Terms & Conditions
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (“Products”) listed on our website www.thewayw.com (“our site” or “Website”) to you. Please read these terms and conditions (“General Conditions of Sale”) carefully before ordering any products from our site. You should understand that by ordering any of our Products, you agree to be bound by these General Conditions of Sale.
You should print a copy of these General Conditions of Sale for future reference.
By placing your order, you accept these general conditions of sale. Please understand that if you refuse to accept these General Conditions of Sale, you will not be able to order any Products from our site. Once you will accept the following General Conditions of Sale, you will be defined hereinafter also as “Clients” or “Client” or “you”.
General conditions of sale
1. Information about us
1.1 www.thewayw.com is a site owned and operated by WAYW Retail Private Limited. with registered office at 241 4th Floor Rajanigandha Block 21 Garden Apartment Vittal Mallya Road Bangalore 560001 contact us at customercare@thewayw.com (“WAYW Retail Private Limited”).
1.2 The products offered on the Website are sold by WAYW Retail Private Limited. with sole shareholder, will sell the product directly to you.
2. Your status
2.1 By placing an order through our site, you warrant that:
(a) You are legally capable of entering into binding contracts;
(b) You are at least 18 years old;
(c) You are purchasing the Products for your own personal and non business use; and
2.2 Any personal data that we gather concerning you shall be used only in accordance with our “Privacy Policy"
3. Execution of the contract
3.1 The price and essential characteristics of each Product (along with the relevant Product codes) are displayed on our site.
3.2 Before submitting an order through our site, you shall read carefully all the instructions provided during the purchase procedure (also with regard to the right of withdrawal conditions, the delivery charges and the privacy policy statement), along with these General Conditions of Sale.
3.3 In order submit an order, you could purchase as a guest or as registered user on the website www.thewayw.com.
3.4 To purchase a Product, Client must (i) include the selected Product in the “Shopping Bag” by clicking on the relevant button, (ii) fill in the order proposal, (iii) select the payment manner, (iv) accept the General Conditions of Sale and the Privacy Policy and (v) send the order proposal to our site. After completion of the purchase procedure described above the Client will receive a transactional email as proof of purchase of the Products (“Order Confirmation”). In case of return of the Products as per clauses 8, 9 and 10 below, the Client will be required to provide the number of the Order Confirmation and with the email address used by the Client to effect the purchase of Products as resulting from the same Order Confirmation in accordance with the procedures described in the above mentioned clauses.
3.5 Sending of the order constitutes an offer to purchase the selected Product, regulated under these General Conditions of Sale and binding for the Client (with no prejudice to the withdrawal right under Article 9). Submitting the order proposal by the Client implies the obligation of the latter to pay the price of the ordered Product(s).
3.6 Any error/change in data entered by the Client in the order proposal may be validated by the latter, following the process described on our site, before submitting the order proposal (by way of example: Client may change the quantity of Products that intend to purchase by adding or removing one or more Products from its “Shopping Bag”).
3.7 Without prejudice to the use of data described in the Privacy Policy, the order proposal and the Client’s data related to that order proposal may be kept by WRPL for the period required by applicable legislation.
i. the Products are not available (with no prejudice to the provision set out under clause 3.11, 4.2, 4.3); or
ii. a reported, or suspected, fraudulent or illegal activities, including suspected purchases for commercial purposes;
3.9 The contract will relate only to those Products whose dispatch or supply we have confirmed in the Order Confirmation.
3.10 Without prejudice to what set forth in clause 3.8, the contract between WRPL and the Client is executed upon receipt by the Client of the acceptance by WRPL of the order proposal sent through the process set out on our site through the Order Confirmation.
3.11 Despite the Order Confirmation, in case of unavailability of one or more of the ordered Products, the Client will receive an e-mail duly informing him about the unavailability of the Products. In this case, the order proposal will be cancelled or partially accepted just in relation to the available Products. In case of partial acceptance, the Client shall pay (or shall be charged, in case of payment through the credit card) only the price of the available Products.
3.12 The Order Confirmation will include a summary of the essential characteristics of the purchased Products, a detailed indication of the price and modalities of payment, information on the conditions and methods to exercise the right of withdrawal (including information on the exclusion of the right of withdrawal for personalised Products), information on delivery charges, the address to which complaints may be addressed, information on support services and on existing commercial terms and a copy of these General Conditions of Sale.
4. Availability and product’s information
4.1 Information on Products (along with the relevant Product codes) and relevant prices are available on our site.
4.2 The Products available on our site are a selection of items. Furthermore, we do not guarantee that any of the Products shown on our site will be in stock. Pictures of the Products displayed on our site may not correspond entirely to their actual appearance; the Client shall therefore rely exclusively on the description of the Products and their characteristics as mentioned in our site.
4.3 WRPL reserves the right at any time to limit quantities and/or type of Products available on the Website. The style, models and colors of the Products described may be changed without notice. During the purchasing process, an automatic response will inform the Client if the order cannot be processed due to the unavailability of the ordered Product; WRPL is not liable towards the Client in case of unavailability of the Product.
