Terms of service

Latest update: 07.11.2024

The following general terms and conditions are contractual conditions for the purchase of goods via the website www.overkillshop.com by the Overkill GmbH. 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 (hereinafter referred to as 'Overkill') and the customer is concluded exclusively under the terms of the contract set out here.

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

 

Table of content

  1. Scope of Application
  2. Contracting Party, Conclusion of the Contract
  3. Terms of Delivery and Prices
  4. Payment (Payment Service Provider)
  5. Retention of Title
  6. Transport Damage
  7. Warranty and Guarantees
  8. Liability and Exclusion of Liability
  9. Revocation Instruction
  10. Data Protection
  11. Dispute Settlement
  12. Final Provisions

 

1. Scope of Application

(1) The following general terms and conditions (GTC) in the version valid at the time of the order apply exclusively to all orders placed via Overkill’s online shop. Our online shop is aimed exclusively at consumers.

A consumer (within the understanding of 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 self-employed. An entrepreneur is a natural or legal person or a partnership with legal capacity, which acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.

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


2. Contracting Party, Conclusion of the Contract
(1) The purchase contract is concluded with Overkill GmbH (hereinafter ‘Overkill’), represented by its managing directors Thomas Peiser and Marc Leuschner, Köpenicker Straße 195 a, 10997 Berlin.

(2) The customer can select products from Overkill’s range, in particular footwear, apparel, and accessories, and collect these in a so-called cart by clicking on the "ADD TO CART" button. In the shopping cart, the customer must confirm by ticking a checkbox that he has read and agrees to the General Terms and Conditions (including withdrawal policy) and the applicable privacy policy before being able to proceed to the checkout by clicking on the button “CHECKOUT”. By clicking on the button "PAY NOW" – or “Pay with PayPal if payment method “PayPal” is selected – in the checkout, the customer makes a binding offer (order) to purchase the goods in the shopping basket. Before sending the binding order, the customer can change and view his data at any time. By the final click on "Pay now" or “Pay with PayPal” the customer confirms the shop’s General Terms and Conditions (incl. Right of Withdrawal) as well as the linked Privacy Policy as indicated.

The same applies if the customer checks out using one of the selected express check-out methods (e.g. Apple Pay, Google Pay, Shop Pay): By confirming the purchase in the window of the selected express check-out method, the customer submits a binding offer to purchase the goods subject to the linked General Terms and Conditions including the right of withdrawal and taking into account the privacy policy.

(3) Overkill 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 automatic confirmation of receipt only documents that the customer's binding order has been received by Overkill and does not constitute the binding acceptance of the customer's application. The binding acceptance of the order (customer's offer) only comes about when Overkill 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 based on 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. These delivery times are estimated based on the in the shipping information provided delivery country.

(2) All prices quoted on Overkills Webpage are inclusive of the statutory value-added tax applicable at the time. If the user selects a country outside the European Union, VAT is neither indicated in the product prices nor will be collected in the payment.

(3) 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 on the page “Shipping” or within the checkout process. The shipping costs are to be borne by the customer without exception.

(4) Customers generally have the option of picking up their order at our stores Overkill Berlin, Köpenicker Str. 194, 10997 Berlin, Germany, as well as Overkill Cologne, Hahnenstrasse 20, 50667 Cologne, Germany during the following business hours: Mon-Fri 12:00-20:00 (if the option is available in check-out; after selecting the shipping option in check-out and receiving the confirmation email).

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

(6) Discount Codes

  1. We offer one or more discount codes (e.g. newsletter discount code) at different times and under different conditions. Discounts are only granted from a certain minimum purchase value depending on the respective discount promotion. The value of the discounts depends on the current conditions of the discount promotion at the time of issue. There is no entitlement to receive such discounts.
  2. Our discounts are subject to an expiry period. The expiry period can be found in the respective discount code. If a discount does not have an expiration date, it can be redeemed at the latest by the end of the year in which the discount promotion is/was running; thereafter it loses its validity.
  3. The discount must be redeemed at the time of ordering. Subsequent crediting is not possible.
  4. If an item is returned that was purchased using a discount granted (i.e. reduced by the discount granted), only maximum the purchase price paid (i.e. the purchase price reduced by the discount) will be refunded in the event of a refund; reference is made to paragraph 5.
  5. If the discount is issued in conjunction with a minimum order value and if this minimum order value is not reached due to the return of one or more items, the discount code can no longer be redeemed, i.e. the discount will not be granted. In this case, the discount amount will be deducted from the refund amount and retained.
  6. The cash payment of a discount is excluded.
  7. The discounts are subject to the following conditions, unless otherwise stipulated for the respective discount campaign:

