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Terms of use

Last Revised: 1st July 2019

1. GENERAL PROVISIONS

1.1. These Terms of the Website Use (“Terms of Use”) govern the access to and use of the website www.william-wallace.com (the “website”, “platform”) of William Wallace OÜ (“The Company”, “we, “us” etc.). They determine the relationship between the website users (the “customers”, “you”), us and affiliates in order to establish the legal basis for the use of our platform. We understand that legal documents can be difficult to read, so we tried to provide the necessary information simply and clearly.

1.2. These Terms of Use, as well as the Privacy Policy, constitute a part of the User Agreement. At the same time, the Terms of Use is a separate document and shall be applied for the website use and/or browsing. The User Agreement in its entirety shall be applicable only when the Customer places an order and purchases any product according to the Conditions thereby. Any other documents, including instructions and/or information in the blog, are just instructions and shall not be deemed legally binding.

1.3. By using the website, you confirm that you have read these Terms of Use and accepted the conditions hereby.

1.4. If you have any questions, you can always contact us by filling out the form on the website or by emailing us at support@william-wallace.com

2. OUR ROLE

2.1. William Wallace OÜ, company №14714660, address: Harju maakond, Tallinn, Kesklinna linnaosa, Narva mnt 13, 10151, Estonia, is the owner of the platform, which is available at the www.william-wallace.com, as well as the mobile application (“website”, “platform”, “service”). Our platform provides the service to order the displayed products with stated specifications from various manufacturers and have them delivered to the address stated by you.

2.2. The Company purchases the products from our trusted manufactures. We always carry out the extensive check-up of our partners, so that we can ensure the quality of the products depicted on the website. As a rule, relations between us and the manufacturers are stipulated by other agreements, which establish the grounds for our cooperation. When you confirm the order, you will enter into the User Agreement with The Company in electronic form.

3. PRODUCT

3.1. The Products are presented on the Site with a description enabling the Buyer to know their essential characteristics and their price.

3.2. The products are offered on an “As Is”, “with all faults” and “As Available” basis. It means that only the presented products with depicted characteristics can be available within the limits of available stocks.

3.3. As we need to constantly purchase the products from our manufacturers, we cannot ensure the availability of all the stated products at all times. For the order being possible to fulfil, we are furtherly confirming the availability of the ordered products with our partners after the order was placed. Only after the partner confirms the availability of the selected items, we can confirm the order.

3.4. The exact characteristics of each product may vary and will depend on the product. Thus, we urge you to check the specific characteristics in the product description before placing an order.

3.5. The pictures depicting the product are representative and may have visual differences from the actual product. Thus, we urge you to refer to the characteristic to get an exact information about the product, and give them priority over the pictures. Also, check the characteristics additionally in the order summary before confirming the product. In case of doubt or if you wish to request additional information, contact the Customer service at support@william-wallace.com

3.6. Product description may change at any time, or it can be removed completely. Such changes and/or removal shall not influence the placed and/or confirmed orders and shall not be used as a ground for cancelation of the order or replacement the ordered product.

4. ORDER PROCESS

4.1. Firstly, you select the product(s) you wish to purchase. Then, you confirm the choice of the product(s) at the order summary. Here, you also confirm to have read and agreed to the relevant conditions.

4.2. You then will receive an email confirmation of the order. Please, bear in mind that we will additionally confirm the availability of the product with the manufacturer.

4.3. In the event that the product is unavailable after confirmation of order, we will inform you by e-mail. Your order will be automatically cancelled with the following refund of the amount paid.

4.4. Once the availability of the product(s) is confirmed, a respective email is sent to the Customer. Afterwards, the products will be delivered by a service provider to the address stated in the order.

5. PRICE & PAYMENT

5.1. The price breakdown is indicated on the product page and the order summary page. The price includes the commission of The Company, and may include taxes, fees or other costs applicable to the specific product.

