Terms and Condition
1. Conclusion of contract
1.1. The presentation of goods on WINKERYO.Com is not regarded as a binding offer for the conclusion of the contract with WINKERYO.Com. The offer on WINKERYO.Com addresses only full aged users.
1.2. When you choose the goods that you would like to purchase, they will first be put into your shopping cart. The contract between you and WINKERYO.COM is concluded after you fill out shipping and payment details and click on “PLACE ORDER” button. Before completing your order, you have a chance to check all the details and to change any information if necessary.
1.3. Once you click on “PLACE ORDER” button, you will receive an email acknowledging the details of your order (confirmation email). The email is sent to the email address registered. This email is NOT an acceptance of your order, just a confirmation that we have received it.
1.4. The contract between you and WINKERYO.Com will be completed when WINKERYO.Com explicitly confirms the acceptance of your order within two weeks (notice of acceptance). The shipping of the goods and the confirmation that the goods have been shipped to the address provided equals the explicit acceptance of the order. This does not apply if, in case available, you choose wire transfer as payment method.
1.5. We reserve the right not to accept your order in the event, for example, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn. In this case, the contract cannot be regarded as concluded. We will email you to inform you that we have not accepted your order. If you have already paid for the goods, we shall refund the full amount as soon as we are able.
1.6. We do not store the contract text. The information regarding the conclusion of the contract can be found in the order confirmation email, in the notice of acceptance and in General Terms & Conditions.
2. Shipping conditions and the prepayment right
2.1. WINKERYO.Com reserves the right for partial delivery, if acceptable for you.
2.2. If not otherwise stated on WINKERYO.Com the shipping takes place to the address provided within 1-5 business days after the payment has been made (in case of wire transfer) or after the contract has been concluded.
3. Pre Order
3.1 Pre-order is a service that lets you order a product before the official launch date.
3.2 Delivery: We aim to deliver pre-ordered products on the official launch date, provided that we have received and processed your payment. This is not always possible due to availability at our warehouse. Delivery charges may apply to all pre-orders unless otherwise stated. Standard Delivery timelines will apply from the moment the pre-ordered product is available. We reserve the right to cancel any order for reason that we may or may not disclose. Delivery date for the pre-ordered items may change without any prior notice or confirmation
4. Prices and shipping costs
4.1. All prices on WINKERYO.Com for the delivery are inclusive of VAT and exclusive the shipping fee. If the delivery takes place to the party the prices on WINKERYO.Com may include additional taxes.
Please note that there are cases when an order cannot be processed for various reasons. The Site reserves the right to refuse or cancel any order for any reason at any given time. You may be asked to provide additional verifications or information, including but not limited to phone number and address before we accept the order. Prices are subject to modification at any time and may vary due to promotional offers or sales. We reserve the right to update prices displayed on the website from time to time and once updated they cannot be claimed against an order that has already been confirmed or delivered.
4.2. The shipping fee depends on the amount and the shipping type. The information regarding all shipping fees may be found under email@example.com The price including the information regarding VAT, available shipping types and corresponding shipping fees are also shown when you go through the ordering process (before the order is placed).
4.3. If you make use of your right for cancellation then you may in some cases ask for the refund of the shipping fee.
5. Payment conditions, vouchers, set-off and right of retention
5.1. WINKERYO.Com accepts different types of payment (for example online bank transfer, credit card payment or Paytm or PAYUMoney). However, not all payment types may be available for you. If the payment is carried out by an external payment provider (for example PayUmoney PayTm OR Online bank transfer) only terms and conditions of this particular payment provider are applied to the payment process.
5.2. If you own a valid WINKERYO.Com voucher (for example gift voucher or promotion voucher), you can redeem it against your purchase on WINKERYO.Com according to the conditions valid for redeeming the certain voucher.
In order to redeem the voucher, you should type in the voucher code into the corresponding field during the order process on WINKERYO.Com and click on “APPLY”. It is not possible to redeem the voucher after the order has been placed.
- If the total amount of the order exceeds the voucher value, you will need to pay the difference using one of the payment types available to you.
- If the voucher has a validity period, then it can only be used within the stated period of time.
- The vouchers cannot be redeemed for cash.
- Following conditions apply to gift vouchers:
- The voucher can be redeemed against all products represented on WINKERYO.com. The voucher value will be deducted from the total amount of the order. If the order total is less than the voucher value, you can redeem the voucher against your next order until the voucher value is used up completely.
- If you cancel the order, which was paid solely with the gift voucher, WINKERYO.Com will credit the amount back to your gift voucher (if you paid the difference using a different payment method, then you will first receive the refund for the paid amount).
- The gift voucher can only be used by the person stated as a gift receiver during the order process.
- Following conditions apply to promotion vouchers:
- Promotion vouchers can only be used once, are non-transferable and can only be applied to the price of the product and not to shipping fee or other additional costs.
- Promotion vouchers are provided only by WINKERYO.Com Promotion voucher cannot be claimed.
In all other matters, certain redeeming conditions apply to gift and promotion vouchers. These conditions are stated during the order process (for gift vouchers) or as a part of a running promotion (for promotion vouchers). Voucher redeeming conditions take precedence over General Terms & Conditions in case of any differences.
