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Conditions of Use

§ 1 General Terms

All deliveries, services and offers including consulting, suggestions and other supplementary work are exclusively provided according to the following General terms of business and delivery.

§ 2 Goods and Services

1. Our display of goods does not represent an offer, but a non-binding invitation to our customers to order.

2. The delivery contract signed by the orderer represents a binding offer. We are entitled to accept this offer by sending an order confirmation within two weeks time or to deliver the ordered goods to the orderer within this period. Regarding goods which have been ordered by electronic means: We are entitled to accept the order within three workdays time after receipt. We are also entitled to refuse acceptance of the order after validation of credit-worthiness. If the purchaser orders the goods by electronic means, we will record the text of the contract and send it including these “Terms and Conditions” by email on request. The acknowledgement of receipt can be combined with the declaration of acceptance.

3. All details given in the offer regarding sizes and weights are merely approximate and without obligation, if not assured by us explicitly. Drawings and pictures and other performance data merely specify our services, as far as explicitly agreed upon or corresponding declarations have been made by us. This does not apply to features, which the orderer can expect according to public statements on our part especially in advertisements or in the labeling regarding certain features of the delivery item unless we didn’t know or didn’t have to know the statements so that we were not able to influence the purchase decision.

4. The conclusion of the contract takes place under the condition of the correct and punctual delivery by our own suppliers, as far as the non-delivery is not to be blamed on us.

§ 3 Retention of title

1. Regarding contracts with consumers we reserve the ownership of the goods until the purchase price has been paid completely. Regarding contracts with businesses we reserve the ownership of the goods until all the outstanding money of the ongoing business relationship has been paid.

2. In case of a manipulation, processing or alteration of the goods by the orderer, this will always be happening in our name and on our behalf. If the processing takes place with objects not owned by us, then we will gain joint ownership of the new item in proportion of the value of the goods supplied by us (total invoice amount including VAT) to the other processed items. This also applies if the goods are mixed with other items not owned by us.
 
§ 4 Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
If you have ordered several goods as part of a single order and these are delivered separately, the cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the last goods.
In the case of a contract for the delivery of goods in several partial shipments or pieces, the cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the last partial shipment or the last piece.
To exercise your right of withdrawal, you must contact Wildkart Deutschland AG & Co. KG, Auf der Brück 20-21, D-66693 Mettlach-Orscholz, Tel. 0049 (0) 6865/911 311, Fax 0049 (0) 6865/911 328, e-mail info@wildkart.eu, by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample "withdrawal form" for this purpose, but this is not mandatory.
In order to meet the cancellation deadline, it is sufficient for you to send your notification that you are exercising your right of cancellation before the cancellation period has expired.

Consequences of the withdrawal

If you withdraw from this contract, we will have all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us ), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse repayment until we have received the goods back or you have provided evidence that you have sent the goods back, whichever is earlier. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods. The costs are estimated at a maximum of around € 35. You only have to pay for any loss in value of the goods if this loss in value is due to handling you that is not necessary to check the condition, properties and functionality of the goods.

§ 5 Price and terms of payment

1. The orderer has the right of set-off only if his/her counterclaims are recognized legally or by us. The orderer can use his right of retention only if his/her counterclaim is based on the same contractual relationship.

2. If the orderer withdraws from the contract before its execution without us being responsible, we will be entitled to a generalized damage worth 20% of the total order amount. Proof that damage hasn’t occurred at all or is considerably lower than the fixed rate is explicitly granted to the orderer. Claiming further damage remains reserved to us.

§ 6 Risk passing

If the orderer is a business, then the risk of an incidental loss or incidental impairment is passed over to him with the delivery, when selling by dispatch with the handing over of the goods to the freight forwarder or any person or institution assigned for performing the shipment. This also applies if the orderer is in default of acceptance.
When downloading and sending data via the internet the risk of loss and alteration of data passes on to customer at the point where they enter the public network.

§ 7 Warranty

1. If the buyer is a business, then we guarantee subsequent improvement or replacement according to our choice for defective goods. If the buyer is a consumer, then he/she can choose subsequent improvement or replacement as means of supplementary performance. However, we are entitled to refuse the chosen way of supplementary performance, if it involves disproportional costs or if the other way of supplementary performance is without considerable disadvantage for the consumer.

2. Businesses have to check the delivered goods for deviations in quality and faults and inform us in written about obvious faults within a period of seven days on receipt of the goods. Otherwise the assertion of the warranty claim is excluded. Hidden faults are to be reported in written to us within a period of seven days starting with their detection. The timely sending off suffices for keeping the term.

3. If the supplementary performance fails, then in general the orderer can claim the reduction of the payment (price) or the cancellation of the contract (withdrawal) according his choice. In case of a minor lack of conformity, particularly minor defects, however the orderer is not entitled to the right to withdraw from the contract.

4. If the orderer chooses to withdraw from the contract because of a defect of title or a material defect after a failed supplementary performance, he will not be entitled to claim for damages in addition because of this defect. If the orderer chooses compensation after a failed supplementary performance, the goods will remain with the orderer, if this is reasonable for him/her. Then the compensation will be limited to the difference between the purchase price and the value of the defective goods. This does not apply if we caused the violation of contract fraudulent.

§ 8 Limitation period

1. If the orderer is a business, then claims for supplementary performance, damages and replacement of goods/services are subject to a time limit of one year after delivery of the goods. This doesn’t apply, if we can be accused of fraud or gross culpability as well as in case of serious body and health damage or loss of the orderer’s life which can be blamed on us.  

2. If the orderer receives faulty assembly instructions, then we are merely obliged to provide flawless assembly instructions and so only if the fault in the assembly instructions prevents a correct assembly.

3. The orderer doesn’t obtain any guarantees in the legal sense from us. Manufacturer’s warranties remain unaffected by this.

§ 9 Limitation of liability

1. In case of slightly negligent violations of obligations, our liability is limited to average damages which are typical for the contract, instantaneous and predictable by the nature of the goods. This also applies to slightly negligent violations of obligations on the part of our legal representatives or subcontractors. We and our subcontractors are not liable for slightly negligent violations of non-essential contractual obligations which don’t jeopardize the execution of the contract.

2. The above-mentioned limitation of liability doesn’t affect the orderer’s claims from the product liability. Furthermore the limitations of liability don’t apply to serious body and health damage or loss of the orderer’s life which can be blamed on us.

§ 10 Closing provisions and place of jurisdiction

1. If single terms are void, then the contract and the other clauses of these Terms and Conditions will remain valid. The entirely or partially void term is to be replaced by one whose economic success is as close as possible to the void one.

2. The place of jurisdiction is Merzig; with 5,000.00 Euros and more it is Saarbrücken. This doesn’t apply to orderers that are not businesses, corporate bodies under public law or special fund under public law.

3. Exclusively German law in the exclusion of The Hague Convention On The Law Applicable To International Sale Of Goods and the UN Convention on Contracts for the International Sale of Goods. This doesn’t apply to orderers that are not businesses, corporate bodies under public law or special fund under public law.
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