Table of contents
1. Scope of application
2. Contractual partner, conclusion of contract, correction options
3. Contract language, contract text storage
4. Subject matter of the contract
5. Provision of the service
6. Termination of contract after provision of service
7. Payment
8. Right of withdrawal
9. Liability
10. Dispute resolution
11. Final provisions
12. 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), consumers are any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity.
For Austria: In the following terms and conditions, “consumer” means “consumer” within the meaning of the Consumer Protection Act (KSchG).
For Switzerland: In the following terms and conditions, “consumer” means “consumer” under Swiss law.
For 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 submit 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 contract text and send you the order data and our GTC in text form. For security reasons, the contract text is no longer accessible via the Internet.
4. subject matter of the contract
The subject matter of the contract is the provision of a service. The creation of a work or the achievement of a specific result 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 work. 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 an appointment for the provision of services has not yet been made 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 provide the service in a professional and timely manner.
5.3 Your obligations 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 content of the contract.
You are (also) obliged to perform the following further acts of cooperation insofar as they are necessary for the provision of the service: Submit documents in good time and in full, attend agreed appointments
5.4 Selection of the service provider
We shall 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 service
The contract ends automatically once the agreed service has been provided in full, without the need for termination.
Any extraordinary right of termination without notice for good cause remains unaffected. Good cause exists if the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period, taking into account all circumstances of the individual case and weighing up the interests of both parties. The following applies to consumers in Germany: The regulation of § 627 BGB remains unaffected. Notice of termination must be given in text form (e.g. letter, e-mail).
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 is carried out by PayPal immediately after the order is placed. 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.
Warranty for defects
For consumers in Austria and Switzerland, the following applies: The warranty for defects that may apply to the contract applies without restriction.
Guarantees 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 reach our customer service for questions, complaints and objections on weekdays from 09:00 – 16:00 by e-mail at ed.stropsssakcik@ofni
9. liability
For claims based on damage caused by us, our legal representatives or vicarious agents, we shall always be liable without limitation in the event of injury to life, limb or health, in the event of intentional or grossly negligent breach of duty, in the event of warranty promises, insofar as agreed, or insofar as the scope of application of the Product Liability Act is opened. In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, liability shall be limited to the amount of damage foreseeable at the time of conclusion of the contract, 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 place of business.
12 Warranty and guarantees