General Terms and Conditions (GTC)

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The following General Terms and Conditions (GTC) govern the sale of products by Karina Elisabeth Krumbach, Nächstenbacher Weg 97, D-69469 Weinheim, telephone: +49(0)62013891900, email: wildfangshop@outlook.com, hereinafter referred to as the ‘Supplier’, via the online shop at www.wildfangshop.com.

 

 

§ 1 Scope of application

 

(1) These General Terms and Conditions apply to all contracts concluded between the Provider and private customers (within the meaning of Section 13 of the German Civil Code (BGB)) via the online shop at www.wildfangshop.com. Orders from entrepreneurs, tradespeople, freelancers or commercial resellers are excluded.

 

(2) Deviating terms and conditions of the customer shall not apply unless the provider expressly agrees to their validity in writing.

 

(3) The range of products offered includes: Kitchen, table and home textiles; kitchen and home accessories, ceramics, clothing, tin cans, wooden Christmas decorations.

 

 

§ 2 Conclusion of contract

 

(1) The contract is concluded with the provider: Karina Elisabeth Krumbach, Nächstenbacher Weg 97, 69469 Weinheim, Germany.

 

(2) The contract and negotiation language is German.

 

(3) The offers are aimed at customers worldwide and are intended for private customers only.

 

(4) The customer must be at least 18 years old.

 

(5) The presentation of products in the online shop does not constitute a legally binding offer, but rather an invitation to place an order. The customer submits a binding offer by completing the order process and clicking on the ‘Place order’ button at the end. Receipt of the order is confirmed by an automatic email, which does not yet constitute acceptance of the offer. The purchase contract is only concluded upon express confirmation of acceptance by email or upon dispatch of the goods.

 

(6) Orders that exceed normal household quantities require the express consent of the provider. This applies both to the number of products ordered within a single order and to the placement of multiple orders for the same product.

 

(7) The order data will be stored after conclusion of the contract and can be viewed in the customer login.

 

(8) The customer agrees to receive invoices exclusively in electronic form. Electronic invoices will be made available by email or in the customer account.

 

 

§ 3 Right of withdrawal

 

(1) Cancellation policy for private customers

The customer has the right to withdraw from the contract within fourteen days without giving reasons.

The withdrawal period is fourteen days from the day on which the customer or a third party named by him, who is not the carrier, took possession of the last goods.

To exercise the right of withdrawal, the customer must inform the provider, Karina Elisabeth Krumbach, Nächstenbacher Weg 97, 69469 Weinheim, of their decision to withdraw from the contract by means of a clear statement (e.g. a letter sent by post or an email). The customer may use the attached model withdrawal form for this purpose, but this is not mandatory.

 

(2) Consequences of withdrawal

If the customer withdraws from the contract, the provider must repay all payments received from the customer, including delivery costs (with the exception of additional costs resulting from the customer choosing a different type of delivery than the cheapest standard delivery offered by the provider), without delay and at the latest within fourteen days of the day on which the provider received notification of the withdrawal of this contract. For this refund, the provider will use the same means of payment that the customer used for the original transaction, unless expressly agreed otherwise; in no event will the customer be charged for this refund. The supplier may refuse to refund until they have received the goods back or until the customer has provided proof that they have returned the goods, whichever is earlier.

The customer must return or hand over the goods immediately and in any case no later than fourteen days from the day on which they notify the provider of the cancellation of this contract. The deadline is met if the customer sends the goods before the expiry of the fourteen-day period.

The customer shall only be liable for any loss in value of the goods if this loss in value is attributable to handling of the goods that is not necessary for testing their condition, properties and functionality.

 

Sample cancellation form

If the customer wishes to cancel the contract, they can fill out this form and return it to:

Karina Elisabeth Krumbach, Nächstenbacher Weg 97, 69469 Weinheim

I/we hereby withdraw from the contract concluded by me/us for:

- the purchase of the following goods/services:

- Ordered on/received on:

- Name of the consumer(s):

- Address of the consumer(s):

- Date:

- Signature of the consumer(s) (only for paper notifications):

 

________________________________

 

 

§ 4 Exclusion of the right of withdrawal

The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. It also does not apply to goods that can spoil quickly or whose expiry date would be quickly exceeded. Goods that were delivered sealed and are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery are also excluded from the right of withdrawal. Furthermore, the right of withdrawal does not apply to goods that have been inseparably mixed with other goods after delivery due to their nature. Finally, goods in sealed packaging whose seal has been removed after delivery, such as CDs, DVDs or software, are also excluded from the right of withdrawal.

