General Terms and Conditions
of Wildling Shoes GmbH, Walbach 9, D-51766 Engelskirchen, registered in the Commercial Register of the District Court of Cologne under HRB 84496, represented by Anna Yona, Ran Yona and Sebastian Feuß, VAT Identification No.: DE300312735 - hereinafter referred to as "Wildling Shoes".
§ 1 Scope of application, definitions
(1) For the business relationship between Wildling Shoes and the customers mentioned in paragraph 2 - hereinafter referred to as "you" - the following General Terms and Conditions exclusively apply in the version valid at the time of the order. This applies to orders placed via the online store (https://www.wildling.shoes/) as well as to purchases made in one of our showrooms, in the warehouse store, in a pop-up store or at an event. If you have differing terms and conditions, Wildling Shoes does not accept them unless Wildling Shoes explicitly gives consent in writing.
(2) The offer by Wildling Shoes is exclusively directed towards consumers. You are a consumer if the purpose of the ordered products and services cannot be predominantly attributed to your commercial or self-employed professional activity. On the other hand, an entrepreneur is any person or legal entity or other company with legal capacity that would act within their commercial or independent professional activity when concluding the contract.
(3) Wildling Shoes sells shoes exclusively through its own homepages or its own showrooms, stores and at events. If there are commercial sales offers of third parties for Wildling new products, Wildling Shoes hereby informs you that such offers are neither permitted nor promoted nor approved by Wildling Shoes and that there is no connection to Wildling Shoes.
§ 2 Conclusion of contract in the online store
(1) In the online store at https://www.wildling.shoes/ ("Online Store") you can select products from the assortment of Wildling Shoes, especially minimal shoes and matching accessories, and collect them in a so-called shopping cart by clicking the button "add to cart". By clicking the button "Complete order" you make a binding offer to purchase the goods in the shopping cart applying these terms and conditions. Before submitting the order you can change and view your order data at any time.
(2) If you use one of the direct payment buttons (e.g. PayPal) in the shopping cart or the express checkout in the checkout area, you will be redirected to the login page of the respective payment provider. You complete the payment and in some cases - depending on the payment provider - also the purchase there.
(3) Wildling Shoes will then send you an automatic order confirmation by e-mail, in which your order is listed again and which you can print out using the "Print" function of your terminal device. This automatic order confirmation only confirms that Wildling Shoes has received your order and does not constitute an acceptance of your contractual offer. The contract is concluded only when Wildling Shoes issues a declaration of acceptance. This will be sent in the form of the shipping confirmation by e-mail as soon as the goods have been handed over to the transport company. In this e-mail the text of the contract (consisting of order, terms and conditions and order confirmation) will be sent to you by Wildling Shoes on a durable medium (e-mail) and constitutes the contract confirmation. The contract text will be stored in compliance with data protection.
§ 2a Conclusion of contract in Live Shopping
Wildling Shoes Live Shopping is an invitation to participate in a purchase consultation or other information event about Wildling Shoes via video conference. If you participate in the Wildling Shoes Live Shopping, you have the possibility to click on displayed products within the video conference. This will take you to the product detail page in the Online Store where you can place your order as described in § 2 paragraphs 1 and 2.
§ 2b Conclusion of contract in the showroom
(1) If you have chosen a product in a Wildling Shoes showroom, you can order it by contacting a Wildling Shoes employee present. For this you need a Wildling Shoes customer account. If you do not have one, it will be created for you.
(2) Your order will be recorded electronically and assigned to your customer account. Afterwards you pay for the products with one of the payment methods mentioned in § 6 paragraph 3. You will then receive an e-mail confirming receipt of your order together with the payment receipt as an attachment.
(3) Your goods ordered in the showroom (except in cases described in paragraph 4 below) will not be handed over to you immediately, but will be sent to you from the Wildling Shoes warehouse. Your order will be processed in the Wildling Shoes order system like an order via the online store. § 2 paragraphs 2 and 3 apply accordingly.
(4) For products that are available in the showroom for immediate take-away (e.g. some accessories) the conclusion of the contract takes place immediately and you will receive the products directly after payment.
§ 2c Conclusion of contract in the warehouse store
If you make a purchase in the Wildling Shoes warehouse store in Engelskirchen, § 2b paragraphs 1, 2 and 4 apply accordingly to this conclusion of contract, except that only products that are immediately available can be purchased in the warehouse store.
§ 2d Conclusion of contract in the pop-up store
(1) In our pop-up stores you can take your purchased products directly with you as long as the stock on site is sufficient. § 2b paragraphs 1, 2 and 4 apply accordingly.