5.2. The Customer may be responsible for payment of taxes incl. VAT during the acceptance of the delivery. In this regard you should consult with the local product delivery office and/or tax administration.

5.3. Shipping charges are not included and paid extra. Please, note that the shipping prices may be different depending on the country of delivery.

5.4. Basic shipping method is free of charge. Should you choose other means of shipping, the additional charge will apply according to the chosen method.

5.5. Customs and tax charges may be applicable depending on the final destination of the order, the time of when the import is made and/or the category, classification of the product. Therefore, the deposit fee will be applied to your order for the payment of such charges by a carrier and/or other agent. Such deposit is only a preliminary estimation of the charges to be paid, and thus is not final. In this regard, you will not be charged more, if the actual charges are higher than the deposit. In case the charges will be lower, the difference in the amount will be reimbursed using the payment method you provided. You will be additionally informed by the email regarding the amount of the reimbursement and the approximate time of such reimbursement.

5.6. The payment for the order is done in full after the order was confirmed. The payment is made under the terms and conditions indicated on the payment page of the chosen provider.

5.7. The payment is carried out exclusively via an online payment on a secure billing acquiring page. Please note that the technical solutions of such a payment system are provided by the respective payment system operator, which establishes its rules of use and ensures its functionality and protection of the data provided by you. Therefore, we recommend you to be careful and follow the instructions on the page of such a payment system.

5.8. The payment is made to The Company’s account and is deemed to have been recevied at the time the funds are transferred to such an account.

6. DELIVERY AND ACCEPTANCE

6.1. Delivery is done by the delivery provider to the address specified by you. After the confirmation of the order, you will receive an email with the estimated delivery time. You will be updated regarding the delivery status of the product.

6.2. In due course, the estimated delivery time may change. Any such change will be communicated to you in due time.

6.3. After the product is delivered, you must accept if unless it legible for replacement or a refund.

6.4. If the order is delivered more than 30 days after the estimated time, you may choose not to accept the order and terminate the Contract. In such case, you will be reimbursed the amount paid for the product.

6.5. When the Customer orders several products at the same time and they have different delivery times, the delivery time is estimated on the basis of the longest delivery time of one of products. The Company may split shipments with the confirmation of the Customer.

6.6. We invite you to track the order and to contact Customer service in case any issues arise. The Company provides a contact details indicated in the e-mail order and shipping confirmation.

6.7. The delivery is restricted to the countries within the worldwide. The list of countries you can choose in the menu delivery of goods.

7. REPLACEMENT AND REFUND

7.1. The product can be repaired or replaced if it contains any visible external damages or other clearly present defects, which prevent the product from being used as per its original functional purpose. If such damages and/or defects were found, please, notify the delivery service provider at once. If such notification has not been made, the product is deemed to be delivered and received in good condition, without defects or damage, and accepted as is.

7.2. If you have accepted the product, yet discovered non-apparent damages and/or defects which prevent the product from being used as per its original functional purpose, please, notify us at once.

7.3. In these circumstances, the product can be repaired or replaced with the product of a similar quality, or you can receive a price reduction or a full refund.

8. CANCELLATION

8.1. You have the right to cancel the order during 30 days after it was accepted. Please, pay attention that the product shall be unused.

8.2. In case of such cancellation, the delivery costs are payable by the Seller.

8.3. The refund will be granted during 14 days after such cancellation. The refund includes the shipping charges.

9. OBLIGATIONS

9.1. By using the website, you undertake to:
9.1.1. provide the necessary information for the delivery;
9.1.2. not to use a platform for professional, commercial or other purposes related to profit;
9.1.3. not to provide false, deceptive, malicious and/or fraudulent information;
9.1.4. not to violate intellectual property rights.

9.2. On the other hand, we undertake to:
9.2.1. correctly and promptly execute your order;
9.2.2. inform you in due time of any possible changes to the delivery;
9.2.3. provide you with full and accurate information about the product as far as it depends from us.

