AGB
General Terms and Conditions
for the online shop at the URL
operated by
aurinastudio Melissa Romas
Jägersdorf 54
07768 Schöps
Email: office@wildiera.com
Phone: +49 (0) 152 347 548 17
— hereinafter referred to as the “Provider” —
1. Scope
These General Terms and Conditions (GTC) apply, once incorporated, to all contracts concluded for the purchase of goods, services, or other items (hereinafter “goods”) in the online shop at the above-mentioned URL, in the version valid at the time the contract is concluded. These GTC apply exclusively. Deviating terms and conditions of the customer shall not become part of the contract unless the provider expressly agrees to them.
2. Conclusion of Contract
2.1 The offers in the online shop constitute a non-binding invitation by the provider to visitors of the online shop to submit an offer to purchase the goods offered in the shop.
2.2 The ordering of goods is carried out via the provider’s online order form. After selecting the desired goods, entering all required information, and completing all other mandatory steps in the ordering process, the selected goods can be ordered by clicking the order button at the end of the checkout page (order). By placing the order, the customer submits a binding contractual offer to purchase the selected goods. The contract is concluded when the provider accepts the customer’s offer. Acceptance takes place when the provider confirms the conclusion of the contract in written or text form (e.g. by email) (order confirmation) and this confirmation is received by the customer, or by delivering the ordered goods and these goods are received by the customer, or by requesting payment from the customer (e.g. invoice or credit card payment during the ordering process) and this payment request is received by the customer; the decisive point in time for the conclusion of the contract is when one of the aforementioned alternatives occurs for the first time.
2.3 Before submitting a binding order via the provider’s online order form, the customer can review their entries and correct them at any time using the usual keyboard, mouse, touch, or other available input functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual input functions.
2.4 The provider will store the contract text after the conclusion of the contract and send it to the customer in text form (e.g. by email). The provider will not make the contract text accessible beyond this. If the purchase was made via a customer account in the online shop, the customer can view their orders and the associated order data there.
2.5 The following languages are available for the conclusion of the contract: German, English
3. Right of Withdrawal for Consumers
Consumers generally have a right of withdrawal for contracts concluded outside business premises and for distance contracts. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither related to their commercial nor their self-employed professional activity. Details can be found in the withdrawal policy, which is made available to every consumer at the latest immediately before the conclusion of the contract.
4. Payment, Default
4.1 The prices listed in the online shop at the time of the order apply. All prices include statutory value-added tax and, where applicable, plus shipping costs. The available payment methods are communicated to the customer in the provider’s online shop.
4.2 If “prepayment” is agreed, the purchase price is due immediately upon conclusion of the contract.
4.3 If “purchase on account/invoice” is agreed, payment is due immediately upon conclusion of the contract unless another payment term is specified in the invoice or during the purchase process.
4.4 If “SEPA direct debit” is agreed, payment is due immediately upon conclusion of the contract. Before the purchase price is debited, the customer will be informed when the debit will take place (pre-notification). The direct debit will not be carried out before receipt of this pre-notification and not before the deadline specified in the pre-notification. If the direct debit fails due to insufficient funds, incorrect bank details, or other reasons attributable to the customer, the customer shall bear any resulting chargeback fees, provided the customer is responsible for the failure.
4.5 If payment by credit or debit card is agreed, the purchase price is due immediately upon conclusion of the contract.
4.6 If payment via PayPal is agreed, the purchase price is due immediately upon conclusion of the contract. Payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg.
4.7 If “Sofortüberweisung” (instant transfer) is agreed, the purchase price is due immediately upon conclusion of the contract. Payment processing is carried out by Sofort GmbH, Theresienhöhe 12, 80339 Munich.
5. Retention of Title
The purchased goods remain the property of the provider until full payment of the purchase price has been made.
6. Delivery and Self-Supply Reservation
6.1 Unless otherwise agreed, delivery shall be made within the delivery time specified in the online shop to the delivery address provided by the customer. The applicable delivery times can be found in the online shop.
6.2 Self-collection of the purchased goods is excluded.
6.3 If the provider is unable to deliver the ordered goods because it has not been supplied by its own supplier through no fault of its own, despite having concluded a congruent covering transaction with a reliable supplier in due time, the provider shall be released from its obligation to perform and may withdraw from the contract. The provider is obliged to inform the customer immediately of the impossibility of performance. Any consideration already provided by the customer will be reimbursed without delay. Mandatory consumer protection law remains unaffected by this provision.
7. Warranty
The statutory provisions on liability for defects apply.
8. Liability and Indemnification
8.1 The provider shall be liable without limitation:
- for damages resulting from injury to life, body, or health caused by an intentional or negligent breach of duty by the provider or by an intentional or negligent breach of duty by a legal representative or vicarious agent of the provider;
- for damages caused by an intentional or grossly negligent breach of duty by the provider or by an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the provider;
- based on a guarantee promise, unless otherwise regulated in this respect;
- due to mandatory liability (e.g. under the Product Liability Act)
8.2 If the provider negligently breaches a material contractual obligation, its liability is limited to the foreseeable damage typical for the contract, unless unlimited liability applies pursuant to the preceding paragraph. Material contractual obligations are obligations which, according to the content of the contract, are essential for achieving the purpose of the contract, whose fulfillment makes the proper execution of the contract possible in the first place, and on whose compliance the customer may regularly rely.
8.3 Otherwise, liability of the provider, as well as liability of its vicarious agents and legal representatives, is excluded.
8.4 The customer shall indemnify the provider against all claims of third parties—including the costs of legal defense in their statutory amount—asserted against the provider due to unlawful or contractual violations by the customer.
9. Data Protection
The provider treats the personal data of its customers confidentially and in accordance with statutory data protection regulations. Further details can be found in the provider’s privacy policy.
10. Final Provisions
10.1 The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods, unless this choice of law results in a consumer with habitual residence in the EU being deprived of mandatory provisions of the law of their country of residence.
10.2 If the customer is a merchant, a legal entity under public law, or a special fund under public law, the court at the provider’s place of business shall have jurisdiction, unless an exclusive place of jurisdiction is established for the dispute. This also applies if the customer does not have a place of residence within the European Union. The registered office of our company can be found in the heading of these GTC.
10.3 If any provision of this contract is or becomes invalid or unenforceable, the remaining provisions of this contract shall remain unaffected.
11. Information on Online Dispute Resolution / Consumer Arbitration
The European Commission provides a platform for online dispute resolution (ODR), which can be accessed at the following link:
https://ec.europa.eu/consumers/odr
The provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
Our email address can be found in the heading of these GTC.