(2) Products that are not or no longer available in the pop-up store can be ordered in the same way as in the showroom and sent to your home. For this conclusion of contract § 2b (paragraphs 1-4) applies accordingly.
§ 2e Conclusion of contract at events
If you visit us at a trade fair or other event, your purchase options depend on the rules of the respective organizer on site. The conclusion of the contract takes place either as in the pop-up store (§ 2d) or as in the showroom (§ 2b). Details of the event can usually be found in our newsletter, social media posts or announcements on our website in advance.
§ 2f Contract language
The conclusion of the contract in all variants (§§ 2 to 2e) shall be in English or German.
§ 3 Delivery, availability of goods
(1) Delivery times stated by Wildling Shoes are calculated from the time of the automatic order confirmation, provided prior payment of the purchase price. The delivery time is 10 days unless a deviating statement is made for the respective product in the Online Store. You will receive notifications about the shipping status by e-mail.
(2) If it is temporarily or permanently impossible for Wildling Shoes to deliver the product you have selected, Wildling Shoes will inform you by e-mail. In this case a contract is not concluded.
(3) The following delivery restrictions apply: Wildling Shoes delivers worldwide from this Online Store, but with the exception of delivery addresses in the USA and Canada. Wildling Shoes reserves the right to temporarily or permanently exclude other countries from delivery due to political events or other circumstances, you will be informed about this on the Wildling Shoes website.
§ 4 Retention of title
Until full payment, the delivered goods remain the property of Wildling Shoes.
§ 5 Prices, shipping costs and other costs
(1) All prices stated on the Wildling Shoes website are inclusive of the applicable sales tax.
(2) General information about shipping costs can be found by clicking on the link next to the price on each product detail page. The actual shipping costs for your order will be displayed during the ordering process. They are to be borne by you, unless you exercise your right of withdrawal. For an order value of 200 EUR or higher and for all orders in the showrooms, pop-up stores and at events Wildling Shoes delivers free of charge.
(3) The goods are shipped by parcel delivery. The shipping risk is borne by Wildling Shoes according to the statutory rules if you are a consumer.
(4) You have to bear the direct costs of the return shipment in case of withdrawal of the contract.
(5) For deliveries to countries outside the EU, import duties may be incurred. The resulting costs (also insofar as they are levied by the transport company) are to be borne by you.
§ 6 Payment terms
(1) You can pay in the online store with the following payment methods: Credit Card (Visa, Mastercard, American Express), Klarna (bank transfer), PayPal, Apple Pay, Google Pay and iDEAL (if you live in the Netherlands). If you are redirected to the page of your payment provider during the payment process, please also note the terms and conditions of the respective payment provider.
(2) In the showrooms, in the warehouse store, in the pop-up stores and at events you can only pay by debit card, credit card, Google Pay and Apple Pay.
(3) You can change the payment method stored in your customer account at any time.
§ 6a Gift Cards
(1) You can buy Gift Cards (in the form of digital codes) in the online store. The Gift Card can be redeemed in the store at www.wildling.shoes, i.e. used for the payment of goods. It cannot be used for the purchase of other Gift Cards.
(2) The legal limitation period applies to the validity of the Gift Card and any remaining balance, it begins with the purchase of the Gift Card. The Gift Card can only be used before the order process is completed. Subsequent offsetting against orders already placed is not possible. The Gift Card balance will neither be paid out in cash nor will it earn interest.
(3) The Gift Card is transferable. Wildling Shoes may make payment with discharging effect to the person using the Gift Card. This does not apply if Wildling Shoes has knowledge or grossly negligent ignorance of the fact that the person was not actually entitled, legally incompetent or not authorized to represent the respective Gift Card holder(s).
§ 6b Discount Codes
(1) We issue Discount Codes in the form of digital codes at our own discretion (e.g. as part of advertising campaigns, events or goodwill). They cannot be purchased. Discount Codes may refer to discounts in amount, percentage discounts or free shipping on an order.
(2) You can redeem your Discount Code in the store at www.wildling.shoes to use the respective benefit. The benefit will not be paid out in cash and interest will not be paid on the value. If the value of your Discount Code exceeds the order value of the discountable goods, the remaining amount of your discount code will be forfeited. The Discount Code must be redeemed before completing the order process, it is not possible to apply it later. Discount Codes cannot be combined with other Discount Codes or promotions unless otherwise agreed.
(3) Discount Codes have a limited period of validity (3 years, unless otherwise stated) and may be subject to further limitations (in particular, validity only for new customers, minimum order value, minimum order quantity). Individual product categories or periods (e.g. sale) may be excluded. In particular, Discount Codes cannot be used for the purchase of Gift Cards unless they are expressly intended for this purpose. A Discount Code that is tied to a customer’s account or person cannot be transferred to third parties.