 

 

§ 5 Prices and shipping costs

 

(1) All prices include the applicable statutory value added tax.

(2) The prices quoted do not include shipping costs. Orders over €150 are delivered free of charge.

 

(3) Products in the online shop may occasionally be accidentally labelled with an incorrect price. In such cases, the supplier will contact the customer before shipping the goods to inform them that the actual price is higher and ask them whether they wish to purchase the product at the correct price or cancel the order. If the correct price of a product is lower than the price stated, the supplier will charge the lower amount and send the product.

 

(4) The prices stated at the time of ordering apply. If list prices are available, the list prices at the time of ordering apply.

 

(3) The customer enters their Maestro card details during the ordering process. The amount will be debited after the goods have been dispatched.

 

(4) Credit card: The customer enters their credit card details during the ordering process. The amount will be debited after the goods have been dispatched.

 

(5) SEPA direct debit: The customer issues the provider with a SEPA core mandate. Advance notice of the direct debit is given before the account is debited. The goods are dispatched after the invoice amount has been debited.

 

(6) Klarna: The customer can pay via Klarna on account or in instalments. The terms of payment are specified by Klarna.

 

(7) Apple Pay: The customer enters their Apple Pay details during the ordering process and confirms the payment via Apple Pay. The payment is debited after the goods have been dispatched.

 

(8) Google Pay: The customer enters their Google Pay details during the ordering process and confirms the payment via Google Pay. The payment is debited after the goods have been dispatched.

 

(9) Upon dispatch of the goods, the invoice shall be sent by email or, if no email address is provided, by post to the specified billing address.

 

(10) If the customer defaults on payment or a return debit note is issued, the provider shall be entitled to claim damages for default (e.g. reminder fees, default interest, return debit fees).

 

(11) Payment by sending cash or cheques is not possible.

 

 

§ 8 Retention of title

 

(1) The delivered goods remain the property of the supplier until the purchase price has been paid in full.

 

(2) The customer is obliged to treat the goods with care during the retention of title. In particular, they must carry out all necessary maintenance and inspection work in good time at their own expense.

 

(3) The customer must notify the supplier immediately in writing if the goods are seized or subject to other interventions by third parties so that the supplier can take legal action in accordance with Section 771 of the German Code of Civil Procedure (ZPO). If the third party is unable to reimburse the supplier for the judicial and extrajudicial costs of legal action in accordance with § 771 ZPO, the customer shall be liable for the loss incurred by the supplier.

 

 

§ 9 Delivery, cancellation and shipping

 

(1) Unless otherwise stated in the offer, the delivery time is expected to be 3 working days. The provider shall endeavour to adhere to the stated delivery times. If delivery deadlines cannot be met, the customer shall be informed immediately and any payments already made shall be refunded.

 

(2) Unless otherwise agreed, delivery will be made to the delivery address specified by the customer within the United Kingdom. Information on the availability of products can be found on the provider's website. All information on availability, shipping or delivery times is non-binding unless it is expressly marked as binding.

 

(3) If, during the processing of the order, it is determined that the ordered products are not available, the customer will be informed immediately by email or message in their customer account. The customer's legal claims remain unaffected.

 

(4) Delivery shall be made according to the payment method selected by the customer. In the case of prepayment, delivery shall be made after receipt of payment. For all other payment methods, delivery shall be made after conclusion of the contract.

 

(5) If the order is shipped in multiple packages, the customer may receive a separate shipping confirmation for each package. In this case, a separate purchase contract is concluded for each shipping confirmation for the products listed in the respective shipping confirmation.

 

(6) The customer may cancel their order free of charge until the goods are dispatched. After dispatch, cancellation is only possible in accordance with the provisions on the right of withdrawal.

 

(7) Partial deliveries are permissible, provided they are reasonable for the customer. Additional shipping costs shall only be incurred if expressly agreed.

 

(8) If delivery of the goods fails due to the customer's fault, the supplier reserves the right to withdraw from the contract. Payments already made will be refunded to the customer immediately.

 

(9) If the supplier is unable to deliver the ordered goods through no fault of its own because the supplier's supplier has not fulfilled its contractual obligations, the supplier is entitled to withdraw from the contract. In this case, the customer will be informed immediately and any payments already made will be refunded.

