1 Scope of application
(1) These General Terms and Conditions of Sale (hereinafter referred to as "GTC") shall apply to all contracts concluded between us via our online shop, the
Mohrenstraße 30, 10117 Berlin, Germany
Managing Director: Peter Steger
HRB:161675 B Local Court: Berlin Charlottenburg
and you as our customer. The general terms and conditions apply regardless of whether you are a consumer, entrepreneur or merchant.
(2) All agreements made between you and us in connection with the purchase contract result in particular from these sales conditions, our written order confirmation and our declaration of acceptance.
(3) The version of the General Terms and Conditions valid at the time the contract is concluded shall apply.
(4) We do not accept deviating conditions of the customer. This shall also apply if we do not expressly object to their inclusion.
2 Conclusion of Contract
(1) The presentation and advertising of articles in our online shop does not constitute a binding offer to conclude a sales contract.
(2) By sending an order via the online shop by clicking on the button "order with payment" you are placing a legally binding order. You are bound to the order for a period of two (2) weeks after placing the order; your existing right to revoke your order according to § 3 remains unaffected.
(3) We will immediately confirm the receipt of your order via our online shop by e-mail. Such an e-mail does not yet constitute a binding acceptance of the order, unless it also declares acceptance in addition to confirmation of receipt.
(4) A contract is only concluded when we accept your order by a declaration of acceptance or by the delivery of the ordered items.
(5) Orders for deliveries abroad can only be considered from a minimum order value. The minimum order value can be found in the price information provided in our online shop.
(6) Should the delivery of the goods ordered by you not be possible, for example because the corresponding goods are not in stock, we refrain from a declaration of acceptance. In this case a contract does not come off. We will inform you about it immediately and refund already received consideration immediately.
3 Right of revocation
(1) If you are a consumer (i.e. a natural person who places the order for a purpose which cannot be attributed to your commercial or self-employed professional activity), you are entitled to a right of revocation in accordance with the statutory provisions.
(2) If you as a consumer make use of your right of revocation according to item 1, you have to bear the regular costs of the return.
(3) For the rest, the provisions set out in detail in the following shall apply to the right of revocation.
right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons.
The withdrawal period shall be fourteen days from the date on which you or a third party other than the carrier who has taken possession of the goods, designated by you, have taken possession of them.
In order to exercise your right of revocation, you must
Phone 030 20607540
fax 030 20647985
by means of a clear declaration (e.g. a letter sent by post, telefax, etc.).
or e-mail) of your decision to terminate this Agreement. You may use the attached sample withdrawal form for this purpose, but it cannot be used to
is prescribed. You can also electronically fill in and submit the sample revocation form or another clear declaration on our website https://shop.wildchildgin.de If you make use of this option, we will immediately (e.g. by e-mail) send you a confirmation of receipt of such a revocation.
In order to comply with the revocation period, it is sufficient for you to send notice of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of revocation
If you revoke this Agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we received notice of your revocation of this Agreement for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us). We will use the same means of payment used by you in the original transaction for such refund, unless expressly agreed otherwise with you and in no event will you be charged for such refund. We may refuse to refund until we have received the Goods back or until you have provided evidence that you have returned the Goods, whichever is earlier.
You shall return or deliver the Goods immediately and in any event no later than fourteen days from the date on which you notify us of the revocation of this Contract to us or to [insert here the name and address of the person authorised by you to receive the Goods, if any]. This period shall be deemed to have been observed if you dispatch the goods before expiry of the fourteen-day period.
You shall bear the direct costs of returning the goods.
You shall be liable for any depreciation of the goods only if such depreciation is due to handling of the goods which is not necessary for the examination of their nature, properties and functioning.
- End of the revocation instruction-
(4) The right of revocation does not apply to distance contracts.
(a) for the delivery of goods which were manufactured according to customer specifications or which are clearly tailored to personal needs or which are not suitable for return due to their nature or spoil quickly or whose expiration date would be exceeded,
(b) for the delivery of audio or video recordings or software, if you have unsealed the delivered data carriers.
