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Terms & Conditions

Latest update: 10.05.2024

General Terms & Conditions (GTC) - GATE 194 / Overkill

The following general terms and conditions are contractual conditions for the purchase of goods via the website www.gate194.berlin by the Overkill GmbH. Gate (a registered trademark of Overkill GmbH, also referred to as GATE, Gate194, GATE 194), 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 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 Contents

  1. Scope
  2. Contracting Party, Conclusion of the Contract
  3. Terms of Delivery and Prices
  4. Payment (Payment Service Provider)
  5. Retention of Title
  6. Damage in Transit
  7. Warranty and Guarantees
  8. Liability and Exclusion of Liability
  9. Cancellation Policy
  10. Data Protection
  11. Settlement of Disputes
  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 Gate’s (a brand of Overkill GmbH) 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) Gate / Overkill GmbH reserves the right to amend these GTC at any time in accordance with this provision. If Gate / Overkill GmbH 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"; Gate is a registered trademark of Overkill GmbH), represented by its managing directors Thomas Peiser and Marc Leuschner, Köpenicker Straße 195 a, 10997 Berlin.

    (2) The customer can select products from Gate’s (Overkill GmbH) range, in particular footwear, apparel, and accessories, and collect these in a so-called cart by clicking on the "Add to cart" button. By clicking on the button "Pay now" – or “Pay with PayPal if payment method “PayPal” is selected - the customer makes a binding offer (order) to purchase the goods in the shopping basket.
    Before sending the binding order by clicking on "Pay now" or "Pay with PayPal", 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 as well as the linked right of withdrawal as indicated.

    (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 the Gate / Overkill 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) 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: Mon-Fri 12:00-20:00 (given that this option is displayed to you in the checkout; after selecting this shipping option in the checkout 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) If the product designated by the customer in his order is temporarily unavailable, Overkill will inform the customer of this.

     

    4. Payment (Payment Service Provider)

    a) 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.

    b) 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 afterward. You will receive further instructions during the ordering process.

    c) Pay now by Klarna (Sofort)
    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 afterward by Sofort and your account will be debited.

     

    5. Retention of Title (Ownership)

    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:

    • Customer service hotline: 030 69 506 126
    • Email: service@gate194.berlin 
    • Contact hours:  Mo - Fr, 10:00am - 1:00pm & 02:00pm - 05:00pm (excl. public holidays in Germany)

     

    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) Overkill is also liable 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) In the event of a breach of essential contractual obligations, the Provider is only liable for the foreseeable damage typical of 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 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 (3). Clause (4) contains a sample revocation form.

    Consumers have the right to withdraw within 14 days.

    (1) 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.
    In order to exercise your right of revocation, you must inform us (Overkill GmbH, Köpenicker Str. 195 A, 10997 Berlin, Germany, info@overkill.de, telephone: +493069818379) 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.

    (2) 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 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.

    (3) 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.

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

    To:

    Gate194 / Overkill GmbH
    Köpenicker Str. 195 A
    10997 Berlin
    Germany

    or

    service@gate194.berlin

      

    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 cancellation 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, www.verbraucher-schlichter.de. 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.