KickAssSports will then send the athlete an automatic confirmation of receipt by e-mail, in which the athlete’s order is again listed and which can be printed out by the athlete using the „Print“ function (order confirmation). The automatic confirmation of receipt merely documents that the athlete’s order has been received by KickAssSports and does not constitute acceptance of the order. The purchase agreement shall only be concluded if KickAssSports makes the ordered product available within 2 days or has confirmed the purchase within 2 days with a second e-mail, explicit order confirmation, or sending of the invoice.
In case KickAssSports allows advance payment, the contract shall be concluded upon the provision of the bank details and request for payment. If payment is not received by KickAssSports within 10 calendar days of the order confirmation being sent, despite the due date, KickAssSports shall rescind the agreement with the consequence that the order shall be void and KickAssSports shall not be obliged to deliver. The order shall then be deemed to have been completed without further consequences for the athlete and KickAssSports. A reservation of the item in the case of advance payment is therefore made for a maximum of 10 calendar days.
4. Prices and shipping costs
All prices quoted on the KickAssSports website are inclusive of the applicable sales tax. KickAssSports reserves the right to adjust prices.
In addition to the prices listed, KickAssSports will charge shipping costs for delivery. The athlete will be clearly informed of the shipping costs on a separate information page and during the ordering process.
5. Service provision, product availability
Provided that advance payment has been agreed upon, KickAssSports shall render its services after receipt of the invoice amount.
With the conclusion of membership with KickAssSports and receipt of a payment authorized by the athlete, the athlete agrees to the immediate provision of services by KickAssSports.
Should the provision of the product fail due to the athlete’s fault despite three attempts to provide the product, KickAssSports may withdraw from the agreement. Any payments made will be refunded to the athlete immediately.
In the event that the product ordered is not available because KickAssSports, due to no fault of its own, is not provided the product by its contractor or contractual partner, KickAssSports may withdraw from the agreement. In this case, KickAssSports shall immediately inform the athlete and, if necessary, suggest a comparable product. If no comparable product is available or the athlete does not wish to use a comparable product, KickAssSports shall immediately reimburse the athlete for any consideration already provided.
6. Terms of payment
The athlete can choose from the available payment methods during and before the completion of the order process. Athletes will be informed about the available means of payment on a separate information page.
If payment by invoice is possible, payment must be made within 14 days of receipt of the service and the invoice. For all other methods of payment, payment must be made in advance without deduction.
If third party providers are commissioned with the payment processing, e.g. Paypal, then their general terms and conditions apply.
In case the due date of the payment is determined by the schedule, the athlete shall be in default by missing the deadline. In this case, the athlete has to pay the legal default interest.
The athlete’s obligation to pay interest on arrears does not exclude the assertion of further damages caused by KickAssSports.
The athlete shall only be entitled to a right of compensation if their counterclaims have been legally established or acknowledged by KickAssSports. The Athlete may only exercise a right of retention if the claims result from the same contractual relationship.
7. Title retention
Until full payment has been made, the products delivered or made available remain the property of KickAssSports.
8. Warranty for defects and guarantee
The warranty is determined according to statutory provisions.
A warranty exists for products supplied or made available by KickAssSports only if this has been expressly issued. Athletes will be informed about the warranty conditions before initiating the order process.
The following exclusions and limitations of liability apply to KickAssSports‘ liability for damages, without prejudice to the other statutory requirements for claims.
KickAssSports shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence.
Furthermore, KickAssSports is liable for the slightly negligent breach of essential obligations, the breach of which endangers the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on the compliance with which the athlete regularly relies on. In this case, however, KickAssSports shall only be liable for the foreseeable damage that is typical for the contract. KickAssSports is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. The liability according to the product liability law remains unaffected.
Insofar as the liability of KickAssSports is excluded or limited, this shall also apply to the personal liability of employees, representatives, and vicarious agents.
10. Storage of the contract text
The athlete can print out the text of the contract before submitting the order to KickAssSports by using the print function of his browser in the last step of the order.
KickAssSports will also send the athlete an order confirmation with all details of the order to the e-mail address provided by the athlete. Together with the order confirmation, the athlete will also receive a copy of the General Terms and Conditions as well as the cancellation policy and the information on the delivery and provision terms and payment conditions. If the athlete is registered on the KickAssSports website, they can view the orders placed in their profile area. Also, we store the text of the contract, but do not make it accessible on the Internet.
11. Final provisions
KickAssSports reserves the right to change provisions of these terms and conditions at any time and without explanation. The main performance obligations to be fulfilled by the parties shall not be affected by these changes. The athlete shall be notified of the amended regulations at least two weeks before they come into force. If the athlete does not object to the validity of the new regulations within four weeks (after receipt of the above-mentioned notification), the amended conditions shall be deemed accepted. KickAssSports will separately point out the significance of this period, the right to object, and the legal consequences of silence.
The contractual language is German. This agreement shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
12. Addition KickAss Basic (Run) subscription
When taking out the Kickass Basic Triathlon or KickAss Basic Run subscription, the following conditions continue to apply.
Please note: In case of doubt, only the German version of the agreement shall prevail.
The place of jurisdiction and fulfillment – insofar as this can be legally agreed – is Heidelberg in Germany.
The platform of the European Commission for online dispute resolution (OS) for consumers: http://ec.europa.eu/consumers/odr/. We are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.