Welcome to our UWISHU.COM online store (the “UWISHU.COM online store” or the “Online store”).
UWISHU.COM online store (“UWISHU.COM online store”, “we”, “us” or “our”) provides the services available on the Online store to you subject to the following terms and conditions (the “Terms and Conditions”). By accessing or using the Online store, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions. Please note that if you visit one of our other regional Online stores, you are subject to the terms and conditions applicable for that Online store and we suggest that you consult such terms and conditions.
- About UWISHU.COM online store
UWISHU.COM is an online store where you can get the best product delivery and service including products like electronic devices, pet products, software and kitchenware etc. Get amazing business transaction, convenient and satisfying.
To be eligible to purchase products on this Online store and to lawfully enter into and form contracts on this Online store under English law you must: (a) provide your contact and address details on the Online store; and (b) be the holder of a valid debit/credit card or paypal account.
- Applicable law:
This Online store is created and controlled by UwishU. The laws of Australia, Europe and US with regionals areas shall apply and courts in Melbourne alone shall have jurisdiction in respect of all the terms, conditions and disclaimers. UwishU reserves the right to make changes to the web Online store and the terms, conditions and disclaimers at any time and without information to the customers/users of the services/web Online store of UwishU.
- Product Descriptions
Products may not be available or as described. Length, width might error to measuring. We endeavor to ensure that details, descriptions, images and prices of products appearing on the Online store are correct at the time when the relevant information was entered onto the system; however, to the extent permitted by law, we do not warrant that the product descriptions, colours or other content available on the Online store are accurate, complete, reliable, current, or error-free. Information may be out of date. Although we aim to keep the Online store as up to date as possible, the information including product descriptions appearing on this Online store at a particular time may not always reflect the product exactly at the moment you place an order. We cannot confirm the price of a product until your order is accepted in accordance with our order acceptance policy. See Section 8 below.
- Purchase Related Policies
Personal use only
The products and services available on the uwishu Online store, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples thereof, you purchase or otherwise receive from us. Please note that samples are subject to availability.
Our right to cancel your order
If we reasonably believe, in our sole discretion, that your completion of your order may result in the violation of our Terms and Conditions we may, with or without notice, to cancel or reduce the quantity of your order.
Our policies form part of these terms and conditions
All prices indicated for products available via the Online store are exclusive of GST (where applicable) at the current rates and are exclusive of delivery charges. The total cost of your order is the price of the products ordered and delivery charges as set out in the Delivery section of the Online store.
- Placing an Order and Order Acceptance
You will be guided through the process of placing an order by a series of simple instructions on the Online store. You will be offered the opportunity to review your proposed order and confirm or correct it prior to finally placing your order. You place your order request for products from the UWISHU.COM online store Online store by clicking on the Submit button at the end of the on-line order process.
Once you have placed your order, we will send to you an email acknowledgement providing you with the details and value of your order, which has been debited to your credit/debit card or PayPal account. This is not an order acceptance from UWISHU.COM online store Online.
If we are unable to fulfill your order following our order acknowledgement, we will contact you by email or telephone advising you of this.
You pay using a Debit/Credit Card, PayPal. You confirm that the credit card, debit card or PayPal account that is being used is yours.
All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses or does not, for any reason, authorise payment to us, whether in advance or subsequent to a payment, we will not be liable for any delay or non-delivery.
Your CCV or sometimes called CVC number ( Credit Card Verification number ) is requested during your payment processing application form online as this number is only found on the physical card, not any receipts or imprints from manual ‘click clack’ machines. Although this doesn’t guarantee the card has not been stolen it does assure us that the person placing the order has the card with them at the time of the order and is an additional security feature required for your safety.
You simply need:
A debit card or credit card or PayPal
To be over 18 years of age
To live in country we ship to.
- Title to products
We will retain the legal ownership of the products until the later of dispatch of the products to you and full payment for the products being received by us. Legal ownership of the products will immediately revert to us if we refund any such payment to you.
- Risk of Loss
Risk in the products will pass to you upon delivery to you.
We will deliver the products in accordance with the delivery option selected by you during the order process. See DELIVERY SECTION. Any delivery times quoted to you are indicative only. Orders may be delivered in one or more parts. To the extent permitted by law, we do not accept any liability whatsoever for delayed delivery caused by any third party.
- Acceptance of products
Upon receipt, you must inspect the products. You will be deemed to have accepted the products unless you notify us that you have return the products in accordance with the RETURNS POLICY.
If no such action is taken, to the extent permitted by law, we shall not be obliged to accept any rejection of the products at a later date. If you have not received the entire order as detailed in the order confirmation email sent to you when an order is received, please contact Customer Services by EMAILING US HERE.
- Intellectual Property
All content available on the Online store, including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation thereof (collectively, the “Content”) is the property UWISHU Pty Ltd, its affiliates, our partners or our licensors, and is protected by United States, Australian and international copyright laws. The trademarks, logos, and service marks displayed on the Online store (collectively, the “Trademarks”) are the registered and unregistered marks of UWISHU Pty Ltd, its affiliates, licensors or partners, in Australia, Europe, US and other countries, and are protected by United States, Australian and international trademark laws. All other Trademarks not owned by us, our affiliates, partners or licensors that appear on the Online store are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. Except as set forth in the limited license in Section 15 below, or as required under applicable law, neither the Content, the Trademarks, nor any other portion of the Online store may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent.