 

(10) If delivery of the ordered products is delayed or becomes impossible due to force majeure or other unforeseeable, extraordinary circumstances beyond the Provider's control – such as natural disasters, war, strikes or official measures – the delivery periods shall be extended accordingly. The supplier shall inform the customer immediately of the unavailability. In such cases, the supplier shall be entitled to withdraw from the contract. The customer shall be informed immediately of the withdrawal and any payments already made shall be refunded.

 

(11) The supplier shall not be liable for delays in delivery caused by circumstances beyond its control (force majeure). In such a case, the customer shall be informed immediately and a new delivery date shall be agreed.

 

 

§ 10 Transport damage

 

(1) If you receive goods with obvious transport damage, please report such defects immediately to the delivery agent and contact us without delay.

 

(2) Failure to make a complaint or contact us has no consequences for your statutory warranty rights. However, you will help us to assert our own claims against the carrier or transport insurance company.

 

 

§ 11 Warranty

 

(1) Warranty for private customers

If the customer is a consumer, the warranty is governed by the statutory provisions. In addition to their 30-day right of return, consumers in the EU have a statutory warranty period of two years from delivery of the goods.

 

(2) Used goods

For used goods, the warranty period may be shorter than two years.

 

 

§ 12 Liability

 

(1) If the customer is a consumer, liability shall be governed by the statutory provisions.

 

(2) The provider's liability for breaches of contractual obligations and for tort is limited to intent and gross negligence. This limitation of liability does not apply in the event of injury to the life, limb or health of the customer, in the event of claims arising from the breach of essential contractual obligations (cardinal obligations) and in the event of compensation for damages caused by delay in accordance with Section 286 of the British Civil Code. In this respect, the provider is liable for every degree of fault.

 

(3) In the event of a slightly negligent breach of essential contractual obligations (cardinal obligations), the provider's liability is limited to the amount of typically foreseeable damage. Essential contractual obligations are those whose fulfilment is necessary to achieve the contractual objective and on whose compliance the customer may regularly rely.

 

(4) The aforementioned exclusion of liability also applies to slightly negligent breaches of duty by the provider's legal representatives or vicarious agents.

(5) The provider accepts no responsibility for the content and accuracy of the information in customers' registration and profile data or other content generated by customers.

 

(6) Claims for damages are limited to the foreseeable damage typical for this type of contract. In the event of default, the maximum liability is 5% of the order value.

 

(7) Claims for damages based on injury to life, limb or health shall become time-barred after 30 years; all other claims for damages shall become time-barred after two years. The limitation period begins at the end of the year in which the claim arose and the creditor became aware of the circumstances giving rise to the claim and the identity of the debtor, or should have become aware of them without gross negligence (Section 199 (1) BGB).

 

(8) The provider is entitled to check texts created by customers and uploaded files for compliance with legal regulations and provisions. In the event of violations, the provider reserves the right to remove this content in whole or in part.

 

(9) Liability under the Product Liability Act remains unaffected.

 

 

§ 13 Data protection

 

(1) Personal data is collected and processed in accordance with the applicable data protection regulations. The provider undertakes to treat customer data confidentially and not to pass it on to third parties, unless the customer has expressly consented to this or there is a legal obligation to do so.

 

(2) The customer has the right to obtain information about the data stored about them at any time free of charge and to request its correction, deletion or restriction of processing.

 

(3) Further information on data protection can be found in the provider's privacy policy.

 

 

§ 14 Offsetting and right of retention

 

(1) The customer is only entitled to offset if their counterclaim has been legally established or is undisputed by the provider.

 

(2) The customer can only exercise a right of retention if their counterclaim is based on the same contractual relationship.

 

 

§ 15 Special features of digital products and services

 

(1) Digital products are usually made available to the customer via download or email. The customer will receive the relevant access data or download links after payment has been received.

 

(2) The statutory liability rights for defects apply to digital products. In the event of a defect, the customer has the right to subsequent performance, i.e. rectification of the defect or delivery of a defect-free product.

 

(3) The customer must ensure that the technical requirements for receiving and using the digital products are met. The provider accepts no liability for malfunctions or damage attributable to a lack of technical requirements on the part of the customer.

 

(4) For services that are not provided in the form of physical products or digital content, the statutory provisions on service contracts (§§ 611 ff. BGB) apply.

 

(5) The customer undertakes to provide all necessary cooperation in a timely and complete manner when using the services. If the customer fails to comply with this obligation, the provider may charge for the additional expenses incurred as a result.

 

 

§ 16 Rights of use for digital content

 

(1) Upon purchasing a digital product, the customer receives a simple, non-transferable, unlimited right of use for the purchased content, unless otherwise agreed.

