BY USING THIS INTERNET SITE YOU ACCEPT UNCONDITIONALLY THE FOLLOWING TERMS AND CONDITIONS. PLEASE READ THEM CAREFULLY BEFORE CONTINUING. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU ARE FREE TO LEAVE.
* Products, Content and Specifications.
All products of WU CREATIONS are LIMITED EDITION, which you can notice at the detailed preview and read at the description for every item. Certain weights, measurements and similar descriptions are approximate and provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. It is your responsibility to ascertain and obey all applicable local and international laws in regard to the possession, use and sale of any item purchased from this Web Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. WU CREATIONS reserves the right to make minor changes and improvements in the models, necessitated by their development and the entry into production, while retaining their vision and form.
* Shipping Limitations.
When an order is placed, it will be shipped to an address designated by the purchaser in the registration form of this website. All purchases are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
* Accuracy of Information.
We attempt to ensure that information on this website is complete, accurate and current. Despite our efforts, the information on this website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on this website. In addition, we may make changes in information about prices and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
* Use of this website.
The website design and all text, graphics, information, content, and other material displayed on, or that can be downloaded from this website are either the property of, or used with permission by, WU CREATIONS Ltd. and are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with the prior written permission of the owner of such material. You may not modify the information or materials located on this website in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose. Any unauthorized use of such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password.
Certain trademarks, trade names, service marks and logos used or displayed on this website are registered and unregistered trademarks, trade names and service marks of us and our affiliates. Other trademarks, trade names and service marks used or displayed on this website are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this website grants or should be construed as granting, by implication, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this website without our written permission or the written permission of such third party owner.
* Linking to this website.
Creating or maintaining any link from another website to any page on this website without our prior written permission is prohibited. Running or displaying this website or any material displayed here in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to this website must comply will all applicable laws, rule and regulations.
* Third Party Links.
From time to time, this website may contain links to websites that are not owned, operated or controlled by us or our affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this website. Neither we nor any of our affiliates are responsible for any content, materials or other information located on or accessible from any other website. Neither we nor any of our affiliates endorse, guarantee, or make any representations or warranties regarding any other website, or any content, materials or other information located or accessible from such websites, or the results that you may obtain from using such websites. If you decide to access any other website linked to or from this website, you do so entirely at your own risk.
* Revisions to these Terms and Conditions.
We may revise these Terms and Conditions at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages at this Web Site.
* Choice of Law; Jurisdiction.
These Terms and Conditions supersede any other agreement between you and us to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions will be governed by and construed in accordance with the international laws, without giving effect to any principles of conflicts of laws. A printed version of these Terms and Conditions shall be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
You or we may suspend or terminate your account or your use of this website at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this website at any time without notice.
* Additional Assistance.
If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to send us an email at email@example.com
GENERAL TERMS AND CONDITIONS
The present General Terms and Conditions (hereinafter referred to as the Terms and Conditions) govern the relations between WU CREATIONS and their customers with respect to distance contracts for the purchase and sale of products, effected on wucreationsnyc.com
Upon registration on wucreationsnyc.comyou accept the present terms and conditions stated below and undertake to submit to them.
The Terms and Conditions are applicable to all relations arising between WU CREATIONS and the customers who have registered on wucreationsnyc.com, regardless of whether the latter have undertaken orders to purchase products from the online store. These Terms and Conditions apply also to relations arising between WU CREATIONS and visitors of wucreationsnyc.com, regardless whether the latter have a registered account or not.
WU CREATIONS - "WU CREATIONS" Ltd. is a company duly registered under United States legislation, with registered office in 147 India Street, Brooklyn 11222 New York.
and bank account ——————————————————
IBAN: —————————, BIC/SWIFT: ————————————-
Website - a website of WU CREATIONS at: wucreationsnyc.com and the pages, as well as all of their Content is owned and administered by WU CREATIONS.
Content - All information made available on the Website and accessible by means of Internet connectivity; the content of all e-mails sent by WU CREATIONS to their customers; any other information sent, conveyed or otherwise made available to the client, including the information sent by or received by WU CREATIONS, regardless of the manner and means of communication; information relating to products, services and / or prices as well as promotions offered by WU CREATIONS; information concerning WU CREATIONS or any other information of WU CREATIONS.
Service - client’s opportunity to electronically access the Content and order products from WU CREATIONS product catalog, thereby including the registration of a client’s profile and, in particular the Purchase through the online store, located on the websitewucreationsnyc.com
Purchase - the exchange of WU CREATIONS products for an agreed upon value in money paid by the Client. while using wucreationsnyc.com
Online store - the web-based, distance sales scheme run by WU CREATIONS by means of distance communication, located at: wucreationsnyc.com
Client - any natural person having access to the content, the services or the Website in any way, including by creating a profile; as well as any individual who purchases products from the catalog of WU CREATIONS through the Online store.
