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Terms & Conditions

§ 1 General

(1) These terms and conditions (T&Cs) apply to any deliveries and services of the wijld GmbH (wijld) provided to the customer/contracting party (purchaser). They only apply in this available form and are part of any contracts and agreements made between wijld and the customer about the deliveries and services offered by wijld, especially via the online-shop on www.wijld.com.

(2) Any terms and conditions by the customer or a third party that deviate from these T&Cs do not apply, even if wijld does not make an objection against its validity in particular cases, unless wijld has explicitly agreed on the deviant terms and conditions in written form.

 

§ 2 Conclusion of contract and contract formation

(1)   By ordering the purchaser submits a binding offer to make a buying contract with wijld. After placing the order wijld sends the first email to the purchaser which confirms the receipt of the order (order confirmation). The order confirmation does not represent the agreement on the purchaser’s submitted offer; it simply informs the purchaser about the successful receipt of the order by wijld. Only after sending the second email to the purchaser (confirmation of dispatch) or latest after the delivery of the ordered goods a conclusion of contract comes into effect. A conclusion of a buying contract does not include any items that are not listed in the confirmation of dispatch or that are not included in the delivery.

(2)   In order to place an order in the online shop of wijld the customer needs to do the following steps: the customer adds the selected item to the shopping cart. In the next step the customer enters all required information about billing and delivery address, as well as the preferred payment method. Please accept our terms and conditions, privacy policy and right of cancellation by ticking the corresponding box on that page. In the end you can check your order and complete the order by clicking on the button “Proceed to Checkout”.


(3) Each order and corresponding contract wording are saved by wijld after conclusion of contract. In case the purchaser loses the documents of his order, wijld sends a copy of the order confirmation and/or confirmation of dispatch to the email address that the purchaser has indicated after wijld had been informed and asked by the purchaser via phone (+49 202/946 900 10) or email (hello@wijld.com). A copy is not going to be sent by mail.

(4) The contract partner of the purchaser is always:
wijld GmbH, Wilhelm-Muthmann-Str. 11a, 42329 Wuppertal, Germany
Managing Directors: Timo Beelow, Aline Hauck
Registered at Amtsgericht Wuppertal, HRB Wuppertal 26863

 

§ 3 Prices

All indicated prices are in Euro and include VAT at the prevailing rate of the particular country. A reduction or discount is not possible. Postage and shipping costs are additionally charged in compliance with the regulations in § 4.

 

§ 4 Postage and shipping costs, costs for returns and withdrawal

(1) wijld charges postage costs of € 5,90 for shipping within the Federal Republic of Germany. Those postage costs are not applicable when the order amount exceeds 79 Euros.

(2) wijld charges postage costs of € 10,90 for shipping to Belgium, Denmark, France, Liechtenstein, Luxembourg, Monaco, the Netherlands, Austria, Poland and Czech Republic. Those postage costs are not applicable when the order amount exceeds 150 Euros.

(3) wijld charges postage costs of € 11,90 for shipping to Andorra, Albania, Bulgaria, Estonia, Finland, Greece, Great-Britain, Ireland, Italy, Latvia, Lithuania, Malta, Norway, Portugal, Rumania, San Marino, Sweden, Switzerland, Slovakia, Slovenia, Hungary and Cyprus. Those postage costs are not applicable when the order amount exceeds 150 Euros.


§ 5 Payment

(1) When purchasing goods on www.wijld.com the purchaser can choose prepayment, pay by invoice, direct debit or Paypal. wijld reserves the right to exclude particular payment methods in individual cases..

(2) Payments by invoice or direct debit are processed by the company Billpay GmbH, Zinnowitzer Straße 1, 10115 Berlin, Germany (registered at Amtsgericht Charlottenburg, HRB 122 029 B, Managing directors: Dr. Nelson Holzner, Christine Kiefer), www.billpay.de (Billpay).

(3) Paypal payments are processed by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (authorized representative: Robert Caplehorn, company registration number: R.C.S. Luxembourg B 118 349), www.paypal.com.

(4) When choosing prepayment the entire balance needs to be paid in advance. For this the purchaser needs to send money under specification of the payment reason to the bank account of wijld within 5 calendar days after order receipt. The date when the amount is ultimately available on the account defines a punctual payment. wijld reserves the object of purchase for the period of time of 5 days.

