Terms and conditions

1. Validity

These terms and conditions are valid for all customers of Wildemasche GmbH & CO KG (called Wildemasche in the following) outside of Germany and their orders placed at Wildemasche.com. These terms apply in preference to and supersede any terms and conditions preferred to offered or relied on by the buyer whether in negotiation or at any stage in the dealings between the seller and buyer with reference to the goods to which this contract relates. Without prejudice to the generality of the foregoing, the seller will not be bound by any of its documents or printed terms furnished by the buyer in any of its documents unless the buyer specifically states in writing separately from such terms that it intends such terms to apply and the seller acknowledges such notification in writing. Neither the buyer nor the seller shall be bound by any variation, waiver of, or addition to these conditions except as agreed by both parties in writing and signed on their behalf.

2. Price

All prices quoted are in EURO including German VAT and are subject to change without notice. Wildemasche attempts to make all information accurate and current but typing mistakes may occur. Although great care is been taken no responsibility can be accepted for price errors.

3. Delivery and passage of the risk

The goods will be shipped ex works Plüderhausen / Germany at the customer's risk and will remain the entire property of Wildemasche until fully paid for. Any damage on the packaging should be reported immediately to the forwarder. The delivery or performance dates specified in the contract are approximate only and unless expressly stated time is not of the essence for delivery. The seller will not be liable in any circumstances for the consequences of any delay caused by strikes, lockouts, fire, accidents, defective materials, delays in receipt of raw materials or brought in goods or components or any other causes beyond the reasonable control of the seller. No delay shall entitle the buyer to reject any delivery or any further installment or to repudiate the contract.

4. Customs duty and foreign taxes

The customer is responsible for any costs involved with customs clearing, import duties, import taxes or any additional shipping charges or costs that appear in his country and/or in the country he wants to have the goods shipped to.

5. Delivery

All shipping charges are to be paid by the customer and are shown when checking out in the customers shopping cart. They are billed with the ordered goods. The delivery time ex works Plüderhausen / Germany depends on the country the order is to be shipped to. For details and costs, see shipping options in the cart when checking out, or check the Shipping & Payment section linked from the footer at Wildemasche.com

6. Terms of payment

For international orders, we accept PayPal payments or payment in advance by international money order in EURO, payable to our German bank account. For details please check the Shipping & Payment section in the information box on the left.

7. Liability

The seller agrees (subject to satisfaction of the conditions as described below) to make good free of charge by replacement or repair any defects which the seller finds upon examination to be due to faulty materials or workmanship which may appear in the goods within seven days of receipt. The said conditions (each of which must be fulfilled before any warranty claim shall arise) are:

- that the claim is not attributable to fair wear and tear or any fault or damage arising from impact, modification, inappropriate use to treatment, incorrect handling or the goods being kept other than under normal conditions (e.g. excess heat, snagging objects, wet or damp weather)
- that any instructions as to the use of the goods have been strictly complied with
- that the claim is notified in detail in writing to the seller within 7 days of the date of discovery of the alleged defect.

The warranties contained in this clause are given expressly in lieu of and exclude (to the fullest extent permitted by law) of all other representations, conditions, guarantees or warranties, expressed or implied. The seller's liability for the loss or damage whether direct or consequential (other than as provided in such warranties) is hereby excluded.

Except where specifically otherwise agreed in writing the seller offers no (and shall have no liability under any) warranty or conditions (express or implied) in respect of goods, materials or services of its suppliers or sub-contractors but the seller will if requested by the buyer (and if the seller considers it appropriate and practical to do so) assist the buyer to obtain the benefit of such warranties as are available from then in favour of first users of goods or services.

The buyer indemnifies the seller and its employees & agents against all third party claims relating in any way to goods supplied by the seller or arising from breach of or negligence in connection with the contact.In case of substantial reclamations we will exchange the product but we cannot be held responsible for any further material or nonmaterial losses, damage or profit not realized by the buyer.

8. Third parties copyright, illegal content

The customer declares that he is the owner or has the right to use content (trademarks, copyrights, licences, privacy rights of pictures, logos, trademarked wording etc.) with which he authorizes Wildemasche to produce knitted products with.

The customer is liable for any third party claims that may arise from using such content without permission of the content owner. In case the declaration of ownership of the content by the customer in incorrect, he is liable for any costs that may arise Wildemasche from that (licence fees, law-costs etc).

The customer shall not violate existing German law with his choice of content. Especially, the customer declares not to use pornographic, explicitly violent or instigative content. We reserve the right to reject any orders containing such content.

9. Sub-contracting

The seller reserves the right to sub-contract the whole or any part of the contract.

10. Returned goods

The seller may at its sole discretion take back unwanted goods from the buyer. If the seller does accept such returned goods it will do so only on the following conditions:
- in the case of the items ordered in error or refused (except in the case of damage) the shipment costs are non-refundable.
- that the goods are returned "as new" and unused at the buyers expense.

11. Distance selling regulations

The terms set out in this clause shall apply to those persons who deal as a consumer as defined in Distance selling regulations.

A consumer shall, subject to the terms set out in clause 11, have the right to cancel a contract within 14 days after the day on which you receive the goods, provided that the consumer gives written notice of such cancellation.

If a consumer exercises his rights to cancel the contract under the terms of these regulations, we will refund any payment made by the consumer within 30 days from the day that the consumer gave written notice of cancellation. Provided that the consumer shall not be entitled to a repayment in the event that: The consumer does not take reasonable care of the goods either prior to cancellation of the contract or following cancellation, while the goods remain in the possession of the consumer. For the purposes of this condition a consumer shall be deemed not to have taken reasonable care of the goods if such goods are used in any way or returned damaged in anyway to us. Any goods required to be returned under this clause, by a consumer, are to be returned using surface mail at the consumers sole expense.

Please note: The distance selling regulations do not apply to purchases of items that were produced according to customer's specifications or that are made to meet customer's personal requirements.

12. Verbal agreements

Any verbal or other agreements will only be valid after our written confirmation.

13. Law

The contract shall be deemed to have been made in Germany and the parties to the contract hereby submit to the jurisdiction of the German courts. German law shall be the proper law of contract.