(4) Each Discount Code can only be redeemed once. It is then used up - in case of full or partial cancellation of the order, there is no right to reactivation of the Discount Code or issuance of a new one (unless otherwise agreed).
(5) Any abuse, fraud or violation of the terms of redemption may result in the invalidity of the Discount Code.
§ 7 Warranty for defects, no guarantee
(1) Wildling Shoes is liable for material defects in accordance with the applicable statutory provisions on consumer protection and warranty law.
(2) If you buy a demonstration model/exhibition product or new but defective products (e.g. second choice), the legal warranty rights apply here as well; however, Wildling Shoes points out to you that the traces of use and other defects present at the time of purchase do not trigger any warranty claims in this case, provided that these were known to you at the time of purchase and you have accordingly expressly and separately agreed with Wildling Shoes on the respective condition.
(3) There is no additional (no-fault) guarantee with respect to the goods delivered by Wildling Shoes.
§ 8 Liability
(1) Claims against Wildling Shoes for damages are excluded. This exclusion does not apply to claims for damages arising from injury to life, body, health or from the breach of essential contractual obligations (cardinal obligations). It does also not apply to liability for other damages based on an intentional or grossly negligent breach of duty by Wildling Shoes, its legal representatives or agents. Essential contractual obligations (cardinal obligations) are those whose fulfillment is necessary to achieve the goal of the contract.
(2) In case of breach of essential contractual obligations Wildling Shoes is liable only for the foreseeable damage typical for this type of contract and only if this damage was caused by simple negligence, unless the damages result from injury to life, body or health.
(3) The limitations of paragraphs 1 and 2 are also valid for the benefit of the legal representatives and vicarious agents of Wildling Shoes, if claims are asserted directly against them.
(4) The limitations of liability resulting from paragraphs 1 and 2 do not apply if and to the extent Wildling Shoes has fraudulently concealed the defect or has given a guarantee for the quality of the item. The provisions of the Product Liability Act remain unaffected.
§ 9 Withdrawal from the purchase contract
(1) Mandatory cancellation policy
Consumers have a legal right of withdrawal when concluding a distance selling transaction. Below you will find a brief explanation of your mandatory right of withdrawal (a), the consequences of withdrawal (b) and a sample withdrawal form (c).
a) Right of withdrawal
You have the right to withdraw from the contract within fourteen days without giving any reason.
b) Consequences of withdrawal
If you withdraw from this contract Wildling Shoes shall refund to you all payments it has received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by Wildling Shoes) without undue delay and no later than within fourteen days from the day on which Wildling Shoes has received the notification of your withdrawal from this contract. For this repayment, Wildling Shoes will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. Wildling Shoes may refuse repayment until Wildling Shoes has received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
c) Sample withdrawal form
(If you want to withdraw from the contract, please fill out this form and send it back).
- To Wildling Shoes GmbH, Kölner Str. 45, D-51766 Engelskirchen, email@example.com
- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of consumer(s) (only in case of paper communication)
(*) Delete where not applicable.
(2) Extended right of withdrawal and right of partial withdrawal
a) In addition to your statutory right of withdrawal, Wildling Shoes offers you an extended right to return: Goods for which you have a right of withdrawal according to paragraph (1) of this § 9, you can return to Wildling Shoes for a further 16 days after the end of the withdrawal period by using the returns portal (https://returns.wildling.shoes/). With regard to the further steps (in particular repayment, bearing of shipping costs and transport risk, compensation for lost value), the same regulations apply as for the statutory right of withdrawal.
b) Also in addition to the statutory right of revocation according to paragraph (1), Wildling Shoes offers you the right to partially withdraw from the order (meaning only with regard to individual items). For partial withdrawal the extended right of withdrawal according to paragraph a) shall also apply. In the event of any partial withdrawal, Wildling Shoes will not refund any outward shipping costs paid.
c) The extended and expanded right of return does not limit your legal rights and therefore does not limit your statutory right of withdrawal as described in paragraph (1).
§ 10 Final provisions
(1) Contracts between Wildling Shoes and you are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods and any international private law provisions. Mandatory statutory provisions on the limitation of the choice of law and on the applicability of provisions, in particular of the state in which you have your habitual residence as a consumer, remain unaffected.
(2) 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 contractual relationships between you and Wildling Shoes is the registered office of Wildling Shoes.
(3) The contract remains binding in its remaining parts even if individual points are legally invalid. Instead of the ineffective points, the legal provisions, if any, shall apply. As far as this would represent an unreasonable hardship for one of the contracting parties, however, the contract as a whole becomes ineffective.
Last updated: 1. February 2024