(5) When choosing payment by invoice the amount must be send to the account of Billpay latest 30 days after the issuing of the invoice. (here the date on the invoice is relevant) The payment type by invoice is not applicable for all offers and implies amongst other things a successful credit check by Billpay. In case Billpay approves the payment by invoice after the credit check for particular offers the payment is processed in collaboration with Billpay, to whom wijld passes on the accounts receivable. In this case the purchaser can meet his liabilities with debt deleting effect only directly towards Billpay. If you choose payment by invoice wijld still remains responsible for all questions about the order (e.g. about the goods, delivery time, shipping), returns, complaints or credit notes. wijld is still the right contact for cancellation requests and returns after cancellations.

(6) When choosing direct debit Billpay collects the amount directly from the bank account of the purchaser that was specified during the order process. Herewith the purchaser authorizes Billpay (revocable) to collect the amount from the account specified during the order process via direct debit. In case your balance is too low the bank is not obliged to carry out a debit. Part payments cannot be done in the scope of debit notes.

(7) The payment method direct debit is not applicable for all offers and implies amongst other things a successful credit check by Billpay and having an account at a bank based in the Federal Republic of Germany. In case Billpay approves direct debit for particular offers after the credit check the payment is processed in collaboration with Billpay, to whom wijld passes on the accounts receivable. In this case the purchaser can meet his liabilities with debt deleting effect only directly towards Billpay. Also in case of the direct debit payment type wijld remains responsible for all questions about the order (e.g. about the goods, delivery time, shipping), returns, complaints or credit notes. wijld is still the right contact for cancellation requests and returns after cancellations.

(8) When choosing direct debit the purchaser confirms by entering the bank details that he is authorized to choose direct debit and that the required amount for the money transaction is available. In case of chargebacks caused by a too low account balance or due to an expired account or an unauthorized objection of the account holder, the purchaser authorizes Billpay herewith to make another attempt to collect the amount of money of the particular payment obligation. In this case the purchaser is obliged to pay a processing fee of EUR 12,00 for each return debit note. wijld reserves the right of an assertion of further receivables. The purchaser has the option to proof that only little or no costs occurred as a result of the chargebacks.

Because of the time and effort and the costs of chargebacks and to avoid processing fees, we ask you not to object the collecting of money in case of a cancellation or withdrawal of the contract of purchase, a return or claims. Please contact us in this case to send the particular amount of money back or via credit note.

 

§ 6  delivery, part-delivery

(1) wijld ships the goods directly after production or if goods are in stock directly after order receipt to the delivery address named by the purchaser during the order.

(2) The information about the availability of the particular product on www.wijld.com is available at all times. wijld points out that any information on shipping, delivery as well as availability is a nonbinding overall guide. The specifications do not represent a binding or guaranteed shipping or delivery date. In case the ordered goods cannot be delivered as indicated on www.wijld.com, the purchaser is going to be informed about this immediately.

(3) wijld usually sends all items of an order together in one parcel. However, wijld is authorized to initiate part-deliveries, provided that this is reasonable for the purchaser. In case of such a part-delivery, wijld bears the additional shipping costs that occur. Insofar there are no costs to bear by the purchaser. In case the purchaser wants a part-delivery the purchaser must bear the additional shipping costs that occur.

 

§ 7 cancellation of a contract

wijld is authorized to cancel the contract, in case wijld is not able to deliver the ordered goods without actual fault, e.g. the object of purchase cannot be delivered by the supplier (e.g. bankruptcy of supplier) or in case of other unpredictable incidents that prevent service deliveries when the contract is concluded that cannot be overcome by reasonable efforts of wijld. At the same time, wijld has to proof that they vainly tried to acquire similar goods elsewhere. In case of a cancellation wijld immediately informs the purchaser about the non-availability of the purchased goods. Possible already provided payments are going to be refunded.

 

§ 8 warranty

(1) The warranty of any defects of the goods is conform with the legal regulations. In case of a notice of defects the purchaser sends the rejected goods as well as a proof of the date of purchase in form of a copy of the invoice to: wijld GmbH, Wilhelm-Muthmann-Str. 11a, 42329 Wuppertal, Germany

(2) Any claims of the purchaser due to defects that lead back to usual wear and tear or improper handling are excluded from the warranty.

