§ 1 Scope and provider
(1) These general terms and conditions apply to all orders that you place in the online shop
vild eK
Managing director: Bastian Wilde,
make.
Service contact email: contact@vild-shop.com
(2) The range of goods in our online shop is aimed exclusively at buyers who have reached the age of 18.
(3) Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The general terms and conditions also apply to companies for all future business relationships, even if they are not expressly agreed again. The inclusion of a customer's general terms and conditions that contradict our general terms and conditions is already contradicted.
(4) Contract language is exclusively German.
(5) You can access and print out 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 application for the conclusion of a purchase contract. Rather, it is a non-binding invitation to order goods in the online shop.
(2) By clicking the button "Order now with obligation to pay" you submit a binding purchase offer (§ 145 BGB).
(3) After receipt of the purchase offer, you will receive an automatically generated e-mail in which we confirm that we have received your order (confirmation of receipt). This confirmation of receipt does not yet represent acceptance of your purchase offer. A contract is not yet concluded through the confirmation of receipt.
(4) A purchase contract for the goods is only concluded if we expressly declare our acceptance of the purchase offer or if we send the goods to you - without a prior express declaration of acceptance.
§ 3 Prices
The prices stated on the product pages include the statutory VAT and other price components and do not include the respective shipping costs.
§ 4 Terms of Payment
(1) Payment can be made either: invoice in advance, credit card, SOFORT transfer, PayPal or PayPal purchase on account.
(2) If you select the payment method in advance, we will give you our bank details in the order confirmation. The invoice amount is to be transferred to our account within 10 days of receipt of the order confirmation.
(3) When paying by credit card, the purchase price is reserved on your credit card at the time of ordering (“authorization”). Your credit card account is actually debited when we send the goods to you.
§ 5 Offsetting/right of retention
(1) You only have the right to offset if your counterclaim has been legally established, is not disputed or recognized by us or is closely synallagmatic with our claim.
(2) You can 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 provide.
(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 § 13 BGB, i.e. make the purchase for purposes that cannot be attributed to your commercial or self-employed 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 a reason. The cancellation period is twenty days from the day on which you or a third party designated by you who is not the carrier took possession of the goods.
To exercise your right of withdrawal, you simply have to send us an e-mail 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 cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within twenty days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.
We may refuse repayment until we have received the returned goods 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 immediately and in any case no later than twenty days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of twenty days has expired.
You bear the direct costs of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
End of revocation
(1) The right of withdrawal does not apply to the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (personalization or cut-outs for quick-change bars on a watch strap).
(2) Please avoid damage and contamination. If possible, please send the goods back to us in the original packaging with all accessories and with all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please use suitable packaging to ensure adequate protection against transport damage in order to avoid claims for damages due to damage caused by defective packaging.
(3) Please note that the modalities mentioned in paragraphs 2 and 3 above are not a prerequisite for the effective exercise of the right of withdrawal.
§ 8 Damage in transit
(1) If goods are delivered with obvious transport damage, please report such errors to the deliverer immediately and contact us as soon as possible.
(2) The omission of a complaint or contact has no consequences for your statutory warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
§ 9 Warranty
(1) Unless expressly agreed otherwise, your warranty claims are based on the statutory provisions of sales law (§§ 433 ff. BGB).
(2) If you are a consumer within the meaning of § 13 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 damage resulting from injury to life, limb or health or from the breach of an essential contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligation). as well as for claims due to other damages based on an intentional or grossly negligent breach of duty by the user or his vicarious agents.
(3) For the rest, the statutory provisions apply to the warranty.
Section 10 Liability
(1) Unlimited liability: We have unlimited liability for intent and gross negligence as well as in accordance with the Product Liability Act. For slight negligence, we are liable for damage resulting from injury to life, limb and health of persons.
(2) The following limited liability also applies: In the case of slight negligence, we are only liable in the event of a breach of an essential contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which you can regularly rely (cardinal obligation). The amount of liability for slight negligence is limited to the damage that was foreseeable at the time the contract was concluded and 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 other provisions.
(2) German law is exclusively applicable to contracts between us and you, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Convention").
(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 Rechtsanwälte, Chausseestrasse 13, 10115 Berlin
