Identity and Applicability
www.wallien.com.au (“Website”) is operated on behalf of W for Water B.V., having it’s corporate seat at C/- Castle Corporate Pty Ltd, Suite 2, Ground Floor, 651 Doncaster Road, Doncaster Victoria 3108, Australia, with ARBN 636 562 751 (hereinafter referred to as ("WALLIEN/we/us/our").
These terms and conditions (“Terms and Conditions”) govern and apply to your use of our website, all our offers of products on our Website and your acceptance thereof, and your purchase of products from our Website. Please note that your use of our Website constitutes your agreement to follow and be bound by these Terms and Conditions. We advise you to print out, save and/or download these Terms and Conditions and any confirmations for your own records.
Although availability may be indicated on the Website, we cannot guarantee product availability and products, nonetheless, may not be available for immediate delivery. We reserve the right, without liability or prior notice, to revise, discontinue, or cease to make available any or all products or to cancel any order. If there is any revision, discontinuance, or cessation, we may, in our discretion, ship products which have substantially similar functionality and specifications to the products ordered or cancel your order.
We have made every effort to display as accurately as possible the colors of our products that are displayed on the Website. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate. Therefore the pictures of our products on the Website are for illustrative purposes only.
Sizing of our products
Since body measurements different greatly for each person, you need to carefully compare the WALLIEN size chart on the product pages on our Website to your own body measurements before placing an order.
You can only place an order if 1) you are a consumer, 2) who is at least 16 years of age, or has the consent of at least one of his/her parents and/or guardians to place an order and 3) who provides us correct information that is necessary for the fulfillment of the order.
An order placed by you is an offer to purchase the product(s) displayed on our Website, which offers needs to be accepted by WALLIEN.
Once the order is placed by you, we will send you an order acknowledgment email, to let you know that we have received your order. This order acknowledgment email does not constitute an acceptance of your order or the conclusion of a contract. WALLIEN reserves all rights to reject your order for any reason and with no liability to you or any third parties prior to WALLIEN acceptance of your order.
Our acceptance of your order and conclusion of the contract will only take place when we send you an email confirming that your order has been dispatched.
Right of withdrawal
You, as the consumer, can cancel your order placed on this Website within 14 days starting on the date you received the product(s). You must send us your withdrawal/cancellation statement via email at firstname.lastname@example.org or by contacting customer service through chat, within the aforementioned 14 days.
Once you have notified us within the aforementioned 14 days, we shall reimburse all the payments you made to us for the canceled order, including the delivery costs (if applicable and the maximum being the least expensive type of standard deliver we offer). In the event that you have already received your products, you must return the products in conformity with our return policy at your costs.
Prices and Payments
The prices displayed on the Website are quoted in Australian Dollars, including GST and delivery costs, if applicable. If delivery costs are applicable, they will be displayed during the checkout process. All prices include handling or taxes (total at the end) excl. shipping, if delivered to customers within Australia. For customers outside Australia, additional charges may apply. Please email WALLIEN if this is the case.
WALLIEN reserves all rights to 1) make changes to the prices displayed on the Website and 2) change or withdraw special offers or discounts at any time, without prior notice.
WALLIEN only offers the payment methods displayed during the checkout process and WALLIEN shall not be liable for any transfer or bank charges and/or import duties or taxes.
All payments are subject to authorization and validation checks done by the payment service provider. In the event that the payment service provider does not, for any reason, authorise or validate your payment, WALLIEN shall cancel your order and notify you thereof.
Retention of title
All products that have been delivered to you remain the sole property of WALLIEN until you have fully paid any and all amounts owed to WALLIEN under any contract that is placed between you and WALLIEN, including payment of costs, earlier or later deliveries or partial deliveries.
Purchased products will be dispatched within 5 working days starting on the date of the order, however, we try our best to dispatch the purchased products within 2 to 3 working days starting on the date of the order. Please allow up to 2 weeks for delivery to arrive outside of Australia, 7 working days within Australia. If you still have not received your purchased products after 3 weeks, please notify us via email at email@example.com. You bear any and all duties and customs costs for orders shipping outside of the Australia. WALLIEN is not responsible for any lost, stolen or damaged shipments. All shipments within Australia are sent with a delivery confirmation and you assume all responsibilities of lost items.
Our return policy entitles you to return the product(s) for any reason within 30 working days starting on the date you received the product(s) in conformity with our return policy. For orders placed during an online sale, the return period is 14 working days starting on the date you received the product(s).
You can open the package and check the contents. However, the products can only be returned when they are completely unused, unwashed or altered and sent in the original packaging, with original labels attached and double boxed. See our FAQ page for more information about our return policy.
WALLIEN shall not bear the costs of returning the product(s) unless otherwise indicated by WALLIEN' customer service.
We only accept returns of product(s) purchased from this Website only.
If you are returning product(s) you may no longer qualify for any discount or special offer associated with your order. If you received any product(s) for free with your order, you must return all the free product(s) together with the product(s) you are returning to receive full return credit.
Changes to our terms and conditions
WALLIEN reserves all rights to make changes to these Terms and Conditions from time to time. Your use of our Website following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed. These Terms and Conditions were last modified in March 2019.
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of this Website (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by WALLIEN. The Website as a whole is protected by copyright and trade dress, all worldwide rights, titles, and interests in and to which are owned by WALLIEN.
The Contents of our website and the Website as a whole are intended solely for personal, noncommercial (other than for the purchase of merchandise from our site) use by the users of our Website. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal 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 Contents, the Website, or any related software. We may change, move or delete portions of, or may add to, our Website from time to time.
All product designs are made by WALLIEN, the Website is built by AskPhill, and all photography rights are reserved by WALLIEN.
User comments, feedback, postcards, and other submissions
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to WALLIEN on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Comments") shall be and remain WALLIEN property. Such disclosure, submission or offer of any Comments shall constitute an assignment to WALLIEN of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, WALLIEN will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. WALLIEN is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.
You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
THIS WEBSITE AND ALL CONTENTS OF THIS WEBSITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR WEBSITE, AND THAT WALLIEN SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS WEBSITE.
From time to time there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and/or availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice, including after you have submitted your order. We apologize for any inconvenience this may cause you. If you are not completely satisfied with your WALLIEN purchase you may return it with your invoice to WALLIEN by mail and in conformity with our Return Policy for another size, WALLIEN product, store credit or money refund.
WALLIEN (W for Water B.V.) is not liable for any damages directly or indirectly, after the delivery by any cause whatsoever caused to you, to third parties or to property of third parties. If it is established that WALLIEN could be held liable for any damage, liability shall be capped at the value of the order with a maximum of 200 EUR in total. WALLIEN is not liable for the non-availability of the Website or for technical or electronic errors on the Website.
You agree to defend, indemnify and hold WALLIEN harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Website or WALLIEN products.
Unless otherwise specified and except to the extent WALLIEN products are offered for sale in the Netherlands through this Site, this Site and the Contents thereof are displayed solely for the purpose of promoting WALLIEN products and services available in The Netherlands and select foreign markets.
In the event that any provision stipulated in these Terms and Conditions is null and void or is subject to annulment that will not affect the validity of the other provisions.
This Agreement shall be construed in accordance with the laws of the Netherlands, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts of The Netherlands.
You may terminate your obligations granted hereunder at any time by ceasing all use of the Website. WALLIEN may at any time and without prior notice 1) deny you access to the Website if, in WALLIEN sole discretion, you fail to comply with any provision stipulated in these Terms and Conditions and/or 2) terminate any rights granted to you hereunder.
Upon any termination by either you or WALLIEN, you must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under these Terms and Conditions or otherwise.