These terms and conditions (together with the information and policies contained in the "Customer Service" pages on the website and any other documents referred in these terms and conditions) ("Terms and Conditions") set out the legal terms that apply to your use of our website http://us.wconcept.com, any of its sub-domains and any other websites operated by us or on our behalf and any mobile device application or desktop application developed by us or on our behalf (together, the "Websites" and “Website” being a reference to any one of them) and the other services that we provide (the "Services").
Please read these Terms and Conditions carefully and make sure that you understand them before using the Services. Please note that by using the Services, you agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you will not be able to use the Services and you should leave the Website immediately. If you continue to use the Website or if you order products, we will take this as your acceptance of these Terms and Conditions.
1) Understanding these Terms and Conditions
When certain words and phrases are used in these Terms and Conditions, they have specific meanings (these are known as 'defined terms'). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of the Terms and Conditions where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).
When we refer to "we", "us" or "our", we mean W concept USA INC. Where we refer to "you" or "your" we mean you, the person using the Services.
We have used headings to help you understand these Terms and Conditions and to easily locate information. These Terms and Conditions are only available in the English language. We will not file copies of the contracts between us and you relating to our supply of the Services, or between you and the Partners relating to the sale of the products, so we recommend that you print or save a copy of these Terms and Conditions for your records (but please note that we may amend these Terms and Conditions from time to time so please check the Website regularly, and each time you use the Services to order products, to ensure you understand the legal terms which apply at that time).
2) About us
We are W concept USA INC. and we operate the Website. We are a company registered in New Jersey, US. and our registered office is at 270 Sylvan Ave. Ste. 2240 , Englewood Cliffs, NJ 07632. Our registered company number is TAX ID number is 47-5389193.
We provide the Services to you through the Website. When you purchase products using the Website, you are purchasing them from the third party retailers ("Partner(s)") named on the Website. It is important that you understand that the contract for the purchase of the products is between you and the relevant Partner. We are acting as the agent on behalf of the Partners, which are the principals. Therefore, you are not purchasing the products directly from us.
We act as an online marketplace that allows designers and boutiques (collectively, "Sellers") a platform to advertise and sell apparel, fashion accessories, handbags, and shoes to buyers ("Buyers") like you. We are not directly involved in the transaction between Buyers and Sellers and is not liable for any such transaction. We have no control over the quality, safety, or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of Sellers to sell items or the ability of Buyers to pay for items. We will, however, use its best efforts to work with you and a Seller to resolve any dispute you may have with respect to a product you purchased using this website.
We are authorized by the relevant Partners to conclude the contract on their behalf but we are not a party to that contract and you are not purchasing the products directly from us. Further details about the products, the Partners and the contract between you and the Partners in relation to your purchase of the products are set out in sections 5), 6) and 7) below.
3) Our Services
The Services we offer allow you to search through the Website and purchase products from Partners and brands worldwide. As part of the Services, we also provide some ancillary services such as providing you with customer service assistance without charge. However, as stated above, the contract for the purchase of the products is between you and the relevant Partner. This means that it is the Partner (not us) who is legally responsible for selling the products to you. Please note that the delivery logistics service is being provided by Partners to you and as such you are entering into a contract for delivery services provided by Partners. We may make a charge for these services which will be shown at checkout and prior to your purchase of the products. Your contract with Partners is concluded once the products have been delivered to you by the courier or have been collected by you from the Partner.
W Concept does sell products for children, but will only sell such products to adults, who can purchase with a credit card. If you are under 18, you may use W Concept only with involvement of a parent or guardian. W Concept reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
4) Our liability to you in relation to the Services
If, in providing the Services to you, we fail to comply with these Terms and Conditions, we will be held responsible for any loss or damages you suffer, that is a foreseeable result of our breach of these Terms and Conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you started using the Services.
5) The products
We attempt to be as accurate as possible in the description of the products displayed on the Website. However, as the descriptions are based on information provided to us by the Partners (who remain responsible for them), we cannot guarantee that all details are always accurate, complete or error free. Please contact our Customer Service Advisors if you would like more information about a product. The images of the products on the Website are for illustrative purposes only, and although we attempt to display colors accurately, we cannot guarantee that your computer's display of the images accurately reflect the true color of the products.
