General Terms and Conditions - Gate 194 / Overkill

 

The following general terms and conditions are contractual conditions for the purchase of goods via the webpage www.gate194.berlin. Gate is a registered trademark of Overkill GmbH. Overkill GmbH (hereinafter referred to as Gate 194, Gate or Overkill), represented by its Managing Directors Thomas Peiser and Marc Leuschner, Köpenicker Straße 195 a, 10997 Berlin, offers goods which can be ordered by customers. A sales contract between Overkill GmbH and the customer is concluded exclusively under the terms of contract listed here.

Please read these terms and conditions carefully as they contain important information about your contractual rights and obligations.

 

Table of Contents

  1. 1.      Scope
  2. 2.      Contracting Party, Conclusion of the Contract
  3. 3.      Terms of Delivery and Prices
  4. 4.      Payment (Payment Service Provider)
  5. 5.      Retention of Title
  6. 6.      Damage in Transit
  7. 7.      Warranty and Guarantees
  8. 8.      Liability and Exclusion of Liability
  9. 9.      Cancellation Policy
  10. 10.   Code of Conduct
  11. 11.   Data Protection
  12. 12.   Settlement of Disputes
  13. 13.   Final Provisions

 

We are pleased to welcome you!

 

1. Scope of Application

(1) The following General Terms and Conditions of Business (GTC) in the version valid at the time of the order apply exclusively to all orders placed via Gate's online shop (a brand of Overkill GmbH). Our online shop is aimed exclusively at consumers.

A consumer (within the German Civil Law [Bürgerliches Gesetzbuch, BGB]) is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.

(2) Overkill reserves the right to amend these GTC at any time in accordance with this provision. If Overkill makes changes to these Terms of Use, the changed Terms of Use will be published on the website and the date of the last update at the beginning of these Terms of Use will be updated.

 

2. Contracting Party, Conclusion of the Contract

(1) The purchase contract is concluded with Overkill GmbH (hereinafter "Gate/ Overkill"), represented by the managing directors Thomas Peiser and Marc Leuschner, Köpenicker Straße 195 a, 10997 Berlin.

(2) The customer can choose products from Gate's assortment, especially sneakers, clothing, graffiti accessories and accessories and collect them in a so-called shopping cart by clicking the button "add to cart".

By clicking on the button "order subject to payment", the customer submits a binding request to purchase the goods in the shopping cart. Before sending the order, the customer can change and view his data at any time.

However, the binding application to purchase the goods can only be submitted and transmitted if the customer has accepted the local contract conditions by clicking on the button "Accept GTC".

(3) Gate will then send the customer an automatic confirmation of receipt by e-mail, in which the customer's order is listed and which is thus available to the customer for saving or printing for his own records. This automated confirmation of receipt merely documents that Gate has received the customer's order and does not constitute an acceptance of the customer's request. Acceptance of the order (customer's request) is only concluded when Gate issues the order confirmation (acceptance), which is sent in a separate e-mail.

(4) The contract text is available in German and English. However, the contract is concluded exclusively on the basis of the German language version of the contract text.

 

3. Terms of Delivery and Prices

(1) Delivery times stated by us are calculated from the date of our order confirmation.

(2) All prices quoted on Gates' website are inclusive of the applicable statutory value added tax.

(2) In addition to the stated product prices, shipping costs may be incurred depending on the shipping service provider. You will find more detailed information on any shipping costs that may be incurred in the respective offers. The shipping costs are to be borne by the customer without exception.

(3) In principle, you have the option of picking up your order at our shop at Gate - Köpenicker Str. 194, 10997 Berlin, Germany during the business hours stated below: Mo-Fr 12:00-20:00 (after confirmation email).

(4) If no copies of the goods selected by the customer are available at the time of the customer's order, Gate will inform the customer immediately in the order confirmation. If the product is permanently unavailable, Gate will refrain from issuing a declaration of acceptance. In this case, no contract is concluded.

