MIIJ&YDNEW OG, Köstlergasse 11/ 28, 1060 Wien
ATU 67158327
FN 371326 v
General terms and conditions for the website wendyjim.com (hereinafter the “Website”) and for the sale of products on the website wendyjim.com
This Website is operated by Wendy Jim. Throughout the Website, the terms “we”, “us” and “our” refer to WENDYJIM. WENDYJIIM offers this Website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our Website and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Website, it being specified that the online selling process described in these Terms of Service is reserved solely for the use of individual consumers purchasing WENDYJIM Products (hereinafter the Products”) exclusively for their own account and personal use. The Products may not be sold or resold following purchase from the Website.
Please read these Terms of Service carefully before accessing or using our Website. By accessing or using any part of the Website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on https://wendyjim.com They provide us with an online e-commerce platform that allows us to sell our Products and services to you.
- Online store terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our Products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
- General conditions
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
- Accuracy, completeness, and timeliness of information
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.
- Prices
Prices of our Products are given in Euros, unless otherwise specified and excluding delivery and processing expenses.
For the buyers located in a country belonging to the European Union, prices appearing on the Site include all taxes (VAT and all taxes and duties due when placing an order), unless otherwise specified.
For the buyers located in a country outside of the European Union, prices appearing on the Site do not include taxes (VAT and all taxes and duties due when placing an order), unless otherwise specified.
The total cost of your order includes:
- The price of the purchased Product (including all applicable taxes, if any)
- Processing and delivery costs, which will be free of charge for all orders superior or equal to 400 €, and of 15 € for all orders inferior to 400 €.
For countries outside the European Union, you are deemed importer of the concerned Products. Customs duties or other local taxes or importation duties or State duties are likely to be due. WENDYJIM is not responsible for these duties and sums of money, has no control over them and cannot foresee their amounts.
You shall be solely responsible for these sums of money, regarding their declarations as well as the payment to the competent authorities and organizations in your country. We suggest that you contact your local customs office for further information before placing your order.
Any orders, wherever they are placed from, are payable in Euros.
We pay the closest attention to the accuracy of the prices on our Website. However, in case of a mistake on our part, we reserve the right not to provide the Products for which the posted price was manifestly incorrect.
The Products remain WENDYJIM´s property, until full payment of the price.
Notwithstanding the foregoing, the risks (including the risks of loss and damage) pass on to you upon delivery of the Products, meaning the moment when the Products are handed over at the delivery address that you have provided.
- Modifications to the service and prices
Prices for our Products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change on the Website, suspension or discontinuance of the Service.
WENDYJIM reserves the right to modify its prices at any time and without notice, but the Products shall be invoiced on the basis of the applicable price when placing the order and subject to availability.
- Products or services (if applicable)
Certain Products or services may be available exclusively online through the Website. Our Products are offered as long as they may be viewed on the Website and within the limits of available stocks. These Products or services may have limited quantities and are subject to return or exchange only according to our Return Policy (see Section 11).
Some Products are custum made and will therefor take a longer time to be produced.
We have made every effort to display as accurately as possible the colors and images of our Products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right but are not obligated, to limit the sales of our Products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or services that we offer. All descriptions of Products or Product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any Product at any time. Any offer for any Product or service made on this site is void where prohibited.
- Order placement
in order to complete their order, the clients:
- shall confirm their delivery address and their billing address, or indicate a new delivery and/or invoicing address;
- shall read carefully these Terms of Service and expressly accept them by clicking the “I have read and accept the Terms of Service” button before processing the payment of the order;
- are then invited to pay the price of their order by clicking the “pay” with Paypal” button (for Paypal payment mode) or the “order” button (for the credit card payment mode), giving access to the secured payment of the order.
Once the payment is confirmed, the client immediately receives, and before delivery at the latest, an email confirming the order, featuring, among others, the order number and the detailed list of the ordered Products.
The client expressly accepts that the content of the order be confirmed via email by WENDYJIM.
All the data provided and the registered order confirmation shall evidence the transaction.
The order confirmation shall be deemed equivalent to signature and acceptation of the processed transaction.
A summary of your order and of the present Terms of Service a will be sent to you via email in the pdf format, at the address used for the order confirmation.
- Deliveries
Your Products will be delivered to the shipping address specified in your order. Except for specific circumstances, or if one or several Products are temporarily out of stock, the Products of the same order will be delivered in one batch.
We deliver in the entire world.
For deliveries in Austria or in Europe, your order will be shipped, by our carrier, within the delivery times indicated on the Website (week-ends and bank holidays being excluded). These delivery dates are indicative only.
For deliveries outside the European Union, your Products may be subject to customs formalities fees, taxes and/or duties imposed by the country of destination when the Products arrive on its territory.
These fees and taxes are at your expense. WENDYJIM cannot anticipate them at the time of your order and it is therefore your responsibility to check the laws and regulations applicable in the destination country before placing any order.