All features, content, specifications, products, services, and prices described or depicted on this website are subject to change at any time without notice.
We do not allow Partners to offer flawed items or products of lower quality than the corresponding market standards for sale on the Website. If an item you have ordered is not as described, is flawed or of a lower quality, you can return it to us and we will liaise with the Partner on your behalf. Items must be returned within 14 days. A Return Shipping fee of $12 will be deducted from your refund unless your item qualifies for a free return (defective item).
The products sold by the Partners are supplied for your domestic and private use only. You agree that you will not use the products for any commercial, business or re-sale purposes. Neither we nor the Partners have any liability to you for any loss of profit, loss of business, interruption of business, or loss of business opportunity.
Cosmetics Product Information
The products displayed on the Sites can be ordered and delivered only within the U.S. and certain select countries. See “Order & Shipping” section for more information. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by W Concept.
All material and information presented by W Concept is intended to be used for personal educational or informational purposes only. The statements made about products have not been evaluated by the U.S. Food and Drug Administration and the results reported, if any, may not necessarily occur in all individuals. The statements and products sold through W Concept are not intended to diagnose, treat, cure or prevent any condition or disease. The results reported, if any, may not necessarily occur in all individuals.
Please consult with your own physician or health care practitioner regarding any suggestions and recommendations made at the Site. If any minor uses any goods or product from W Concept it should be only after the legal or parental guardian has discussed the product with the minor's doctor.
All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions. Use of the Sites is not meant to serve as a substitute for professional medical advice: these Sites are solely online stores. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Sites before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. W Concept does not give or intend to give any answers to medical related questions and these Sites do not replace any medical professional or medical resource. W Concept does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Sites. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY. About the color information, While W Concept has tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.
6) Partner Boutiques
As explained above, the contract for the purchase of the products is between you and the relevant Partner. We are acting as the agent and are authorized by the relevant Partner to conclude the contract on its behalf but we are not a party to that contract and you are not purchasing the products directly from us.
We request that all Partners using the Website have and maintain reasonable business policies which comply with our own business policies. We cannot, however, be responsible for the Partners’ business policies. If you are unhappy with the product or service you have received from a Partner, you should contact us and we will liaise with the relevant Partner on your behalf to try and resolve the issue.
7) Orders, prices and payment
By completing the checkout process and placing an order by clicking the "Place Order" button on the checkout page, you are complying to purchase the products from the relevant Partner (and not directly from us). Your order for the products is subject to these Terms and Conditions which are incorporated into the contract between you and the relevant Partner
To order products you must be over 18 years of age and possess a valid credit or debit card. By placing an order, you are consenting that all details you provide are true and accurate, that you are over 18 years of age, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds in the account to cover the cost of your order.
The Website allows you to check your order and correct any errors before completing a purchase. Please take the time to read and check your order at each page of the order process as you are responsible for ensuring that the information you provide is accurate (for example, the correct products, quantities, size, color, price, shipping fee, import duties, etc.).
(a) Formation of the contract between you and the Partner(s). The identity of the Partner is shown o on the “Additional Information” page when items are added to your cart.
When you place an order, you will receive an email confirming receipt of your order. This email is only an acknowledgement for information purposes and it does not constitute acceptance of your order by the Partner. The contract between you and the Partner in relation to the products will not be formed until we have checked that the Partner accepts your order.
When your payment has been confirmed, and status changed to “Successfully Charged”, this concludes the contract between you and the Partner.
(b) Except where noted otherwise, the List Price displayed for products on our Web site represents the full retail price listed on the product itself, offered by Partners
With respect to items sold by W Concept, we cannot confirm the price of an item until you order; Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
If we discover an error in the price of any products that you have ordered, we will inform you of this as soon as possible and, acting on behalf of the Partner, give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, your order will be treated as cancelled. If you cancel and have already paid for the products, you will receive a full refund as soon as possible. Delivery costs are not included in the prices and will be charged in addition. The delivery costs applicable to your order will be clearly displayed at checkout before you place your order
Depending on your delivery address, different taxation rules and additional charges may apply. If you are shipping items from a Partner outside of your territory, you may need to pay import duties upon receipt of the products. neither we nor the Partner have any control over these charges, and we cannot advise on their amount. You will be responsible for payment of any such import duties and taxes that are not included.
