Terms & Conditions


TERMS OF WEBSITE USE

ABOUT US

This Terms of Website Use (together with our Privacy and Cookie Policy and E-Shop Terms and Conditions provides our terms and conditions governing your use of our website, www.wengkomole.com, (our site).

WENGKO MOLE LTD (company registered in England and Wales under company number 09015265 and with its registered office at 590 Green Lanes, London, N13 5RY) (We, our or us) operates this site. Our trading address is 5 Cable House, Great Percy Street, London, WC1X 9QT, United Kingdom, VAT No:GB 252277213.

ABOUT OUR TERMS OF WEBSITE USE AND CHANGES TO IT

Please read these Terms of Website Use carefully before you start to use our site, as these will apply to your use of our site. We recommend that you print a copy of this for future reference.

By using our site, you confirm that you accept these Terms of Website Use and that you agree to comply with them. If you do not agree to these Terms of Website Use, you must not use our site.

We may revise these Terms of Website Use at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you from the date of such change.

CHANGES TO OUR SITE

We may update our site from time to time or change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our site, or any content on it, will be free from errors or omissions.

ACCESSING OUR SITE

Our site is made available free of charge. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

You agree to use our site only for lawful purposes.

YOUR ACCOUNT AND PASSWORD

If you choose, or you are provided with, a user identification code, password, account or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password or account, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of this Terms of Website Use.

If you know or suspect that anyone other than you knows your user identification code, password or account, you must promptly notify us at info@wengkomole.com.

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it including any content which you or other users upload to our site. You hereby agree to assign to us upon the creation and uploading of such content by you all intellectual property rights subsisting in such content now or in the future anywhere in the world and you agree to waive any moral rights which you may have in such intellectual property rights. The works on the site are protected by copyright and other intellectual property rights laws and treaties around the world. All such rights are expressly reserved to us.

You may print off one copy or may download an extract of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text without our prior written consent. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged by you.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these Terms of Website Use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

CONTENT

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date. We do not guarantee that our site will be secure or free from bugs or viruses. We recommend that you should use your own virus protection software.

Whenever you upload content to our site, or make contact with other users of our site, you must comply with the content standards set out in these terms. You will be solely responsible for and are the sole author of the content of any contribution you may make to our site. Any content you upload to our site will be considered non-confidential and non-proprietary. You are required to grant us a licence to use, store and copy that content and to distribute and make it available to third parties. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

To the maximum extent permitted by law we will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site. Any comment you may post must be genuine, accurate and lawful and must comply with the applicable law in the United Kingdom and in any country from which they are posted.

We reserve the right to remove or refuse to publish any posting you may make on our site if, we believe, your post does not comply with the content standards set out in these terms including those that may be unlawful, defamatory, racist or libellous, incite hatred or violence, detrimental to people, institutions, religions or to people's privacy, which may cause harm to minors, is detrimental to the trade marks, patents and copyrighted content, contains personal data, improperly uses the medium for promoting and advertising businesses.

LIMITATION OF OUR LIABILITY

Nothing in these Terms of Website Use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the maximum extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: use of, or inability to use, our site; or use of or reliance on any content displayed on our site.

If you are a business user: we will not be liable for: loss of profits, sales, business, or revenue, business interruption, loss of anticipated savings, loss of business opportunity, goodwill or reputation, or any indirect or consequential loss or damage.

If you are a consumer user: we only provide our site for domestic and private use.

You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

LINKING TO OUR SITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take unfair advantage of it and the website you are linking with is owned by you.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in these Terms of Website Use.

THIRD PARTY LINKS AND RESOURCES IN OUR SITE

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.

APPLICABLE LAW

Any matter that arise out of your use of our site (including any contract entered between you and us through this site) shall be governed by the laws of England and Wales and subject to the exclusive jurisdiction of the courts of England and Wales. All contracts are agreed to be concluded in English.