a.       Discounts are not transferable.

b.       Discounts cannot be combined.


4. Payment (Payment Service Provider)
(1) The Overkill online store offers the customer a variety of payment methods. The available payment methods are displayed on the separate "Payment" page. Payment by sending cash or checks is not possible. Overkill assumes no liability for the failure of the payment or other damages resulting from a payment in a payment method not offered by Overkill.

(2) If the customer makes any chargebacks or other payment reversals without authorization, the resulting costs must be borne by the customer.

5. Retention of Ownership / Conditional Sale
The goods remain our property until full payment has been made (so-called purchase under reservation of ownership).

6. Transport Damage
(1) If goods are delivered with obvious transport damage, please complain about such defects to the delivery agent as soon as possible and 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 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: 

  • Service hotline: +49 (0) 30 69 506 126
  • Email: [email protected]

  • ·     Service hours: Mo - Fr, 10:00am - 1:00pm & 2:00pm - 5:00pm (CET, excl. public holidays in Germany)

 

8. Liability and Exclusion of Liability
(1) Overkill shall be liable in cases of intent or gross negligence on the part of Overkill or a representative or vicarious agent as well as in cases of culpably caused injury to life, body or health in accordance with the statutory provisions.

(2) Overkill is also liable for the foreseeable damage typical for the contract in the event of a breach of essential contractual obligations (cardinal obligations) caused by slight negligence on the part of Overkill, its legal representatives, or vicarious agents. Essential contractual obligations are those whose fulfillment is essential for the proper execution of the contract and on whose observance the contractual partner may regularly rely.

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

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


9. Withdrawal of goods / Rights of Revocation

(1) When concluding a distance selling transaction, customers generally have a statutory right of revocation, about which Overkill will inform you in the following in accordance with the statutory model. The exceptions to the right of revocation are regulated in clause (4). Clause (5) contains a sample revocation form.

Consumers have the right to withdraw within 14 days.

(2) Right of revocation
You have the right to revoke this contract within fourteen (14) 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.

To exercise your right of revocation, you must inform us (Overkill GmbH, Köpenicker Str. 195 A, 10997 Berlin, Germany, [email protected], telephone: +49 30 698 183 79) by means of a clear declaration (e.g. a letter sent by post or e-mail) of your decision to revoke this contract. You may use the attached sample revocation form for this purpose, but this is not mandatory.

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.

(3) 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 Overkill GmbH (Aufgang W. 2. OG) Wolfener Str. 36, 12681 Berlin immediately and in any case within fourteen days at the latest from the day 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.

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

  • Contracts for the delivery 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 supply.
  • Contracts for the supply of newspapers, periodicals or magazines other than subscription contracts.


(5) Model revocation form
If you want to revoke the contract, please fill out this form and send it back to Overkill

To:

Overkill GmbH
Köpenicker Str. 195 A
10997 Berlin
Germany

or

[email protected]

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 a communication on paper)
  • Date

(*) Cross out / delete as applicable.

The right of withdrawal policy can also be found here. 

 


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


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


In order to settle 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 responsible body is the General Consumer Conciliation Board of the Centre for Conciliation e.V., Straßburger Straße 8, 77694 Kehl am Rhein, https://www.universalschlichtungsstelle.de/english. We will participate in dispute resolution proceedings before this office.

 

12. Final Provisions
(1) The law of the Federal Republic of Germany shall apply to contracts between Overkill and the customer, 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 remaining parts of the General Terms and Conditions shall remain binding 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.