Profile - an element of the Website consisting of a username and password that allows a Client to reach the restricted parts of the Website through which the Services are available and information is exchanged between WU CREATIONS and the Client. The Profile is created for a personal use only and not for resale on commercial scale under the present Terms and Conditions, unless otherwise agreed to between the Client and WU CREATIONS.
Distance contract (or Contract of distance) - any contract concerning goods concluded between WU CREATIONS and the Client by means of the Online store. For the avoidance of any doubt, each separate order for purchase of products from the Online store is considered a separate distance contract.
Brochures / notices / commercial messages - information messages, mainly electronic, on products and services offered by the Online store, including promotions, without being binding upon WU CREATIONS or the Client on the account of the information provided therein.
2.1. These Terms and Conditions set out the rules under which the Client may use the Website, the Content and/or the Services, including the rules for purchase of products from the catalog of WU CREATIONS through the conclusion of a Distance contract between WU CREATIONS and the Client.
2.2. Using, including but not limited to accessing or visiting and viewing the Content and / or the Services may be carried out freely by the Client, regardless of whether they have created a Profile on the Website. Concluding a Distance contract involves Client's acceptance of these Terms and Conditions, expressed by pressing the button "I have read and agree to the Terms and Conditions of WU CREATIONS" when registering a Profile on the Website.
2.4. If the Client does not agree or does not accept or revokes its consent to these Terms and Conditions:
2.4.1. It shall be deemed that they refrain from accessing the Services, as well as receiving Brochures, Notices and / or Commercial messages, and any other communication by WU CREATIONS (electronic, phone, etc.) including waive their right to make purchases from the Online store.
2.4.2. The Client's Profile on the Website shall be deactivated by WU CREATIONS. Thereafter, the Client may sign up on the Website, provided that they accept these Terms and Conditions pursuant to item 2.2.
2.4.3. After receiving a Client’s statement of disagreement with these Terms and Conditions WU CREATIONS will delete their Profile on the Website and shall have no further liability whatsoever towards such a Client, thereby including damages irrespective of their cause of occurrence.
2.4.4. The Client may at any time withdraw their statement of disagreement with these Terms and Conditions having effect as of the date of such statement, as this right can be exercised not earlier than the time of said statement's receipt by WU CREATIONS.
2.4.5. In order to exercise the right under this item. 2.4. the Client may address WU CREATIONS by sending an e-mail or use the Internet contacts available on the Website.
2.5. The Client's withdrawal from their agreement with these Terms and Conditions shall not affect any agreements between the parties accrued prior to that.
2.6. WU CREATIONS will perform the Purchase, if the Client has paid all amounts due to WU CREATIONS and notwithstanding any withdrawal of consent with these Terms and Conditions, occurred upon Purchase, but before its performance.
2.7. The Client may at any time acknowledge, accept and agree to these Terms and Conditions applicable at the date of the statement of consent at the registration of a Profile on the Online store, as the consent to the Terms and Conditions is a prerequisite for effecting Purchases.
2.8. The Website and the Content published on it are available to any natural person meeting the definition for a Client, without having to register a Profile. Only Clients aged 18 or above may effect Purchases via the Online store and this is without prejudice to their nationality, domicile or residence. By registering a Profile on the Website the Clients declare that they are at least 18 years old, and this shall be assumed by WU CREATIONS until proven otherwise.
2.9. WU CREATIONS and the Clients agree and acknowledge that they will recognize the value of electronic signatures within the meaning of Art. 13 para. 1 and par. 2 of the Electronic Document and Electronic Signature Act (EDESA) as if they were handwritten in their mutual relations and this shall also apply, in particular, to any information in electronic form, added to or logically associated with any electronic statement aimed at establishing such statement’s authorship, including the use of a specific Profile, will be deemed as valid as a handwritten signature in the relations between the parties.
3.1. All content, including, but not limited to static images, dynamic images, text and / or multimedia content, design, software, databases, information and any other content posted on the Website is sole property of WU CREATIONS.
3.2. The Client must not copy, transfer rights to, modify, reproduce or make any other changes, or publish and distribute in any way, any Content from the Website without the express written consent of WU CREATIONS.