4 Terms of delivery and reservation of prepayment
(1) We shall be entitled to make partial deliveries insofar as this is reasonable for you.
(2) The delivery period shall be approximately five (5) working days, unless otherwise agreed. It begins - subject to the provision in para. 3 - with the conclusion of the contract.
(3) In the case of orders from customers with their place of residence or place of business abroad or if there are well-founded indications of a risk of non-payment, we reserve the right to only deliver after receipt of the purchase price plus shipping costs (reservation of prepayment). If we make use of the prepayment reservation, we will inform you immediately. In this case, the delivery period begins with payment of the purchase price and the shipping costs.
5 Prices and shipping costs
(1) All prices quoted in our online shop are gross prices including statutory VAT and do not include shipping costs.
(2) The shipping costs are stated in our prices in our online shop. The price including sales tax and shipping costs is also displayed in the order form before you send the order.
(3) If we fulfil your order according to § 4 paragraph 1 by partial deliveries, you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we will charge shipping costs for each partial delivery.
(4) If you effectively revoke your contractual declaration in accordance with § 3, you can demand reimbursement of already paid costs for shipment to you (forwarding costs) under the statutory conditions (cf. other consequences of revocation § 3 Para. 3).
6 Terms of payment and set-off and right of retention
(1) The purchase price and shipping costs shall be paid within two (2) weeks of receipt of our invoice at the latest.
(2) You can transfer the purchase price and the shipping costs to our account specified in the online shop, give us a direct debit authorization or pay by EC/Maestro or credit card. In the case of a direct debit authorisation granted or payment by EC/Maestro or credit card, we will debit your account at the earliest at the time regulated in paragraph 1. A direct debit authorisation granted shall also apply to further orders until revoked.
(3) You shall not be entitled to offset our claims unless your counterclaims have been legally established or are undisputed. You shall also be entitled to set off against our claims if you assert notices of defects or counterclaims from the same purchase contract.
(4) As buyer you may only exercise a right of retention if your counterclaim arises from the same purchase contract.
7 Retention of title
The delivered goods remain our property until the purchase price has been paid in full.
(1) We shall be liable for material defects or defects of title of delivered articles in accordance with the applicable statutory provisions, in particular §§ 434 et seq. of the German Civil Code (BGB). BGB (GERMAN CIVIL CODE) The limitation period for statutory claims for defects is two years and begins with the delivery of the goods.
(2) Any seller guarantees given by us for certain articles or manufacturer guarantees granted by the manufacturers of certain articles shall apply in addition to claims for material defects or defects of title within the meaning of para. 1. Details of the scope of such guarantees shall be derived from the guarantee conditions which may be attached to the articles.
(1) We shall be liable to you in all cases of contractual and non-contractual liability for intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.
(2) In other cases we shall only be liable - unless otherwise stipulated in Para. 3 - in the event of a breach of a contractual obligation, the fulfilment of which is essential for the proper performance of the contract and on the observance of which you as the customer may regularly rely (so-called cardinal obligation), limited to compensation for foreseeable and typical damage. In all other cases, our liability is excluded subject to the provision in para. 3.
(3) Our liability for damages arising from injury to life, limb or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.
We have copyright on all pictures, films and texts published in our online shop. A use of the pictures, films and texts is not permitted without our express agreement.
11 Applicable law and place of jurisdiction
(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer and at the time of your order have your habitual residence in another country, the application of mandatory legal provisions of this country remains unaffected by the choice of law made in sentence 1.
(2) If you are a merchant and have your registered office in Germany at the time of ordering, the exclusive place of jurisdiction shall be the registered office of the seller, Berlin. Otherwise, the applicable statutory provisions shall apply to local and international jurisdiction.
(3) Settlement of disputes: The EU Commission has created an Internet platform for the online settlement of disputes. The platform serves as a contact point for out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.