(5) If the goods designated by the customer in the order are temporarily unavailable, Gate will inform the customer of this.

 

4. Payment (Payment Service Provider)

In the Gate194 online shop the following payment methods are basically available:

a)      Prepayment

If you choose the payment method prepayment, we will give you our bank details in a separate e-mail and deliver the goods after receipt of payment.

 

b)      Credit card

When you place your order, you provide your credit card details. After your legitimation as a legitimate cardholder, the payment transaction will be carried out automatically and your card will be charged.

 

c)      PayPal, PayPal Express

During the ordering process you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or first register, authenticate with your access data and confirm the payment order to us. After placing the order in the shop, we will ask PayPal to initiate the payment transaction. The payment transaction will be carried out automatically by PayPal immediately afterwards. You will receive further instructions during the ordering process.

 

d)      PayPal Plus

Within the framework of the payment service PayPal Plus we offer you different payment methods as PayPal Services. You will be forwarded to the website of the online provider PayPal. There you can enter your payment data, confirm the use of your data by PayPal and the payment instruction to PayPal.

 

If you have chosen the payment method PayPal, you have to be registered there to be able to pay the invoice amount or you have to register first and legitimize with your access data. The payment transaction will be carried out automatically by PayPal immediately after confirmation of the payment order. You will receive further instructions during the ordering process.

 

e)      Instant by Klarna

After placing the order, you will be redirected to the website of the online provider Sofort GmbH. In order to be able to pay the invoice amount via Sofort, you must have a bank account that is activated for online banking, legitimize yourself accordingly and confirm the payment order to us. You will receive further instructions during the ordering process. The payment transaction will be carried out immediately afterwards by Sofort and your account will be debited.

 

f)       Paydirect

After placing the order you will be redirected to the website of the online provider paydirekt. In order to be able to pay the invoice amount via paydirekt, you must have an online banking account that has been activated for participation in paydirekt, be registered there or register first, identify yourself with your access data and confirm the payment order to us. Immediately after placing your order, we request paydirekt to initiate the payment transaction. The payment transaction is automatically carried out by paydirekt. You will receive further instructions during the ordering process.

 

g)      Purchase on account and financing through Klarna

In cooperation with Klarna AB (www.klarna.de), Sveavägen 46, Stockholm, Sweden, we offer invoice purchase and instalment purchase as payment options.

Please note that Klarna Invoice and Klarna Installment Purchase are only available for customers and that payment must be made to Klarna in each case.

aa ) Klarna instalment purchase With Klarna's financing service you can pay for your purchase flexibly in monthly instalments of at least 1/24 of the total amount (but at least € 6.95). For more information about Klarna Instalment Purchase including the General Terms and Conditions and the European Standard Information for Consumer Credit, please visit https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/account

bb ) Klarna invoice When buying on account with Klarna you always get the goods first and you always have a payment period of 14 days. The complete terms and conditions for purchase on account can be found here: https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/invoice?fee=0 .

 

5. Retention of Title (Ownership)

The goods remain our property until full payment has been made (so-called purchase under reservation of title).

 

6. Transport Damage

(1) If goods are delivered with obvious transport damage, please complain about such defects to the deliverer as soon as possible and please contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance company.

(2) Overkill GmbH bears the shipping risk.

 

7. Warranty and Guarantees

The statutory liability for defects shall apply. Information on any additional warranties that may apply and their exact conditions can be found with the product and on special information pages in the online shop.

Customer service: Customer service hotline: 030 69 506 126 (Mo-Fr 8-18H) / eMail:

service@gate194.berlin (Mon-Fri 8-18H)

 

8. Liability and Exclusion of Liability

(1) For claims based on damages caused by us, our legal representatives or vicarious agents, we shall always be liable without limitation if the violations are based on an intentional or grossly negligent breach of duty. This applies exclusively to

  • in case of injury to life, body or health,

 

(2) Gate / Overkill is also liable in the event of violation of essential contractual obligations (cardinal obligations) caused by slight negligence on the part of Gate, its legal representatives or vicarious agents.