3.3. Apart from the foregoing item 3.2. the Client is entitled to link to the Content on the social networks Facebook, Google+, Twitter, Instagram, Tumblr, Pinterest, etc., using the button "share", placed at the description of each product in the Online store.
4.1. The Client, when registering their Profile on the Website, provides WU CREATIONS with their complete and accurate identity as well as the means how WU CREATIONS can contact them.
4.2. By making the contact form available on the Website WU CREATIONS allows Clients to reach to WU CREATIONS by sending messages, questions and inquiries related to the Services.
4.3. By accepting these Terms and Conditions the Client expressly allows WU CREATIONS to use, including, but not limited to, mail, fax, email and telephone in relation to the Content, the Services, Purchases and Distance contracts. The Client also agrees to receive notifications, messages and information from WU CREATIONS in their Profile on the Website or by e-mail.
5. BROCHURES, INFORMATION AND COMMUNICATIONS
5.1. By accepting these Terms and Conditions, the Client agrees to receive Brochures, Notices and/ or Commercial messages sent by WU CREATIONS which may be associated with the products offered by WU CREATIONS in the Online store, unless when signing up they have selected the option "No", relating to obtaining Brochures, Notices and / or Commercial messages.
5.2. The Client may at any time opt out from the receipt of Brochures, Notices and / or Commercial messages by:
5.2.1. pressing on a specifically designated Internet link contained in any Brochure and / or Notice;
5.2.2. notifying WU CREATIONS by e-mail.
5.3. Opting out from receipt of Brochures, Notices and / or Commercial messages is not and shall not be deemed a Client’s statement of disagreement with these Terms and Conditions.
5.4. in Brochures, Notices and / or Commercial messages addressed to the Client WU CREATIONS is entitled to include other advertising information pertaining to third parties and their supply of products and / or services. By accepting these Terms and Conditions the Client agrees to receive such Brochures, Notices and / or Commercial messages.
5.5. By accepting these Terms and Conditions the Client agrees to receive information and messages from WU CREATIONS for the purposes of direct marketing and advertising of products provided by WU CREATIONS or third parties with which WU CREATIONS is in contractual relations.
6.1. By accepting these Terms and Conditions the Clients explicitly consent to WU CREATIONS’s processing of their personal data, if any. In strict compliance with the Law on Personal Data Protection, WU CREATIONS shall have the right to process (collect, use, disclose etc.) Clients’ personal data only for the following purposes:
- confirmation, delivery and invoicing of an order;
- verification, validation and processing of payments;
- refusing to perform orders or dealing with other problems of any kind, relating to the Distance contract;
- provision of services, including performance of Distance contracts and all obligations arising out of them;
- sending Brochures, Notices and Commercial communications for marketing purposes;
- communication with Clients regarding the customer care;
- statistics and marketing research.
6.2. Clients agree and acknowledge that WU CREATIONS shall have the right to collect other data (such as IP address, time of visit, a place which is accessible from the website, name and version of the web browser, operating system, including other parameters) provided by Clients’ Web browsers used to access the Website, to improve the Services provided to the Clients or for statistical purposes.
6.4. WU CREATIONS shall have the right to use the data collected only in accordance with above purposes and not to sell, lend, license, transfer, etc. its database containing personal and specific Client information to third parties who are not tied to achieving the above purposes. For the avoidance of any doubt, the Clients agree that WU CREATIONS may disclose and make the personal data of Clients available to third parties in American or abroad, employees of WU CREATIONS, affiliates of WU CREATIONS, suppliers and distributors of WU CREATIONS, to the extent this is necessary for the implementation of the purposes mentioned above, including to enable those third parties to perform their services such as technical support, delivery, processing of orders, payments and invoices, client service, statistics, etc, for the achievement of the above purposes.
6.5. WU CREATIONS may process and provide to third parties personal data for purposes other than those specified in these Terms and Conditions where this is required by state or municipal authorities, as well as in the cases provided for by mandatory law in effect at the time of the legal ground for processing and provision.
7. PURCHASE THROUGH THE ONLINE SHOP
7.1. Access to the Online store for making Purchases:
7.1.1. Every Client who has created a Profile on the Website and has agreed to these Terms and Conditions may access the Online store for making Purchases.
7.1.2. WU CREATIONS can restrict access to the Online store for making Purchases for Clients in view of their previous behavior without prior warning or notice.
7.1.3. Each Client can only have one Profile on the Website for making Purchases. WU CREATIONS shall not allow the Clients to share their Profiles across multiple clients. The Client and WU CREATIONS agree that the responsibility for any damage from such sharing rests upon the Client.
