These conditions are agreed between the company Wankiamy Lda, headquartered in Rua Manuel Francisco Nª3 Apart. 102, 2545-558 Alcabideche, registered capital of € 6,250.00 registered at CRC Lisboa under the single legal and tax number 513978380, hereinafter referred to as “Wankiamy, We, Us or Our” and between any natural person of legal age or legal person wishing to make a purchase through the Wan Kiamy brand website, phone, mail or e-mail, hereinafter referred to as “User, You or Yours”.
Wankiamy manufactures and markets Wankiamy products directly and indirectly all over the world. A detailed description of Wankiamy Products is available when looking at each Wankiamy Product individually on the Website.
Our Website complies with the legal requirements in regard to online selling and consumer protection.
The online selling process described in these General Conditions of Sale (hereinafter the “General Conditions of Sale”) relates to the User purchase of the Wankiamy Products from the Website and is reserved solely for the use of individual consumers purchasing Wankiamy Products exclusively for their own account and personal use. The Products may not be sold or resold following purchase from the Website.
The User can access these General Conditions of Sale at any time at our Website and keep an electronic or printed copy of them. We ask you to read them carefully.
These General Conditions of Sale remain in effect as long as they appear on our Website.
These General Conditions of Sale do not govern the provision of services, or the sale of products by entities other than Wankiamy, even in cases where those services or products are presented on the Website via links, banners or other hypertext links. Before placing an order and/or purchasing products and services from entities other than Wankiamy, you are invited to check the conditions of sale applied by such entities. Wankiamy will not be held liable for the provision of services or sale of products by third parties.
Placing an order
You can choose the Wankiamy Products that you wish to order from the Website, using the following procedures.
When the User places an order for the first time, we will ask to open a client account and to fill out an order form, providing information in certain mandatory fields so that we can process the order.
In the event of a period of inactivity during the connection, it is possible that the Wankiamy Products you have chosen will no longer be available. The User will then be asked to re-enter a selection of Wankiamy Products from the beginning.
Before any final order, the User will have the opportunity to check the details of the order and its total price, and to correct any potential errors, before confirming in order to express the User’s acceptance. Any order placed implies, an obligation to pay for it.
For any order that you place through our Website, a confirmation email will be sent to the User’s email with the order number and details of the Wankiamy Products that the User have ordered.
Despite all the care that Wankiamy takes in presenting the Wankiamy Products on our Website, we cannot guarantee that their real appearance will correspond exactly to how they appear on our Website, the User’s computer screen or mobile device.
Where permitted by law, we reserve the right to limit the quantities of Wankiamy Products that we supply, and/or to refuse any order for any reason including orders that appear to us to be unusual, designed to permit resale of Wankiamy Products without a wholesaler agreement, fraudulent orders or orders placed in bad faith. In addition, we reserve the right to refuse any order from a client with whom there is a dispute concerning the payment on a previous order.
The price of Wankiamy Products is given in Euros, including all taxes and duties for the European Union (EU) countries.
Outside the EU, the local taxes and duties are carried by the User at delivery time.
You will not receive a VAT refund for your purchases on our Website.
A printed invoice will be sent with your Wankiamy Products.
We pay the closest attention to the accuracy of the prices on our Website. However, in the case of an error on our part and subject to applicable law, we reserve the right to not provide the Wankiamy Products for which the posted price was manifestly incorrect.
We can modify the prices listed on our Website at any time and without prior notice. However, such modified prices will only be applied to new orders made after the price change and will not affect the pricing on orders that have already been placed.
There is no duty if the Wankiamy Products are shipped into the EU.
Outside the EU, customs duty and import tax are specific to the particular country. Customs authorities in each country calculate duty and tax based on a number of factors, including:
The category in which the Wankiamy Product is classified in the international Harmonized Code (HS) system;
- The value of the Wankiamy Product (based on the price the User paid);
- For most countries, duty is calculated on a “CIF” basis (meaning Cost, Insurance and Freight), so the shipping charges the user pay will also be factored into the calculation of the amount of duty the User will pay.
The total cost of the User order includes:
- The Wankiamy Product purchase price (including all applicable local taxes and handling fees);
- The shipping fees calculated when the User have specified a delivery address and chosen a shipment method.
Please be aware that the actual tax and duty charged by the Customs authorities at the User country sometimes turns out to be higher or lower than the amount paid, for a number of reasons. For example, a particular Customs authority may classify the product in a different category in the Harmonized Code (HS) system, or the local Customs authorities may (for whatever reason) use a different formula to calculate the duty; or the calculation may be affected by a change in currency exchange rates between the time of calculation and the time the tax and duty is paid to Customs authorities. In such situations, Wankiamy will not be liable for this categorization and the elevated taxes that may incur at destination. At the same time, Wankiamy won’t accept a return of the pieces for this reason, neither will accept a refund to the User’s account.
