Terms of Sale of Wildling products

By placing an order for Wildling products using the online store at https://us.wildling.shoes (the “online store”) or at a physical location where we may from time to time sell our products (collectively with the online store, each, a “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 the store. 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 or the store. The store is for consumers who buy for themselves or others but not for resale. 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 by adding products to the virtual shopping cart in the online store and clicking the button “Complete order” or by tendering payment for the products at a physical location. Your order is a binding offer to purchase the products subject to these Terms of Sale. Before submitting your order in the online store, you can change and view your order data at any time. To confirm receipt of your order, we will display or send you an electronic notice with your order number and details of the items you have ordered. Your order will be deemed accepted when we dispatch the Products or, in some instances, when you take home a product purchased at a physical location.
   
   
2. Customer Account. To process your order, and keep you informed about its status, we will need to establish a customer account. The customer account will also permit you to check on the status of your order and the checkout process for future orders will be simplified. For this we will need your email address, name and shipping address. Your email address will be your username and you will select a confidential password. We will treat this information  in accordance with our Privacy Policy. By establishing the customer account and placing your order you consent to receiving electronic messages regarding your order. If you grant us your additional consent, we may from time to time send you information about our products or our company to your email address or by mail to your shipping address. You may revoke this consent at any time. Upon completion of your last pending order, you can close your customer account at any time by contacting and instructing our customer service.
   
   
3. Cancellation. Once we have confirmed receipt of your order we consider it final. We may in our discretion cancel an order, at your request before we have started the shipping process, if we don’t have the product in stock, or for any other reason. We will not cancel an order once the shipping process has begun. If we cancel an order we will have no liability to you, except to refund any payment we received from you. Subject to the foregoing, you may request an order cancellation via our returns portal: https://us.wildling.shoes/pages/returns. Our customer service team is available at contact@wildling.shoes.
   
   
4. Prices. All posted prices are subject to change in our discretion. 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 or at the point of purchase in the physical store. 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.
   
   
5. Payment. Unless we agree otherwise in writing, we must receive payment before we ship an order or at the time of purchase in the physical store. You can pay using any of the payment methods we may offer from time to time. 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.
   
   
6. Gift Cards. We may from time to time give you the opportunity to purchase gift cards in the store. Gift cards will be in the form of digital codes, and no physical cards will be issued. Gift cards are transferable and will be accepted by us as payment from the holder. Gift cards may be redeemed only in the stores as payment for our products. They cannot be used for the purchase of additional gift cards or for purchases at any other vendor. Any gift card must be used before completing the order process and cannot not be applied retroactively to prior purchases. Except where required by law, gift cards will not be paid out in cash, nor will they earn interest. Please contact us by customer chat [or at contact@wildling.shoes] to inquire about the balance of your gift card. Gift cards and remaining balances thereon may have a limited validity period that depends on the state of residence of the purchaser or known holder but that will in no event be less than five years from the date of purchase, Where not legally permitted, gift cards will not expire.
   
   
7. Discount Codes. We may from time to time in our discretion issue discount codes in the form of digital codes. Discount codes cannot be purchased and are not transferable. Discount codes may refer to discounts in price (expressed as a stated amount or a percentage in reduction of the stated purchase price) or free shipping on an order. Discount codes may be redeemed only in the store by purchasing our products. The value of any discount code will not be paid out in cash nor will it earn interest. If the cash value of a discount code exceeds the order value of the product(s) purchased, any remaining value will be forfeited upon completion of the order to which it was applied. A discount code must be redeemed before completing the order process and cannot not be applied retroactively to prior purchases. Discount codes cannot be combined with other discount codes or promotions unless specifically permitted. Discount codes have a limited period of validity and may be subject to eligibility requirements or further limitations, such as validity only for new customers, minimum order value or minimum order quantity. Certain product categories or periods (e.g., products marked on sale) may be excluded. Discount codes cannot be used to purchase gift cards unless specifically stated. Abuse, fraud or violation of the terms of redemption may result in invalidation of the discount code and the closure of your customer account and ban from the store.
   
   
8. Group Discount. If you purchase five or more pairs of shoes in one group order, we will grant you a 20% rebate of the total purchase price, which will be deducted before the invoice is finalized as a group discount. You cannot retroactively combine orders to obtain a group discount. Group discounts cannot be combined with other rebates or promotions.  Products ordered applying a group discount are non-returnable.
   
   
9. Shipping. We will arrange for shipment of the products to you, except in cases where you buy an instantly available product at one of our physical stores and take it with you. Please check the individual product page for specific shipping options we may offer in our discretion. Shipments may be made on our behalf by an affiliate and products may be shipped from outside the United States. You will pay all shipping and handling charges specified during the order process. 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.
   
   
10. Customs and Related Charges. We will be responsible for customs duties for shipments to the United States. In case of shipments to all other destinations, customers will be responsible for all customs duties and any related applicable charges payable in the country to which the shipment is made.
    
    
11. Returns and Refunds. Except for any products designated as non-returnable in the store or by these Terms of 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 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 US$ 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.
    
    
12. 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, email or regular mail at the addresses listed at the end of these Terms of Sale.
    
    
13. 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.
    
    
14. Privacy. We respect and are committed to protecting your privacy. Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products or services through the website.
    
    
15. 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.
    
    
16. 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.
    
    
17. Dispute Resolution and Binding Arbitration.
1. 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. 
2. 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. 
3. 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.   
4. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
5. 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.
   
   
18. 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.
    
    
19. 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.
    
    
20. 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.
    
    
21. Notices.
1. 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.
2. 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 of Sale. 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.
   
   
22. 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.
    
    
23. 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
Mailing Address: 530 Divisadero St., Unit 760, San Francisco CA 94117