Essential contractual obligations are those whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely.

(3) In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical for the contract if this was caused by simple negligence, unless the Customer's claims for damages are based on injury to life, body or health.

(4) Otherwise, claims for damages by the customer are excluded.

(5) The provisions of the Product Liability Act shall remain unaffected.

 

9. Revocation Instruction

(1) When concluding a distance selling transaction, customers generally have a statutory right of revocation, which Gate will inform about in the following in accordance with the statutory model. The exceptions to the right of revocation are regulated in paragraph (2). Paragraph (3) contains a sample revocation form.

 

Consumers have a right of withdrawal within 14 days.

Right of withdrawal

You have the right to revoke this contract within fourteen days without giving reasons.

The withdrawal period is fourteen days from the day on which you or a third party designated by you, other than the carrier, took possession of the goods.

In order to exercise your right of revocation, you must inform us (Overkill GmbH, Köpenicker Str. 195a, 10997 Berlin, Germany, service@gate194.berlin, phone: +493069818379, fax: +493069567788) by means of a clear declaration (e.g. a letter, fax or e-mail sent by post) of your decision to revoke this contract. You may use the attached sample revocation form for this purpose, but this is not mandatory.

In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.

Consequences of revocation

If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (other than any additional charges arising from your choosing a different method of delivery from the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date on which we receive notice of your revocation of this Agreement. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to make any refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us or to Gate194 / Overkill GmbH (Aufgang W. 2.OG) Wolfener Str. 3612681 Berlin without delay and in any case within fourteen days at the latest from the day on which you inform us of the cancellation of this contract. The deadline is deemed to have been met if you send the goods before the end of the fourteen-day period. You shall bear the direct costs of returning the goods. You shall only be liable for any loss of value of the goods if this loss of value is due to handling of the goods that is not necessary for testing their condition, properties and functionality.

(2) The right of withdrawal does not apply to the following contracts:

  • contracts for the supply of sealed goods which are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery
  • contracts for the supply of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery
  • Contracts for the supply of newspapers, periodicals or magazines other than subscription contracts.

(3) Model revocation form

(If you want to cancel the contract, please fill out this form and send it back to Gate / Overkill)

To: Gate 194 / Overkill GmbH

Gate 194 / Overkill GmbH

Köpenicker Str. 195a

10997 Berlin

or

service@gate194.berlin

or

fax: +493069567788

 

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

–       Ordered on (*)/received on (*)

–       Name of the consumer(s)

–       Address of the consumer(s)

–       Signature of the consumer(s) (only in case of communication on paper)

–       Date

(*) Delete as applicable.

 

The revocation instruction can also be called up here.

 

10. Code of Conduct

We have subjected ourselves to the following codes of conduct:

Trusted Shops Quality criteria

http://www.trustedshops.com/tsdocument/ TS_QUALITY_CRITERIA_en.pdf

 

11. Data Protection

We take the protection of your (personal) data very seriously. Our privacy policy can be viewed here.

 

12. Dispute Settlement

The European Commission provides an Online Dispute Resolution (OS) platform, which you can find here https://ec.europa.eu/consumers/odr/

 

For the settlement of disputes arising from a contractual relationship with a consumer or whether such a contractual relationship exists at all, we are obliged to participate in dispute settlement proceedings before a consumer arbitration board. The competent authority is the Allgemeine Verbraucherschlichtungsstelle des Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de. We will participate in dispute resolution proceedings before this office.

 

13. Final Provisions

(1) Contracts between Gate and the customer are subject to the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions restricting the choice of law and the applicability of mandatory regulations, in particular those of the state in which the customer as a consumer has his habitual residence, remain unaffected.

(2) The AGBs remain binding in their remaining parts even if individual points are legally ineffective. In place of the ineffective points, the legal regulations, if any, shall apply. However, if this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.