Warunki świadczenia usług

These Terms of Service apply to the use of www.overkick.com and to all orders placed through the Overkick online store.

Please read these Terms carefully before placing an order.

1. Seller and contracting party

JG Ecom
Papaverweg 34
1032 KJ Amsterdam
The Netherlands

Chamber of Commerce number: 96898720
VAT identification number: NL005236082B69

Email: info@overkick.com
Website: www.overkick.com

The purchase agreement is entered into between you and the company identified above.

2. Scope

These Terms apply to orders placed by consumers through our online store.

A consumer is a natural person who places an order primarily for personal purposes and not in connection with a commercial or self-employed professional activity.

Any different terms submitted by a customer only apply where we have expressly agreed to them in writing.

Nothing in these Terms limits mandatory consumer rights.

3. Use of our online store

To place an order, you must have the legal capacity to enter into a contract or act with the permission of your legal representative.

You agree to provide complete, current and accurate information when placing an order.

You may not use our online store:

• for illegal or fraudulent activities;
• using a false identity or payment information;
• to transmit malware or harmful code;
• to bypass technical security measures;
• to disrupt or overload our website;
• for automated data collection without our permission;
• to infringe the rights of Overkick or a third party.

We may restrict access to our store or a customer account where there are reasonable grounds to suspect fraud, misuse, a security risk or another unlawful activity.

4. Product information and offers

Products displayed in our online store do not generally constitute legally binding offers. They invite you to submit an order.

We make reasonable efforts to display product colours, dimensions, materials and other characteristics accurately. Colours and details may vary slightly depending on your screen, device or display settings.

Packaging or minor product characteristics may change, provided this does not materially affect the agreed function, quality or essential characteristics of the product.

Obvious typographical, display, translation or pricing errors are not binding. Your statutory rights relating to incorrect or misleading product descriptions remain unaffected.

5. Placing an order

You can select products and add them to your shopping cart. Before submitting your order, you can:

• review the selected products;
• change the quantity;
• remove products;
• review your billing and shipping information;
• review the selected shipping and payment methods;
• correct input errors.

By clicking the final order button, you submit a binding offer to purchase the products in your cart.

The final order button clearly indicates that placing the order creates an obligation to pay.

6. Formation of the contract

After submitting your order, you will normally receive an automated acknowledgement by email.

An automatically generated acknowledgement initially only confirms that we have received your order. It only constitutes acceptance where the message expressly states that the order has been accepted.

We accept your order when we:

• send you an express order acceptance;
• confirm that your order has been shipped; or
• dispatch the ordered products.

Before accepting an order, we may reject it where:

• the product is unavailable;
• there is an obvious pricing or product error;
• payment cannot be authorised;
• the delivery address cannot be served;
• legal or regulatory restrictions apply;
• there are reasonable grounds to suspect fraud or misuse.

If we do not accept, or if we cancel an order that has already been paid, we will refund the amount received through the original payment method.

7. Contract language and storage

The contract may be entered into in the languages offered in our store at the time of your order.

We will provide your order information and the applicable contractual terms by email or another durable medium.

Where you have a customer account, certain order information may also be available through your account.

Please retain your order confirmation and the Terms applicable at the time of your order for your records.

8. Prices

Prices are displayed in euros.

The final price is shown before you complete the order. The total price includes:

• the price of the selected products;
• applicable taxes charged by Overkick;
• any other charges collected by Overkick, where applicable.

Delivery is free of charge on every order, with no minimum order value. Any additional charges, if they ever apply, will be clearly shown before you place the order.

9. Pricing errors

We make reasonable efforts to ensure that prices are correct. Obvious technical, typographical or human errors may nevertheless occur.

Where a price is clearly incorrect, we may reject the order before a contract has been formed.

Where a contract has already been formed, we will inform you of the error. The order will only be changed or cancelled where permitted by law or where you agree to the change.

Any payment received for a validly cancelled order will be refunded in full.

10. Payment

The available payment methods are displayed during checkout.

Payments may be processed through Shopify Payments, credit card providers, PayPal, Klarna, Apple Pay, Google Pay or other payment providers offered during checkout.

The terms of the selected payment provider may also apply.

Payment is generally due when the order is submitted, unless a different payment deadline is shown during checkout.

We or our payment providers may refuse a payment where:

• the payment is not authorised;
• the payment information is incorrect;
• a fraud or security risk is identified;
• the payment provider rejects the transaction.