10. GUARANTEE

10.1. Subject to the acceptance, a product benefits from a guarantee of 2 years as from the date of acceptance of the product.

11. BLOCKING AND LIMITATION OF ACCESS

11.1. You may terminate your relationship with the platform by simply stopping using our services.

11.2. In the event of (i) your violation of these Terms of Use, or (ii) if necessary to protect our legitimate interests, as well as the legitimate interests of other users or third parties, or (iii) to prevent fraud, we may:
11.2.1. restrict your access to the website; and / or
11.2.2. temporarily or permanently block you from using the website.

11.3. We may notify you of the use of such measures and ask you for an explanation.

11.4. We also reserve the right to cancel the action taken at any time.

12. PERSONAL DATA

12.1. When using the website, we will process your personal data. Such processing will take place in accordance with the Privacy Policy.

13. INTELLECTUAL PROPERTY RIGHTS

13.1. All rights to the website and platform belong to The Company. All rights reserved.

13.2. The Company holds full intellectual property rights over the texts, comments, creative works, illustrations, images as well as the trade names, trademarks, logos and distinctive signs reproduced or represented on the website. Any reproduction, or partial or total representation of the website, or all or part of the elements mentioned above on the website is strictly prohibited.

13.3. The Company may also use intellectual property rights that may be owned by others on the platform, on the basis of a relevant license, agreement or other legitimate reason.

13.4. Certain products may be subject to restrictions of the intellectual property rights of other owners, specific rights of use, regulating copies, public broadcasts, rentals. The Customer shall respect terms applicable to the use of these products. The Company shall not be held liable for the use that could be made of the products in this context by the Customer.

13.5. The use of information, data or images that violate the intellectual property rights of The Company or third parties is prohibited. In particular, but not exclusively, reproduction, copying or distribution of any materials or elements of the platform without prior permission is prohibited.

14. ACCESIBILITY

14.1. The Company will try, as far as possible, to support the accessibility of the platform and ensure uninterrupted access to it. However, such access may be suspended temporarily without notice in connection with maintenance, upgrades or crashes, or other restrictions related to the operation of the network or servers.

14.2. The Company reserves the right to modify or discontinue, in whole or in part, access to the website or its functionality at its discretion, temporarily or permanently.

14.3. We cannot guarantee that the work of the website will be uninterrupted, error-free and devoid of any shortcomings. In case you notice a crash on the website, we will be very grateful if you notify us.

15. WARRANTIES

15.1. You acknowledge that you use the website and the information on it “as is”, that is, in the state and extent to which they are available at the time of use.

15.2. Information published on the website is provided by our partners. Therefore, such information is only as accurate as our partners have provided. Should you wish to request additional information, please, contact the Customer service at support@william-wallace.com

15.3. The Company does not assume liability for any further use of the product, or for any loss, damage, cost, or expense that you or others may suffer or incur as a result of or in connection with the use of the product.

15.4. The Company is not liable in the event of force majeure that may impede the provision of services, website functionality, delivery time etc

15.5. The Company is not responsible for (i) the failures of the payment system through which the payment is made; or (iii) the late refund if applicable that has occurred due to the fault of the payment system and/or the bank.

16. SETTLEMENT OF DISPUTES

16.1. All disputes that may arise in connection with these Terms of Use will be resolved by negotiation. In case the negotiations fail to resolve a specific dispute, it may be referred to the competent court of the Estonian Republic.

17. GOVERNING LAW

17.1. These Terms of Use are governed by the law of the Estonian Republic.

18. CHANGES

18.1. The Company reserves the right to make changes to these Terms of Use at any time without notice by posting a new version of the Terms of Use on the website. The new version of the Terms becomes effective from the moment it is posted on the website, unless otherwise provided by the new edition of the Terms.

19. CONTACT US

19.1. Should you find the information provided here insufficient, please, contact us at support@william-wallace.com

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