For US customers, sales tax will be applied accordingly to your state of residence. Sales tax is calculated and added to your total at the 'check out' page, based on your shipping address.
(c) When you submit your order, we carry out a standard pre-authorization check on your payment card on behalf of the relevant Partner, and products will not be dispatched until the details you have provided are verified.
Once we have verified your payment details and the Partner has accepted and approved your order for delivery, we will email you to inform you of this. In the unlikely event that we or the Partner encounter a problem when processing your order, we will contact you and may possibly request further information to try and resolve the issue.
We reserve the right not to submit your order to the Partner, and the Partner reserve the right not to accept your order if, for example, the product ordered is out of stock, has been withdrawn or is otherwise not available, or if we are unable to obtain authorization for your payment or if you do not meet the eligibility criteria (e.g. you are under 18).
The Partners are to supply delivery services to you, and we will try to ensure that your order is delivered by the estimated delivery date if given, however circumstances may occur where delivery is delayed due to events beyond our reasonable control. If this happens, we will try and arrange for your products to be delivered as soon as possible, but we and Partners will not be liable to you for any losses caused as a result of such delays. Shipping fees will be shown on the checkout page.
All items marked as "Overseas Items" ARE NOT ELIGIBLE FOR EXPRESS SHIPPING. We are unable to provide express shipping services for our Products marked as Overseas Items.
"Overseas Items" require additional time for processing, in addition to transit time.
- Overseas Items: PRIORITY (3-7 business days)
- Overseas Items: STANDARD (5-10 business days)
- Overseas Items: PRE-ORDER (10-20 business days)
- Overseas Items: MADE TO ORDER (13-22 business days)
W Concept is not responsible for delays in shipping or delivery due to natural and or uncontrollable events. Additionally, W Concept is not responsible for delays related to the courier itself (such as customs clearance). Unfortunately, we do not have control over these delays. The Shipping status may be changed to “Delivered” automatically after 10 days from the release of your tracking number.
W Concept chooses to ship items within your order separately, as they are readied. We will partially ship items from your order that are fully processed and ready to be shipped. This is so you will not have to wait for your entire order to be ready, before receiving any of your items. Please refer to the Estimated Delivery Date (provided for each item in your order).
9) Our Website
This section sets out the rules that apply to your use of the Website (whether or not you use it to order products or just to browse). By using the Website, you agree to these rules. If you do not agree to these rules, you are not permitted to use the Website and should exit immediately.
(a) Access to the Website
The Website is made available free of charge and you are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and Conditions, and that they comply with them.
Access to the Website is permitted on a temporary basis and does not include any commercial use of the Website or its contents. You must not reproduce, copy and/or exploit the Website for any commercial purposes without our prior written consent.
We reserve the right to withdraw or amend the Website without notice and, from time to time, we may restrict access to all or parts of the Website. We will not be liable to you if, for any reason, the Website is unavailable at any time or for any period.
When you visit the Website and/or submit an order, you are communicating with us electronically and agree that all agreements, notices, disclosures and other communications that we send to you electronically (whether on our behalf or on behalf of the Partners) satisfies any legal requirements that same communications be in writing.
You must not use the Website in any way that causes, or is likely to cause, the Website, or access to it, to be interrupted, damaged or impaired in any way. You understand that you are responsible for all electronic communications and content sent from your computer to us, and must use the Website for lawful purposes only.
You must not use the Website for any of the following:
In any way that breaches any applicable local, national or international law or regulation. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect. To send, use or reuse any material that is: (i) illegal, offensive, abusive, indecent, defamatory, obscene or menacing, and/or (ii) in breach of copyright, trademark, confidence, privacy or any other right, and/or (iii) otherwise injurious to third parties, and/or (iv) objectionable, and/or (v) which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam". To cause harm, annoyance, inconvenience or needless anxiety to any person.