We do not store complete credit card details ourselves. Further information about payment data can be found in our Privacy Policy.

11. Availability and quantity limits

All orders are subject to product availability.

We may apply reasonable quantity limits where:

• stock is limited;
• an order contains unusually large quantities;
• there are indications of commercial resale;
• a promotion is limited to a specific quantity;
• fraud or promotional abuse is suspected.

Where an ordered product is unavailable, we will inform you and refund the relevant amount if payment has already been made.

We will not send a materially different substitute product without your consent.

12. Delivery

We deliver to addresses in Germany.

Delivery is free of charge on every order, with no minimum order value.

Current processing, transit and total delivery times can be found in our Shipping Policy.

Delivery times are estimates unless a delivery date has been expressly confirmed as binding.

An order may be delivered in multiple parcels. This does not result in additional costs for you.

You are responsible for providing a complete and accurate delivery address.

Contact us as soon as possible if you identify an error in your delivery address. We cannot guarantee that an address can be changed after processing or dispatch.

13. Transfer of risk

The risk of loss or damage remains with Overkick until you, or a person nominated by you, physically receive the order.

This does not apply where you independently appoint a carrier that was not offered by Overkick, to the extent that applicable law provides for such an exception.

14. Delivery delays

If delivery is materially delayed or cannot be completed, we will inform you once we become aware of the situation.

Your statutory rights relating to delayed or failed delivery remain unaffected. Depending on applicable law, these rights may include setting an additional delivery period and subsequently cancelling the contract.

Delivery may be delayed by events outside our reasonable control, including severe weather, natural disasters, strikes, government measures, transport disruptions or failures of essential infrastructure.

We will take reasonable steps to limit the impact. Mandatory consumer rights remain unaffected.

15. Cancellation before dispatch

Contact us as soon as possible at info@overkick.com if you wish to change or cancel an order.

We will try to accommodate your request. However, a change or cancellation cannot be guaranteed once the order has been processed or dispatched.

Where an order can no longer be cancelled, you may exercise your right of withdrawal after receiving it.

16. Withdrawal, returns and refunds

Withdrawals, returns and refunds are governed by our Returns & Refund Policy, which forms part of these Terms.

Consumers have a statutory right of withdrawal of 14 days. Overkick voluntarily extends this period to 30 days from the day you receive your order.

You may exercise your right of withdrawal through the withdrawal form on our website or by emailing info@overkick.com.

The direct cost of returning the goods is borne by the customer, except where the product is incorrect, damaged or defective. Because delivery is free, there are no original delivery costs to refund.

Where these Terms conflict with our Returns & Refund Policy, the provision that is more favourable to the consumer will apply, unless mandatory law provides otherwise.

17. Statutory rights for defective products

We are required to supply products that conform to the purchase agreement.

Consumers have statutory conformity and warranty rights. New products are generally covered by a minimum two-year period for a lack of conformity.

Depending on the applicable law and circumstances, remedies may include:

• repair;
• replacement;
• a price reduction;
• cancellation of the contract;
• a refund.

The legally prescribed order and requirements for the available remedies remain applicable.

A voluntary manufacturer's warranty or additional commercial guarantee does not limit your statutory rights.

18. Damaged, incorrect or incomplete products

Please inspect your order after delivery.

Contact us at info@overkick.com if:

• a product arrives damaged;
• a product is defective;
• you received the wrong item;
• part of your order is missing.

Where possible, include your order number, a description of the issue, and suitable photographs or videos.

Prompt notification helps us investigate the matter. It does not create an additional exclusion period or limit your statutory rights.

19. Customer accounts

Certain features of our store may allow you to create a customer account.

You are responsible for:

• providing accurate account information;
• keeping your password confidential;
• informing us of suspected unauthorised access;
• not using the account for fraudulent or illegal purposes.

We may temporarily suspend or close an account where there are reasonable grounds to suspect misuse, fraud or a serious breach of these Terms.

Existing orders or legal rights will not be cancelled without a valid legal basis.

20. Discount codes and promotions

Additional terms may apply to discount codes and promotional campaigns.

Unless stated otherwise:

• discount codes cannot be combined;
• a discount code can only be used during its stated validity period;
• a discount may be limited to certain products or order values;
• discounts cannot be exchanged for cash;
• discount codes cannot be applied retrospectively to completed orders.

