Last Revised: 1st July 2019
1. THE SCOPE
1.1. This User Agreement governs exclusively the purchase of products of selected manufacturers offered on the website www.william-wallace.com (the “website”) of William Wallace OU (the “The Company”, “we, “us” etc.). The Company provides a marketplace for Customers to choose and purchase the depicted products.
1.3. The User Agreement is applicable whenever you (the “Customer”) purchased an offered product subject to the following Conditions.
1.4. Under the User Agreement you authorize the The Company to purchase the ordered product from the stated seller on the website, and to deliver it to the specified address in the order. In order to fulfil the order, The Company may conclude the necessary contracts with third parties.
2. CONCLUSION OF THE CONTRACT
2.1. You confirm to have read and accepted this User Agreement when confirming the order on the website. Such validation approves that you want to conclude the User Agreement under the Conditions hereby.
2.2. After the order have been placed, the order summary will be displayed to you for the final confirmation. The User Agreement will be concluded after such confirmation.
2.3. The Company reserves a right to decline any order placed and/or confirmed on the website. The Company also reserves a right to cancel the confirmed order during 5 days after it was approved. The cancellation of an order does not give any right or claim to the Customer or a third party against The Company, subject to the refund of the paid order. Such cancellation is also subject to a refund under the Conditions hereby.
2.4. The Company offers the products to the individual Customers for the private usage only. Thus, any order (i) suspected to be placed for trade, business or professional purposes, or (ii) intended to further re-sale for trading purposes, or (iii) in large quantities from 5 and more identical items may be declined by The Company.
3.1. 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.
3.2. 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.
3.3. In the event that the product is unavailable after confirmation of order, The Company will inform you by e-mail. Your order will be automatically cancelled with the following refund of the amount paid.
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 before placing an order.
3.5. The pictures depicting the product are representative and may cause the insufficient, and/or disported visual perception of the 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. In case of doubt or if you wish to request additional information, contact the Customer service at firstname.lastname@example.org
3.6. The Company reserves the right to without prior notice (i) change the description, characteristics or any other related information about a product and/or (ii) remove any product completely. Thus, 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. PRICE & PAYMENT
4.1. The total product price is quoted in Euro (EUR). The price includes the commission of The Company, and may include taxes, fees or other charges applicable to the specific product. The complete breakdown of prices will be shown in the order summary before the confirmation.
4.2. The Customer may be responsible for payment of taxes incl. VAT during the acceptance of the delivery. In this regard you should cosult with the local product delivery office and/or tax administration.
4.3. Shipping charges are not included in the product price and thus are payable extra. The exact amount of the shipping price will depend on the country of delivery.
4.4. Please, be aware that if the payment is made in currencies other than Euro, currency conversion fee may be charged by your card provider.
4.5. The Company reserves the right to change the prices at any time. Such changes shall not influence any placed and/or confirmed order.
4.6. The order is due to be paid in full after it was confirmed by the Customer. So as to fulfill the payment, you will be readdressed to the webpage of the chosen payment provider. There, you can able to choose the payment method and provide the payment details. Please, note that the chosen payment provider is solely responsible for conducting the payment transaction. We urge you to be careful when using the payment provider service and follow the instructions set therein.
4.7. If a chargeback occurs, the order will be cancelled by The Company. In such a situation, you can place a new order. Should the problem continue, please, contact our Customer support at email@example.com
4.8. Should the order be cancelled under any Conditions hereby, the refund will be returned where it is applicable.
5.1. To fulfil the delivery, The Company concludes the contract with the storage and/or delivery provider. The exact details and handling of the delivery will be managed by such provider. Thus, The Company cannot be held responsible for any hold-ups, missed delivery dates, customs and other issues that may occur during the delivery.
5.2. At the same time, we will make our best in order to fulfil the order in the estimated delivery time and keep you updated whenever the delivery will be estimated to arrive later.
5.3. The products are to be delivered to the delivery address specified by the Customer during the ordering process and within the estimated time specified on the Customer order confirmation page.
5.4. We are responsible for any risks of damage connected with the delivery until you receive the order.
5.5. Delivery times are indicative and may be subject to change due to unforeseen circumstances. The Customer is obliged to accept the order even if it is delivered after the estimated time if the Customer was properly notified.
5.6. If the order is delivered more than 2 weeks 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.
5.7. 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.
5.8. We invite you to track the order and to contact Customer service in case any issues arise. The Company provides a telephone number indicated in the e-mail order and shipping confirmation.
5.9. Delivery is carried out worldwide except for:
• Christmas Island
• Heard Island
• Iran, Islamic Republic
• McDonald Island
6.1. Upon delivery, the Customer shall inspect to the product for any (i) visible external damages, or (ii) other clearly present defects which prevent the product from being used as per its original functional purpose, and thus accepted. In this case, the Customer shall inform the delivery service provider at the time of the acceptance.
6.2. In the absence of such a notice, the product is deemed to be delivered and received in good condition, without defects or damage, and accepted as is, with the exception of non-apparent defects.