Method of payment accepted: Credit card ( Visa, Mastercard, American Express) and Paypal.
The User’s credit card will be charged thirty minutes after placement of the order.
Payments made with Paypal are debited immediately.
In jurisdictions where permitted, your payment will be regarded as a deposit. Consequently, if, for any reason beyond our control, we could not deliver the products ordered, we would refund the amount paid to us, but we won't pay any damages. Moreover, if this amount was paid to us more than 3 months prior to the report of our inability to deliver the order, additional interest calculated at the legal rate will be deducted, the countdown beginning retroactively on the day of the User’s payment.
For that purpose, the User will guarantee that is the holder of the Paypal account or the bank card to be charged or debited and that the name appearing on that card is in fact your own.
The User will then provide the 16-digit number and the expiry date that appear on the front of the bank card and, as applicable, the number of the visual cryptogram appearing on the back. This information will be encrypted using current industry standards (including the SSL protocol) (confirmed by the appearance of the “https” in the address displayed by the User navigator).
If the amount owed cannot be charged or debited for any reason whatsoever (objection, refusal by issuing center, etc.), the order will be immediately cancelled, and the online purchasing process will be terminated.
Some banks charge additional fees for foreign money transfers and credit card transactions in foreign currencies. If the order is not priced in the currency of your country, you should confirm the applicability of any fees before placing your order with your bank. Wankiamy will not be liable for additional charges associated with foreign currency transactions.
Wankiamy Products will be delivered to the shipping address specified at the order. Except for specific circumstances or the unavailability of one or more Wankiamy Products, the Wankiamy Products in the same order will be sent as part of one delivery.
We deliver Wankiamy Products in the member countries of the European Union: France, Monaco, Greece, Bulgaria, Cyprus (EU), Romania, Germany, Belgium, Italy, Luxemburg, the Netherlands, the United Kingdom, Malta, Denmark, Ireland, the Czech Republic, Austria, Spain, Finland, Hungary, Poland, Portugal including Acores and Madera, Sweden, Slovenia, Estonia, Latvia, Lithuania, Slovak Republic, Croatia.
We also deliver Products to Norway, Switzerland, Island, Hong Kong SAR, Taiwan, Singapore, South Korea, Australia, Japan, Luanda, Maputo, Cape Town and Johannesburg and to the 50 states of the United States.
We do not deliver to outermost regions (i.e. in Guyana, Guadeloupe, Saint-Martin, Martinique, Reunion, Canaries of the European Union.
If you are not located within our delivery zone, please send us an email to firstname.lastname@example.org requesting a specific delivery quote and we will do our best to deliver your order.
You can also have Wankiamy products delivered within those countries to a person of your choice.
No deliveries can be made to hotels or post office boxes.
Deliveries will be made to the address that was entered when the order was placed, after the payment for the order amount has been validated.
For delivery in Portugal, your order will be shipped, via MRW in 24 H (not including week-ends and national holidays). For delivery in the European Union, your order will be shipped, via UPS in 2 to 3 business days (not including week-ends and national holidays). These delivery dates are indicative only. In compliance with the Portuguese Consumer Code provisions, delivery of items ordered will occur in any case no later than within 30 days of the order, subject to full payment.
For delivery outside the European Union, the order will be picked up by UPS from the Wankiamy warehouse. As the recipient of the package, the User will be designated as the “Importer”, all import and customs clearance procedures will be at your expenses.
Signature will be required upon delivery.
If, at the time of delivery, the exterior appearance of the package is not perfect, we would ask you to open it in the presence of the carrier, in order to check the condition of the Wankiamy Products that have been delivered. In the event of damage to the Wankiamy Products, please provide a specific description on the purchase order.
The rates for delivery are specified on the Website and are subject to revision or modification from time to time. Delivery charges may be waived for purchases over a certain value.
You will receive, upon delivery, for each Product, a receipt with written confirmation of the price paid with the retail product prices and delivery charges if applicable.
The transfer of title and ownership of the Wankiamy Products will only occur after full payment of the purchase price.
On the other hand, the risk transfer will occur upon delivery of the Wankiamy Products, meaning the moment when the Wankiamy Products are handed over at the User delivery provided.
Cancellations & returns
We want you to be fully satisfied with your purchases. Therefore, if you are not satisfied with Wankiamy Products, we offer you the possibility of returning them free of charge and being reimbursed, through exercising your right of cancellation. However, we do not make any exchanges. (If you need to exchange a Wankiamy Product for a different size or color, the originally purchased Wankiamy Product must be returned and then a new Wankiamy Product ordered.
