--- --- Wii Create Terms & Conditions | Wii Create

Wii Create

Build your own pack
Build your own pack

Terms & Conditions

Terms & Conditions

Welcome to WiiCreate.com! This site is made available and owned by, Wii Create Ltd. Wii Create Ltd (“us”, “we”, or “our”) operates as http://www.wiicreate.com (the “Site”). As you intend to shop with us, the Terms and Conditions set out shall be applicable to all of our dealings. It creates a relationship which is legally binding, therefore we advise you read through cautiously and understand the extent of our relationship as you browse through the Site. If you go ahead to shop with us, it means you have accepted all of the terms set out below as well as our Privacy policy. In case you need any clarity on anything in our policies or T&C’s, we are always willing to help. You can contact us through our customer care service or just click help.

1) Service Availability:

We ship worldwide, however, international orders may be subject to customs clearance and may be restricted to some print products.

2) Your Status

By placing an order through our Site, you warrant that;

  • By placing an order through our Site, you warrant that;
  • By placing an order through our Site, you warrant that;
  • By placing an order through our Site, you warrant that;

3) Our Products

Products may vary slightly from their pictures. 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 a device’s display of the colours accurately reflects the true colour. Your product may vary slightly from the Site images. Considering the nature of our production processes and the involvement of human interactions, all sizes, weights, capacities, dimensions and measurements indicated on our Site have a 5% error tolerance.

Product packaging may vary. The packaging of the product may vary from that shown in images on our Site.

Making sure your measurements are accurate. If we are making the product to measurements you have given us, you are responsible for ensuring that these measurements are correct. You can find information and tips on how to measure on our Site or by contacting us.

4) Providing Products

Delivery costs. The costs of delivery will be as displayed to you on our Site.

When we will provide the products. During the order process we will let you know when we will provide the products to you. If the products are ongoing services or subscriptions, we will also tell you during the order process when and how you can end the contract. OR

  • If the products are goods. If the products are goods we will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order OR we will contact you with an estimated delivery date OR to agree on a delivery date, which will be within 30 days from when we accept your order.

    If the products are one-off services. We will begin the services on the date set out in the order OR on the date we accept your order OR on the date agreed with you during the order process. The estimated completion date for the services is as told to you during the order process.

    If the product is a one-off purchase of digital content. We will make the digital content available for download by you as soon as we accept your order.

    If the products are ongoing services or a subscription to receive goods or digital content. We will supply the services, goods or digital content to you until either the services are completed or the subscription expires (if applicable) OR we end the contract by written notice.

We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

Collection by you. If you have asked to collect the products from our premises, you can collect them from us at any time during our working hours (9:00am - 5:00pm) on weekdays (excluding public holidays).

If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your mailbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.

If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If despite our reasonable efforts we are unable to contact you or re-arrange delivery or collection, we may end the contract.

Your legal rights if we deliver goods late. You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods purchased then you may treat the contract as at an end straight away if any of the following apply:

  1. we have refused to deliver the goods;
  2. delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
  3. you informed us before we accepted your order that delivery within the delivery deadline was essential.

Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 4.7, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.

Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 4.7 or clause 4.8, you can cancel your order for any of the goods or rejected goods that have been delivered. If you wish, you can reject or cancel the order for some of those goods (not all of them), unless splitting them up would significantly reduce their value. After that, we will refund any sums you have paid to us for the cancelled goods and their delivery. If the goods have been delivered to you, you must either return them in person to where you collected them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please contact customer service by email at hapiness@wiicreate.com for a return label or to arrange collection.

When you become responsible for the goods. Products that are goods in nature will be your responsibility from the time we deliver the product to the address you give us OR you (or a carrier organised by you) collect it from us.

When you own goods. You own a product which is goods once we have received payment in full.

What will happen if you do not give the required information to us? We may need certain information from you so that we can supply the products to you, for example, street address, telephone number, product specifications etc. If so, this will have been chosen in the product options on our Site or requested at checkout. We will contact you in writing, or other means to ask for this information if we notice any inconsistencies. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:

  • deal with technical problems or make minor technical changes;
  • update the product to reflect changes in relevant laws and regulatory requirements;
  • make changes to the product as requested by you or notified by us to you.

Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product unless the problem is urgent or an emergency. If we have to suspend the product for longer than 30 days in any continuous period, we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 30 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.

We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 5.4) and you still do not make payment within 5 working days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 5.6). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 5.5).

5) Price and Payment

Where to find the price for the product. The price of the product (which excludes VAT) will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price of the product advised to you is correct. However please see clause 5.3 for what happens if we discover an error in the price of the product you order.

We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
When you must pay and how you must pay. We accept payments from credit and debit cards issued by Visa or Mastercard. When you must pay depends on what product you are buying:

  • For goods, you must pay for the products before we dispatch them. If payment is made on our Site, you will be charged once we confirm your order.
  • For digital content, you must pay for the products before you download them.

5.5) What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

6) Changes to our website

6.1) We may make changes to these terms. We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on July 1, 2020.

6.2) We may make changes to our site. We may update and change our site from time to time to reflect changes to our products, our users’ needs and our business priorities. We will try to give you reasonable notice of any major changes.

6.3) We may suspend or withdraw 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. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions and that they comply with them.

6.4) We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

7) Loss and Damage

Whether you are a consumer or a business user:

  • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
  • Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms and conditions of supply.

If you are a business user:

  • We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
  • We will not be liable to you 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.
  • In particular, 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:

  • Please note that 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.
  • If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

8) How we may use your personal information.

We will only use your personal information as set out in our Privacy policy.

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy and may download extracts, 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, texts, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

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 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.

10) Arbitration Clause

Any dispute arising out of or in connection with the interpretation of the provisions of this Agreement or the performance of the same shall be submitted to the Lagos Court of Arbitration and shall be resolved under the Rules of the Lagos Court of Arbitration. The dispute shall be resolved by a sole arbitrator, except as otherwise agreed by the parties to be by a tribunal of three arbitrators. The appointment of the Arbitrator(s) shall be in accordance with the said Rules, and the Award/Decision of the arbitrator(s) shall be final and binding on the parties. The seat of the arbitration shall be Lagos, Nigeria and the language to be used in the arbitral proceedings shall be English.

11) Applicable Law

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by Nigerian law. You and we both agree that the courts in Nigeria will have exclusive jurisdiction.

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by the Nigerian Law. WE both agree to the exclusive jurisdiction of the Nigerian Law.