4.4 The maximum number of pieces for each Product included by the Client in the order proposal is five pieces for SKU and twenty-five pieces for each Purchase Order.
4.5 In no case WRL shall be liable for errors occurred due to failure of the Client’s connection to the Website. Furthermore, WRPL will not take any responsibility in regard to the Client under the following circumstances, regardless of the reason for the damages, the cause, the nature of the damages, or the results:
(a) any damages caused by the suspension or stoppage of the operation of our site;
(b) any damages resulting from a third party hacking our site and changing the information that
it provides.
5. Transport and delivery
5.1 Your order will be fulfilled by the delivery date set out in the Order Confirmation or, if no delivery date is specified, then within a reasonable time as of the date of the Order Confirmation, unless there are exceptional circumstances. The delivery date will be arranged by us in accordance with our operators in the area of the delivery and will vary based on the delivery address, type of Products and other relevant factors. Products shall be delivered to the address indicated by the Client in the order proposal. WRPL shall not deliver to:
(a) PO boxes.
(b) lodging facilities such as hotels or inns, public facilities, airports and ports;
(c) entities or individuals which provide products forwarding services to overseas; or
(d) any other locations where WRPL reasonably determines that the address of the customer is unknown.
5.2 For each order, upon Client’s request, WRPL could invoice the price of Products by email to the Client, pursuant to the applicable laws and regulations. The invoice will be based upon the information provided by the Client at the time of the order. No alterations to the invoice are possible after the invoice has been issued.
5.3 Delivery charges shall be borne by the Client and are indicated separately on the order form.
5.4 The purchased Product shall be delivered by a courier service selected by WRPL (hereinafter “Courier”); the purchased Products will be delivered on working days (thus excluding Saturdays, Sundays and local or national holidays) within a maximum of 30 (thirty) days from the date of the Order Confirmation (except that a force majeure event or unforeseeable circumstance occurs). In case the delivery has not occurred within the above indicated term the Client, by sending an e-mail to the e-mail address customercare@thewayw.com.com, may provide WRPL with a further 7 (seven) days term (or such additional period of time – if any - as may be required by the relevant applicable law, or reasonable in the circumstances) to deliver the Product, provided that, in case of failure to comply with such term, the Client shall be entitled to repudiate the contract and WRPL, through WRPL, shall, without undue delay, reimburse all sums paid under the contract.
5.5 At the time of delivery of the Products by the Courier, the Client (or a nominated representative) is required to verify:
(a) that the addressee indicated on the delivery note is correct; and
(b) that the packaging and its seals are intact, undamaged, not wet or altered in any manner.
5.6 Any damages to the packaging and/or the Product(s), or discrepancies in the addressee references or documentation must be immediately indicated in writing to the Courier’s delivery note. Except to the extent permitted under applicable laws, once the Courier’s document has been signed and no objection has been raised by the Client, the Client may not make any objection to the exterior characteristics of the delivered parcel provided that the Client is entitled to subsequently raise objections in relation to the any other features related to the Product(s) in accordance with the conditions set forth under clause 9 below.
6. Shipping confirmation
6.1 WRPL or the Courier, will send to the Client a shipping confirmation via e-mail once the Products are dispatched.
7. Risk and title
7.1 The risk of loss of or damage to the Products shall pass to the Client when the Client (or a third party indicated by the Client and other than the carrier) has acquired the physical possession of the Product.
7.2 Ownership of the Product(s) will only pass to you when we receive full payment of all sums due in respect of the Product(s), including delivery charges.
8. Consumer rights
8.1 In addition to right granted under clause 9, you may cancel a contract for a Product at any time within thirty calendar days for Products purchased at full price and within fourteen calendar days for discounted Products, beginning on the day after you received the relevant Products (the Cancellation Period). In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 10 below). To cancel a contract, you
must inform us in writing within the Cancellation Period.
8.2 Without prejudice to right granted in clause 9, the right of withdrawal provided in clause 8. does not apply for personalised Product, such as, for example, those with the Client’s initials engraved on the Product.
9. Lack of conformity
9.1 If a Product sold by WRPL has manufacturing defects or in any case of alleged lack of conformity of Products sold by WRPL, you must notify us of the defect using the following page: customercare@thewayw.com
9.2 The legal guarantees established by Articles 129, 130 and 132 of the Consumer Code as defined below, apply to the sale of the Products. Under these Articles, you have the right, free of charge, to get the Product repaired (or replaced) within the limits provided by the law, or, in case of failure of one of the remedies above (according to Article 130, para 7, of the Consumers Code), to have an appropriate reduction in the price of the Products, or the contract cancelled. You lose these rights if you fail to notify WRPL of the lack of conformity within 2 (two) months from the date on which you detected such lack of conformity. In any event, actions intended to assert a lack of conformity not maliciously concealed by WRPL shall automatically lapse 26 (twenty-six) months after the delivery of the Products. Delivery costs for returning the Product to be repaired or replaced under this clause, shall be borne by WRPL, as well as any costs related to the delivery to you of the repaired or replacing Product.