Terms and Conditions
Wliekae ("we," "us") makes its website and related services available to you, subject to the following Terms & Conditions, as well as any other rules posted on our website. We recommend that you carefully read and understand these Terms and Conditions before placing an order. By using our website, you signify your agreement to be bound by these terms.
1. Introduction
1.1 Agreement Between Customer and Website Owner
These terms and conditions ("Terms and Conditions") establish the legally binding agreement between you, the customer ("you," "your"), and Wlikae, the owner of this website ("we," "us," "our").
1.2 Acceptance of Terms
Your access to and use of this website, as well as any services contained within, signify your full acceptance of these Terms & Conditions. Please read these Terms & Conditions carefully.
1.3 Non-Acceptance of Terms
If you do not accept these Terms & Conditions in full, you should refrain from using this website.
2. Customer Information
2.1 Accuracy of Contact Information
- It is your responsibility to ensure that the contact information you provide is accurate and up-to-date before creating a customer account or proceeding with payment.
2.2 Usernames and Passwords
- If a username and password are required to access your customer account, you are responsible for maintaining their confidentiality.
- You should store your username and password securely and refrain from providing these details to any third party.
2.3 Security of Customer Account
- As a customer, you are solely responsible for your customer account and any actions taken within it.
- In the event that you become aware of or suspect unauthorized access to your customer account, including knowledge of your username, password, or other account details by a third party, you must inform us immediately.
- Our website is intended for use by adults. Adults may purchase products for children, provided that the products purchased are intended by the manufacturer for use or consumption by children.
- We reserve the right to restrict or remove your access to this website in the event of a breach of these terms and conditions.
- Such restriction or removal may occur without prior notice or explanation to you, solely at our discretion when deemed appropriate or necessary
3. Privacy
3.1 Privacy Commitment
- At Wlikae, we hold your privacy in high regard and take it seriously.
- We are registered under and fully comply with the Data Protection Act of 1998.
3.3 Privacy Policy
- For comprehensive details regarding the collection, usage, and protection of your personal information, we encourage you to review our Privacy Policy.
4. Product Pricing, Title, and Color
4.1 Pricing Accuracy
- We make every effort to ensure that the pricing displayed on our website is accurate. However, in the event of an error in product pricing, we reserve the right to:
- Cancel your order.
- Contact you to arrange payment of any additional amount due.
- Refund any over-payment made by you (as applicable).
- The processing of an order may be canceled or corrected by us at any time until the order is shipped, along with any related items.
4.2 Price Alterations
- We reserve the right to modify product pricing without prior notice.
4.3 Title Transfer
- Title to any products you order from us does not transfer to you, the purchaser, until:
- We have received and processed a valid payment.
- The payment has been successfully received into our own bank account.
- Your order has been shipped.
4.4 Product Color Accuracy
- While we strive to depict the colors of our products as accurately as possible on our website, please be aware that the actual color may vary depending on your monitor's settings.
- We cannot guarantee that your monitor's display of colors will be entirely accurate.
5. Your Order
5.1 Order Confirmation
- Upon placing an order, you will automatically receive a confirmation email from us, acknowledging the receipt of your order.
- Your order constitutes an offer to purchase the specified goods from us.
5.2 Acceptance of Offer
- We accept your offer once we have sent you an email confirming the dispatch of your order.
5.3 Exclusions from Order
- Product items not included within the dispatch email are not part of the order and contract between you and us.
5.4 Order Delay or Refusal
- We reserve the right to delay or refuse orders under certain circumstances, including:
- Transactions with incomplete or unverifiable details.
- Suspected fraudulent activities.
5.5 Refunds
- If we cannot reasonably ascertain the necessary details or resolve issues mentioned in section 5.4, a full refund will be issued to the card used for the purchase.
- No other forms of refund or credit will be offered, and refunds will not be made to third-party cards or accounts.
6. Shipping and Customs Duty
6.1 Availability
- All orders received by us are subject to product availability.
- We reserve the right to ship products at a later date (up to 28 days after purchase) in cases where the ordered product is not in stock at the time of purchase.
- If this situation arises, we will contact you and provide the option of a full refund instead of the delivery of the product.
6.3 Disruption to Shipping
- We cannot be held responsible for shipping disruptions caused by industrial disputes or actions beyond our direct control.
- In the event of such disruptions, you will be presented with the choice of:
- Delivery via an alternative delivery or fulfillment company.
- A full refund.
7. Cancellation Rights, Returns and Refunds
7.1 Right to Cancel
- Under the Consumer Protection (Distance Selling) Regulations 2000, you have the right to cancel your purchase.
- To exercise this right, you must notify us in writing (via email or letter) within 7 working days of the day after you receive your goods.
