Terms & Conditions

1 Scope

The following terms and conditions apply to all contracts that you conclude with us, Nalina Wild (“we”), via the website https://www.nalinawild.com and https://www.nalinawild.de.

The version of the General Terms and Conditions that is available on the website at the time the contract is concluded and thus valid at that time shall apply. Deviating, conflicting or supplementary agreements shall not become part of the contract, even if we are aware of them, unless we have expressly agreed to their validity in writing.

Consumer is according to § 13 of the German Civil Code each natural person, who concludes a legal transaction for purposes, which cannot be attributed to their commercial nor their independent operations. Entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity.

2 Conclusion of Contract

The subject of the contract is the sale of goods and workshops. Our offers on the internet are non-binding and do not constitute a binding offer to conclude a contract.

With the completion of the order process by activating the button “Send order” or by clicking the Paypal “Pay button”, you bindingly declare your offer to purchase the goods selected by you (order). We immediately confirm the receipt of the order by e-mail to the e-mail address provided by you. The confirmation of receipt does not yet represent a binding acceptance of the order; however, it can be combined with an express declaration of acceptance.

We are entitled to accept the contractual offer contained in the order within three working days of receipt. The acceptance of the order by us takes place by a confirmation by e-mail with dispatch of the ordered goods. Only with this acceptance will the sales contract be placed. We are entitled to refuse the acceptance of the order, for example after checking your creditworthiness. In this case we will inform you of the rejection in writing or by e-mail.

After completion of the order process and before the binding dispatch of the order by activating the button “Continue to checkout”, all order data are displayed to you in the “order overview” collected; you will have the opportunity here to correct any mistakes.

The processing of the order and transmission of all information required in connection with the conclusion of the contract is partially automated by e-mail. You must therefore ensure that the provided e-mail address provided with us is correct, that the receipt of the e-mails is technically ensured and in particular is not prevented by SPAM filters.

3 Right of Withdrawal for Consumers

Cancellation policy

You have the right to revoke this contract within 14 days without giving reasons. The revocation period shall be 14 days from the day on which you or a third party other than the carrier designated by you have taken possession of the goods.
According to §312d German Civil Code the consumer has no right of withdrawal as soon as a product has been manufactured, personalised or modified according to the customer’s wishes. Attention: The purchase of a voucher, which is sent to you by e-mail, is excluded from the revocation.

To exercise your right of withdrawal, you must contact us via:

Asina Mona Kupke
Nalina Wild
Egellsstr. 10
13507 Berlin
Germany

and you must notify us of your decision to revoke this agreement by means of a clear statement (e.g. a letter or e-mail sent by post). You can use the attached sample revocation form, which is not mandatory. In order to comply with the revocation period, it is sufficient for you to send the notification of the exercise of the right of revocation before the expiry of the revocation period.

Consequences of revocation

If you revoke this agreement, we shall reimburse you immediately and no later than 14 days from the date on which we received notice of your revocation of this agreement for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us). We will use the same means of payment used by you in the original transaction for such refund, unless expressly agreed otherwise with you and in no event will you be charged for such refund.
We may refuse to refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is earlier.
You shall return or deliver the goods to us immediately and in any event no later than 14 days from the date on which you notify us of the revocation of this contract. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the period of 14 days. For the return of the goods please adhere to the following procedure, which you can read in the point “Shipping & Retour”.

Shipping & Retour

Please keep in mind that we are a small company, which manufactures every product with a lot of love and time. That is why we ask you to choose your products consciously for the love of the environment.

Each product is designed individually, cleansed and energised by the designer. We want to give your product full attention, so the processing might take a little bit longer than you might be used to. The time for this individual process usually takes 3 – 7 working days.

For personalised jewelry, the processing time may vary and is 4 – 6 weeks from the date of payment.

If you would like an order to be delivered to you at a certain time, please contact us and we will tell you whether we are able to deliver your order to you at the desired time.

Processing time before dispatch:

3 – 7 working days (Individual designs: 4 – 6 weeks)

Delivery time after dispatch:

We ship via DHL (Deutsche Post).

Within Germany: 1 – 3 days
Austria, Switzerland, Netherlands, France, and Czech Republic: 2 – 6 days
Italy, Spain: 3 – 8 days
United Kingdom: 3 – 6 days
USA :10 – 12 days
Canada: 8 – 13 days
Australia and New Zealand: 10 – 14 days
All other countries: 10 – 18 days

For packaging and dispatch within Germany we charge an amount of 5.00 EUR. For packaging and shipping worldwide we charge an amount of 7.00 EUR. Express shipping: weekdays until 17.00 o’clock (Standard Express) 12,00 EUR.
Delivery is free of charge for all orders over 100.00 EUR to all countries worldwide.

The final delivery time within which we deliver the goods to you in the event of acceptance of your order by us (final delivery period) will be indicated to you within the ordering process. The final delivery time (processing time + delivery time) begins on the following working day after receipt of your order.

Replacement and Right of Return

Before placing your order, please note that the colours and texture of the gemstones and materials may differ from the picture, as they are mainly natural materials.

However, if the size is not right or you really do not like it, you have 14 days after the purchase to cancel your order (except custom or personalised orders, vouchers, reduced items and items on sale).

After purchasing a product in the Nalina Wild Online Shop you have the right to exchange the product within 14 days without giving reasons. The period begins with the day on which you receive the order and lasts for 14 calendar days. Please adhere to the following procedure:

1. Write us an email using the address contact@nalinawild.com and inform us about the return.

2. Pack the product in its original packaging and send it well protected within the period of 14 calendar days at the latest (from the day on which you informed us about the return) to the following address:

Asina Mona Kupke
Nalina Wild
Egellsstr. 10
13507 Berlin
Germany

Forwarding expenses are to be paid by the sender.

