Terms of service

Table of Contents

1. Scope
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Terms
6. Retention of Title
7. Defect Liability (Warranty)
8. Liability
9. Applicable Law
10. Alternative Dispute Resolution

1) Scope
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Julian Bretsch, operating under "kinggear.store" (hereinafter referred to as the "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller regarding the goods displayed by the Seller in their online shop. The inclusion of the Customer's own conditions is hereby rejected unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.

1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of Contract
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers from the Seller but serve as an invitation for the Customer to submit a binding offer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. After placing the selected goods into the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding contractual offer by clicking the button that finalizes the order.

2.3 The Seller can accept the Customer's offer within five days:

  • By sending the Customer a written order confirmation or a confirmation in text form (fax or email), where the receipt of the order confirmation by the Customer is decisive, or
  • By delivering the ordered goods to the Customer, where the receipt of the goods by the Customer is decisive, or
  • By requesting the Customer to pay after the order has been placed.
    If several of the above alternatives are available, the contract is concluded when one of the alternatives first occurs. The acceptance period begins on the day after the Customer sends the offer and ends on the fifth day following the sending of the offer. If the Seller does not accept the offer within this period, this is considered a rejection of the offer, and the Customer is no longer bound by their declaration of intent.

2.4 If the Customer selects a payment method offered by PayPal, the payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), under the applicable PayPal terms of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the Customer does not have a PayPal account – under the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays via a PayPal payment method, the Seller hereby accepts the Customer's offer at the moment the Customer clicks the button that completes the order.

2.5 When submitting an offer via the Seller’s online order form, the contract text is stored by the Seller after the conclusion of the contract and will be sent to the Customer in text form (e.g., email, fax, or letter) after the Customer submits their order. Further access to the contract text by the Seller is not provided. If the Customer has created a user account in the Seller's online shop before submitting their order, the order data will be archived on the Seller’s website and can be retrieved by the Customer through their password-protected user account using the corresponding login details.

2.6 Before bindingly submitting the order via the Seller’s online order form, the Customer can recognize potential input errors by carefully reading the information displayed on the screen. An effective technical means for better identifying input errors can be the zoom function of the browser, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process as long as they use the usual keyboard and mouse functions, until they click the button that completes the order.

2.7 Various languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.

2.8 The order processing and contact typically take place via email and automated order processing. The Customer must ensure that the email address provided for order processing is correct, so that emails sent by the Seller can be received. In particular, the Customer must ensure that all emails sent by the Seller or third parties commissioned by the Seller for order processing are delivered, especially if they are using SPAM filters.

3) Right of Withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller's withdrawal policy.

4) Prices and Payment Terms
4.1 Unless otherwise stated in the product description, the prices listed are total prices. No VAT is charged, as the Seller is exempt from VAT as a small business. Any additional delivery and shipping costs will be specified in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases, which are not covered by the Seller and must be borne by the Customer. These include, for example, fees for money transfers through credit institutions (e.g., transfer fees, exchange rate fees) or import duties and taxes (e.g., customs duties). Such costs may also arise with regard to money transfers even if the delivery does not take place in a country outside the European Union, but the Customer makes the payment from a country outside the European Union.

4.3 The available payment methods will be communicated to the Customer in the Seller's online shop.

4.4 When selecting a payment method offered via PayPal, payment processing is carried out via PayPal, which may also use third-party payment service providers. If the Seller offers payment methods via PayPal where they make an advance payment (e.g., invoice purchase or installment payment), they assign the claim to PayPal or to the third-party payment service provider commissioned by PayPal, and specifically named to the Customer. Before accepting the assignment declaration from the Seller, PayPal or the third-party payment service provider commissioned by PayPal will conduct a credit check using the transmitted customer data. The Seller reserves the right to refuse the selected payment method in the event of a negative credit check result. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or intervals. In this case, payment can only be made to PayPal or the third-party payment service provider with discharging effect. However, the Seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery time, shipping, returns, complaints, cancellation declarations, and refunds.

5) Delivery and Shipping Conditions
5.1 If the Seller offers the shipment of goods, delivery will be made within the Seller's specified delivery area to the address provided by the Customer, unless otherwise agreed. The delivery address provided in the Seller's order processing is decisive. However, when selecting PayPal as the payment method, the delivery address stored by the Customer at the time of payment with PayPal is decisive.

