General Terms and Conditions
Table of contents1. Scope of application2. Contractual partner, conclusion of contract, correction options3. Contract language, contract text storage4. Subject matter of the contract5. Provision of the service6. Termination of contract after provision of service7. Payment8. Right of withdrawal9. Liability10. Dispute resolution11. Final provisions12. Warranty and guarantees
1. scope of application
The following GTC for services apply to all orders placed via our online store by consumers and entrepreneurs (“orders”).
The following applies to Germany: According to Section 13 of the German Civil Code (BGB), a consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.
For Austria: In the following terms and conditions, “consumer” means “consumer” within the meaning of the Consumer Protection Act (KSchG).
The following applies to Switzerland: In the following conditions, “consumer” is understood to mean the “consumer” under Swiss law.
The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall only become part of the contract if we have expressly agreed to them.
2 Contractual partner, conclusion of contract, correction options
The contract is concluded with Kickass Sports GmbH.
By placing the products in the online store, we make a binding offer to conclude a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the order process. The contract is concluded when you accept the offer for the products contained in the shopping cart by clicking the order button. Immediately after sending the order, you will receive another confirmation by e-mail.
3. contract language, contract text storage
The language(s) available for the conclusion of the contract: German, English
We save the text of the contract and send you the order data and our GTC in text form. For security reasons, the text of the contract is no longer accessible via the Internet.
4. subject matter of the contract
The object of the contract is the provision of a service. The creation of a work or the achievement of a certain success is not the subject of this contract. The specific services to be provided are set out in the applicable product description, which forms an integral part of this contract. Should a need for adjustment arise after conclusion of the contract, additional agreements will be made.
5. provision of the service
We provide our services as an independent company. No employment relationship is established, and in this respect there is no right of management or instruction. Within the agreed scope of services, we provide the service on our own responsibility and at our own discretion. However, we will take your interests into consideration when organizing the activity. Unless otherwise agreed, we use our own resources to provide the service. Each contracting party is responsible for compliance with tax and insurance obligations and other applicable statutory provisions in its own right.
5.1 Making an appointment
If no date for the provision of services has yet been agreed when the contract is concluded via our online store, we will contact you for this purpose after the contract has been concluded.
5.2 Timely and professional execution
We will perform the work in a professional manner and on time.
5.3 Your duty to cooperate
You are obliged to provide the information required for the provision of the service in a timely, truthful and complete manner. This applies if and insofar as the procurement of information does not fall within our scope of duties according to the respective contract content.
You are (also) obliged to provide the following additional acts of cooperation, insofar as they are necessary for the provision of the service: Submit documents on time and in full, attend agreed appointments
5.4 Cancellations and Cancellation Fees
The following cancellation policy applies to booked bike fittings and other time-specific services:
You may cancel or reschedule free of charge no later than 48 hours before the scheduled appointment.
If a cancellation or rescheduling occurs less than 48 hours before the appointment, we will charge a cancellation fee equal to 50% of the agreed-upon fee.
If the cancellation is made less than 24 hours before the appointment, or if the customer fails to appear at the agreed-upon appointment without prior notice, the full agreed-upon fee shall be due as lump-sum compensation for damages. The customer reserves the right to prove that no damages were incurred or that the damages were significantly less.
In the event of illness, accident, or similar unforeseeable circumstances, the cancellation fee will be waived provided that appropriate proof (e.g., a doctor’s note) is submitted to us immediately.
5.5 Selection of the Service Provider
We provide the service at our discretion either in person or through qualified personnel selected by us. We expressly reserve the right to have services provided by third parties (subcontractors) acting on our behalf. You are only entitled to select a specific person to provide the service if and insofar as this is expressly stated in the applicable service description. If and insofar as third parties are used to provide services, we shall remain fully responsible for the performance of the contractual obligations. Before employing third parties, we shall check their reliability, suitability in terms of professional training, experience and/or ability to provide the contractual services and shall oblige them to do so.
6. termination of contract after provision of services
The contract ends automatically once the agreed service has been provided in full, without the need for termination.
Any right to terminate the contract immediately for good cause remains unaffected. Good cause exists if, taking into account all circumstances of the individual case and weighing the interests of both parties, the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination date or until the expiration of a notice period. For consumers in Germany: The provisions of Section 627 of the German Civil Code (BGB) remain unaffected. Notice of termination must be provided in writing (e.g., letter, email).
7. payment
The remuneration agreed in each case relates exclusively to the service agreed upon conclusion of the contract. If additional services are requested, further agreements must be made. If and as long as we are prevented from providing the service, in particular due to illness, accident, etc., we shall not be entitled to any remuneration for this period.
The following payment methods are available in our store.
Credit card Enter your credit card details during the ordering process.
Your card will be charged immediately after you place your order.
PayPal In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), you must be registered with PayPal, legitimize yourself with your access data and confirm the payment instruction.
The payment transaction will be processed by PayPal immediately after you place your order. You will receive further instructions during the ordering process.
PayPal can offer registered PayPal customers, selected according to its own criteria, further payment methods in the customer account. However, we have no influence on the offering of these modalities; other individually offered payment modalities affect your legal relationship with PayPal. You can find further information on this in your PayPal account.
Google Pay In order to be able to pay the invoice amount via the payment service provider Google Ireland Ltd, Gordon House, Barrow Street, Dublin 4, Ireland (“Google”), you must be registered with Google, have activated the Google Pay function, legitimize yourself with your access data and confirm the payment instruction. The payment transaction is carried out immediately after placing the order. You will receive further instructions during the ordering process.
Apple Pay To be able to pay the invoice amount via the payment service provider Apple Inc, One Apple Park Way, Cupertino, CA 95014, USA (“Apple”), you must use the “Safari” browser, be registered with Apple, have activated the Apple Pay function, legitimize yourself with your access data and confirm the payment instruction. The payment transaction is carried out immediately after placing the order. You will receive further instructions during the ordering process.
8. right of withdrawal
Consumers are entitled to the statutory right of withdrawal as described in the withdrawal policy. Entrepreneurs are not granted a voluntary right of withdrawal.
Liability for defects
The following applies to consumers in Austria and Switzerland: The law on liability for defects applicable to the contract applies without restriction.
Warranties and customer service
Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online store.
Customer Service: You can contact our customer service team with questions, complaints, or claims on weekdays from 9:00 a.m. to 4:00 p.m. by email at ed.stropsssakcik@ofni
9. Liability
We are always fully liable to consumers residing in Austria. In all other cases, the following applies: For claims arising from damages caused by us, our legal representatives, or our agents, we are always liable without limitation in cases of injury to life, limb, or health; in cases of intentional or grossly negligent breach of duty; in the case of warranty promises, to the extent agreed, or to the extent that the scope of application of the Product Liability Act applies. In the event of a breach of material contractual obligations—the fulfillment of which is essential for the proper performance of the contract and on the observance of which the contracting party may regularly rely— (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives, or on the part of our vicarious agents, liability is limited in amount to the damage foreseeable at the time the contract was concluded, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.
10. Dispute Resolution
We are not obliged or willing to participate in dispute resolution proceedings before a consumer arbitration board.
11. final provisions
If you are an entrepreneur, German law applies.
If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our registered office.
12 Warranty and guarantees