We will send you a confirmation email as soon as we receive your return. Please note that the processing time is 7 – 10 working days from receipt of your confirmation email.

For replacement: After receipt of the products we will send you the new size you have chosen free of charge (if it is the same product).

For return: After receipt of the products we will refund the purchase price including the one-time shipping costs within 14 days.

Individual orders, personalised orders, coupons, reduced articles and sales articles are excluded from the exchange and return right.

Revocation Form Sample

I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*) Ordered on (*)/received on (*) Name(s) Consumer(s) Address(es) Consumer(s) Date and Signature(s) of Consumer(s) (paper communication only) (*) Delete where applicable.

4 Price, Costs and Terms of Payment

The price applied is what was offered and valid at the time of purchase. As a small entrepreneur in terms of § 19 German Sales Tax Law (UStG) no value added tax is calculated.

In the case of mail order purchase, the price is understood to be the price plus the respective stated shipping costs. The shipping costs are shown separately in the course of the ordering process and are to be borne by you in addition, unless delivery free of shipping costs is promised.

The payment of the order can be completed by Paypal, or by Sofortüberweisung and credit card over the service Stripe.

5 Delivery, Delivery Time and Shipping costs

We deliver on first served basis.

In the case of consumers, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the consumer when the goods are handed over to the consumer or a recipient designated by him. This applies regardless of whether the shipment is insured or not. The delivery is equal if the consumer is in delay with the acceptance. Otherwise, the risk of accidental loss and accidental deterioration of the goods shall pass to the buyer upon delivery, in the case of sale to destination, upon delivery of the goods to the forwarding agent or other person or institution designated to carry out the shipment.

6 Retention of Title

The delivered goods remain our property until the purchase price has been paid in full.

You must treat the goods with care until the transfer of ownership has taken place.

7 Liability for Defects

The statutory liability for defects shall apply. In the case of contracts with entrepreneurs, their claims for defects become statute-barred one year after delivery.

We are always anxious to show the products truthfully with regard to colour and structure. However, we would like to point out that there may be slight discrepancies between the delivered product and its illustrations in the online shop. Colour deviations can mostly be caused by the use of natural stones, each of which is unique. Colour settings on the respective monitors can also lead to colour deviations; these deviations do not constitute a defect. If you have any questions about our products, please feel free to contact us at contact@nalinawild.com.

8 Special features of Jewellery Workshops (e.g. Mala and Bracelet workshops)

Order Confirmation

After ordering a Mala and/or Bracelet Workshop online, you will immediately receive an order confirmation by e-mail. Your order confirmation entitles you to participate in the workshop.

Right of revocation or withdrawal

A cancellation or rebooking must be made in writing.

Please note that we will not be able to refund the full amount paid in cash or by bank transfer in the event of cancellation. It is possible to use a substitute for your place. In this case, you will be responsible for reimbursing your costs. We kindly ask you to inform us by email (at least 24 hours before the workshop starts).

If you cancel in writing (by email/post) up to 3 weeks before the workshop starts, we will refund the registration fee minus 10.00 EUR processing fee. From 3 weeks to 5 days before the beginning of the workshop we will refund 50 percent of the complete workshop fee. Within the last five days before the beginning of the workshop a refund of the workshop fee is excluded without exception. A rebooking only exists if the new participation date is determined at the same time as the rebooking request, otherwise it is a cancellation.

If the workshop does not take place from our side, we will refund 100 percent of the already paid workshop fees.

Exchange or return of goods

With the participation in the Mala or Bracelet Workshop the service is considered completed. There is no right to exchange the goods (i.e. the jewellery created).

9 Liability

We shall be liable in cases of intent and gross negligence in accordance with the statutory provisions.

Insofar as material contractual obligations are concerned, our liability in the event of slight negligence shall be limited to the foreseeable damage typical of the contract, unless liability is assumed for injury to life, limb or health. Essential contractual obligations are essential obligations which result from the nature of the contract and the breach of which would endanger the achievement of the purpose of the contract as well as obligations which the contract imposes on us in accordance with its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper execution of the contract possible in the first place and the observance of which you may regularly rely on. In the event of a breach of insignificant contractual obligations, liability is excluded in the event of slightly negligent breaches of duty.

We shall be liable to the same extent for the fault of vicarious agents and representatives.

Liability for defects within the scope of the statutory warranty shall be governed by the corresponding provision in § 7 of these General Terms and Conditions.

Data communication via the internet cannot be guaranteed to be error-free and/or available at all times according to the current state of technology. We are therefore not liable for the constant or uninterrupted availability of the website and the services offered there.

10 Contract language, contract text storage

The contract language is German.

The complete contract text is not stored by us. Before sending the order via the online shop, the contract data can be printed out or electronically saved using the browser’s print function. After receipt of the order by us, the order data, the legally prescribed information for distance selling contracts and the General Terms and Conditions will be sent to you again by e-mail.

11 Product Information

We would like to point out that the healing possibilities of gemstones, minerals or crystals are not scientifically proven or medically recognised. They do not replace medical advice or medical treatment. No guarantee can be given for the mentioned properties and effects of the gemstones.

12 Applicable Law, Place of Performance & Jurisdiction

The law of the Federal Republic of Germany shall apply. The validity of the UN Convention on contracts for the international sale of goods is excluded. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.

The place of performance for all services arising from business relations with us and the place of jurisdiction shall be Berlin, provided you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same shall apply if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is unknown at the time the action is filed. The right to also appeal to the court at another legal place of jurisdiction remains unaffected by this.

Latest version as of: 14. May 2019