6.3. In case of non-apparent damages and/or defects which prevent the product from being used as per its original functional purpose, the Customer shall notify The Company immediately upon discovery of such.
6.4. In the instance of the circumstances described in this Article, the Customer has the right to:
6.4.1. Have the product repaired, or replace the ordered product with the product of the same quality, features and other details characteristic to such a product if such repair or replacement is possible and if the product is available in stock, or
6.4.2. Receive the price reduction or a full refund for the product without the right to keep the delivered product under the Conditions hereby, in case repair and/or replacement is not possible.
6.5. Other circumstances, such as (i) the featured characteristics of the product that have not been duly changed by the Customer as per the order change procedure, (ii) the availability of other features of the product that were not available when the order was placed and/or confirmed, shall not influence the acceptance of the product. Should such circumstances be in place during the acceptance, the Customer shall accept the product, unless specified otherwise hereby.
7.1. Upon delivery and acceptance, under which the product was duly accepted the Customer enjoys a right to request a replacement of the ordered product during the 14 days after it was accepted.
7.2. To qualify for replacement and/or refund, the product shall be kept in its original state. That is, the seals and/or cover shall be present if any, the product should have no clearly visible signs of usage, etc.
7.3. To qualify for replacement, the product shall be allowed for such under the applicable law.
8.1. The refund is applicable only when is it explicitly stated in this Agreement in the amount of the payment made during the 14 days after it was accepted.
8.2. The refund is not applicable to any services provided by third parties for the fulfilment of this Agreement. These may include shipping, storage cost, bank fees, taxes etc. The price breakdown is indicated in the description of a product and an order summary.
8.3. If you reside in a jurisdiction which requires a longer refund period, we will of course be happy to accommodate such requirements in accordance with the law of your jurisdiction. If we receive such notice within such refund period, The Company will make a refund under the Conditions hereby.
8.4. Please note that the refund amount may be different than the amount you were charged due to currency changes and third-party costs/fees. The Company will not be responsible for any differences caused by change of currency exchange rates or fees you were charged by third parties. After the refund period, the costs/fees paid are non-refundable and non-cancellable.
8.5. In addition, if we find that a notice of cancellation has been given in bad faith or in an illegitimate attempt to avoid payment for products actually received in good condition and/or used, we reserve our right to still charge the Customer who made such notice for any product actually received in good condition and/or used, as permitted by the applicable law.
9.1. The order can be cancelled during 14 days after it was accepted.
9.2. Please, pay attention that the product shall be unused.
9.3. In case of such cancellation, the delivery costs are payable by the Customer.
9.4. The refund will be granted during 30 days after such cancellation. The refund includes the shipping charges.
10. THE OBLIGATIONS
10.1. The Customer undertakes and agrees to:
10.1.1. review the product information, details and specifications necessary before confirming the order;
10.1.2. accept the purchased product(s) in accordance with the terms of this Agreement if the product(s) conforms to the order and specifications;
10.1.3. make a payment for the ordered product(s) after confirming the order following the relevant instructions in due time;
10.1.4. provide The Company with the information necessary for timely and complete execution of the Agreement;
10.1.5. fully comply with all applicable laws and any other contractual terms which govern this Agreement;
10.1.6. be solely responsible for any product ordered and/or purchased and of its further use;
10.1.7. The Company’s sole discretion as to the means, manner, and method for performing the Agreement, including those regarding the purchase, delivery, storage and/or any other activity related to the performance of the Agreement.
10.2. The Company undertakes to:
10.2.1. Confirm the order in due time;
10.2.2. Conclude on its behalf at the expense of the Customer contracts for the purchase of product, delivery and other relevant services necessary for the performance of this Agreement;
10.2.3. Notify the Client, at his request, regarding any information about the progress of the performance of this Agreement;
10.2.4. Submit to the Customer relevant information as stipulated hereby;
10.2.5. Purchase the Product at a price not exceeding the specified in the order and specifications;
10.2.6. Ship the product(s) in due time and to the address specified in the order and specifications;
10.2.7. If necessary, ensure the customs clearance of products exported by the Commissioner on behalf of this contract.
11.1. Subject to the acceptance, a product benefits from a guarantee of 2 years as from the date of acceptance of the product.
11.2. The Company undertakes to assist the repair of any defective Product at its own expense. If The Company is unable to repair the defective Product or if the repair costs, including shipping, of the Product proves to be disproportionate, The Company may, at its sole discretion, replace the defective Product with a product of the same quality, features and other details pertained to such a product in case of the possibility of such replacement and the availability of the product in stock. If the replacement is not possible, The Company undertakes to cover the proved repair cost, or refund the product in the amount of the payment made without the right to keep the delivered product.