7.1.4. Where WU CREATIONS discovers anything described in paragraph. 7.1.3. of these Terms and Conditions, WU CREATIONS reserves the right to suspend or restrict the Client’s access to the Online store without sending a warning.
7.2.1. WU CREATIONS can publish on the Website information on products from its catalog, including promotional campaigns for specific products.
7.2.2. Products purchased through the Online store are intended solely for personal use by the Client. Products from the Online store can be purchased by the Client for resale or professional purposes only after prior notification to WU CREATIONS, designating the specific purpose of such Purchase.
7.2.3. When presenting and offering for sale products from their catalog in the Online store, WU CREATIONS reserves the right to accompany such products by other products (accessories etc.) that are not offered for sale and are not included in the price of the products, as well as are not subject to the Distance contract.
7.3. Price terms
7.3.1. WU CREATIONS is entitled to change the prices of the products offered in the Online store, without any prior notice to the Client. Notwithstanding of the foregoing, WU CREATIONS reserves the right to electronically notify the Client about changes in the prices of products in the Online store.
7.3.2. The valid prices of the products in the Online store, including those for products ordered to purchase by the Client, are those displayed at the time of completion of the Purchase process.
7.3.3. Price discounts offered in the Online store are those displayed at the time of purchase while the stocks last and / or during the period of discount (promotional period).
7.3.4. The price of products offered and purchased in the Online store cannot be changed after completing the purchase.
7.3.5. All prices related to products offered in the Online store are in Euro (EUR) and include value added tax (VAT) in the amount of 20%. The prices of products can be approximately determined in other currencies - GBP, USD, JPY only for the convenience of the Client. All prices are exclusive of shipping costs and/ or additional costs associated with the mode of delivery selected by the Client other than the cheapest mode offered by WU CREATIONS, as in all cases at the conclusion of a Distance contract WU CREATIONS shall indicate on the Website the exact amount of the additional costs that the Client will be required to pay and the total contract value, including the price of the ordered products, including all fees, price of delivery and / or the additional costs associated with the mode of delivery selected by the Client other than the cheapest offered by WU CREATIONS, if any. For the avoidance of any doubt, at the conclusion of a Distance contract the Client provides their express consent to pay the total cost of the purchase made, including shipping costs and additional costs associated with the mode of delivery selected by the Client other than the cheapest offered by WU CREATIONS.
7.3.6. The shipping price doesn't include the customs duties and taxes if there are any. Recipients of shipments outside the EU are responsible for any customs fees, duties, taxes and other levies.
7.3.7. The Client shall have a right of withdraw from a Purchase pursuant to item 7.7 of these Terms and Conditions.
7.4.1. The Client may request a Purchase of products offered in the Online store at any time only using their registered Profile.
184.108.40.206. The Client may request a Purchase of each product offered for sale in the Online store.
220.127.116.11. The Client can make a Purchase of products, which at the time of the Purchase are not available for sale, but for which product there is a designated time limit within which the same will be available (pre-order of products). When making a pre-order of products the Client must press the button "I understand that this product is on pre-order”.
18.104.22.168.1. In the event that there is a delay for pre-ordered products under the item 22.214.171.124. due to the nature and specifics of the production process, WU CREATIONS undertakes to update the information for the respective products in the Online store, estimating a new period in which the products will be available, and shall notify the Clients who have made Purchases of such products, and WU CREATIONS shall undertake all necessary actions for the delivery of the ordered products in the shortest possible time. In this case of delay the Client has the right to withdraw the pre-order and to claim back the price paid.
126.96.36.199.2. In case the Client has pre-ordered two or more products, for which different terms are designated, WU CREATIONS shall perform the Purchase, after all ordered products become available. In the event that, there is a delay of one or more of those periods, WU CREATIONS is obliged to immediately notify the Client for the delay and for the new term when the products will be available. In this case the Client is entitled: 1. to request execution of the Purchase of products which are already available, and to waive the Purchase of the other as well as to ask for refund of the price paid for those not yet available; 2. declare that he or she wishes to receive all ordered products in one delivery once the not yet available products become available.
7.4.2. By completing the Purchase in the Online store the Client agrees and declares that all the information provided by him and related to the registration of his or her Profile and to the purchases made is true, accurate and complete at the time of Purchase.
7.4.3. By completing the Purchase, the Client agrees that WU CREATIONS can reach them electronically - by sending an e-mail message to the Client in connection with the following situations:
188.8.131.52. confirmation of the availability and quantity of the products purchased by the Client through the Online store.
184.108.40.206. confirmation of the value of Purchases made, including the costs of its implementation, which are borne either by the Client or WU CREATIONS and the conditions under which products can be returned.