Breaching these provisions, We, in compliance with any enforceable law or public order, will report any such breach to the relevant law enforcement authorities and disclose your identity to them. If you breach any of the Terms and Conditions and/or any Third Party Products and Services’ terms and conditions, you will indemnify us in full against all costs, expenses, liabilities, damages and losses (excluding any indirect, incidental or consequential loss), including any interest, fines and legal or other professional fees and expenses awarded against or incurred or paid by us and/or any member of our group as a result of or in connection with your breach.
Reviews, Comments, Communications, and Other Content
Where this site permits, visitors may post reviews, comments, and other content; send communications and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of 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 content. W Concept 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 W Concept a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable 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 W Concept and its sublicensees 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 W Concept for all claims resulting from content you supply. W Concept has the right but not the obligation to monitor and edit or remove any activity or content. W Concept takes no responsibility and assumes no liability for any content posted by you or any third party.
(c) Third Party Products and Services on the Website
The Website may contain services and/or products (including add-ons and applications) offered by third parties other than our Partners (the “Third Party Products and Services”). Your use of these Third Party Products and Services may be subject to additional terms and conditions which we recommend you review before first using such Third Party Products and Services and continue to review for any changes. We disclaim any responsibility or liability for or in connection with your use of any Third Party Products and Services. We reserve the right to suspend, withdraw, terminate and/or amend your access to the Websites and/or Services, including but not limited to Third Party Products and Services, in the event that you breach any Third Party Products and Services’ terms and conditions. Use of Third Party Products and Services is entirely at your own risk.
We make no guarantee that any or all features of the Websites, Services or Third Party Products and Services will work on any particular device.
We are happy to allow you to link to the Website but you must do so in a way that is fair and legal and will not damage our reputation, or take advantage of it (such as by using a link to suggest any form of association or endorsement by us). We reserve the right to withdraw this permission at any time and, if instructed to remove a link to the Website, please do so immediately.
Where the Website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources and such links should not be interpreted as an 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.
(e) Our liability in relation to the Website
We may update or change the Website or its contents at any time but we are under no obligation to do so. Please note that this means any of the content on the Website may be out-of-date at any given time. The content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely. We make no representations, warranties or guarantees, whether expressed or implied, that the Website, or any content on it, is accurate, complete, up-to-date or will be free from errors or omissions. To the fullest extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website, or any content on it, whether expressed or implied.
We will not be liable to you or any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with: (i) use of, or inability to use, the Website; or (ii) use of or reliance on any content displayed on the Website.
Please note that we only provide the Website for domestic and private use and, as such, 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 the Website or to your downloading of any content on it, or on any website linked to it.
11) Intellectual property, software and content
We are the owner or the licensee of all intellectual property rights on the Website and its content (such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software including the presentation and compilation of the same) ("Content"). The rights in the Website and the Content are protected by international copyright laws as well as by any relevant national law concerning copyright, authors' rights and database right laws. All such rights are reserved.
You must not systematically extract and/or re-utilize parts of the Website or the Content. In particular, you must not use any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization, any substantial parts of the Website. You must not create and/or publish your own database that features substantial parts of the Website (e.g. our prices and product listings) without our prior written consent.
12) Other important information
Severability - Each of the sections and paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sections and paragraphs will remain in full force and effect.
Waiver - If you breach these Terms and Conditions and we take no action, or if we delay in taking action, that does not mean that we have waived our rights and will still be entitled to our rights and remedies. If we do waive a breach by you, we will only do so in writing (signed by one of our Directors), and that will not mean that we will automatically waive any later breach by you.
Entire agreement - These Terms and Conditions constitute the entire agreement between you and us and supersede any and all earlier agreements between you and us. Events outside of our control - We and the Partners will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations to you if such failure or delay is caused by an event outside of our control.
An event outside of our control means any act or event beyond our, or the Partner's, reasonable control such as embargos, riots, strikes, wars, terrorist attacks, lock-outs, trade disputes, fires, floods, earthquakes or other natural disasters, break-down, inclement weather, interruption of transport, Government action or failure of public or private telecommunications or transport networks.
13) Governing Law and Jurisdiction
By visiting W Concept, you agree that the Federal Arbitration Act, applicable federal law and the laws of the state of New Jersey, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and W Concept.