Terms and conditions of use
Date: February 1, 2021.
1.1 We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the website (see date at the top) and it is your responsibility to read the terms and conditions on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions.
1.2 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use this website.
1.3 When you use certain Wallvy services please read the additional information provided with regards to such services as this information will provide you with full details on how to use such services and the specific policies and procedures which may apply to that service.
2. Order process
2.1 All orders that you place on this website will be subject to acceptance in accordance with our terms and conditions.
2.2 After completing the order, a confirmation containing the order details will be sent to your e-mail address.
2.3 The purchase agreement is concluded at the time of payment, which is tantamount to acceptance of the following regulations.
2.4 The order can be canceled by the buyer up to 24 hours after payment, before it goes to print.
2.5 After the conclusion of the contract, the order design will be prepared and sent to the email address provided for contact for the buyer’s acceptance. No response from the buyer regarding acceptance in time referred to in point 2.4 is tantamount to acceptance of the design and consent to the completion of the order.
3.1 All products are made on the customer's special order. We add approximately 1 inch (2,54cm) margin to each dimension.
3.2 Order completion time is 2-5 business days. For orders over 150 ft² (14m²), the lead time is 3-7 business days.
4.1 We take payment from your debit or credit card at the time we receive your order, once we have checked your card details and stock availability. Goods are subject to availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods. Additional Terms and Conditions for payments made by PayPal can be found at www.paypal.com. (Wallvy.com is not responsible for the content of external websites)
4.2 To ensure that your credit, debit, charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
4.3 The price you pay is the price displayed on this website at the time we receive your order apart from the following two exceptions:
a) Non-USD prices are displayed on our website based on the latest published exchange rates. Though we always try to honour the price displayed, should any material change in exchange rates occur between the time of purchasing and the time of dispatch (material as determined by the sole discretion of Wallvy, we reserve the rate to charge you any additional amount (subject to your prior consent) or cancel the sale outright and refund you in full.
b) While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
4.4 Payment can be made by any method specified in Payment Methods section during checkout.
4.5 All prices include VAT (where applicable) at the applicable current rates but exclude delivery charges.
5.1 All shipments sent by us are registered. Wallvy is obliged to provide the buyer with information about the name of the carrier and the shipment number.
5.2 Shipments are sent using courier carriers (FedEx, DPD, DHL, GLS). In the case of courier companies, selection of the carrier is made by the seller based on the best price offer for a given country.
5.3 The price for transport is presented both on the product page and in the product basket.
5.4 We do not ship to P.O. boxes. The address indicated for delivery must be a private or business address (office, etc.). If a P.O. box is specified in the order form, the buyer will be informed about the need to indicate a different address, and the order will not be processed until it is indicated.
5.5 This website is only for delivery of products to customers in those destinations detailed on our Shipping page. All goods requiring a signature must be signed for by an adult aged 18 or over.
5.6 At the time of sending the parcel until its receipt, the responsibility for the goods is transferred to the supplier.
5.7 Risk of loss and damage of products passes to you on the date when the products are delivered or on the date of first attempted delivery by us.
5.8 If the goods are not collected from the carrier and returned to us, there is no reimbursement for the purchase of goods and shipping. It is only possible to re-ship after paying for additional costs.
5.9 Delivery charges and estimated timescales are specified on Shipping page and also when you place an order. We make every effort to deliver goods within the estimated timescales, however delays are occasionally inevitable due to unforeseen factors. Wallvy shall be under no liability for any delay or failure to deliver the products within estimated timescales and nor will we be liable to pay any compensation for goods delivered beyond the predicted time.
5.10 The product price include VAT (where applicable) and does not include other costs. If the buyer's country so requires, the customs office may charge local tax or customs duty fees and charge it to the buyer.
5.11 Delivery times shown in the table on the Shipping page are approximate times provided by carriers.
5.12 The carrier's delivery time may be extended for reasons independent of the parties to the contract, i.e., holidays, weather conditions, shipment arrest by the customs office, etc.
5.13 Due to delays being a result of delivery as well as possible losses incurred in connection with this, the buyer is not entitled to compensation/damages from Wallvy.
6. Obligations of the buyer
6.1 Before making an order, the buyer should read the product description and make sure that it will be possible to install it on the surface on which the buyer wants to install it. If the buyer is not sure whether the substrate is suitable for installation, he should order a sample before purchasing the product. Product details and contraindications can be found in the Installation Guide.