Products purchased during a sale or using a discount remain covered by applicable statutory withdrawal and conformity rights.

We may reject or correct the use of a promotion where it results from fraud, technical abuse or an obvious error.

21. Gift cards and store credit

Where gift cards or store credit are offered, the conditions displayed when they are purchased or issued will apply.

Gift cards and store credit generally cannot be exchanged for cash unless required by law.

Where an order paid using a gift card is refunded, the applicable amount may be returned as gift card or store credit.

22. Intellectual property

All content on our website, including the Overkick name and logo, text, images, graphics, product displays, videos, designs, icons, software and page layouts, is owned by Overkick or used with the permission of the relevant rights holder.

You are granted a limited, personal and non-transferable right to use our website for private, non-commercial purposes.

Without our prior permission, you may not copy, reproduce, publish, modify, commercially use, resell or systematically download our website content.

Mandatory statutory usage rights remain unaffected.

23. Reviews and customer content

Where you submit a review, photograph, video or other content, you confirm that:

• you are entitled to use and publish the content;
• the content does not infringe third-party rights;
• the content is not illegal, misleading or abusive;
• a review reflects your genuine experience.

You grant us a non-exclusive, royalty-free and worldwide right to use, display and technically adapt the content for our store, customer service and marketing communications.

We will not misleadingly change the essential meaning of a review.

We may remove or decline to publish content that is demonstrably fake, contains advertising or spam, discloses another person's personal data, is abusive, discriminatory or illegal, or has no identifiable connection to the relevant product or service.

24. Third-party services and links

Our store may contain services, apps, payment functions or links provided by third parties, including Shopify, payment providers, carriers, review platforms and social media platforms.

External websites and services independently provided by third parties may be subject to their own terms and privacy policies.

We are not responsible for content or services provided entirely outside our control by independent third parties.

This section does not limit our statutory responsibility for fulfilling your order or for service providers appointed by us.

25. Liability

Nothing in these Terms excludes or limits liability where such an exclusion or limitation is prohibited by law.

In particular, our liability is not limited for:

• intentional misconduct or gross negligence;
• death, personal injury or damage to health;
• liability under mandatory product liability laws;
• fraudulent concealment of a defect;
• an expressly provided guarantee.

For a slightly negligent breach of an essential contractual obligation, our liability may, to the extent permitted by law, be limited to the typical and reasonably foreseeable loss.

Essential contractual obligations are obligations whose performance is necessary for the proper performance of the contract and on which a consumer may ordinarily rely.

To the extent permitted by law, we are not responsible for loss caused exclusively by using a product contrary to clear instructions, safety warnings or its intended purpose.

Statutory conformity, consumer protection and product liability rights remain unaffected.

26. Privacy

Personal data is processed in accordance with our Privacy Policy.

Our Privacy Policy explains which data we process, why we process it, which service providers receive data, how long data is retained and which privacy rights you have.

27. Changes to these Terms

We may amend these Terms for future orders where our services, business processes or legal requirements change.

An order is governed by the Terms available when that order was placed.

Changes will not apply retrospectively to contracts that have already been formed unless required by law or expressly agreed with you.

The latest revision date appears at the beginning of these Terms.

28. Severability

If any provision of these Terms is wholly or partly invalid or unenforceable, the remaining provisions will continue to apply.

The applicable statutory provisions will apply in place of the invalid provision.

29. Governing law

These Terms and contracts entered into with Overkick are governed by the laws of the Netherlands.

This choice of law does not deprive a consumer of the protection provided by mandatory provisions of the law that would otherwise apply in the country of their habitual residence.

Mandatory consumer rights in Germany therefore remain unaffected.

30. Jurisdiction and dispute resolution

Statutory jurisdiction rules apply to disputes.

Consumers may bring claims before any court that has jurisdiction under the applicable legal rules.

Before starting legal proceedings, please contact us at info@overkick.com. We will try to resolve complaints directly and fairly.

Overkick is not obliged and does not generally voluntarily commit to participate in proceedings before a consumer arbitration body, unless participation is legally required or agreed in an individual case.

31. Contact

For questions about these Terms or an order, contact us at:

Email: info@overkick.com

Postal address:
JG Ecom
Papaverweg 34
1032 KJ Amsterdam
The Netherlands

Please include your order number when contacting us about an existing order.