- Limited License
We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Online store. This limited license does not include the right to: (i) frame or utilise framing techniques to enclose the Online store or any portion thereof (ii) modify or download the Online store or its contents (except caching or as necessary to view content); (iii) make any use of the Online store or its Content other than personal use; (iv) create any derivative work based upon either the Online store or its Content; (v) collect account information for the benefit of another party; (vi) use any meta tags or any other “hidden text” utilising our name or the Trademarks; or (vii) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. We also grant you a limited, revocable, and non-exclusive license to create a hyperlink to the home page of the Online store for personal, non-commercial use only. A web Online store that links to our Online store (i) may link to, but not replicate, our Content; (ii) may not imply that we are endorsing such web Online store or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content that is lawful and appropriate for all ages; (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; (vi) may not use any Trademark without express written permission; and (vii) may not link to any page of the Online store other than the home page. We may, in our sole discretion, request that you remove any link to the Online store, and upon receipt of such request, you shall immediately remove such link. Any unauthorised use by you of the Online store terminates the limited license set forth in this Section 15 without prejudice to any other remedy provided by applicable law.
- Your Obligations and Responsibilities
- Your Account
You must protect your password
You are responsible for maintaining the confidentiality of your account and password and for taking all reasonable measures to prevent unauthorised access to your account.
You agree to accept responsibility for all activities that occur under your account or password.
Report any loss of password to us
If you have reason to believe that your password has become known to somebody else, or is likely to be used in any way that is unauthorised by you, you should contact us immediately. If you forget your password we will reset it upon your request and send it to the email address, which you specified when you registered.
Our right to cancel your account
If you violate these Terms and Conditions or if we reasonably decide it would be in UWISHU.COM online store Online’s best interests to do so. We reserve the right to refuse service and/or terminate accounts without prior notice.
- Third Party Links
We are not responsible for the content of any off-Online store pages or any other Online stores linked to or from the Online store. Links appearing on the Online store are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-Online store pages or other Online stores is at your own risk.
We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-Online store pages or any other Online stores linked to or from the Online store, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and Online stores, including, without limitation, their privacy statements and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-Online store pages and other Online stores that you visit.
Submissions not confidential
It is our policy to decline unsolicited suggestions and ideas. Any solicited or unsolicited enquiries, feedback, suggestions, ideas or other information you provide us (collectively, “Submissions”) will be treated as non-proprietary and non-confidential.
Rights you give us by making a submission
Representations and warranties by you in relation to the Submission
If you make a Submission, you represent and warrant that it is true and accurate and that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from or in connection with your claims to any rights in any Submission.
- Limitation of Liability
No representations or warranties
THE Online store IS PRESENTED “AS IS.”
TO THE EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE Online store, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
Exclusion of loss caused by certain things
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY
(a) INTERRUPTION OF BUSINESS;
(b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE Online store;
(c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION;
(d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-Online store LINKS ON THE Online store;
(e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE Online store, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY Online stores;
(f) ANY INACCURACIES, OMISSIONS OR MISLEADING, FALSE OR DECEPTIVE STATEMENT IN THE CONTENT; OR
(g) EVENTS BEYOND OUR REASONABLE CONTROL.
Exclusion of certain types of loss
TO THE FULLEST EXTENT PERMITTED BY LAW WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (OR ANY LOST PROFITS) RELATED TO THE Online store REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Cap on Liability
IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS AS APPLICABLE OR THE VALUE OF THE products ORDERED, WHICHEVER IS GREATER.
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand resulting from your use of the Online store. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
If you wish to complain about any matter in respect of the products please contact Customer Service by EMAILING US.
Your use of this Web Online store and any purchase by you of any products from UWISHU.COM online store shall be governed by Australian, Europe and US law and the parties hereto submit to the exclusive jurisdiction of the law courts.
We may amend these Terms and conditions
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Online store. Any changes are effective immediately upon posting to the Online store.
Your continued use of the Online store constitutes your agreement to all such terms and conditions. You agree to comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Online store.
PERMISSION TO USE YOUR INFORMATION
We have the permission to use your information but not in any disrespectful way.
After registration, We are allowed to subscribe you to after our email list and have right to send you mails and letters concerning this store and relevant information about us.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us.
A failure to enforce is not a release of rights
Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. No failure to exercise and no delay on the part of either party in exercising any right, remedy, power or privilege of that party under these Terms and Conditions and no course of dealing between the parties shall be construed or operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Reviews, Comments, Communications, and other Content:
Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. UwishU reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant UwishU and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant UwishU and its affiliates and sub-licenses the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify UwishU or its affiliates for all claims resulting from content you supply. UwishU has the right but not the obligation to monitor and edit or remove any activity or content. UwishU takes no responsibility and assumes no liability for any content posted by you or any third party.
Rights are cumulative
The rights and remedies provided by these Terms and Conditions are cumulative and are not exclusive of any rights or remedies provided by law.
License and Online store Access:
UwishU grants you a limited license to access and make personal use of this Online store and not to download (other than page caching) or modify it, or any portion of it, except in case UwishU gives consent for the same. This license does not include any resale or commercial use of this Online store or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Online store or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Online store or any portion of this Online store may not be reproduced, duplicated, copied, sold, resold, viOnline stored, or otherwise exploited for any commercial purpose without express written consent of UwishU. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of UwishU.com and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” and UwishU’s name or trademarks without the express written consent of UwishU. Any unauthorized use terminates the permission or license granted by UwishU. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of UwishU as long as the link does not portray UwishU, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter or having a right to ownership of the same in any form. You may not use any UwishU logo or other proprietary graphic or trademark as part of the link without express written permission.
Time not of the essence
Time shall not be of the essence of these Terms and Conditions as regards any of the times, dates and/or periods mentioned herein.
If a term is unenforceable
In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
If you have any questions regarding these Terms and Conditions, please CONTACT US.
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