General Terms and Conditions and User Information
§ 1 Basic provisions
(1) The following terms and conditions apply to all contracts between STRASSENKICKER Lukas Podolski Vermarktung für Persönlichkeitsrechte (STRASSENKICKER Lukas Podolski Vermarktung für Persönlichkeitsrechte), Zollstockgürtel 61, Haus 3| Loft 5, 50969 Köln, Germany – hereinafter referred to as the “Provider” – and the Customer, concluded through the website of the Provider www.strassenkicker.com . The Customer’s own terms and conditions do not apply unless otherwise agreed.
(2) A Customer is any natural person who enters into a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activities. In contrast, the Contractor is any natural or legal person or unincorporated organisation which, upon conclusion of the contract, is carrying out any commercial or independent professional activity.
(3) The contract language is German. The full text of the contract is not saved by the Provider. Before submitting the order via the online shopping cart system, the contract data can be printed using the print function of the browser or saved electronically. After receipt of the order by the Provider, the order data, the information required by law for distance contracts and the terms and conditions will be sent again to the Customer via email as per § 2 of the contract.
The subject of the contract is the sale of goods. Details about the goods to be sold, in particular their key characteristics, can be found in the item description and additional information provided on the Provider’s website.
§ 3 Formation of contract
(1) The representation of products by the Provider on the Internet are non-binding and do not constitute a binding offer to conclude a contract.
(2) The Customer can make a binding purchase offer (order) via the online shopping cart system. To do so, goods intended to be purchased are placed in the “shopping cart”. Using the appropriate button in the navigation bar, the Customer can call up the “shopping cart” and make changes at any time. After clicking on “checkout” and entering personal details, payment and shipping options, all order data will be displayed for the Customer’s final confirmation. If the Customer the uses the express payment system “PayPal – Express” by clicking on the “PayPal Express” button integrated in the online shop, they will be re-directed to the PayPal log-in page. After successful registration, the Customer’s PayPal address and account information will be displayed. By clicking the “continue” button the Customer is directed back to the online shop of the Provider on the order summary page. Before submitting the order, the Customer has the opportunity to check the details, to make changes (which can also be achieved by clicking the back button of the user’s browser), complete the purchase or cancel the purchase. By submitting the order with the “buy” the button the Customer makes a binding offer to the Provider. The Customer will receive an automatic email upon the receipt of this order (offer to purchase), which does not constitute the conclusion of the contract.
(3) The acceptance of the offer (and therefore the contract) takes place by confirmation in writing (e.g. email) whereby the Customer confirms the execution of the order or delivery of the goods. If the Customer has not received an order confirmation, a shipping notice or the delivery of the goods within 5 days, the Customer is no longer bound by the offer to purchase. Any payments already made will then be refunded immediately.
(4) Inquiries by the Customer to purchase goods outside of the online shopping cart system, which are transmitted to the Provider, for example, by telephone or email, are not binding on the Customer. In this case, the Provider shall submit to the Customer a binding offer in writing (e.g. by email) which the Customer may accept within 5 days.
(5) The execution of the order and submission of all information required in connection with the contract shall be by email; this process will be partially automated. The Customer must therefore ensure that the email address provided by him to the Provider is correct, that the receipt of emails is technically assured and, in particular, that receipt is not prevented by SPAM filters.
§ 4 Prices and shipping costs
(1) References as to the respective offer prices and shipping costs are final. They include all price components, including all applicable taxes. If the delivery is made to countries outside the EU, additional duties, taxes or fees may be levied against the Customer which must be paid to local customs and tax authorities. The Customer is advised to check the details with local customs and tax authorities before placing an order.
(2) The shipping costs are not included in the purchase price. They can be viewed on the “Payment and Shipping” page; they will also be listed separately during the order process and will be charged in addition to the purchase price, unless free shipping has been offered.
(3) The Customer will receive an invoice including VAT.
§ 5 Payment and shipping terms
(1) The conditions for payment and shipping can be found under the button of the same name in the navigation section.
(2) Unless otherwise agreed for individual payment methods, payments for contracts that have been accepted are due immediately.
(3) If a product chosen by the Customer unexpectedly is not available, despite the conclusion in due time of an adequate covering transaction, and despite the reason behind the non-availability not be the Provider’s responsibility, the Customer will immediately be informed about the unavailability and immediately refunded in the event that any payments have already been made.
(4) If the Customer is a consumer, the consumer assumes the risk for accidental loss or deterioration of the goods sold during shipment only after the goods are delivered to the Customer, regardless of whether the shipment is insured or uninsured.
§ 6 Lien, retention of title
(1) The Customer can only exercise a lien to the extent that the claim stems from the same contractual relationship.
(2) The goods remain the property of the Provider until the full purchase price has been paid by the Customer.
§ 7 Warranty
(1) The statutory provisions apply.
(2) As a consumer, the Customer is requested to examine the goods immediately upon delivery for completeness, obvious defects and damage and notify the Provider and the shipping agent as quickly as possible in the event of any complaints. A failure by the Customer to comply with this has no effect on the Customer’s statutory right to make warranty claims.
§ 8 Liability
(1) The Provider shall be liable in each case without limitation for damages for injury to life, body or health, all cases of intent and gross negligence, fraudulent concealment of a defect in the transfer of guarantee for the quality of the purchased item, damage in accordance with the German Product Liability Act and in all other cases established by law.
(2) If material contractual obligations are concerned, the liability of the Provider in case of slight negligence shall be limited to the contract-typical, foreseeable damage. Material contractual obligations are essential obligations arising from the nature of the contract, where the breaching of these would endanger the purpose of the contract and obligations that the Provider imposes through the contract content towards the purpose of the contract, which makes the proper performance of the contract possible and on which the Customer relies.
(3) For breaches of minor contractual obligations, liability for damage caused by acts of slight negligence is excluded.
(4) Given the current state of technology, data communications over the internet cannot be guaranteed to free of errors and/or available at all times. The Provider is not liable for continuous uninterrupted availability of the website and the services offered there.
§ 9 Applicable law, place of performance, jurisdiction
(1) German law applies. For consumers, this choice of law only applies insofar as this does not deprive the consumer of the protections afforded by the mandatory provisions of the laws of the state where he/she has his/her customary domicile.
(2) The place of performance for all transactions with the Provider and the place of jurisdiction is the Provider’s headquarters, provided that the Customer is not a consumer, but a merchant, legal entity under public law or other entity organized under public law. The same applies if the Customer has no general jurisdiction in Germany or the EU or the domicile or habitual residence is not known at the time legal action is taken. The authority to file suit in another legal jurisdiction remains unaffected.
The provisions of the UN Sales Convention do not apply.