CONTACT US

If you wish to contact us for any other reason, including because you have any complaints, you can contact us by using the Contact Us page on our site or by e-mailing us at info@wengkomole.com.


E-SHOP TERMS & CONDITIONS

WENGKO MOLE LTD is a company registered in England and Wales under company number 09015265 with its registered office at 590 Green Lanes, London, N13 5RY) (We, our or us).

This E-Shop Terms and Conditions (together with our Privacy and Cookie Policy, and Terms of Website Use) give you information about us and the legal terms and conditions (Terms) on which we sell any of our products (Products) listed on our website, www.wengkomole.com (our site), to you.

ABOUT OUR E-SHOP TERMS AND CONDITIONS AND CHANGES TO THEM

These Terms will apply to any Contract (as defined below) between us for the sale of Products to you. Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site. We advise you to print a copy of these Terms for future reference.

We may amend these Terms from time to time, so every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time and the time of your order. We retain the right to vary these Terms without notice to you, however, the new terms will be uploaded to our site.

These Terms and any other contract between us are agreed to be only in the English language.

If you are a consumer: you may only purchase Products from our site if you are at least 18 years old.

If you are not a consumer or are a business: you confirm that you have authority to bind any person or business on whose behalf you use our site to purchase Products.

OUR PRODUCTS

The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images. Whilst we have tried our best to be as precise as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site are approximate but the Products we sell to you will match the model that you order, except to the extent that any differences are brought to your attention before you place your order.

PURCHASE OF PRODUCTS

Our E-Shop pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

After you place an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does NOT mean that your order has been accepted. Our acceptance of your order will not take place before we send you an e-mail confirming that the Products have been dispatched (Dispatch Confirmation). The contract between us will only be formed when we send you the Dispatch Confirmation (Contract). Timescales for delivery and delivery charges will vary depending on the availability of our products and your address. If we are not able to deliver the whole of your order at one time due to operational reasons or shortage of stock, we may deliver it in instalments but we will not charge you extra delivery costs for this. If we are unable to supply you with a Product (for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price or delivery information on our site), we will inform you of this by e-mail and we will not process your order and, if you have already paid for the Products and delivery, we will refund you your payment as soon as possible.

EXCHANGE AND RETURN

- You may want to return or exchange Products within 14 days after the receipt of the order, and return your unwanted Products within these 14 days, for a refund of the value of the Product only, or an exchange for the same Product in a different size, colour, based on stock availability.

- To return or exchange a Product, sign into your account, click on the "Delivery & Returns" page and download, print and complete the Return form or alternatively complete the Return form provided to you with your Product and send it with the Product you are returning. You also must return the unwanted Product within 14 days after its receipt to the address as indicated on the page or on the Return form.

- If you wish to exchange your Product for an alternative or a replacement Product, we suggest that you return it for a refund and purchase the new item separately from our e-shop.

- We will make any refunds for returned orders due to you as soon as possible and no later than 14 days after the day on which we receive the Product back from you. We will refund you for returned orders by the method originally used by you to pay for the order or this Contract (such as PayPal, debit or credit card). If you used vouchers to pay for the Product we may refund you in vouchers.

- Any jewellery items, must be returned in their original packaging otherwise we may not accept them and additionally pierced earrings' packaging must remain unsealed.

- Underwear, swimming costumes and bikini bottoms should be tried on over underwear. Returns may not be accepted if the strip has been removed or soiled.

All Products must be returned to Wéngko Molé unused and with all Wéngko Molé garment or other original tags still attached. Returns that are damaged or soiled will not be accepted and may be sent back to you and/or a refund refused.

