Last update: 09.07.2024

TERMS & CONDITIONS

1. Contracting Partner

Your contracting partner for all orders placed on the website https://awka-willka.com (hereinafter, the “Website”) is: “Awka Willka ®” (hereinafter, “Awka Willka”) a commercial brand of MAGAMO S.à r.l.-S, company registered in the Luxembourg Trade and Companies under number B276431.

21A Avenue Gaston Diderich

L-1420 Luxembourg

Business permit: 10151867/0

VAT number: LU34786654

You may contact us at:

Email: info@awka-willka.com 

Telephone: +352 661847299

2. Your details and your visits to our website

The information or personal details that you provide us shall be processed in accordance with our Privacy Policy. When you use the Website, you agree to the processing of the information and details, and you state that all information and details provided are true and accurate.

3. Use of our Website

When you use our Website and place orders through it, you agree to: 

• Use the Website to make legally valid enquiries and orders only.
• Not to make any false or fraudulent orders. If an order of this type may reasonably be considered to have been placed, we shall be authorized to cancel it and inform the pertinent authorities.
• Provide us with your e-mail address, postal address and/or other contact details truthfully and exactly. You also agree that we may use this information to contact you if necessary (see our Privacy Policy). 

If you do not provide us with all the information we need, you cannot place your order. 

When you place an order on the Website, you state that you are over the age of 18 and are legally eligible to enter into contracts.

4. Service availability

The articles offered on the Website are available for delivery in the European Union only. For orders outside the European Union, please contact us via email at info@awka-willka.com 

5. How a Awka Willka order works

5.1. Creating a customer account

You can purchase products on our Website without registering, or with your login details after creating a customer account.

To create a new account on our Website, you must correctly complete the fields of the registration form and choose a personal and confidential password. You must also confirm that you have read the Privacy Policy available on the site and confirm your registration. 

After registering on our Website, you will receive an e-mail confirming the creation of your customer account and welcoming you to the e-mail address indicated in the registration form.

You can delete your account at any time via your user area or by sending us an email from your user email to the following address: info@awka-willka.com  with the subject “Delete my account”. 

 

5.2. The ordering process

The user chooses the different products of their choice and adds them to their cart via the quick add to basket or by clicking on “Add to Cart”.

At any time, you can:

• Check the number of products in the cart, the price of the products and the total amount by clicking on the “Cart” icon or “View Cart”,
• Continue your product selection by clicking on the “Continue Shopping” button,
• Complete your order by clicking on the “Checkout” button.

You will then be asked to indicate the delivery address for the products and to select a delivery method. 

Once this step has been completed, you are invited to choose a payment method from among those listed in Article 9 and to specify the billing address if it is different from the delivery address. You will not be able to click on “Place order” without having accepted these GTC by ticking the box provided for this purpose.

At any time during these steps, the details of your basket will appear.

After doing so, you will receive an e-mail confirming receipt of your order (the “Order Confirmation”). 

Between the moment you pay for your order and Awka Willka sending you the order confirmation e-mail: “Order confirmed”, Awka Willka reserves the right not to accept the order in the event of:

• Dispute(s) between us;
• Total or partial non-payment of one or more of the previous orders;
• Refusal of payment authorisation by banking institutions;
• Problem with stock;
• Professional resellers or distributors;

If a product is unavailable after the order has been placed, only the price and shipping costs for the available products will be charged. Awka Willka will inform you by e-mail as soon as possible of the unavailable products and the corresponding amount will be reimbursed using the same payment method as that used for the order.

Once the order is ready for shipment, we will send you an order dispatch e-mail.

Keep in mind that the Order Confirmation does not mean that your order has been accepted, since it constitutes an offer that you are making to us to buy one or more products. All orders are subject to our approval, which you, as a registered user, will be informed of via an e-mail in which we will confirm that the order is being sent (the “Shipment Confirmation”). 

Your order details will be included in the Shipment Confirmation email. The contract between us to buy a product (the “Contract”) shall be formalized only when we send you the Shipment Confirmation.

Only the products listed in the Shipment Confirmation shall be subject to the Contract. We are not obliged to provide you with any other product that has not been ordered until we confirm that these have been sent in a Shipment Confirmation.

6. Delivery

Notwithstanding clause 5 above regarding problem with stock, we will endeavor to send the order consisting of the product(s) listed in each Shipment Confirmation prior to the date indicated in the Shipment Confirmation in question or, if no delivery date is specified, in the estimated timeframe indicated when selecting the delivery method and, in any case within a maximum period of 30 days from the date of the Order Confirmation. 

Nonetheless, there may be delays for reasons such as the customization of products, the occurrence of unforeseen circumstances or the delivery zone. 