220.127.116.11. coordinating the mode of delivery of products subject to the Purchases made by the Client.
7.4.4. Until the commencement of delivery of the ordered products WU CREATIONS may, with prior written notice, unilaterally elect not to fulfill Client’s order, in the following cases:
18.104.22.168. the information provided by the Client is incomplete and / or inaccurate;
22.214.171.124. the actions of the Client’s on the Website may cause harm to WU CREATIONS;
126.96.36.199. if two consecutive Purchases were not successfully completed / fulfilled due to reasons attributable to the Client.
7.4.5. The Client may withdraw from Purchases made, if WU CREATIONS contacts the Client in connection with any of the cases under item. 7.4.4.
7.4.6. In the Online store WU CREATIONS shall provide information on existing restrictions on delivery of products, if any, and the adoption of WU CREATIONS means of payment. The Client must choose one of the following methods of payment:
188.8.131.52. credit card payment - payment is made upon completion of the purchase by the Client as WU CREATIONS notifies the Client by sending an email to the Client for the payment already received, and then WU CREATIONS shall proceed to the execution on the Purchase.
184.108.40.206. payment through PayPal, in which the payment is credited to WU CREATIONS’s account immediately or not later than 24 hours from the payment, unless the payment through Paypal is made by the PayPal option “eCheck payments” where the price paid enters the account of WU CREATIONS within 10 days of its payment. In any case, WU CREATIONS shall notify the Client by notice to his or her email address listed in his or her Paypal account for the payment received, and then WU CREATIONS shall proceed to execute the Purchase.
220.127.116.11. payment by bank transfer, in which: 1. The bank charges for the transfer are borne by the Client; 2. The Client states the purchase number as the reason of payment; 3. The Client is obliged, within three days of completion of the order to send to WU CREATIONS a copy of the payment order for the payment effected. In the event that whatever of the conditions mentioned in the previous sentence is not fulfilled, WU CREATIONS shall have no obligation to execute the purchase and shall not be liable to the Client for any consequences arising out therefrom.
7.4.7. The Client agrees and undertakes to pay in advance the Purchase price using the mode of payment chosen by him or her and according to the terms between the Client and the provider of the corresponding payment service(s).
7.4.8. In case WU CREATIONS has not received the payment in accordance with Client’s mode of payment, WU CREATIONS shall assume that the Client has waived the Purchases made, and the Distance contract shall be deemed terminated.
7.4.9. When WU CREATIONS cannot fulfill a Purchase because the products ordered are not in stock, WU CREATIONS shall notify the Clients thereof and refund the payments, if any, pursuant to Art. 7.7.14.
7.4.10. In case the Client changes his personal data without having notified WU CREATIONS thereof, all Distance contracts concluded shall be executed according to the data made available to WU CREATIONS prior to such change.
7.4.11. Alongside with the shipment, WU CREATIONS shall send to the Client all necessary documents confirming the subject of the purchase and its financial conditions.
7.4.12. Upon an explicit request, WU CREATIONS undertakes to inform the Client about the condition of the Purchase and the stage of its execution, including through publication of a respective notice in Client’s Profile.
7.5. Delivery and providing electronic access. Obligations of the Client upon delivery.
7.5.1. The Client is entitled to receive the products purchased: by a delivery service, selected by WU CREATIONS on the basis of special conditions or by a delivery service specified by the Client. The Client bears the risk of accidental loss, loss or damage to the subject of the Purchase from WU CREATIONS’s dispatch thereof to the Client or to a third party designated by the Client.
7.5.2. Client accepts and acknowledges that the delivery term may vary from seven (7) to fourteen (14) days from the date of completion of the Purchase, however not later than thirty (30) days from that time, except in cases of a pre-order made under item. 18.104.22.168. WU CREATIONS may indicate expected time for delivery of specific products in the Website or in the Client’s Profile and Client agrees and acknowledges that such indications will have a merely approximate and indicative nature shall not prejudice the delivery term agreed to herein by the Client and WU CREATIONS.
7.5.3. If the products subject to a Purchase cannot be delivered due to a circumstance attributable to WU CREATIONS, WU CREATIONS shall immediately inform the Client accordingly, and refund the price and delivery costs paid by the Client.
7.5.4. In the event that the delivery of the Purchase is not carried out due to a circumstance attributable to the Client, for instance, because the Client was not present at the address indicated at the time of Purchase, or because of an incorrect address or telephone number, or any other reasons, and as a result, the Purchase is returned to WU CREATIONS, WU CREATIONS undertakes to refund the payment to the Client, only upon deducting the expenses incurred for the transport in both directions (sending and returning the products).