CANCELLATION

(IF YOU ARE A CONSUMER (NOT A BUSINESS) BASED IN THE EU ONLY - CANCELLATION CONTRACT UNDER THE CONSUMER CONTRACTS REGULATIONS 2013 (CONSUMER)

- If you are a consumer (not a Business) based in the EU, in addition to any rights to return or exchange Products as set out in the EXCHANGE AND RETURN section further up, you have a legal right to cancel a Contract under the UK Consumer Contracts Regulations 2013. This means that until 14 days after the day on which you receive a Product, if for any reason you change your mind and decide that you do not want to receive or keep a Product, you can cancel your order or this Contract by notifying us of your decision to cancel the order or this Contract and you have in these circumstances a right to receive a refund. Your legal right to cancel an order or this Contract starts from the date of our Dispatch Confirmation and terminates on the date that is 14 days after the day on which you receive the Product.

- To cancel an order of this Contract, you need to let us know that you have decided to cancel by completing the Cancellation form on our site. If you use this method and comply with this Cancellation procedure then we will e-mail you to confirm we have received your cancellation and will cancel your order or this Contract. You can also e-mail us at info@wengkomole.com to cancel an order or this Contract setting out all details of your order. If you are using the emailing method without a completed Cancellation form, please include all details of your order so as to help us to identify it. If you send us your notice of cancellation by e-mail in compliance with these Terms, then your cancellation is effective from the date that you send us the e-mail.

- If a Product has been delivered to you before you decide to cancel your Contract, then you must return it by sending it back to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel your order or this Contract. Please see our Returns page for our returns address. You must complete the Cancellation form provided to you with the Product delivered to you or alternatively print it off from our site and send it with the Product from the order you are cancelling.

- If you cancel your order or this Contract by exercising your rights to do so under the Consumer Contracts Regulations 2013, we will refund you the price that you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted usually in a physical shop.

- For any cancelled orders delivered or to be delivered to a location in European Union, we will, in addition to the refund of the Product price, refund to you any delivery costs that you have paid, although, we are permitted by law to reduce your refund for delivery costs to a maximum of the cost of delivery of the Product by the least expensive delivery method available for delivery of the Product to you (even if you received the delivery of the Product originally by a more expensive method).

- We will make any refunds for cancelled orders due to you as soon as possible and no later than 14 days after the day on which we receive the Product back from you; or the day on which you provide us with satisfactory written evidence that you have sent the Product back to us; or, if you have not received the Product, 14 days after you inform us of your decision to cancel the order or your Contract.

- We will refund you for cancelled orders by the method originally used by you to pay for the order or this Contract (such as PayPal, debit or credit card). If you used vouchers to pay for the Product we may refund you in vouchers.

- Pierced earrings' packaging must remain unsealed and underwear, swimming costumes and bikini bottoms must be tried on over underwear and the strip must not be removed or soiled, otherwise orders or Contracts for these items may not be allowed to be cancelled under the Consumer Contracts Regulations 2013.

- Unless the Product is faulty or not as described, you will be responsible for the cost of returning any Products to us which are part of any order or Contract which you cancel.

- If you are cancelling your order under the Consumer Contracts Regulations 2013, and you have already received the Product, you must return the Product to Wéngko Molé unused and with all Wéngko Molé garment or other original tags still attached.

DELIVERY

We will contact you with an estimated delivery date after the date of the Dispatch Confirmation. Occasionally our delivery to you may be affected by an event outside our control and we will not be responsible for that delay or issue in such case. Delivery of an Order will be deemed completed when we deliver the Products to the address you gave to us for delivery and the Products will be your responsibility from that time. If no one is available at your address to take delivery, we may leave you a note asking you to contact us to rearrange delivery.

If you are a consumer and the Products you have ordered have not been delivered to you within 30 days after placing your order (or on the agreed date if the timing was essential and you told us this before we accepted you order or the agreed timing was clear from the circumstances) then you will be entitled to cancel your order and obtain a refund under the cancellation procedure (please look at our CANCELLATION section). You own the Products once we have received payment in full for them, including all applicable delivery charges. The Products will be transported to you at our risk until they are delivered to the address provided by you when you ordered them.

We will only deliver to the countries listed on our Delivery pages. If you order Products from our site for delivery to one of the countries outside this list, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. We have no control over these charges and we cannot predict their amount and you will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order. You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.