5.3. The customer is barred from a set-off if the counterclaim has no legal backing, was not unanimously decided upon, and is not undisputed or if a separate claim for damages is covered in the same sales contract.
5.4. You can only make use of the right of retention in case the counterclaim corresponds to the same sales contract.
6. Right of cancellation
6.1. If you concluded the contract with WINKERYO.Com as a consumer, you have the following right of cancellation:
Right of cancellation
- You have the right to cancel your order within 7 days without giving any reason.
- The cancellation period is 7 days from the date on which you or a third party named by you, who may not be the carrier, have taken possession of the goods.
- To exercise your right of cancellation, you must inform us, WINKERYO.Com or on our customer care mailing address i.e. firstname.lastname@example.org also you can contact us on provided Contact No. 998260877. In order to cancel your order, you can write to us the reason for your decision to withdraw from this contract through means of an unambiguous declaration (e.g. an email). You can use the attached sample cancellation form for this purpose, but this is not compulsory.
- In order to observe the cancellation period, it is sufficient that you send notice of cancellation before the cancellation deadline.
6.2. Consequences of cancellation
If you cancel this contract, we are under obligation to reimburse all the payments that we have received from you, including shipment costs (with the exception of the additional costs arising from your choosing a type of shipment other than the most favourable standard shipment offered by us) without undue delay and at the latest within fourteen days from the date on which we receive notification of your cancellation of this contract. For this reimbursement, we will use the same payment method that you used for the initial transaction unless we explicitly agree otherwise with you; you will in no event be charged fees for this reimbursement.
We may withhold the reimbursement until we have received the goods back or until you have demonstrated that you have returned the goods, whichever happens first.
You must send back or hand over the items without undue delay and in any event no later than 7 days from the date on which you notify us of cancellation of this contract. The deadline is met if you send back the goods before the end of the 7 day period.
You will bear the direct cost of returning the goods.
You will only be liable to pay for any diminished value of the items resulting from your handling the items for reasons other than what is necessary for ascertaining the condition, nature, and functioning thereof.
6.3. The above-mentioned right of cancellation applies to contracts concluded for the delivery of goods that are not prefabricated and for the goods that must be produced according to your personal wishes. The right of cancellation is not valid for the delivery of sealed goods in case the sealing was opened after the delivery and for the goods that cannot be returned according to health protection and sanitary regulations.
6.4. WINKERYO.Com offers free returns
If you make use of the above-mentioned right of cancellation, WINKERYO.Com offers you free returns. This offer is valid only for returns made according to instructions included with your order and carried out by Logistics Company was chosen by WINKERYO.Com .Otherwise, you must bear the costs for returning the goods.
The right for free return provided by WINKERYO.Com does not affect your legal rights and rights for claims, especially your legal right of cancellation.
7. Retention of title
The goods delivered remain the property of WINKERYO.Com until full payment has been made.
8.1. Liability in the case of material defects or defects of title WINKERYO.Com is liable to take or replace the product. Replacement of the product is only possible if the replacement request is made within the 7 days of delivered goods to the customers.
8.2. Any WINKERYO.Com warranty for certain goods and manufacturer warranty for certain goods are valid as well as liability in the case of material defects or defects of title. Certain warranty details could be found in terms of the guarantee if included with the product.
9.1. Our liability, for breaches by ordinary negligence of any major obligations or secondary obligations whose breach puts the achievement of the contractual purpose at risk or whose fulfilment is essential to the due and proper performance of the contract and whose fulfilment customer could reasonably rely upon ("essential obligation"), shall be limited to foreseeable damage characteristic for the contract. We accept no liability for any breach by ordinary negligence of contractual obligations which are not essential obligations.
9.2. Nothing in this shall prejudice our liability for claims based on the Product Liability Act, and for damage caused by injury to life, limb or health.
10. Intellectual property
Please note that the information represented on WINKERYO.Com (including but not limited to photographs and images, logos and texts) are intellectual property and protected by applicable legislation. Any commercial use, including the reproduction, modification, distribution, and transmission of any content impinges upon the rights of WINKERYO.Com or third parties and may result in taking legal action, including compensation and injunctive relief.
11. Law and Jurisdiction
The law of Jurisdiction is applicable. When you conclude a contract with WINKERYO.Com as a consumer additional consumer protection regulations valid in our country shall apply. This User Agreement is governed by and construed in accordance with, Indian law. This clause will survive any expiry or cancellation of this User Agreement for any reason...
The WINKERYO.Com takes reasonable measures to safeguard against unauthorized access to your personally identifiable information and to safely store the same. However, the Internet is not a secure medium and the privacy of your personal information can never be guaranteed. The Site has no control over the practices of third parties (e.g. website links to this Site or third parties who misrepresent themselves as you or someone else). You agree that the Site may process your personal information that you provide to it for the purposes of providing the services on WINKERYO.Com and for sending marketing communications to you. We confirm that you’re personally identifiable information and your credit/debit cards details will not be stored, sold, rented, shared or leased to any third parties.