7.5.5. After the acceptance of the products subject to Purchase, the Client is obliged to scrutinize whether they comply with the order and fulfill Client’s requirements under the following conditions: when trying the products on, the Client must not use perfume; the Client is obliged to keep the products away from smoke or other odors that may impair the products and to keep the products from contact with pet hairs, spots or stains regardless of their origin. If, upon trying-on, Clients decide to withdraw from the Distance contract and return the products, they may only do so, if they have previously folded and packed the products neatly in the original packaging and stored them in a secure and safe place with respect to external influences that may impair the original appearance and condition of the products.
7.6. Quality and guarantee
7.6.1. The Client may reckon upon the guarantee provided for in the Law on consumer protection that the products subject matter of the Purchase shall conform with the conditions of the Distance contract.
7.6.2. Without prejudice to the guarantee pursuant to the preceding item. 7.6.1. and at WU CREATIONS sole discretion, some of the products in the Online store may be offered alongside a contractual guarantee, the respective information for which will be provided in the corresponding product description in the Online store. The existence of such contractual guarantee does not limit the legal guarantee for conformity of the products purchased by means of the Distance contract within the meaning of the Law on consumer protection. The exact details of such a contractual guarantee are provided in the documents accompanying the products. The period of that contractual guarantee, if any, cannot be amended by the Client, except as permitted by mandatory law or in these Terms and Conditions.
7.6.3. WU CREATIONS assumes no guarantee for the availability of any products in the Online store and, should a product, purchased by a Client, be no longer available, a respective notice will be immediately sent to the Client. In this case the Client has the right to be reimbursed for the price paid for the products as well as for the expense for delivery, however to the extent actually incurred.
7.7. Returning of products
7.7.1. The Client has the right to withdraw from the Distance contract and to return the products purchased through the Online store not later than fourteen (14) calendar days from acceptance of the products subject to Purchase.
The right of withdrawal shall be exercised only in the following cases:
22.214.171.124. the products are delivered or invoiced wrongly
126.96.36.199. the product has manufacturing defects
188.8.131.52. The Client has purchased improper products (unfitting, wrong size etc.)
184.108.40.206. in particular, the Client has the right to withdrawal without giving any reason and without compensation or penalty within fourteen (14) calendar days from acceptance of the products by the Client or by a third party indicated by the Client and other than the delivery service.
7.7.2. Clients are obliged to unambiguously inform WU CREATIONS of their exercise to withdraw by sending an email to: firstname.lastname@example.org, containing the number of the Purchase and the designation of the products returned within the meaning and the terms specified in item 7.7.1.
7.7.3. The Client shall have no right to withdraw from the Distance contract and any withdrawal already exercised shall be null and void and, WU CREATIONS shall have no obligation to reimburse the Client for the price and delivery costs paid by the Client in the following situations:
220.127.116.11. the notice of withdrawal is accompanied by a request for a replacement of the purchased products with products of a different type or products having different characteristics. If the Clients wish products either of a different type or bearing different characteristics, they will have to exercise their right of withdrawal subject to item. 7.7.10 and item 18.104.22.168. and to undertake a new Purchase under these Terms and Conditions.
22.214.171.124. the statement of withdrawal is submitted upon any of the preclusion periods specified in item 7.7.1.
126.96.36.199. the returned products are not in the condition in which they were delivered to the Client (not in the original packaging with all tags attached and all accompanying documents).
188.8.131.52. where the Purchase pertains to sealed products which were unsealed after delivery and cannot be returned owing to reasons of hygiene or health protection (eg. lingerie, swimwear, etc.). In particular, where the products are underwear and swimwear, the Client cannot return them if the protective tape attached thereto is removed. The price paid for such products will not be refunded upon their return from the Client.
184.108.40.206. the products were used as intended, handled with cleaners (hand or machine) or their novelty value appears to otherwise have been negatively influenced. In these cases the products returned by the Clients will be sent back to them on their account, and the price and the cost of their purchase will not be refunded.
7.7.4. A Client who exercises the right of withdrawal of the Purchase is obliged to return back to WU CREATIONS the received products in the state in which they were delivered with their original packaging, labels and tags and, not later than fourteen (14) calendar days from the day the Client has notified WU CREATIONS for the withdrawal. The preclusion period is met if the Client returns the products before the expiration of the 14-day period. The Client is obliged to store the products in an appropriate manner, to take care for their quality, integrity and security until their return. The Client is responsible for the diminished value of the products as a result of their use after their delivery, which use has resulted in a condition of the products other than that on the date of sending them to the Client. In the case of the previous sentence, WU CREATIONS is not obliged to reimburse the Client for the price of the products and the transportation costs.