 

(2) The customer is not entitled to reproduce, distribute or make the digital content publicly available unless this is expressly permitted by contract.

 

(3) All copyrights remain with the provider or the respective rights holder.

 

 

§ 17 User account

 

(1) The customer is obliged to provide complete and truthful information when registering and creating the user account. The customer must keep their access data (username and password) safe and protect it from access by third parties. The provider is not liable for damages resulting from the misuse of access data, provided that the provider is not responsible for the misuse. The customer may only create one user account. Multiple registrations are not permitted and may result in the user accounts being blocked or deleted.

 

(2) The customer is obliged to immediately update any changes to their personal data, in particular their contact and payment details, in their user account. The customer is responsible for all activities carried out under their user account, unless they are not responsible for the misuse of their account.

 

(3) The provider reserves the right to block or delete the user account if there are indications of misuse, if the customer violates these General Terms and Conditions, or if the customer has provided incorrect information during registration. The customer may request the deletion of their user account at any time. The provider will delete the user account and all associated data immediately, provided that there are no legal retention obligations to the contrary. After the user account has been deleted, the customer can only create a new user account by registering again.

 

(4) The provider endeavours to ensure high availability of the user account. However, temporary restrictions or interruptions due to technical maintenance work or unforeseeable events (e.g. force majeure) cannot be ruled out. The provider shall not be liable for any damage caused by the temporary unavailability of the user account, unless the provider is responsible for the unavailability.

 

(5) The provider reserves the right to change, expand or restrict the functions and content of the user account at any time. Changes to this clause will be communicated to the customer by email at least four weeks before they come into effect. If the customer does not object to the changes within four weeks of receiving notification of the changes, the changes shall be deemed to have been accepted. The provider will specifically inform the customer of this legal consequence in the notification of changes.

 

 

§ 18 Amendments to the General Terms and Conditions

 

(1) The Provider reserves the right to amend these General Terms and Conditions at any time with future effect.

 

(2) The customer shall be notified of the amendments by email at least four weeks before they come into effect.

 

(3) If the customer does not object to the amendments within four weeks of receiving notification of the amendments, the amendments shall be deemed to have been accepted. The provider shall inform the customer of this legal consequence separately in the notification of amendments.

 

 

§ 19 Force majeure

 

(1) Events of force majeure that make delivery significantly more difficult or impossible for the provider entitle the provider to postpone delivery for the duration of the hindrance or to withdraw from the contract in whole or in part due to the unfulfilled part.

 

(2) Force majeure includes all events that are beyond the Provider's control and whose occurrence was not foreseeable at the time the contract was concluded, such as natural disasters, war, terrorist attacks, import and export bans, strikes, official orders or other serious operational disruptions through no fault of the Provider.

 

 

§ 20 Contract transfer

 

(1) The provider is entitled to transfer its rights and obligations arising from this contractual relationship in whole or in part to a third party with four weeks' notice.

 

(2) In this case, the customer has the right to terminate the contract with immediate effect.

 

 

§ 21 Applicable law and place of jurisdiction

 

(1) All legal relationships between the provider and the customer shall be governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. In the case of consumers, this choice of law shall only apply insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the country of their habitual residence.

 

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the provider.

 

 

§ 22 Online dispute resolution and participation in conciliation proceedings

 

The European Commission provides a platform for online dispute resolution (ODR), which can be accessed at https://www.ec.europa.eu/consumers/odr. The provider is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board. Nevertheless, the provider always endeavours to settle any differences of opinion arising from a contract amicably.

 

 

§ 23 Final provisions

 

(1) The contract language is German.

 

(2) The provider does not offer any products or services for purchase by minors. Products for children can only be purchased by adults. Persons under the age of 18 may only use the website with the involvement of a parent or legal guardian.

 

(3) Should individual provisions of these General Terms and Conditions be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, the validity of the remaining provisions shall remain unaffected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come closest to the economic objective pursued by the contracting parties with the invalid or unenforceable provision.

 

(4) Amendments or additions to these General Terms and Conditions must be made in writing. This also applies to the waiver of this written form requirement.

 

(5) The Provider reserves the right to make changes to the website, rules and regulations, and terms and conditions, including these General Terms and Conditions, at any time. Your order is subject to the terms and conditions of sale, contractual terms and conditions and General Terms and Conditions in force at the time of your order, unless a change to these terms and conditions is required by law or by official order (in which case they also apply to orders you have placed previously).

 

(6) There are no verbal side agreements. Amendments or additions to this agreement must be made in writing.