Terms of service

General Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to all contracts that you conclude with us as the provider (Just For Kicks Music) via the website www.justforkicks.de. Unless otherwise agreed, the inclusion of any of your own terms and conditions is hereby rejected.

(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 Conclusion of the contract

(1) The subject of the contract is the sale of goods. Our offers on the Internet are non-binding and do not constitute a binding offer to conclude a contract.

(2) You can submit a binding purchase offer (order) via the online shopping cart system. The goods you intend to purchase are placed in the "shopping cart". You can access the "shopping cart" using the corresponding button in the navigation bar and make changes there at any time. After calling up the "Checkout" page and entering your personal data as well as the payment and shipping conditions, all order data will be displayed again on the order overview page. Before submitting the order, you have the opportunity to check all the information again, change it (also using the "back" function of the Internet browser) or cancel the purchase. By submitting the order using the "buy" button, you are submitting a binding offer to us. You will first receive an automatic email confirming receipt of your order, but this does not yet constitute a contract.

(3) Acceptance of the offer (and thus conclusion of the contract) takes place within 2 days by confirmation in text form (e.g. email), in which the execution of the order or delivery of the goods is confirmed to you (order confirmation). If you have not received a corresponding message, you are no longer bound to your order. In this case, any services already provided will be refunded immediately.

(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by email. You must therefore ensure that the email address you have provided to us is correct, that the receipt of the emails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.

§ 3 Right of retention, retention of title

(1) You can only exercise a right of retention if it concerns claims arising from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

§ 4 Liability

(1) We are liable without limitation for damages resulting from injury to life, body or health. We are also liable without limitation in all cases of intent and gross negligence, in the case of fraudulent concealment of a defect, in the case of assuming a guarantee for the quality of the purchased item and in all other cases regulated by law.

(2) Liability for defects within the scope of the statutory warranty is governed by the corresponding regulation in our customer information (Part II).

(3) If essential contractual obligations are affected, our liability in the event of slight negligence is limited to the foreseeable damage typical of the contract. Essential contractual obligations are essential obligations that arise from the nature of the contract and the violation of which would jeopardize the achievement of the purpose of the contract, as well as obligations that the contract imposes on us according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance you can regularly rely.

(4) In the event of a breach of non-essential contractual obligations, liability is excluded for slightly negligent breaches of duty.

(5) Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times given the current state of technology. We are not liable for the constant or uninterrupted availability of the website and the services offered there.

§ 5 Choice of law, place of performance, place of jurisdiction

(1) German law applies. For consumers, this choice of law only applies insofar as this does not deprive the consumer of the protection granted by mandatory provisions of the law of the state of habitual residence (favorability principle).

(2) The place of performance for all services arising from the business relationship with us and the place of jurisdiction is our registered office, provided that you are not a consumer, but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual residence is not known at the time the action is brought. The right to also appeal to the court at another legal place of jurisdiction remains unaffected.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.

II. Customer information

1. Identity of the seller

Just For Kicks Music
Owner: Nicole Väth
Forsthof Julianka
Alte Landstr. 17
25524 Heiligenstedten
Germany
Telephone: +49 4821 403000
E-mail: info@justforkicks.de

The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at http://ec.europa.eu/odr.

2. Information on the conclusion of the contract

The technical steps for concluding the contract, the conclusion of the contract itself and the correction options are carried out in accordance with Section 2 of our General Terms and Conditions (Part I).

3. Contract language, storage of the contract text

3.1. The contract language is German.

3.2. We do not save the complete contract text. Before sending the order via the online shopping cart system, the contract data can be printed out or saved electronically using the browser's print function. After we receive the order, the order data, the legally required information for distance selling contracts and the General Terms and Conditions will be sent to you again by email.

4. Essential characteristics of the goods or services

The essential characteristics of the goods and/or services can be found in the item description and the additional information on our website.

5. Prices and payment methods

5.1. The prices and shipping costs listed in the respective offers represent total prices. They include all price components including all applicable taxes.

5.2. The shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective item description, are shown separately during the ordering process and must be borne by you in addition, unless free shipping has been promised.

5.3. The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective item description.

5.4. Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.

6. Delivery conditions

6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labelled button on our website or in the respective item description.

6.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipping only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.

7. Statutory liability for defects

7.1. The statutory liability for defects applies.

7.2. As a consumer, you are asked to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to report any complaints to us and the carrier as soon as possible. If you do not do this, this will have no effect on your statutory warranty claims.

last updated: August 7, 2017