Terms of Sale of Wildling Shoes products

By placing an order for Wildling Shoes products using the online store at https://us.wildling.shoes (the “store”), you accept these terms and conditions of sale (these “Terms of Sale”), which are a contract between you and Wildling Shoes US, Inc. (“we” or “us”). You agree to use arbitration on an individual basis to resolve any disputes with us, rather than a jury trial or a class action. If you do not agree to these Terms of Sale, do not order products from this website. We do not offer to sell our products to persons who are less than 18 years of age or less than the legal age to form a binding contract with us or to persons who are prohibited by law from accessing this website. The shop is for consumers who buy for themselves or others but not for resale. [We ship to the United States and Canada. For orders to be delivered to all other countries, please visit our international shop: https://www.wildling.shoes/en. These Terms are part of the Terms of Use of our website. We may change these Terms of Sale from time to time and the latest version will govern if you use the website after the latest version was posted on our website. We do not accept any other terms or conditions and hereby reject any attempt by you to impose such terms, however communicated.

  1. Orders. You place an order in the store by adding products to a virtual shopping cart. By clicking the button “Complete order” you make a binding offer to purchase the products in the shopping cart subject to these Terms of Sale. Before submitting your order, you can change and view your order data at any time. Only if we accept an order will we be obligated to sell the products to you. We may choose not to accept any order at our discretion. To accept your order, we will display or send you an electronic order confirmation with your order number and details of the items you have ordered. Until and unless your order is confirmed no contract for sale exists between us and you. We may from time to time offer to order Wildling products at physical locations, such as pop-up stores. Your order will then be confirmed upon processing of your payment at such location.

  2. Cancellation. Confirmed orders are final but we may in our discretion cancel a confirmed order, at your request before we have started the shipping process, or for any other reason. If we cancel an order we will have no liability to you, except to refund any payment we received from you. If you want us to cancel an order, please do so via our returns portal: https://us.wildling.shoes/pages/returns. If you encounter any issue in cancelling the order via the returns portal, please contact the customer service team via contact@wildling.shoes.

  3. Prices. All posted prices are subject to change without notice. The price charged for a product will be the price in effect at the time the order is displayed in your shopping cart immediately before your order confirmation. Price increases will only apply to orders placed after prices changes have been posted. Posted prices do not include applicable sales tax or shipping charges. We withhold sales tax where legally required. Sales tax and shipping charges will be added to your merchandise total and will be itemized in your shopping cart before you finalize your order and in your order confirmation.

  4. Payment. Unless we agree otherwise in writing, we must receive payment before we ship an order. You can pay using any of the following payment methods that will be processed via Shopify Payments and PayPal: credit card (Visa, Mastercard, American Express), PayPal, Apple Pay, and Google Pay. If you are redirected to the page of a payment provider during the payment process, the terms and conditions of that payment provider also apply.

  5. Shipping. We will arrange for shipment of the products to you. Please check the individual product page for specific shipping options. Shipments may be made on our behalf by an affiliate and products will be shipped from outside the United States and/or Canada. You will pay all shipping and handling charges specified during the order. The risk of loss passes to you when we transfer the products to the carrier. In case a product is damaged or lost during shipping, you must make a claim against the carrier. We may make available forms or otherwise assist in making such claims in our discretion. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipment. If you order multiple products, we may make separate shipments and each shipment is a separate agreement between you and us.

    5a. Customs and Related Charges. We will be responsible for customs duties only for shipments within the United States. For shipments to all other destinations, customers will be solely responsible for all customs duties and any related applicable charges payable in the country to which the shipment is made.

  6. Returns and Refunds. Except for any products designated in the store as non-returnable (such as products marked as “Final Sale”), we will accept a return of products you bought from us for a refund of your purchase price, including any sales tax, provided you make the return within thirty (30) days of delivery to you and provided the products are returned in their original condition and box, with all tags attached and fit for resale. To return products, please visit our returns page at https://us.wildling.shoes/pages/returns, and log into your customer account, to obtain a DHL shipping label and customs forms for return shipment. Refunds are processed within approximately ten (10) business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase. If this is your first return of our products, we will not charge a return shipping fee. For all subsequent returns we will deduct a return shipping fee of USD 9.90 from your refund. However, if you return all items of the same order, and in accordance with the requirements set out above, we will refund the original shipping costs in addition to the purchase price.

  7. LIMITED WARRANTY. Our limited warranty for our products can be found at this page: Limited Warranty. The Limited Warranty is hereby incorporated by reference and made a part of these Terms of Sale as if it were fully set forth herein. You can also request a copy of our Limited Warranty to be sent to you by contacting us via customer service chat or email at the addresses listed at the end of these Terms of Sale.

