TERMS AND CONDITIONS (UPDATED September 18, 2023)
Welcome to Wiwikiwi’ ("WiwiKiwi," "we" or "us") website, www.wiwikiwi.com (the "Website"). These terms and conditions (the “Conditions”) apply to the orders placed by the customer (“you”) in your capacity as a consumer for purposes outside of commercial or professional activities. By using the Websites and placing an order, you agree to be bound by these Conditions.
Please review the Conditions and make sure that you understand them before you place an order. Note that we have different conditions for different countries/regions. It is therefore important that you make sure that you are on the correct website by choosing your flag/shipping country in the country selector, as you might otherwise read conditions that are not applicable for your specific country/region.
We reserve the right to change these Conditions at any time without prior notice. The Conditions available on the Website at the time of your order, is the version applicable to your order.
PLACING AN ORDER
To place an order, you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us.
Please note that all orders are subject to availability and that the inclusion of any products on the Website at a specific time does not mean that these products will be available at any time.
You can only place your order via the Website. Please make sure that all details you provide are true and correct. We will use the details provided to communicate with you about your order.
OUR CONTRACT
When you have placed an order, you will receive an e-mail confirming your order. Please note that this email will be an acknowledgement only and will not constitute acceptance of your order. A contract will be formed when we send you an e-mail confirming that the products have been dispatched. Only those products listed in the confirmation e-mail sent at the time of dispatch will be included in our contract. If we have already received payment for non-available products, we will refund the applicable amount using the same method used to make the payment.
PRICING
The prices on the Website are final prices, however excluding state or local sales tax. Any state or local sales taxes applicable to your order will be calculated and added when you provide your shipping address on the checkout page. The price displayed on the checkout page will be the final price including all sales taxes.
The prices displayed on the Website do not include delivery costs, which are charged separately.
Whilst we try and ensure that all details, descriptions and prices that appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled.
PAYMENT
We accept card payments by Visa, MasterCard, American Express and several local payment options. Upon receiving your order, we carry out a standard pre-authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Please note that the products will not be dispatched until the pre-authorization check has been completed. Your card will be debited once the order has been accepted. All payments are handled by WiwiKiwi.
DELIVERY
All orders are packed at our distribution center in Georgia (USA). We operate Monday to Friday and not on local public holidays. When placing an order, you may choose standard shipping or tracked shipping.
For information on our delivery times, please refer to the table here. We always strive to deliver your ordered products within the times stated in this table. However, due to unexpected events the delivery times are sometimes longer, for example as a result of postal delays or force majeure events. Dispatch times may also be longer during times with higher sales volumes, such as holiday seasons.
Shipping costs will be added where applicable and for the delivery option chosen. For shipping charges, please view our shipping charge table. If you have any questions about your delivery, please review our support page where you can also find contact information to the WiwiKiwi support team.
RETURNS
During 30 days following the delivery of your order, you may request refund of items, which you must return to us in perfect condition and in accordance with our returns process. Returns will only be accepted if labels and original packaging are fully intact and products have not been damaged or altered. WiwiKiwi cannot accept returns where labels have been removed. You are responsible for the shipping of returned items back to WiwiKiwi. Items lost in transportation will not be compensated for.
Any shipping charges for returns will be at your own expense, postal services may be used for the return. Please consult your local postal office for the official postal fees. Refunds for returned products will be made within 14 days from receipt of the returned product, using the same payment method used to make the payment. Please note that the refund will be made for the entire product cost charged by WiwiKiwi (including paid sales taxes), however excluding shipping costs.
Please note that products cannot be refunded at any stores. We do not accept exchange of products.
DISCOUNT CODES
Discount or promotional codes may from time to time be offered, please note that the terms and conditions provided in connection with such discount codes apply. Only one promotional discount code can be applied to an order.
INTELLECTUAL PROPERTY
Unless otherwise noted, all materials, including, but not limited to, images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of the Website (collectively, the "Content") are copyrights, trademarks and/or other intellectual properties owned, controlled or licensed by WiwiKiwi. The Content, and the Website as a whole, are intended solely for personal, non-commercial use by the users. You may download or copy the Content displayed on the Website for your personal, non-commercial use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Content, the Website, or any related software. The Website is protected by copyright and all worldwide rights, titles and interests in and to the Website are owned by WiwiKiwi.
PRIVACY
Our Privacy Policy describes the collection and use of information on the Site.