7.7.5. A Client who has made a Purchase having its place of delivery in a country which is not a member of the European Union and who has exercised their right of withdrawal is required, when returning the products under these Terms and Conditions, to complete and apply a Return form to the products. The Return form is provided in the consignment to which the products are supplied. If necessary, the Return form can be sent to the Client after sending a request to this address: email@example.com. In this case, WU CREATIONS shall organize the return of the products by a delivery service and the Client shall bear the respective cost of return. Item 7.7.5. shall not apply to cases where the purchase is designated to dispatch to a Member State of the European Union.
7.7.6. The Client returns the products to the WU CREATIONS address:
to "WU CREATIONS" LTD.
7.7.7. Upon withdrawal under item 220.127.116.11. WU CREATIONS shall undertake to replace the products subject to the Purchase, and shall undertake the transport expenses for returning of the replaced products and for sending the replacing products to the Client. In the event that the replacement of a product is not available, WU CREATIONS undertakes to reimburse the Client for the price paid as to undertake the shipping costs for return of the products.
7.7.8. Upon withdrawal of the Purchase under item 18.104.22.168. - where the delivered products have defects, the Client is required to thoroughly describe, including by sending photos, all defects in the products. If WU CREATIONS establishes an actual defect in the respective product, WU CREATIONS undertakes to perform replacement of the same product as to undertake all transport costs for returning the replaced product and for delivering the replacing product to the Client. In case the Client wishes no replacement and demands to return the product and to be reimbursed for the price paid, WU CREATIONS shall reimburse the Client for the price paid and undertake the transport costs for returning the products. In the event that the replacement product is not available, WU CREATIONS shall reimburse the Client for the price paid and shall undertake the transport costs for returning the products.
7.7.9. If the Client returns the products on the basis of item 22.214.171.124. and demands their replacement with fitting products, the replacement shall be made under the terms and conditions applicable for Purchases at the Online store, as the costs for returning the replaced products and for sending the replacing products shall be borne by the Client. In case WU CREATIONS have no fitting product in stock for the purposes of the replacement, WU CREATIONS undertakes to reimburse the Client for the price paid, as the transport costs shall be borne by the Client. Items 126.96.36.199 and 188.8.131.52 shall apply accordingly.
7.7.10. In case of withdrawal within the meaning of item 184.108.40.206. WU CREATIONS shall reimburse the Client for all payments made, excluding the delivery costs. The amounts under the previous item 7.7.10. will be reimbursed to the Clients within fourteen (14) days from the date on which WU CREATIONS was notified by the Clients of their decision to withdraw. WU CREATIONS is entitled to halt the reimbursement to the Client until safe receipt of the products. In the cases of item 7.7.5. WU CREATIONS shall reimburse the Client after completion of the procedure for clearance of the products from the American customs, which takes no less than 30 days.
7.7.11. In all cases of reimbursement not specified above, the reimbursement shall be done within fourteen (14) days from the date of WU CREATIONS’s confirmation that the products are safely received. The Client accepts the reimbursement to occur in the way the Client has used to pay for the products. In the cases of item 7.7.5. WU CREATIONS shall reimburse the Client after completion of the procedure for clearance of the products from the American customs, which takes no less than 30 days.
7.7.12. In the event that the products cannot be delivered on time under item 7.5.2., WU CREATIONS undertakes to reimburse the Client for the amounts paid within fourteen (14) days from the date on which WU CREATIONS had to fulfill the Purchase under item 7.5.2., first sentence.
8. DATA MISUSE
8.1. The Client assumes full responsibility for sharing confidential information with third parties.
8.2. WU CREATIONS does not assume any responsibility in case the Client is misled by third parties, pretending to be representatives of WU CREATIONS.
8.3. The Client shall immediately inform WU CREATIONS in the cases designated in item 8.2., using the contact forms available on the Website or by e-mail.
8.4. WU CREATIONS shall not distribute unsolicited commercial messages within the meaning of the Electronic Commerce Act.
8.5. Messages made by WU CREATIONS to the Clients by means of distance communication (e-mail, etc..), shall contain complete and consistent information for the sender and hyperlinks to it at the time of sending the messages.
8.6. The following acts shall be deemed a breach of these Terms and Conditions and, upon the occurrence of either of them, WU CREATIONS shall have the right to take appropriate legal measures against their perpetrators:
8.6.1. access to any type of data and information relating to another Client using a Client’s Profile or another method of breach into the system of the Online store.