PRICE OF PRODUCTS AND DELIVERY CHARGES

Prices for our Products may change from time to time, but changes will not affect any order you have already placed unless there is an error in the price, in which case we will contact you.

The price of a Product includes value added taxes (VAT) as applicable at the applicable current rate chargeable in the United Kingdom for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.

The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.

For replacement Products, we will deliver them for free to consumers in the European Union. For replacement Products delivered to consumers outside the European Union, you will be responsible for all the delivery charges. You also be responsible for any costs in connection with import duty and tax charges that may apply to replacement Products that are delivered outside the United Kingdom. If you have any queries on those costs please contact us by e-mailing us at info@wengkomole.com or by telephoning us on +44 (0) 20 3737 3041.

HOW TO PAY

We currently only accept PayPal as a method of payment for Products. When selecting this option at checkout, you will be directed to the PayPal site to proceed with payment. You will have the option to 'Log In' or to pay directly by using your debit or credit card without signing up for a PayPal account. You should review the amount shown before clicking 'Pay Now'. Once this transaction is complete, you will then return to our site.

FAULTY PRODUCTS (FOR CONSUMERS ONLY)

If you have returned the Products to us under this because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us. Products that are damaged as a result of normal wear and tear are not considered to be faulty.

LIMITATION OF LIABILITY

(IF YOU ARE A CONSUMER)

Nothing in these Terms exclude liability for death and personal injury arising from our negligence or that of our employees and agents; for any breach of the implied terms of the sections 12 to 15 of the Sale and Goods Act 1979; and for defective products under the Consumer Protection Act 1987 or the Consumer Rights Act 2015. We do not seek to exclude our liability for fraudulent misrepresentation by us or our employees or agents or for our fraud or fraudulent misrepresentation or any other matter for which our liability cannot be limited or excluded under applicable law.

If we breach these Terms we shall only be liable for losses which are direct losses and a reasonably foreseeable consequence of such a breach. For any losses or damage to goods, we shall only be liable for losses or damage up to the total value of goods purchased and their delivery costs.

We are also not responsible for failure to meet any of our obligations under the Terms where such failure is due to events beyond our reasonable control.

Nothing in these Terms is intended to affect or limit your rights under the law. For more information about your rights contact your local Citizens Advice Bureau or Trading Standards Bureau.

(IF YOU ARE A BUSINESS)

We only supply the Products for internal use by your business, and you agree not to use the Product for any resale purposes.

Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation or any other matter for which our liability cannot be limited or excluded under applicable law.

We will not be liable whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for any indirect loss, direct and direct loss of profits, sales, business, or revenue or any indirect or consequential loss.

Our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products purchased and the costs of their delivery to you.

Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.

GENERAL TERMS

SEVERABILITY

- If any provision of these Terms is unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

ENTIRE AGREEMENT CLAUSE

- These Terms and our Privacy and Cookie Policy and Terms of Website Use constitute the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

- You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms, our Privacy and Cookie Policy or Terms of Website Use.

GOVERNING LAW AND JURISDICTION

This Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales. We and you irrevocably agree that the courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).

WAIVER AND VARIATION

- A waiver of any right or remedy under this Contract or law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party under this Contract to exercise any right or remedy will constitute a waiver of that or any other right or remedy, or prevent or restrict the further exercise of that or any other right or remedy.

- Except as set out in these Terms, no variation of these Terms, including the introduction of any additional terms and conditions shall be effective unless it is in writing and agreed by us.

THIRD PARTY RIGHTS AND DEALINGS

- A person who is not a party to this Contract will not have any rights to enforce its terms.

- We may at any time transfer or deal in any other manner with all or any of our rights or obligations under these Terms but you may not do so without our prior written consent.

CONTACTING US

If you wish to contact us for any other reason, including because you have any complaints, you can contact us by using the Contact Us page on our site or by e-mailing us at info@wengkomole.com.