Welcome to the wenanbaba.com website (the “site”). wenanbaba.com GmbH is trading as wenanbaba.com (“Orimono”, “we”, “us”, “our”). We provide this site as a service to our customers. Please review the following information that regulates your use of our site (the “agreement”). Please note that your use of our Site constitutes your agreement to follow and be bound by these terms. If you do not agree to these terms, please do not use this site.
Orimono reserves the right to update or modify these terms and conditions at any time without prior notice. Your use of our site following any such changes constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this web site.
2. INFORMATION ABOUT ORIMONO
The wenanbaba.com domain and all prefixes (www/https/http) are property of wenanbaba.com GmbH, registered at Zionskirchstrasse 10, 10119 Berlin, Germany. Orimono is registered for sales of clothing, shoes and accessories and operates under German / EU consumer laws with EU VAT#: DE290069036, tax# 30/462/32705 and commercial chamber register# HRB 151106 B Amstgericht Charlottenburg.
3. USER RESTRICTION ABOUT INTELLECTUAL PROPERTY / COPYRIGHT
All of the content you see and hear on the Orimono site, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Orimono, one of its affiliates or by third parties who have licensed their materials to Orimono. The entire content of the Orimono site is copyrighted as a collective work under applicable copyright laws, and coordination, arrangement and enhancement of the content.
The content of the Orimono website, and the site as a whole, are intended solely for the personal, noncommercial use by the users of our site. You may download, print or store selected portions of the content, provided you (1) only use these materials for your own personal, noncommercial use, (2) do not copy or post the content on any network computer or broadcast the content in any media, and (3) do not modify or alter the content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any content or materials is transferred to you as a result of any such activities. Orimono reserves complete title and full intellectual property rights in any content you download, reproduce, print, redistribute or store from this web site.
Orimono is an internationally registered trademark. Except as noted above, you may not copy, download, reproduce, modify, publish, redistribute, retransmit, publicly display, publicly perform or create derivative works from the content without first obtaining written permission from Orimono.
4. USER STATUS
By placing an order through our site, you warrant that:
You are legally capable of entering into binding contracts; and
You are at least 18 years old.
5. CONSUMER RIGHTS | CANCELLATION, RETURNS AND REFUNDS
In accordance to EU consumer laws, if you are contracting as a consumer, you may cancel a contract at any time within 14 days, beginning on the day after you received the goods. In this case, you will receive a full refund of the price paid for the goods in accordance with our return policy.
All EU returns have to be returned with a trackable parcel service and all outside EU returns with express parcel service.
To cancel a contract, you must inform us in writing. You must also return the goods to us immediately (informing us in writing of your intention to return the goods prior to postage). Failure to inform us in writing of your intention to return the goods prior to postage may result in a delay in the process.
Upon us receiving notification of your intention to return the goods, we shall contact you with further instructions on how to proceed with your return. All return inquiries should be sent to [email protected]
You must return the goods in the same condition in which you received them and at your own cost and risk (we recommend that the goods be returned via registered and/or special delivery). Customers may opt to use our shipping accounts for their return, and the cost of such would be deducted from the refunded amount.
The returned goods must be in their original packaging, in unused and resalable condition and should be accompanied by all corresponding order details. You have a legal obligation to take reasonable care of the goods while they are in your possession. If you fail to comply with this obligation, we own the rights to refuse you for compensation.
You do not have the right to cancel a contract for the supply of any goods constituting underwear, swimwear, mouth protection and perfumes.
Goods that have been personalised will not be refunded or exchanged under any circumstances.
We will refund any money received from you using the same method originally used by you to pay for your purchase. Where payment has been made by credit or debit card, we will refund the payment to the credit or debit card used to purchase the goods. Same policy applies to payment made with PayPal and Bank Transfer.
Goods returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the reasonable costs incurred by you in returning the item to us (if any and provided that you have returned the item(s) to us by recorded and/or special delivery). Please notice that faulty returns needs to be inspected and a slight delay in refund might occur.
Please not that all extra costs, occurring due to insufficient customs documentation, incorrect given shipping information and similar, is the customers responsibility and will be deducted from the refunded amount.
We have done our best to display as accurately as possible the colours of the products shown on the wenanbaba.com website. However, because the colours you see will depend on your monitor / colour temperature, we cannot guarantee that your monitor's display of any colour will be accurate. Perceived deviations of colour are not counted as faulty / incorrectly delivered and could therefore not be returned in complaisance with our cancellation policy.
