General Terms and Conditions for the Sale of Products or Services
These general conditions of sale govern all interactions between the Customer and Wonderwalk Sdn Bhd as well as the purchase of products and services carried out in the authorized Wonderwalk Sdn Bhd Outlets in Malaysia. Before placing an order, the Customer is required to read these Terms and Conditions, made available on the Wonderwalk Sdn Bhd Website (https://wonderwalk.my) for consultation, storage and archiving.
Art. 1. Definitions
- Except as otherwise provided in the Contract, the following terms and expressions used in these Terms and Conditions of Sales shall have the meanings shown below:
- a) “Wonderwalk”: Wonderwalk SDN. BHD., Company Registration No: 202001037299 (1393620-D), 6-1-3A, I-Santorini, Jalan Seri Tanjung Pinang 1, 10470 Tanjung Tokong, Pulau Pinang, Malaysia.
- b) “Site” or “Website”: The Website accessible at the URL https://www.wonderwalk.my, owned by Wonderwalk.
- c) “Outlet”: Every shoplot officially authorized by Wonderwalk to offer and sell the services and products of Wonderwalk.
- d) “Customer”: A natural person who concludes the contract for the purchase of one or more products and/or services of Wonderwalk and who is acting for purposes that are outside of his trade, business, craft or profession.
- e) “Parties”: Wonderwalk and the Customer.
- f) “Product”: Every product and service offered by Wonderwalk for purchase displayed in the Outlet and/or in the Marketing Material of Wonderwalk. The Marketing Material is constantly being updated and the availability of each product may vary without notice.
- h) “IFU”: Instructions for use and user information of the corresponding Product. It contains the detailed explanation and instructions of the manufacturer and Wonderwalk for the correct individual use by the Customer, the correct storage and – if applicable – the correct maintenance and is designed to maximize the safety and the performance of the Product for the Customer.
- i) “Business Days” and “working hours”: Monday to Friday, except national holidays, with working hours indicated in each Outlet and on the Website, or pre-agreed appointments between the Parties.
- j) “General Conditions” or “General Terms and Conditions”: These General Conditions of Sale, which govern the relationship between Wonderwalk and the Customer.
- k) “Contract”: Is made up of these General Terms and Conditions and the Order Confirmation. In the event of any inconsistency between the General Conditions and the Order Confirmation, the Order Confirmation shall prevail.
- l) “Order Confirmation”: An order made by the Customer to Wonderwalk will only become legally binding for the Parties when Wonderwalk officially confirms the order with the Order Confirmation, given to the Customer in electronic form or as a printout.
- m) “Marketing Material”: All tools, in soft or hard copy, to display, introduce, explain and promote the Products and Services of Wonderwalk, including, but not limited to, Product photos and videos, Website, catalogues, Product information, flyers, prospects, brochures and fact sheets. Wonderwalk holds all copyrights of the Marketing Materials, and their commercial use by the Customer or third Parties is only allowed with the written authorization of Wonderwalk.
- n) “Booking Website”: Wonderwalk uses the booking system of SimplyBook.me for the Customer to book an appointment(s) in Wonderwalk’s Outlets. The booking system can be found on the Wonderwalk Website (https://www.wonderwalk.my), Facebook and Instagram. The Customer can use it to book the appointment and/or download the Wonderwalk Web-App. The Web-App can be installed on any smartphone (iOS and Android).
Art. 2. Parties to the contract
- Parties to the contract are Wonderwalk and the Customer, whose personal data are shown in the Order Confirmation. Wonderwalk’s data are contained in article 1, paragraph 1, letter a) of these Terms and Conditions.
- The contract between Wonderwalk and the Customer is subject to, among other things, the laws and regulations of Malaysia.
Art. 3. Scope of the contract
These Terms and Conditions govern the purchase of the Products and services, conducted by the Customer in the Outlets.