7.2 Notification of Cancellation
- Cancellation notification must be in writing, as telephone conversations are not considered valid cancellations due to the lack of recorded calls.
7.3 Exceptions to Right of Cancellation
- No right of cancellation, refund, or return exists under the Consumer Protection (Distance Selling) Regulations 2000 once you have removed the product from its original packaging, unless the product is defective, and you are returning it for this reason.
7.4 Sealed or Shrink-Wrapped Goods
- Goods that are sealed or shrink-wrapped can only be returned if they are defective after this packaging has been removed.
7.5 Exceptions to Right of Cancellation
- No right of cancellation exists for personalized goods, intimate goods, or goods with potential hygiene issues, unless they are defective.
7.6 Return Procedure
- Please follow this procedure for all returns:
- Contact us in writing within 7 days, stating your reason for return, your order number, and contact details. If the return is due to a defect, please describe the defect.
- One of our representatives will contact you within 48 hours to provide return instructions. Please do not send goods back until you receive written instructions, as we will not refund postage expenses unless previously agreed in writing.
- Repackage the product in its original packaging, including any accessories, brochures, manuals, guarantees, or warranties. We cannot issue a refund if the product is incomplete.
7.7 Product Condition for Refund
- If the product has been opened, used, or if the original packaging is damaged, we will issue a refund only if the product is being returned due to a defect. Adequately pack the product for return if the original packaging is damaged or destroyed.
7.8 Recommended Shipping Method
- We recommend sending all returns by registered post to maintain a record of the return.
7.9 Lost or Stolen Items in Transit
- We will not issue refunds for items lost or stolen during transit to us.
7.10 Claiming Compensation
- If a return is lost or stolen in transit, you should claim compensation from the shipping team responsible for the shipment.
7.11 Refund Timeframe
- Subject to the above conditions, we will refund the purchase price of a returned product within thirty days of receiving written notification of your intention to return the product and receipt of the goods.
8. Faulty Products
8.1 Faulty Product Returns
- In the event that you experience a fault with a product, it can be returned to us in accordance with our returns policy as outlined above.
9. Events Outside Our Control
9.1 Limitation of Liability
- We shall not be held liable for any delay or failure to perform any obligation under these Terms & Conditions if such delay or failure is caused by circumstances beyond our reasonable control.
- These circumstances may include, but are not limited to, acts of God, war, civil disorder, or industrial disputes.
10. License
10.1 Personal Use License
- We grant you a license to access the content, information, and services contained within our website for personal use only.
10.2 Permitted Actions
- This license allows you to download and cache (using your browser) individual pages from our website.
10.3 Restrictions
- This license does not permit you to download and modify individual pages or substantial parts of our website.
- It also does not allow the hosting of our website or a substantial part of it on an intranet, unless expressly permitted.
10.4 Prohibited Actions
- Our website design, layout, content, or text may not be copied, edited, or manipulated without our express prior written permission.
10.5 No Framing
- Our website cannot be placed within the frame-set of another site.
10.6 Deep Linking
- Third parties are not permitted to "deep link" to pages within our website without our express prior written permission.
- All links (unless expressly permitted) should be directed to the main index page of our website.
- The content of such links, whether graphic or text, should not be misleading, false, derogatory, or offensive in any way.
10.7 Exception for Affiliate Partners
- The restriction on "deep linking" does not apply to affiliate partners who wish to direct customers to a particular page or product to increase their affiliate sales.
11. Copyright
11.1 Copyright Ownership
- All content, databases, graphics, buttons, icons, logos, layouts, and the overall look and feel of the website are our copyright unless expressly acknowledged as otherwise.
11.2 Data Mining and Extraction
- The data mining, extraction, or utilization of product information from our website is not permitted without our express prior written permission.
12. User Generated Content
12.1 Review and Feedback
- Where available, you may provide reviews or public feedback on products purchased by you, known as user-generated content.
12.2 Content Formats
- User-generated content can be provided in various formats and mediums, including text, audio, video, and still photographs.
12.3 License Grant
- By providing such content, you agree to grant us a worldwide, irrevocable, non-exclusive, and royalty-free license to use, distribute, edit, translate, and repurpose such content as needed.
- This license may include sub-licensing to other parties.
12.4 Compliance
- User-generated content must not infringe the intellectual property rights of any other party.
- The content must not be illegal or capable of breaching the laws of any jurisdiction in which it is displayed.
12.5 Content Removal
- We reserve the right to remove any content that breaches or risks breaching these terms and conditions.
- We are not responsible for auditing or monitoring user-generated content.
12.6 Complaints
- Complaints about such content by rights holders or any user or visitor to our website should be directed to us using our contact details provided.