7. OUR LIABILITY
7.1 We warrant to you that any goods purchased from us through our site are of satisfactory quality and reasonably fit for all the purposes for which goods of the kind are commonly supplied.
7.2 Subject to clause 7.5, our liability for losses you suffer as a result of us breaking this agreement, including deliberate breaches, is strictly limited to the purchase price of the goods you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
7.3 Subject to clause 7.5, we are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:
7.3.1 loss of income or revenue;
7.3.2 loss of business;
7.3.3 loss of profits or contracts;
7.3.4 loss of anticipated savings;
7.3.5 loss of data; or
7.3.6 waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, provided that this clause 7.3 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 7.1 or clause
7.4 or any other claims for direct financial loss that are not excluded by any of the categories 7.3.1 to 7.3.6 inclusive of this clause 7.3.
7.5 Where you buy any Goods from a third party seller through our site, the seller’s individual liability will be set out in the seller’s terms and conditions.
7.6 Nothing in these terms and conditions excludes or limit in any way our liability:
7.6.1 for death or personal injury caused by our negligence;
7.6.2 for fraud or fraudulent misrepresentation; or
7.6.3 for any matter for which it would be illegal and/or unlawful for us to exclude, or attempt to exclude, our liability.
8. CORRECTIONS OF ERRORS AND INACCURACIES, TYPOGRAPHICAL AND GRAPHICAL
The information of the wenanbaba.com web site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change and update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We apologise for any inconvenience this may cause you.
9. ENFORCEMENT OF TERMS AND CONDITIONS
By accessing and using the Orimono website, you agree that your access to and use of the Orimono website is subject to these Terms and Conditions, as well as all applicable laws, as governed by and construed in accordance with German and EU law. The parties to any such contract agree to submit to the exclusive jurisdiction of the courts of Germany. All contracts are concluded in English.
10. USE OF SITE
Harassment in any manner or form of the site, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including an Orimono or other licensed employee, host, or representative as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through this site any content which is libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or organisation. Please note that you must be 18 years or older to register with the site and to purchase goods from the site. By registering to use the site you warrant that you are aged 18 years of age or older.
Any purchases made from the Orimono site employing the use of bots of similar software will result in the orders being cancelled and the IP address permanently blocked.
You agree to indemnify, defend, and hold harmless Orimono, its officers, directors, employees, agents, licensors and suppliers (collectively the 'Service Providers') from and against all losses, expenses, damages and costs, including reasonable attorney's fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
12. AVAILABILITY AND DELIVERY
After completing an order, you will receive an order confirmation E-mail, confirming the availability of the ordered item(s).
Your order will be dispatched within 24 hours, provided that we don't need any additional information from you. After dispatch, a dispatch confirmation E-mail with further tracking instructions will be sent to your registered E-mail.
We always try to have orders sent within 24 hours after confirming the order. During spike sales season such as seasonal sale periods, processing of your order can in some cases take longer.
13. THIRD PARTY LINKS
In an attempt to provide increased value to our visitors, Orimono may choose various third-party web sites to link to from its own site. However, even if the third party is affiliated with Orimono, Orimono has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Orimono. Orimono has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk. None the less, Orimono seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its site, but for sites it links to as well.
14. RISK LIABILITY
The goods will be at your risk from the time of delivery. Ownership of the goods will only pass to you when we receive full payment of all sums due in respect of the goods, including delivery charges.
15. PRICE AND PAYMENT
The price of any goods will be as quoted on our site from time to time, except in cases of obvious error.
These prices include Germany VAT (16%) but exclude delivery costs, which will be added to the total amount in the checkout.
Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a dispatch confirmation.
In the event an Orimono product is listed at an incorrect price due to typographical error or systems error, Orimono have the right to refuse or cancel any orders placed for product listed at the incorrect price. Orimono shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Orimono shall issue a payment to your credit card account in the amount of the incorrect price.
We are under no obligation to provide the goods to you at the incorrect (lower) price, even after we have sent you a dispatch confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
Payment for all Goods must be by credit or debit card, PayPal or Bank transfer.
16. IMPORT DUTIES
All parcels shipped to outside the EU are Delivery At Place (DAP), meaning that any customs or import duties are charged to the buyer by DHL Express or UPS directly once the parcel reaches its destination country. These charges must be paid by the recipient of the parcel. The costs varies from country to country, and we have no control over those. We recommend contacting the local customs office if you are unsure how much your taxes will be.
Please also note that you must comply with all applicable laws and regulations of the country for which the goods are destined. We will not be liable for any breach by you of any such laws.
