General Terms and Conditions (T&Cs)

§ 1
Scope & Protective Clause

(1) For those on the Internet shop justified legal relations between the operator of the shops (hereinafter referred to as "provider") and its customers only the following terms and conditions in the current version at the time of ordering.

(2) Deviating General Terms and Conditions of the Customer will be made null and void.

§ 2
Conclusion of the contract

(1) The presentation of products on the internet shop does not represent a binding offer from the supplier to conclude a purchase contract. The customer is solely being invited to order through an offer.

(2) By ordering via the Internet shop, the customer submits a binding offer directed towards the conclusion of a sale of the products contained in the basket. By submitting an order, the customer also accepts these Terms and Conditions as the sole authoritative document for their legal relationship with the supplier.

(2) The supplier shall acknowledge receipt of the customer's order by sending a confirmation email. This confirmation does not yet constitute acceptance of the contractual offer by the supplier. It serves only to inform the customer that the order has been received by the supplier. The declaration of acceptance of the offer will be made by the delivery of products or by an explicit declaration of acceptance.

§ 3
Reservation of Proprietary Rights

The delivered goods remain the property of the supplier until a full payment is made.

§ 4
Due Date

The purchase price is payable immediately upon conclusion of the contract.

§ 5
Warranty

(1) The customer’s warranty rights are based on the general statutory provisions, unless otherwise specified below. The provisions in § 6 of these Terms and Conditions apply in the case of claims for damages by the customer against the supplier.

2) The limitation period for warranty claims by customers is 2 years for consumers of new products and 1 year for used products. With regard to companies, the limitation period for newly manufactured items and used items is 1 year. The above reduction of the limitation does not apply to claims for damages by the customer due to an injury to life, limb, health, and claims for damages due to a breach of contract. Material contractual obligations are those obligations whose performance is necessary to achieve the objective of the contract, for example, the obligation of the supplier to present the item to the customer free of material and legal defects and to hand over ownership of said item. The above reduction of the limitation also does not apply to claims for damages based on an intentional or grossly negligent breach of duty of the supplier, their legal representatives or agents. For companies, the right of recourse under § 478 BGB (German Civil Code) is also excluded from the reduction of the limitation.

(3) The supplier does not declare any guarantee.

§ 6
Liability disclaimer:

(1) Claims for damages by the customer are excluded, unless agreed otherwise in the following. The above disclaimer also applies to the legal representatives and agents of the supplier, if the customer makes claims against them.

(2) Damage claims based on injury to life, limb, health, and claims for damages from breach of contract are exempt from the disclaimer specified under Section 1. Material contractual obligations are those obligations whose performance is necessary to achieve the objective of the contract, for example, the obligation of the supplier to present the item to the customer free of material and legal defects and to hand over ownership of said item. Also excluded from the disclaimer is liability for damages based on an intentional or grossly negligent breach of duty of the supplier, their legal representatives or agents.

(3) Provisions of the Product Liability Act (ProdHaftG) remain unaffected.

§ 7
SCancellation of an order

(1) Orders for products individually put together according to your wishes can only be canceled as long as the production of your design football has not yet started. To cancel your order, please contact our customer service department directly via email info@designkicker.de.

§ 8
Product return

(1) If for any reason you are not satisfied with the product you have purchased, you can file a complaint within 24 hours from the date of delivery and return your order within 14 calendar days.

In order to return ordered goods, you must confirm that the following conditions are met:

- Orders that have been put together individually (colors, figures, playing field, etc.) will not be taken back, except in cases of manufacturing errors.

- The product must not have been used.

- The product must be returned in the same condition in which it was sent to you, and whenever possible in its original packaging. If the original packaging is not available, you should replace it with a similar size and capacity that will fully protect the product.

- The product must be returned within 14 days of the receipt of your order.

- The cost of product income should be borne by the customer, except in the case of manufacturing defects.

If a returned product does not meet the requirements mentioned, we cannot make a refund. In that case, the goods will be returned to you and you will be responsible for the delivery costs.

(2) The dimensions and colors of the products mentioned on the website are not 100% reliable and may vary slightly. In a special case, please contact our customer service via email for binding information info@designkicker.de.

§ 9
Assignment and Pledging Ban

The assignment or pledge of claims by the customer to the supplier is excluded without the consent of the supplier if the customer does not prove a legitimate interest in the assignment or pledge.

§ 10
Offsets

A customer is only entitled to offset expenses provided their claim to offset of the said expenses has been established or is undisputed.

§ 11
Choice of Law & Place of Jurisdiction

The Law of the Federal Republic of Germany shall hold jurisdiction over the contractual relationship between the supplier and the customer. The mandatory consumer protection provisions of the country in which the customer holds habitual residence shall be excluded from this choice of law. The UN Convention on the International Sale of Goods is excluded.

(2) Jurisdiction for any disputes arising from the contractual relationship between the customer and the supplier is the seat of the supplier, provided the customer is a businessperson, a legal entity under public law, or a special fund under public law.

§ 12
Severability clause
Should any provision of these General Terms and Conditions be invalid, the validity of the remaining provisions shall not be affected.

Source: kluge-recht.de