11.3. The guarantee does not cover defects resulting from (i) external circumstances (shock, fall, battery leakage, humidity, etc.), (ii) damage by the Customer or a third party, (iii) improper handling, (iv) use not in accordance with the manufacturer’s instructions, (v) software problems (incompatibility, virus, installation error, accidental restoration, etc.), or (vi) unauthorized modification or repair, as well as defects resulting from (vii) normal wear over time of the Product. In order to avoid any deterioration, the Customer must pay particular attention to the protection and packaging of a product, protecting it with an appropriate packaging and transporting it according to the manufacturer’s instructions and common sense.
11.4. In case of the circumstances covered by the guarantee, the Customer shall contact The Company immediately after their occurrence. Afterwards, the Customer shall be instructed with actions to be taken in order to redeem the guarantee.
11.5. Any defective product can be returned to The Company. In case of sending the defective Product, The Company will bear all the costs of shipping and forwarding.
11.6. The Company shall not be liable to the Customer or third parties for any damages, including indirect or consequential damages, including loss of profit, loss of economy, production, contract, goodwill or opportunity arising from a defect in a product. This guarantee excludes all other legal rights of the Customer in connection with the warranty for defects of a product, including the rights to invoke an essential error or the warranty for defects.
11.7. The partial or total inability to use the products, particularly due to incompatibility of equipment, cannot allow for any compensation from The Company.
12. WARRANTIES AND RESPRESENTATION
12.1. The Customer represents and warrants that:
12.1.1. You are of the legal age and/or possess the legal authority, right and freedom to conclude this Agreement in your respective jurisdiction and/or the applicable law for yourself or on behalf of a person committed by you;
12.1.2. You are not a resident of (or will specify the delivery to) any country stated in §5.9;
12.1.3. Your country of residence is the same as the country you specified in the order during its placement.
12.2. The Company represents and warrants that:
12.2.1. We provide the possibility to purchase the products on an “As Is” and “As Available” basis, without any warranties of merchantability, fitness for a particular purpose, or another warranty – as may be permitted by law. We specifically do not represent or warrant that the product is compatible with any of your contemplated activities, or comply with any laws applicable specifically to you. Moreover, we do not endorse any third-party entity, product or service mentioned on or made available via the website;
12.2.2. Notwithstanding anything to the contrary in the foregoing, in no circumstances The Company assumes no 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;
12.2.3. You acknowledge that there may be risks in using the products and/or any third-party services, and that The Company cannot and does not guarantee any specific outcomes from such use and/or services, and you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such use and/or services.
13.1. You agree to defend, indemnify and hold harmless The Company, its officers, directors, shareholders, employees, affiliates and/or agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including attorneys’ fees) arising from (i) your violation of this Agreement; (ii) your violation of any third party right, including any intellectual property, access, and/or privacy rights, resulting from the improper usage of the product and/or the services; and/or (iii) any other type of claim that was resulted by your actions to a third party.
14. INTELLECTUAL PROPERTY
14.1. 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.
14.2. 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.
16.1. With the exception of liability under the guarantee, or otherwise specified in this Agreement, or in the governing law, The Company and/or any of its officers, directors, shareholders, employees, affiliates, and/or agents shall not be liable any damages and/or losses for whatever circumstance they may have resulted from. In particular, The Company shall not be liable for the non-performance of the contract by any third party, including any service provider, the company concludes a contract with to fulfil its obligations under this Agreement.
16.2. You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for The Company’s services to you, and such limitations will apply even if The Company has been advised of the possibility of such liabilities.
17. FORCE MAJEURE
17.1. Neither Party shall be liable for the total or partial non-fulfilment of any of its obligations under this Agreement due to strike, riot or civil unrest, war (whether declared or not), piracy, terrorist threats, sabotage, flood, fire, earthquake, embargo, international restrictions, currency restrictions and other unforeseeable actions of states that have arisen after the conclusion of this Agreement and hinder its implementation.
17.2. If any of these circumstances directly affects the fulfilment of obligations within the time period specified in the contract, then this term is proportionally postponed for the duration of the relevant circumstances for the maximum period of 30 days. After this period, the Agreement is deemed automatically terminated with the obligations under this Agreement to be fulfilled in full no matter the stage.
18. GOVERNING LAW
18.1. The Agreement is governed by the law of the Estonian Republic (the “governing law”).
18.2. Subject to any other mandatory requirements, any disputes, or claims related to the performance, or interpretation of the Agreement shall be submitted to the competent courts in Estonia.
18.3. For any complaint, please, contact the Customer service at firstname.lastname@example.org
19.1. The Company reserves the right to amend this User Agreement at any time. The Company shall notify about such amendments 5 days prior they enter into force. Any agreement concluded between The Company and a Customer shall not be influences by such amendments.
20.1. This Agreement shall be valid from the moment if its conclusion until the obligation were fulfilled, and the product was duly accepted.
21. CONTACT DETAILS
21.1. The Company is registered in Estonia, company No. 14714660
21.2. Address: Harju maakond, Tallinn, Kesklinna linnaosa, Narva mnt 13, 10151
21.3. Email: email@example.com