If a shipment can not be delivered due to incorrectly given delivery information by the customer and is returned to us, we own the right to deduct all costs from the refunded amount. These costs includes taxes and duties owed to the local customs office in the country the customer gave as delivery country.
We ship our German orders with DHL Paket, DHL Express and UPS. International orders are sent with DHL Express and UPS to all destinations. International buyers can mostly choose between standard (expedited) or express delivery.
If a shipment can not be delivered due to incorrectly given delivery information by the customer and is returned to us, we own the right to deduct all costs from the refunded amount. These costs includes all shipping costs, taxes and duties owed to the local customs office in the country the customer gave as delivery country.
To offset for our carbon emissions created delivering your order, all orders are shipped with DHL Go Green or UPS Carbon Neutral. Your order is packed completely plastic free in a box that was made in the EU and is made up from a minimum of 90% recycled materials and which is completely recyclable and bio-degradable. The ink used to print our boxes is water based and the glue used for our tape stripes are made in Germany from paper with environmental friendly glue.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirements that such communications be in writing. This condition does not affect your statutory rights.
WHAT PERSONAL INFORMATION WE COLLECT AND HOW DO WE OBTAIN IT?
When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information.”
We collect Device Information using the following technologies:
- “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
- “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
- “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site.
Additionally when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers), email address and phone number. We refer to this information as “Order Information.”
CAN I DISABLE COOKIES?
There are several ways to manage cookies and other tracking technologies. By changing your browser settings, you can accept or reject cookies or choose to receive a warning before accepting a cookie from the websites you visit. Please note that disabling cookies altogether in the browser may not be able to use all our interactive features.
If you use multiple computers in different locations, be sure that each browser is set to suit your preferences.
You can delete all cookies installed in the cookie folder of your browser. Each browser has different procedures for managing settings.
HOW DO WE USE YOUR PERSONAL INFORMATION?
We use the Order Information that we collect generally to fulfil any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:
Communicate with you;
Screen our orders for potential risk or fraud; and
When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimise our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).
HOW DO WE PROTECT YOUR DATA?
We will endeavour to keep any information which we hold about you up to date and accurate. To help us to do this, please keep us informed if any of your details change. We will endeavour to protect your data against unauthorised or unlawful use. We use secure socket layer technology (SSL). This means that when you place orders with us on our secure online ordering system, all of the information is encrypted or scrambled, so that the data you send is an unintelligible string of seemingly random characters. When these characters are received by our web server, the server's ssl software converts them back into useful information. The same thing happens with data you receive from our server. Your interactions are therefore private and secure.
SHARING YOUR PERSONAL INFORMATION
We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Shopify to power our online store--you can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy. We also use Google Analytics to help us understand how our customers use the Site--you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/.
You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
You can opt out of targeted advertising by adjusting your preferences:
FACEBOOK AND INSTAGRAM - https://www.facebook.com/settings/?tab=ads
GOOGLE - https://www.google.com/settings/ads/anonymous
Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.
DO NOT TRACK
Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.
If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.
Additionally, if you are a European resident we note that we are processing your information in order to fulfil contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.
When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.
The Site is not intended for individuals under the age of 18. As per our Terms and Conditions, you need a written parental / legal guardian permission to shop through the Site if your legal age is under 18.
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at [email protected] or by mail using the details provided below:
wenanbaba.com, Zionskirchstrasse 10, Berlin, BE, 10119, Germany.
20. EVENTS OUTSIDE OF OUR CONTROL / FORCE MAJEURE
We reserve the right to defer the date of delivery of / or to cancel the contract (without liability to you) if we are prevented from or delayed in the carrying on of our business due to any event of force majeure, provided that, if the event in question continues for a continuous period in excess of 60 days, you shall be entitled to give notice in writing to us to terminate the contract.
In these terms and conditions an event of force majeure shall include (without limitation) Act of God, war, threat of war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, tempest, flood, adverse weather conditions, epidemic, accident, acts or omissions on the part of any governmental or local authority or highways authority or public telecommunications, import or export regulations or embargoes, disruption of power supply, lock-outs, strikes or other labour disputes, or restraints or delays affecting carriers or any default of any of our suppliers.
Our performance under any contract is deemed to be suspended for the period that an event of force majeure continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the event of force majeure to a close or to find a solution by which our obligations under the Contract may be performed despite the event of force majeure.
If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
22. LAWS AND JURISDICTION
These terms and conditions shall be governed by and construed in accordance with German law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Germany.