8.6.2. change or other modification of the content of the Website or the Content submitted in any way by WU CREATIONS to its Clients.
8.6.3. influencing the server / servers on the Website.
8.6.4. access or sharing with third parties who are not duly authorized to access the Content submitted in any way from WU CREATIONS to its Clients when the party who has received the Content is not its legitimate recipient.
9.1. WU CREATIONS is not responsible for damages, lost profits or other expenses, resulting from a Client’s breach of a Distance contract and/or Client’s breach of these Terms and Conditions.
9.2. WU CREATIONS is not responsible for any errors that may appear on the Website for any reason, including those caused by changes, adjustments, etc., which are not carried out by the administrator of the Website and are beyond the will and control of WU CREATIONS.
9.3. WU CREATIONS is not responsible for the actions of any person using the Content in a way other than that provided for through the Website.
9.4. WU CREATIONS is not responsible for any damages (direct, indirect, incidental or not) occurred as a result of the use or inability to use the information relating to the type of Content accessible on the Website or for any errors, inaccuracies or non-conformities in the Content, which can lead to damage.
9.5. If Clients find that the Content sent to them in any manner by WU CREATIONS, infringes upon their copyright or that of a third party, or upon any other intellectual property right, they shall immediately notify WU CREATIONS.
9.6. WU CREATIONS does not warrant that the Clients will have access to the Website, the Content, their Profiles or the Online store and shall not grant the Clients with a right to download, to modify (in whole or in part) or to reproduce the Content (in whole or in part), to copy or to use the Content in any other way, or to transfer any rights to third parties, relating to Content to which they have or have acquired access under the terms of these Terms and Conditions.
9.7. WU CREATIONS shall not be responsible for the Content, for the quality or nature of other websites accessed through Internet hyperlinks from the Content of the Website, no matter the type of hyperlinks. The Content of these websites is borne fully by their owners.
9.8. By using the Website, the Content or the Services, the Client is personally responsible for all the consequences that may occur from his/her behavior and the interaction with the Website, except when in accordance with these Terms and Conditions or the applicable Law for consumer protection such liability is carried by WU CREATIONS. Furthermore, the Clients are responsible for any damage and moral prejudice caused by their acts or omissions to any element of the Website, the Content or the use of the Services, including the Purchase, when such damage or moral prejudice is caused on objects of intellectual property of WU CREATIONS.
10. DISPUTE RESOLUTION AND APPLICABLE LAW
10.1. In case of a dispute between the Client and WU CREATIONS, arising out of or related to these Terms and Conditions, their implementation, validity or termination, the parties will make all reasonable effort to resolve it amicably, through negotiations and mutual concessions. Failing to reach an agreement within one (1) month of the occurrence of the dispute, the dispute may be referred for settlement to the
competent American court in New York.
10.2. If any provision of these Terms and Conditions is declared by the authority competent to decide disputes, void, invalid or unenforceable, the other provisions of these Terms and Conditions and the rights and obligations of Client and WU CREATIONS, arising therefrom, shall remain in full force and effect. The provisions, either null and unenforceable ab initio, or later canceled owing to their violability, will be considered to have never formed a part of these Terms and Conditions and, will be replaced by mandatory rules of law or practice and custom.
10.3. These Terms and Conditions have been drawn up and will be interpreted in accordance with the American legislation.
11. FINAL PROVISIONS
11.1. WU CREATIONS reserves the right to make changes to the Website, its structure, the Content and the Services without prior notice to the Clients.
11.2. WU CREATIONS has the right at any time in its sole discretion to unilaterally amend these Terms and Conditions. Upon an amendment to the Terms and Conditions, WU CREATIONS shall within 7 days inform the Clients by publishing on the Website a message relating to the amended Terms and Conditions within a reasonable time before or after their effect. WU CREATIONS may, but shall not be obliged to inform the Clients about upcoming amendments to these Terms and Conditions in other ways, for example by sending e-mail messages. If Clients do not agree to amendments to these Terms and Conditions, they may, within one (1) month from the notification under the initial sentence of this item, send a message to the following address: firstname.lastname@example.org, which expresses their disagreement with the amendment. Upon receipt of such notification, WU CREATIONS shall terminate the registration of the disagreeing Client. If the Client does not send a message to WU CREATIONS for disagreement with the changed Terms and Conditions it shall be deemed that the Client has agreed to the changed Terms and Conditions and undertakes to respect them.
These Terms and Conditions were adopted 02.28.2019 and come into force on the same date.