12.7 Tagged Media
- The Site includes the Wlikae page that extracts content from users and customers who share photos and videos on Instagram using Wlikae’s brand hashtags or tagging the Wlikae Instagram account.
- By doing so, you grant permission for the use of your content for identification, publicity related to the Services, and promotional purposes.
- You represent and warrant that your content does not violate the rights of any third party, including privacy rights, publicity rights, copyrights, trademarks, or other intellectual property rights.
13. Limitations and Exclusions of Liability
13.1 No Liability for Free Content
- Where content and information are provided on the website without charge, we exclude all liability for such content and information.
13.2 Exclusion of Business Losses
- All business losses, including but not limited to loss of profits, income, revenue, damage to goodwill, and loss of other commercial contracts or opportunities, are excluded.
13.3 Exclusion of Indirect or Consequential Losses
- All indirect, consequential, or special losses or damages are excluded.
13.4 Unforeseeable Losses
- All other losses or damages not reasonably foreseeable at the time of the contract between you and us are also excluded.
13.5 Loss of Data, Databases, Systems, Software, or Hardware
- All losses relating to the loss or corruption of data, databases, systems, software, or hardware are excluded.
13.6 Exceptions
- These terms and conditions do not exclude or limit liability for death or personal injury caused by you or us.
13.7 Exceptions for Fraud
- These terms and conditions do not exclude or limit liability for fraud or fraudulent misrepresentation caused by you or us.
13.8 Compliance with Applicable Law
- These terms and conditions do not exclude or limit liability where this conflicts with applicable law for this jurisdiction.
14. Indemnity
14.1 Indemnification
- By your use of our website, you hereby indemnify us and undertake to keep us indemnified at all times, now and in the future, against all possible claims relating to any breach of these terms and conditions by you.
14.2 Scope of Indemnity
- Such indemnities shall include, but not be limited to, all legal costs and expenses, all other related expenses, damages, or settlements arising from your breach of these terms and conditions.
15. Variation
15.1 Right to Vary
- We reserve the right to vary these terms and conditions at any time, without giving notice to you.
15.2 Automatic Application
- Such varied terms and conditions shall automatically apply to the use of our website from the date of publication on our website.
16. Assignment
16.1 Right to Assign
- We reserve the right to assign our rights and obligations under these terms and conditions, without giving notice to you.
16.2 Limitation on Assignment
- This right of assignment shall only apply to us and shall not apply to you in any way.
17. Severability
17.1 Independent Construction
- The foregoing paragraphs, sub-paragraphs, and clauses of these terms & conditions shall be read and construed independently of each other.
17.2 Effect of Invalidity
- Should any part of this agreement or its paragraphs, sub-paragraphs, or clauses be found invalid, it shall not affect the remaining paragraphs, sub-paragraphs, and clauses.
18. Waiver
18.1 Enforcement of Rights
- Failure by us to enforce any accrued rights under these terms & conditions is not to be taken as or deemed to be a waiver of those rights by us unless we acknowledge the waiver in writing.
19. Exclusivity of Agreement
This agreement is a private understanding between you, our valued customer, and our company. It is designed exclusively for our interactions and does not extend any rights, benefits, or obligations to any third parties. Furthermore, this agreement stands independently and is not dependent on any external entities or influences.
20. Entire Terms & Conditions
These terms & conditions set out the entire agreement and understanding between you and us.
21.Protection of Consumer Rights
As a consumer, your statutory rights remain protected and unchanged.
22.Text Messaging Program Term
22.1 Enrollment:
By joining our text messaging (SMS) program, you need to explicitly consent. This is done by providing your mobile number, responding to specific keywords, or sending a text message agreement. This consent, which is not mandatory for using our services, can be withdrawn at any time. Opt-out details are provided in section 22.2 or by contacting us through other means.
22.2 Opting Out:
To stop receiving SMS/MMS messages from our program, you can use the opt-out link provided in any of our text messages.
22.3 Your Wireless Plan:
Standard message and data rates may apply for any messages sent or received. For questions about your text or data plan, contact your wireless provider.
22.4 Responsibility for Your Phone Number:
You confirm that you own or are the primary user of the mobile number provided for our text program. If your number changes or is deactivated, inform us immediately at our Privacy Center. We, our vendors, and mobile carriers are not responsible for delayed or undelivered messages. You agree to indemnify us for any claims or damages resulting from your failure to notify us of changes to your number.
22.5 Program Changes and Termination:
We may suspend or end your participation in our text message program if you violate these Terms or if your mobile service ends or lapses. We also reserve the right to modify or discontinue the messaging service, in part or whole, with or without notice.