5.2 If delivery fails due to reasons attributable to the Customer, the Customer will bear the reasonable costs incurred by the Seller. This does not apply to shipping costs if the Customer effectively exercises their right of withdrawal. For return costs, the Seller’s withdrawal policy applies when the Customer effectively exercises their right of withdrawal.

5.3 If the Customer is an entrepreneur, the risk of accidental loss or deterioration of the sold goods passes to the Customer once the Seller has handed the goods over to the carrier, freight forwarder, or any other person or institution designated to carry out the shipment. If the Customer is a consumer, the risk of accidental loss or deterioration of the sold goods passes to the Customer only upon delivery of the goods to the Customer or to a recipient authorized to receive the goods. In contrast, the risk passes to the Customer even for consumers once the Seller has handed the goods over to the carrier, freight forwarder, or any other person or institution designated to carry out the shipment, if the Customer has commissioned the carrier or freight forwarder and the Seller has not named this person or institution prior to delivery.

5.4 The Seller reserves the right to withdraw from the contract in case of incorrect or improper self-supply. This applies only if the non-delivery is not the fault of the Seller and the Seller has concluded a specific covering transaction with the supplier with due care. The Seller will make every reasonable effort to procure the goods. In the event of non-availability or partial availability of the goods, the Customer will be promptly informed, and the consideration will be promptly refunded.

5.5 Self-pickup is not possible for logistical reasons.

6) Retention of Title
If the Seller makes an advance payment, they retain ownership of the delivered goods until full payment of the purchase price.

7) Defect Liability (Warranty)
Unless otherwise stated in the following provisions, the statutory provisions on defect liability apply. The following deviations apply to contracts for the delivery of goods:

7.1 If the Customer is an entrepreneur,

  • the Seller has the choice of the type of supplementary performance;
  • the limitation period for defects in new goods is one year from the delivery of the goods;
  • claims and rights due to defects in used goods are excluded;
  • the limitation period does not restart if a replacement delivery is made under the warranty.

7.2 If the Customer is a consumer, the limitation period for claims due to defects for contracts involving used goods is one year from the delivery of the goods, unless expressly and separately agreed otherwise between the parties and the Customer has been specifically informed of the shortened limitation period before submitting their declaration of intent.

7.3 The limitations of liability and the shortened time limits mentioned above do not apply

  • to claims for damages and reimbursement of expenses by the Customer,
  • if the Seller has fraudulently concealed the defect,
  • to goods that have been used for construction work according to their usual purpose and caused defects in the construction,
  • to the Seller's obligation to provide updates for digital products in contracts for the delivery of goods with digital elements.

7.4 Additionally, the statutory limitation periods for any legal recourse claims remain unaffected for entrepreneurs.

7.5 If the Customer is a merchant within the meaning of § 1 HGB, they are subject to the commercial inspection and notification obligations under § 377 HGB. If the Customer fails to fulfill these notification obligations, the goods are deemed approved.

7.6 If the Customer is a consumer, they are requested to complain about obvious transport damage to the carrier and inform the Seller accordingly. Failure to do so will not affect their statutory or contractual claims for defects.

8) Liability
The Seller is liable to the Customer for all contractual, quasi-contractual, and legal claims for damages and reimbursement of expenses as follows:

8.1 The Seller is fully liable

  • in case of intent or gross negligence,
  • for willful or negligent injury to life, body, or health,
  • based on a guarantee commitment unless otherwise stated,
  • due to mandatory liability such as under the Product Liability Act.

8.2 If the Seller negligently breaches a significant contractual obligation, liability is limited to the typical, foreseeable damage, unless they are fully liable according to the above provision. Significant contractual obligations are those that the contract imposes on the Seller to achieve the contractual purpose, whose fulfillment enables the proper performance of the contract, and on whose observance the Customer may regularly rely.

8.3 In all other cases, the Seller’s liability is excluded.

8.4 The above liability provisions also apply to the Seller’s liability for their agents and legal representatives.

9) Applicable Law
For all legal relationships between the parties, the law of the Federal Republic of Germany applies, excluding the international laws on the purchase of movable goods. For consumers, this choice of law applies only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence.

10) Alternative Dispute Resolution
10.1 The EU Commission provides a platform for online dispute resolution at the following link: https://ec.europa.eu/consumers/odr.

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

10.2 The Seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

Status: 15.01.2025, 19:21:01 Uhr