  8. Goods Not for Resale. You represent and warrant that you are buying our products for your own personal or household use only, and not for resale.

  9. Privacy. We respect and are committed to protecting your privacy. Our governs the processing of all personal data collected from you in connection with your purchase of products or services through the website.

  10. Force Majeure. We will not be liable or responsible to you, nor be deemed to have breached these Terms of Sale or any contract incorporating these Terms of Sale, for any failure or delay in fulfilling or performing any of these Terms of Sale when and to the extent such failure or delay is caused by or results from acts beyond our reasonable control, including, without limitation, the following force majeure events: (a) acts of God; (b) flood, fire, earthquake, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; and (i) other similar events beyond our reasonable control. We will give you notice within thirty (30) days of a force majeure event, stating the time we expect the force majeure event to continue. We will use diligent efforts to end the failure or delay and ensure the effects of such force majeure event are minimized and will resume the performance of our obligations as soon as reasonably practicable after the force majeure event has ended. In the event that we cannot comply with these Terms of Sale because of a force majeure event for a period of thirty (30) days following our notice you or we may thereafter terminate any order. If you terminate an order we will refund you the purchase price, including taxes and other charges and this will be our only liability. If any order is still delivered to you after termination, we ask that you inform us, or we may contact you. We will then provide a shipping label to return the merchandise.

  11. Governing Law. All matters arising out of or relating to these Terms of Sale are governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of California.

  12. Dispute Resolution and Binding Arbitration.
    • EXCEPT AS PROVIDED HEREIN, YOU AND WILDLING SHOES US, INC. AGREE TO RESOLVE ANY CLAIM EXCLUSIVELY AND FINALLY THROUGH BINDING INDIVIDUAL ARBITRATION. “CLAIM” INCLUDES WITHOUT LIMITATION ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND WILDLING SHOES US, INC. ARISING FROM OR RELATING IN ANY WAY TO YOUR VISIT TO OR USE OF THE STORE OR PURCHASE OF OUR PRODUCTS, INCLUDING WITHOUT LIMITATION OUR LIMITED WARRANTY.
    • The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this section. (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or our agreement is void, voidable or otherwise invalid. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitrator will have no power to consider the enforceability of the class arbitration waiver contained in this section and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
    • EXCEPT AS PROVIDED HEREIN, YOU AND WILDLING SHOES US, INC. GIVE UP ANY RIGHT TO LITIGATE ANY CLAIM IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO ANY SUCH CLAIM OR TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE OR TO PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
    • If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
    • Notwithstanding any other provision in these Terms of Sale, our Terms of Use or our Privacy Policy, we may in our sole discretion decide to bring a court action against any person to protect our intellectual property rights against any form of infringement or to otherwise protect our other rights under our Terms of Use.

  13. Assignment. You may not assign any of your rights or delegate any of your obligations under these Terms of Sale without our prior written consent. Any purported assignment or delegation in violation of this section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms of Sale.

  14. No Waivers. Our failure to enforce any right or provision of these Terms of Sale will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by our duly authorized representative.

  15. No Third-Party Beneficiaries. These Terms of Sale do not and are not intended to confer any rights or remedies upon any person other than you.

  16. Notices.
    • To You. We may provide any notice to you under these Terms of Sale by sending a message to the email address you provide or by any other means designed to give you notice, including without limitation courier service or the mail. Notices sent by email will be effective when we send the email and notices we provide otherwise will be effective upon delivery or if we post a notice on our website upon posting. You are responsible for keeping your email address current.
    • To Us. You must give us any notice under these Terms of Sale (except as specifically provided otherwise herein) by overnight courier or registered or certified mail to the address at the end of these terms. We may update the address for notices to us by posting a notice on the website. All notices provided to us will be effective on the first business day following proven delivery or transmission.

  17. Severability. If any provision of these Terms of Sale is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms of Sale and will not affect the validity or enforceability of the remaining provisions of these Terms of Sale.

  18. Entire Agreement. Our order confirmation, these Terms of Sale and the Terms of Use of our website will be deemed the final and integrated agreement between you and us regarding the matters contained in these Terms of Sale.

 

Questions, Returns, Warranty Service?

Contact us at:

Wildling Shoes US, Inc.

Email: contact@wildling.shoes

Contact form and customer service chat: https://us.wildling.shoes/pages/contact

Post: 530 Divisadero St Unit 760, San Francisco CA 94117