If for any reason we are unable to comply with the delivery date, we will inform you of that situation and we will give you the option to continue with the purchase, establishing a new delivery date, or cancel the order with full reimbursement of the amount paid.

Please note in any case that we do not make home deliveries on Saturdays, Sundays and bank holidays.

For the purposes of the Conditions, “delivery” shall be understood to have taken place or the order “delivered” as soon as you or a third party indicated by you acquires physical possession of the goods, which will be evidenced by the signing of the receipt of the order at the agreed delivery address.

7. Inability to deliver

If it is impossible for us to delivery your order, we will attempt to find a safe place to leave it. If we cannot find a safe place, your order will be returned to our warehouse. We will also leave a note explaining where your order is located and what to do to have it delivered again. If you will not be at the place of delivery at the agreed time, we ask you to contact us to organise delivery on another day. 

If after 30 days from the date your order is available for delivery, the order could not be delivered for reasons not attributable to us, we shall assume that you wish to cancel the Contract and it will be terminated. As a result of the termination of the Agreement, we will return to you all payments received from you (except for any additional costs resulting from your choice of any delivery method other than the least expensive ordinary delivery method that we offer) without any undue delay, and at any rate, within 14 days of the date on which we deem this Agreement to have been terminated. 

Please note that transport derived from the termination of the Contract may have an additional cost which we will be entitled to pass on you. 

8. Price

The price of the products will be as stipulated at all times on our Website, except in the case of an obvious error. Although we make every effort to ensure that the prices featured on our Website are correct, error may occur. If we discover an error in the price of any of the products that you have ordered, we will inform you as soon as possible and give you the option of confirming your order at the correct price or cancelling it. If we are unable to contact you, the order will be considered cancelled and all amounts paid will be reimbursed to you in full. 

We are not obliged to provide you with any product at the incorrect lower price (even when we have sent the Shipment Confirmation) if the error in the price is obvious and unmistakable and could have reasonably been recognized by you as an incorrect price. 

The prices on our Website include VAT, but exclude delivery fees, which are added to the total price as indicated under Delivery & Returns section. 

Prices may change at any time. However, except as stipulated above, the changes shall not affect the orders for which we have sent an Order Confirmation. 

If you are directly placing your order online, once you have selected all articles that you wish to buy, those will have been added to your basket and the next step will be to process the order and make payment. To that end, you must follow the steps of the purchase process, filling up or verifying the information requested in each step. Furthermore, throughout the purchase process, before payment, you can modify the details of your order. Also, if you are a registered user, a record of all the orders placed by you is available in “your Awka Willka Account” area.

9. Methods of payment

You may use, as payment method, the cards Visa, Mastercard, American Express, Apple Pay and PayPal.

To minimize the risk of non-authorized access, your credit card details will be encrypted. Once we receive your order, we will make a pre-authorization on your card to ensure that there are sufficient funds to complete the transaction. The charge on your card will be made at the time your order leaves our store. 

If your payment method is PayPal the charge will be made when we confirm your order.

When you click “Place order”, you are confirming that the credit card is yours.

Credit cards are subject to verification and authorization by the card issuing entity, but if the entity does not authorize the payment, we shall not be liable for any delay or failure to deliver, and we will be unable to formalize any Contract with you.

10. Exchange / Return Policy

10.1 Legal right of withdrawal

Right of withdrawal 

If you are contracting as a consumer, you have the right to withdraw from the Contract, within 30 days, without giving any reason. The withdrawal period will expire after 30 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods or, in case of multiple goods in one order delivered separately, after 30 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good. 

You can exercise your right of withdrawal by using and sending the sample withdrawal form that can be downloaded HERE, by e-mail (info@awka-willka.com). 

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

 

Effects of withdrawal 

If you withdraw from the Contract, we shall reimburse to you all payments received from you – including the costs of delivery to the original delivery place (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us) but excluding, where applicable, the costs of returning the order to us – without undue delay and in any event not later than 30 days from the day on which we are informed about your decision to withdraw from the Contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction. In any event, you will not incur any fees as result of such reimbursement. Notwithstanding the foregoing, we may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. 

You shall send back the goods to us at the following address: 

MAGAMO S.à r.l.-S

21A Avenue Gaston Diderich

L-1420 Luxembourg

Luxembourg

 

The deadline is met if you send back the goods before the period of 30 days has expired. 

You shall bear the direct cost of returning the goods. Please remember to present a printout of Shipment Confirmation together with the returned goods. 

 

10.2 Common provisions

Your right to cancel the Contract shall apply exclusively to the products that are returned in the same conditions in which you received them. No reimbursement will be made if the product has been used more than just opening it, for products that are not in the same condition as when they were delivered or when they have been damaged, so take care of the products(s) while in your possession. Please return the products using or including all their original packaging and other documents, if any, accompanying the products. 