6.2 The buyer should check the shipment upon receipt for damage. If it has been damaged by the carrier, the parcel should be opened in its presence to check whether the goods have also been damaged. In case of damage, a complaint report should be drawn up with the carrier.
6.3 Within 3 calendar days from the date of delivery, the buyer is obliged to check the purchased goods in terms of order completeness, possible shortages, printing errors, etc. The seller reserves the right to reject the complaint submitted after this date.
6.4 The Buyer is obliged to hang the wallpaper in accordance with the Installation Instructions provided by the Seller. In the event of failure to follow the installation instructions, the seller reserves the right to reject the complaint.
7. Returns, Cancellations and Claims
7.1 The contract may be canceled in accordance with point 2.4, without incurring costs. After canceling the order, the funds will be returned to the buyer within 24 hours.
7.2 The buyer may return the goods up to 14 calendar days from the date of delivery, provided that the goods bear no traces of use. In order to make a refund, please report it to firstname.lastname@example.org, and send the goods to the address indicated by the seller. Shipping costs are covered by the buyer.
7.3 Because all wallpapers are made to measure, in the case of a return in accordance with point 7.2, the buyer will receive a refund of only 60% of the order value deducting the cost of shipment. The funds will be returned to the buyer within 5 business days from the date of receipt by the seller of the shipment with the returned goods.
7.4 In the event that the returned parcel bear traces of use/was mechanically damaged and was not suitable for resale by the seller, only the shipping costs incurred by the buyer are refunded at the return of the goods, after documenting the payment receipt in advance.
8.1 Only product defects resulting from the manufacturer/supplier's side are subject to complaints. All kinds of damage to the goods resulting from the fault of the buyer are not subject to complaint.
8.2 Complaints about product defects should be reported immediately after finding the defect/fault. Additional information referring to complaint in 6. Obligations of the buyer.
8.3 The complaint must contain the date of occurrence of the defect/fault, a detailed description of the defect/fault, a clear and extensive photo-documentation of the defect/fault. The buyer reserves the right to rely on the return of the damaged goods to consider the complaint.
8.4 The complaint consideration period is 14 calendar days. In the case of a buyer's request to send damaged goods, it is extended to 60 calendar days.
8.5 Wallvy does not take any responsibility for damages incurred by the user due to poor use of the product or failure to comply with the manufacturer's advantages regarding its installation.
9. Intellectual Property
9.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of this website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors. Such permission will always be given in writing.
9.2 You acknowledge and agree that the material and content contained within this website is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this website. You further acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
10. Liability and Indemnity
10.1 Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.
10.2 Wallvy will use reasonable endeavours to verify the accuracy of any information on the site but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website Wallvy will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and Wallvy accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site.
10.3 Other than as expressly provided in these terms and conditions with respect to specific products and except for the exclusive remedies set out at this Terms and conditions, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.
10.4 Wallvy will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any:
- economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or
- loss of goodwill or reputation; or
- special or indirect losses
- suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.
10.5 Notwithstanding the above, Wallvy' aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same clause.
10.6 This clause 10 does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
10.7 We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
11. Miscellaneous Provisions
11.2 The contract between us shall be governed by the laws of Poland and any dispute between us will be resolved exclusively in the courts of Poland. English and Polish is the only language offered for the conclusion of the contract.
11.3 We have selected our products on the basis that they will be used for domestic use only, if you are planning to use them for business purposes please make sure that you are covered by the appropriate insurance. Where you decide to use the products in the course of a business, we exclude (to the fullest extend permitted by law) those warranties and conditions relating to fitness for a particular purpose. Our maximum liability to business users arising out of or in connection with the products shall be limited to the replacement value of the product in question (except in the case of death or personal injury caused by our negligence or in respect of fraud). In relation to business users, we do not accept liability for the fitness of goods for business purposes, nor do we accept liability for loss of use of the item nor any loss over and above the cost of the item in the event of a claim for breach of warranty or condition.
11.4 Wallvy shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.
11.5 To provide increased value to our customers, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
11.6 You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party unless agreed upon in writing by Wallvy.
11.7 Wallvy reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party.
11.8 If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected.
11.9 These terms and conditions including the documents or other sources referred to in these terms and conditions supersede all prior representations understandings and agreements between you and Wallvy relating to the use of this website (including the order of products) and sets forth the entire agreement and understanding between you and Wallvy for your use of this website.