§ 1 Scope and provider
(1) These General Terms and Conditions apply to all orders that you place in the online shop of
vild eK
Managing Director: Bastian Wilde,
make.
Service contact email: contact@vild-shop.com
(2) The range of goods offered in our online shop is aimed exclusively at buyers who are at least 18 years old.
(3) Our deliveries, services, and offers are made exclusively on the basis of these General Terms and Conditions. These General Terms and Conditions therefore also apply to all future business relationships with companies, even if they are not expressly agreed upon again. The inclusion of any customer's General Terms and Conditions that contradict our General Terms and Conditions is hereby expressly rejected.
(4) The contract language is exclusively German.
(5) You can access and print the currently valid General Terms and Conditions on the website.
§ 2 Conclusion of contract
(1) The presentation of goods in the online shop does not constitute a binding offer to conclude a purchase contract. Rather, it is a non-binding invitation to order goods in the online shop.
(2) By clicking the button “Order now and pay” you submit a binding offer to purchase (§ 145 BGB).
(3) Upon receipt of your purchase offer, you will receive an automatically generated email confirming that we have received your order (confirmation of receipt). This confirmation of receipt does not constitute acceptance of your purchase offer. A contract is not yet concluded by the confirmation of receipt.
(4) A purchase contract for the goods is only concluded when we expressly declare acceptance of the purchase offer or when we send the goods to you – without prior express declaration of acceptance.
§ 3 Prices
The prices stated on the product pages include statutory VAT and other price components and are exclusive of the respective shipping costs.
§ 4 Terms of payment
(1) Payment can be made by: invoice in advance, credit card, SOFORT transfer, PayPal or PayPal purchase on account.
(2) If you choose to pay in advance, we will provide you with our bank details in the order confirmation. The invoice amount must be transferred to our account within 10 days of receiving the order confirmation.
(3) When paying by credit card, the purchase price will be reserved on your credit card at the time of ordering ("authorization"). Your credit card account will be charged at the time we ship the goods to you.
§ 5 Offsetting/Right of retention
(1) You shall only have the right to set off if your counterclaim has been legally established, is not disputed or acknowledged by us or is in a close synallagmatic relationship to our claim.
(2) You may only exercise a right of retention if your counterclaim is based on the same contractual relationship.
§ 6 Delivery; Retention of Title
(1) Unless otherwise agreed, the goods will be delivered from our warehouse to the address you specify.
(2) The goods remain our property until the purchase price has been paid in full.
§ 7 Cancellation policy
In the event that you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), i.e. you make the purchase for purposes that can predominantly be attributed neither to your commercial nor to your independent professional activity, you have a right of withdrawal in accordance with the following provisions.
Right of withdrawal
You have the right to withdraw from this contract within twenty days without giving any reason. The withdrawal period shall be twenty days from the day on which you or a third party other than the carrier designated by you takes possession of the goods.
To exercise your right of withdrawal, you simply need to send us an email at
Service contact email: contact@vild-shop.com
by means of a clear declaration (e-mail) of your decision to withdraw from this contract. To meet the withdrawal deadline, it is sufficient for you to send your notification of your exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of revocation
If you cancel this contract, we will refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this refund.
We may refuse repayment 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 promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period.
You will bear the direct cost of returning the goods. You will 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 to check their quality, properties, and functioning.
End of the cancellation policy
(1) The right of withdrawal does not apply to the delivery of goods which are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (personalisation or cut-outs for quick-change bars on a watch strap).
(2) Please avoid damage and contamination. Please return the goods to us in their original packaging, if possible, with all accessories and packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please ensure that you use suitable packaging to adequately protect the goods against transport damage to avoid claims for damages resulting from inadequate packaging.
(3) Please note that the modalities referred to in paragraphs 2 and 3 above are not a prerequisite for the effective exercise of the right of withdrawal.
§ 8 Transport damage
(1) If goods are delivered with obvious transport damage, please report such defects immediately to the deliverer and contact us as soon as possible.
(2) Failure to file a complaint or contact us will not affect your statutory warranty rights. However, it will help us assert our own claims against the carrier or transport insurance.
§ 9 Warranty
(1) Unless expressly agreed otherwise, your warranty claims are governed by the statutory provisions of the law of purchase (§§ 433 ff. BGB).
(2) If you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), the limitation period for warranty claims for used items is one year, in deviation from the statutory provisions. This limitation does not apply to claims based on damages resulting from injury to life, body, or health or from the breach of a material contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligation), as well as to claims based on other damages based on an intentional or grossly negligent breach of duty by the user or his vicarious agents.
(3) In all other respects, the statutory provisions shall apply to the warranty.
§ 10 Liability
(1) Unlimited liability: We are liable without limitation for intentional misconduct and gross negligence, as well as in accordance with the Product Liability Act. For damages resulting from slight negligence, we are liable for injury to life, body, or health.
(2) In all other respects, the following limited liability applies: In the case of slight negligence, we are only liable in the event of a breach of a material contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on whose compliance you may regularly rely (cardinal obligation). Liability for slight negligence is limited to the damages foreseeable at the time the contract was concluded, the occurrence of which must typically be expected. This limitation of liability also applies to our vicarious agents.
§ 11 Final provisions
(1) Should one or more provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions.
(2) Contracts between us and you shall be governed exclusively by German law, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, “UN Sales Law”).
(3) If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with contracts between us and you is.
© HÄRTING Attorneys at Law, Chausseestraße 13, 10115 Berlin