If, at the time of receipt, you refuse to pay the fees and/or taxes in question and thus cancel your order, the following fees will be deducted from the amount that WENDYJIM will refund to you :
– a flat rate of 15 euros (excl. VAT) as an advance payment fee for customs clearance;
– a flat rate of 1.55 euros (excl. VAT) for the cost of printing the label;
– an amount proportional to the total value of the Products excluding VAT as customs duties and taxes, which varies according to the Products and the country of shipment;
– a flat rate for the return of undeliverable Products, which varies according to the country of shipment.
WENDYJIM shall provide, on request, details of the fees thus deducted.
If your delivery address is geographically remote, for example certain outlying islands or other isolated locations, it is possible that we may not be able to deliver at such address. If that is the case, we will notify you before we accept your order. Orders cannot be delivered to P.O. boxes or similar addresses.
If, upon delivery, the exterior appearance of the package is not perfect, we ask you to open it in the presence of the carrier, in order to check the condition of the delivered Products. In the event of damage to the Products, please provide a specific description on the delivery note.
The rates for delivery are specified on the Website and are subject to revision or modification from time to time.
You will receive, upon delivery, a receipt with written confirmation of the total price paid including the detail (Product prices and delivery charges if applicable).
Should the shipping be delayed, an email will be sent to you in order to inform you of the possible consequences on the indicated delivery time.
If the delivery is processed by a carrier, we may not be held responsible for any delay that would be due exclusively to unavailability of the client, after several appointments proposals.
If the delivery is processed by a carrier, we may not be held responsible for any delay that would be due exclusively to unavailability of the client, after several appointments proposals.
Important information
Delivery times are provided as guidelines only and do not take into account possible delays caused by payment authorization and/or stock availability and/or customs delays. We are unable to deliver to post office boxes.
Once the order is placed, it shall not be possible to change the delivery address on the Website. You will have to contact UPS (or the carrier chosen by WENDYJIM) and see directly with them under which conditions the delivery address might be changed.
First-Time Order Policy
For security purposes, WENDYJIM reserves the right to ship first-time orders to the cardholder’s verified billing address or work address. To avoid delays in receiving your order, please make sure to provide the correct billing and shipping information associated with your credit/debit card when placing an order.
Insurance
WENDYJIM insures each purchase during time in transit until it is delivered to you. All orders require signature upon delivery, at which point responsibility for the shipment passes to you. If you have specified a recipient other than yourself for delivery purposes, you also accept that signature by the third party is sufficient proof of delivery and fulfilment by WENDYJI’M.
- Delivery rates
The following rates shall apply:
- 15 € for orders inferior to 400 €;
- Free of charge for orders superior or equal to 400€.
Delivery rates indicated above are set forth according to the rates of our suppliers and are subject to revision or modification from time to time.
- Payment
The validation of your order implies, from your side, the obligation to pay the indicated price.
Payment of your purchases is processed by credit or debit card through the secured systems PAYPAL or STRIPE, for payment by credit card.
You shall pay the total price of the order in one single payment
Your payment card or PayPal account will be charged when you complete the order.
An invoice will be sent to you, together with the ordered Products.
- Return policy
In accordance with articles L.221-18 and seq. of the French Consumer Code (Code de la consommation), you have a period of 14 calendar days from delivery of the Products to exercise your withdrawal right without the need to justify your reasons or to pay any penalties. However, we do not make any exchanges.
Your right of withdrawal shall be exercised by informing us of your decision to withdraw, by sending us, before the end of the 14-day period above, the withdrawal form featured below (at the end of this section), or any other unambiguous statement of your will to withdraw your order.
This time period runs from delivery of the Products to you. When the 14-day period expires on a Saturday, Sunday or bank holiday, it will be extended to the following working day.
Reasonable shipping expenses incurred by the client in connection with the return of the Products shall be refunded to the client by WENDYJIM, upon presentation of the corresponding receipts. However, duties or taxes related to customs incurred in connection with the return, shall remain borne by the client. In case WENDYJIM has to pay such duties or taxes, the corresponding sums shall be deducted from the amount refunded to the client;
The Product must be returned without undue delay and, at the latest, within fourteen days of the communication of the Customer’s decision to withdraw.
Each Product shall be returned unused, with its original packaging. In case of deterioration of the Product, resulting from any handling other than those strictly necessary to establish the nature, characteristics, and good state of the Product, we reserve the right to refuse to reimburse the Product. We shall not process to any refund if the Products returned by the client are not consistent with the Products ordered or have another origin than the Website.
To return a Product, the client shall use the return label which shall be generated on its personal space on the Website.
We will process to the refund of the returned Products (less customs duties or charges), in accordance with the provisions above, and of the delivery rates paid by the client, if any, by crediting the card or the PAYPAL account used for the payment. In case of partial return of the Products, the delivery rates, if any, shall not be refunded, since you have benefitted from the delivery service for the Products retained.
We will process to the refund within 14 days at the latest, as of the date we acknowledge receipt of the returned Products, provided these Products are declared compliant further to our quality control.
A confirmation email will be sent once the returned Products are received and the refund is processed.
You will be the only person allowed to exercise this right of withdrawal. If you asked that the order be delivered to a third party, this right may not be exercised by the consignee of your order.