 

§ 9 right of title retention

(1)   Concerning the consumer wijld retains ownership over the goods supplied until the payment of any receivables are done according to the purchase contract, including possibly occurred default interests and other additional claims as e.g. the costs of prosecution and reimbursement of expenses.

(2) Concerning companies that have a commercial or freelance function, a legal person of public law or special assets under public law, wijld retains ownership over the goods supplied until the payment of any receivables from the business relationship with the purchaser is done. The corresponding right of securities is applicable to third parties.

 

§ 10 Right to cancel and information on withdrawal

Consumers have the right to cancel within 14 days according to § 13 BGB.

Right to cancel

You have the right to cancel the contract with wijld within 14 calendar days without giving reasons.

The time limit of 14 days starts from the day when you or a person you have named that is not the carrier has taken possession of the last goods.

In order to observe the cancellation period it is sufficient when you send back the goods or send a message that informs us about your contract cancellation before the time limit ends. This needs to be done in form of a clear declaration and in written form (wijld GmbH, Wilhelm-Muthmann-Str. 11a, 42329 Wuppertal, Germany, E-Mail: hello@wijld.com) Um sein Widerrufsrecht auszuüben, muss der Kunde uns (wijld GmbH, Wilhelm-Muthmann-Str. 11a, 42329 Wuppertal, E-Mail: hello@wijld.com) mittels einer eindeutigen Erklärung (ein mit der Post versandter Brief oder einer E-Mail) über seinen Entschluss, diesen Vertrag zu widerrufen, informieren.

Zur Wahrung der Widerrufsfrist reicht es aus, dass der Kunde die Ware oder die Mitteilung über die Ausübung des Widerrufsrechts vor Ablauf der Widerrufsfrist versendet.

Cancellation consequences

In case of an effective cancellation, we are obliged to return all payments that we received from you including the shipping costs (except from additional costs that arise when you chose another type of shipment that is different to the cheapest standard delivery that we generally offer). The return of the payment has to be done promptly and latest after 14 days from day we have received your message with the contract cancellation. We use the payment method that you chose for the original transaction to return the payment, unless we and you expressly agree on something else; in no event you are charged a fee for this returning payment.

We are enabled to refuse the payment until the point when we get back the goods or until you prove that you have sent back the goods, depending on what instant of time is earlier.

You are obliged to send back the goods promptly and definitely latest after 14 days from the day you informed us that you want to cancel the contract.

The parcel with the goods must be addressed to: wijld GmbH, Wilhelm-Muthmann-Str. 11a, 42329 Wuppertal, Germany

You meet the deadline when you have sent out the goods before the time limit of 14 days has ended. We bear the costs of the returning of goods.

You have to provide a compensation for potential loss of value of the goods only in case this loss of value can be lead back to an evitable handling of goods when proofing condition, features or functionality of them.
End of disclaimer

Das Widerrufsrecht besteht, soweit die Parteien nichts anderes vereinbart haben, nicht bei Verträgen zur Lieferung von Waren, die nicht vorgefertigt sind und für deren Herstellung eine individuelle Auswahl oder Bestimmung durch den Verbraucher maßgeblich ist oder die eindeutig auf die persönlichen Bedürfnisse des Verbrauchers zugeschnitten sind. 

 

§ 11 exclusion of the right to cancel

Your right of cancellation does not apply when you order goods that are not ready-made and where an individual choice or determination by you is significant for the production of the goods or where the goods are obviously tailored to your needs.

 

§ 12 modification of the T&Cs

All previous T&Cs that were part of the contract between the purchaser and wijld get replaced by these T&Cs after the purchaser took note of them.

 

§ 13 applicable law, place of jurisdiction

(1) Solely the law of the Federal Republic of Germany is valid for the legal relation between wijld and the purchaser under the exclusion of the CISG (United Nations Convention on Contracts for the International Sale of Goods).

(2) Wuppertal is determined as sole place of jurisdiction for any disagreements evolved from the existing contract between wijld and the purchaser, as long as the purchaser is a businessman according to the Commercial Code, a corporate body under public law or public special assets or if the general place of jurisdiction is not in the area of the Federal Republic of Germany.