Upon cancellation, the respective products shall be returned as follows:

• Returns by Courier 

Return shipping costs must be covered by the customer. Customer can choose the shipping provider for the return of the items. 

For further information, please refer to the Delivery & Returns section. 

After examining the article, we will inform you of whether you have the right to reimbursement of the amounts paid. Delivery costs will be reimbursed when the right of withdrawal is exercised within the statutory period and all the goods in which the relevant parcel consists of are returned. The refund will be paid as soon as possible and, in all cases, within 30 days from the date on which you notified us of your intention to cancel. Notwithstanding the foregoing, we may withhold the reimbursement until we have received the goods back, or until you have supplied evidence of having sent back the goods, whichever is the earliest. The refund will always be paid using the same payment means you used to pay for your purchase. 

You shall assume the cost and risk of returning the products to us if you return them by your own means. In this case, please remember to send a print-out the Shipment Confirmation, together with the returned goods. 

If you have any questions, you can contact us through any of the communication methods available on the Website. 

 

10.3. Returns of defective products

In the cases in which you consider that at the delivery the product is not as stipulated in the Contract, you must contact us immediately. To do so, contact us through any of the communication methods available on the Website, providing the product details and the damage sustained, and there we will indicate what you need to do. 

You can return the product by delivering it to a Courier who we will send to your home.

We will carefully examine the returned product and will notify you by e-mail within a reasonable period if the product may be refunded or replaced (as appropriate). The refunding or replacement of the product shall take place as soon as possible and in all cases within 30 days from the date on which we send you an email confirming the that refund or replacement of the product is going ahead.

The amounts paid for the products returned due to any damage or defect, when it actually exists, will be reimbursed in full, including the delivery costs related to sending the product and the costs to you for returning it to us. The refund shall be paid by the same payment means you used to pay from the purchase. 

All rights recognized in current legislation shall be, in any case, safeguarded.

11. Prices and deliveries

The applicable delivery times and costs are those mentioned on the Website at the time of the Order and in the “Delivery & Return” section. 

12. Management of your personal data

Please visit our Privacy Policy section. 

13. Intellectual Property

You recognize and agree that all copyrights, registered trademarks and other intellectual property rights to the materials or contents provided as part of the Website belong to us at all times or to those who grant us license for their use. You may use said material only to the extent that we or the usage licensers authorize it expressly. This does not prevent you from using the Website to the extent necessary to copy the information on your order or Contact details.

14. Notifications

The notifications that you send us must be sent preferably through any of the communication methods available on the Website (email, forms, etc). We may send you notifications either by email or by ordinary mail to the electronic or postal address you provided us when placing an order, or by telephone. 

15. Events beyond our control

We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under a Contract when caused by events that are beyond our reasonable control (“Force Majeure”). 

Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following:

• Strike, lockout or other forms of unannounced protest.
• Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.
• Fire, explosion, storm, flood, earthquake, collapse, epidemic or any other natural disaster.
• Inability to use trains, ships, aircraft, motorized transport or other means of transport, public or private.
• Inability to use public or private telecommunication systems.
• Acts, decrees, legislation, regulations or restrictions of any government or public authority.
• Strike, failure or accident in maritime or river transport, postal transport or any other type of transport.

It shall be understood that our obligations deriving from Contracts are suspended during the period in which Force Majeure remains in effect, and we will be given an extension of the period in which to fulfil these obligations by an amount of time equal to the time that the situation of Force Majeure lasted. We will provide all reasonable resources to end the situation of Force Majeure or to find a solution that enables us to fulfil our obligations by virtue of the Contract despite the situation of Force Majeure.

16. Our right to modify these conditions

We have the right to review and modify these Conditions at any time. 

You are subject to the policies and Conditions in effect at the moment in which you use the Website, except when by law or decision of governmental entities we must make changes retroactively to said policies, Terms or Privacy Statement, in which case the possible changes will also affect orders made previously by you.

17. Applicable legislation and jurisdiction

The use of the Website and the product purchase contracts through the Website shall be governed by Luxembourg legislation. 

Any controversy that arises or is related to the use of the Website or said contracts shall be subject to the jurisdiction of the Luxembourg courts.

18. Comments and suggestions

Your comments and suggestions are always welcome. Please send any comments and suggestions through any of the communication methods available on the Website.  

If you, as a consumer considers that your rights have been breached, you may fill a complaint with us by sending an e-mail to info@awka-willka.com with a view to seek an amicable settlement. If the sale was concluded online through our Website, we inform you that, in accordance with Regulation (EC) N° 524/2013, you are also entitled to seek an out-of-court settlement of our dispute through the EU on-line dispute resolution platform accessible at the internet address http://ec.europa.eu/consumers/odr