The User has 14 calendar days from delivery to exercise your cancellation right without the need to justify your reasons or to pay any penalties.
This time period runs from delivery of the products to you. When the 14-day period expires on a Saturday, Sunday or legal holiday, it will be extended to the following working day
To request a return, please access your account on the Website and go to the “Order History and Details” section.
1. Choose the order number that contains Wankiamy Product that you want to return and click on “Details”.
2. Follow the steps to choose your Wankiamy Product and provide a reason for the return.
3. We will contact you to arrange the collection of the return and will send you an email with the return shipping label to print and attach to the parcel.
Please reference the order and return numbers in your returns package.
You must return the Wankiamy Products to us in their original packaging, complete (with accessories, notice, labels, etc.) and a copy of the order.
The pre-paid shipping label can only be used for a return sent from a country on which we deliver.
The Wankiamy Products cannot be returned to any retail store and must be returned via this process unless you have requested pick up at store option.
In order to facilitate returns, we advise you to keep the copy of the return tracking number and of the shipping label validated by the shipping company that provides the specific date of your delivery.
As from the date on which you create your return on the Website, you have a net period of 14 calendar days to return your Wankiamy Products
We will reimburse you for returned Wankiamy Products at the invoiced price, according to the original method of payment, within a maximum period of 14 days following the date on which we acknowledge good receipt of your returned purchases and if they comply with our quality control review. Delivery and duties charges won’t be reimbursed. They will be withheld for partial returns.
You will receive an e-mail confirmation, once the Product returned and reimbursement executed. Only the person that placed the original order can initiate a return and a return cannot be initiated by another party that received the original order.
No reimbursement or exchange will be provided for any Wankiamy Products that are returned incomplete, ruined, damaged, deteriorated, soiled or that have been used. Wankiamy Products in such condition will be returned to You and no refund will be given.
You must ensure that the Wankiamy Products that have been delivered to you correspond to your order. In case the Products do not match the ones you have ordered, you must inform the Customer Service team (using the contact details given in the article "Claims” by telephone or by email and return the Product or Products in question, in accordance with the terms and conditions set out in the “Cancellation & Returns” section.
Despite the specific warranty terms and conditions that will be provided to you with the delivered Wankiamy Product, the Wankiamy Products that are offered on our Website are subject to the terms and conditions of the legal warranties set out Under the terms of the current legislation (Decree-Law no. 67/2003, of 8 April, with changes introduced by Decree-Law no. 84/2008, of 21 May) all products sold at www.wankiamy.com are covered by a guarantee of conformity of the goods corresponding to a period of 2 (two) years from the delivery of the goods.
It should be noted that the lack of conformity which appears within 1 year from delivery of the Wankiamy Products are presumed to have existed at the time of delivery. In case of non-compliance we will replace the Wankiamy Product and if that is impossible, we will refund the total cost of your order to you.
In case of hidden-defect, we will replace the Wankiamy Product and if that is impossible, we will refund the total cost of your order to you.
The performance of all or part of our obligations will be suspended in the event of an accident or natural disaster that prevents or delays their performance.
For any information, claims or questions concerning these General Conditions of Sale for purchases on our Website or the Wankiamy Products themselves, you can contact the Customer Service team, available from Monday to Friday, except public holidays) on 9h30 to 17h local Portuguese time, by phone : +351 915280410, by email email@example.com, or section “Contact Us” on our Website.
The provision of personal data marked as mandatory is necessary to enable Wankiamy to process and deliver orders. Only Wankiamy and its service providers involved in the execution of the order shall have access to such data.
The present general conditions of sale constitute the total agreement between the parties in reference.
If one of the clauses of the present conditions becomes null and void, due to a legislative, normative or sentence change, this should in no way affect its validity and respect.
All Wankiamy Products are valid up to the limit of available stocks.
Applicable Law and Competence
Portuguese law applies to the sales conditions presented. For the resolution of any dispute there is always the possibility of resorting to an arbitration entity.
The European Union has created a website to support consumers to submit their complaints about any dispute in which they are involved. In this context, Wankiamy makes available all the information so that you can exercise your right of complaint with an official entity, third and impartial to the process, which will help you to resolve the dispute in question. So, if you were dissatisfied with the purchase of a good or service on our website, or with the solution we presented to resolve the situation, you can access this official website and expose your dispute.
In the absence of resolution by agreement of the parties, any dispute arising from these General Conditions of Sale will be submitted to the competent Portuguese court.