COLORS
We have made every effort to display as accurately as possible the colors of our products that appear on the Website. However, the actual colors you see may depend on your monitor and we cannot guarantee that your monitor's display of any color will be accurate.
CHOICE OF LAW
These Conditions shall be construed in accordance with the laws of New York State, without regard to any conflict of law provisions. Any dispute arising under these Conditions shall be resolved by the federal and state courts located in New York County.
FAULTY ITEMS
Nothing in these Conditions limits the statutory warranty regulations under mandatory consumer law. If you have a complaint regarding a material or manufacturing fault, please follow the instructions found here within reasonable time after you noticed the defect and describe your matter as detailed as possible. The WiwiKiwi team will then help you further with your matter.
LIMITATION OF LIABILITY
WiwiKiwi or its affiliated entities is not liable for any business-related damages or losses, neither for losses that are not caused by a breach on our side.
Nothing in these Conditions will exclude or limit our liability for any matter that it would be unlawful for us to limit or exclude our liability according to mandatory law.
The Website and the Content are provided "as is" without warranties of any kind. To the fullest extent permitted by law, WiwiKiwi disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
THIRD PARTY LINKS
The Website may include links to other websites. We have not reviewed the information on those other websites and are not responsible for the content of those or any other websites, or any products or services that may be offered through those or any other websites. The links are provided as a convenience only, and the inclusion of any link does not imply endorsement by WiwiKiwi of the site. Any concerns regarding any such link should be directed to the third-party website. In particular, WiwiKiwi does not accept any liability arising out of any allegation that any third party-owned content infringes the intellectual property rights of any person or any liability arising out of any information or opinion contained on such third-party website or content.
COPYRIGHT COMPLAINTS
If you believe that your original work has been copied by WiwiKiwi in a manner constituting copyright infringement, please contact us at: support@WiwiKiwi.com.
Please provide all the following information when contacting us:
• a clear identification of the copyrighted work you claim is infringed
• information that will allow us to locate that material on the Website, such as a link to the alleged infringing material
• your contact information so that we can reply to your complaint, preferably including your name, email address and telephone number
• a statement that you in good faith believe that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law
• a signed statement by you confirming that the information in the notification is accurate and indicating under penalty of perjury you are the copyright owner or authorized to act on behalf of the owner
MISCELLANEOUS
If any portion of these Conditions is held to be invalid or unenforceable, the invalid or unenforceable portion shall be modified in accordance with the applicable law as nearly as possible to reflect the original intention of the applicable provision, and the remainder of these Conditions shall remain in full force and effect.
WiwiKiwi reserves the right to assign or pledge to third parties any claim for payment which have arisen in connection with your purchase.
The Website may include links to other websites. We have not reviewed the information on those other websites and are not responsible for the content of those or any other websites, or any products or services that may be offered through those or any other websites. The links are provided as a convenience only, and the inclusion of any link does not imply endorsement by WiwiKiwi of the site. Any concerns regarding any such link should be directed to the third-party website. In particular, WiwiKiwi does not accept any liability arising out of any allegation that any third party-owned content infringes the intellectual property rights of any person or any liability arising out of any information or opinion contained on such third-party website or content.
COPYRIGHT COMPLAINTS
If you believe that your original work has been copied by WiwiKiwi in a manner constituting copyright infringement, please contact us at: support@wiwikiwi.com.
Please provide all the following information when contacting us:
• a clear identification of the copyrighted work you claim is infringed
• information that will allow us to locate that material on the Website, such as a link to the alleged infringing material
• your contact information so that we can reply to your complaint, preferably including your name, email address and telephone number
• a statement that you in good faith believe that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law
• a signed statement by you confirming that the information in the notification is accurate and indicating under penalty of perjury you are the copyright owner or authorized to act on behalf of the owner
MISCELLANEOUS
If any portion of these Conditions is held to be invalid or unenforceable, the invalid or unenforceable portion shall be modified in accordance with the applicable law as nearly as possible to reflect the original intention of the applicable provision, and the remainder of these Conditions shall remain in full force and effect.
WiwiKiwi reserves the right to assign or pledge to third parties any claim for payment which have arisen in connection with your purchase.
COMPANY INFORMATION
1312 17th Street Suite 600 Denver CO 80202
US
Federal tax ID: 99-2444050
Email: support@wiwikiwi.com