Art. 4. Purchasing procedure and the conclusion of the agreement in the Outlets
- Wonderwalk Products are customized and adjusted to the Customer`s needs and requirements in a detailed examination and consultation process by the Wonderwalk staff in the Outletss only.
- Walk-in Customer(s) is(are) always welcome, subject to availability. If the appointment slots are fully booked, Customer(s) can book the next available slot with the help of Wonderwalk’s staff, using the booking system.
- The Products will be produced based on the information and individual data on the Customer gained and measured by Wonderwalk’s qualified and knowledgeable personnel and the professional high-technology equipment in the Outlets. All Products are customized to the needs and requirements of the Customer only.
- Before the purchase and the handover, the Products will be tested and checked on the designated Customer to ensure that the Product will perform safely and stably for its initial purpose.
- Wonderwalk has the right to accept or reject, at its sole discretion, the order submitted by the Customer. The latter may not complain or claim for rights of any kind, for any reason, in the event of non-acceptance of the order. The Purchase Agreement between the Customer and Wonderwalk is concluded and enters into effect with the sending of the Order Confirmation to the Customer. By placing the order, the Customer confirms that he has read, understood and agreed to the Terms and Conditions of Wonderwalk.
Art. 5. Description and visual representation of goods
- The visual representation of the Products on the Website, if available, usually corresponds to the photographic image of the Products themselves and/or their packaging. This representation has the sole purpose of presenting them, without any warranty or commitment by Wonderwalk to the exact correspondence of the image depicted on the Website with a Product example.
- Due to the nature of customized products, all Products can vary and differ from each other. Therefore, the Products displayed in any Marketing Material have the character of examples only and may differ from the real individual and customized Product.
Art. 6. Product availability
- The Customer can buy only the Products and services offered by Wonderwalk listed in the Marketing Material on the Website or displayed in the Outlets, if available. Prices and availability of the Products are subject to change at any time and without notice.
- Wonderwalk does not make any commitment or guarantee the certainty of prompt delivery of the Products purchased and listed as available on the Site, as these indications are to be considered approximate.
Art. 7. Prices and payments
- The Customer will pay Wonderwalk the price indicated in the Order Confirmation. All Product prices are indicated on the offer material from Wonderwalk in Malaysian Ringgit and are exclusive of any taxes.
- Wonderwalk accepts payment in advance only. The payment must be transferred through the offered payment options directly by the Customer after receiving the Order Confirmation.
- Wonderwalk accepts the following payment options:
- Credit Card: Visa/Mastercard/American Express (local Malaysian and international)
- Debit Card: Visa/Mastercard (local Malaysian and international)
- China Union Pay (CUP)
- Instalment: EzyPay for Maybank Customers only
(6 months min RM500|max RM20,000 –
12 months min RM1000|max RM20,000)
- If the Customer purchases Products with payment by credit card, the information relating to the buyer’s credit card will be transmitted to and managed by a third party (“Intermediary”), via secure connection directly to the Intermediary that handles the transaction.
Art. 8. Discounts and benefit vouchers
- Wonderwalk does not grant discounts or any other kind of price reductions unless the discount is stated in the company’s policy as part of an ongoing promotional campaign.
- On special occasions, Wonderwalk offers benefit vouchers, which are clearly defined and time-limited. These vouchers can be used in any Wonderwalk Outlet in Malaysia.
Art. 9. Invoice
- Wonderwalk uses the Simplybook.me POS system (Point Of Sales). An e-invoice will be auto-generated and sent through email and will be accessible in the Wonderwalk booking system or Web-App after each successful payment.
Art. 10. Force majeure and acts of third parties
- Wonderwalk is not liable for cases of force majeure, unavailability of transportation, acts of third parties, unforeseeable or unavoidable events that cause a delay in manufacturing and delivering or make deliveries difficult or impossible or cause a significant increase in the cost of delivery charged to Wonderwalk.
- A force majeure event means any event or circumstance the occurrence and effect of which the affected party is unable to prevent or avoid, including but not limited to acts of God or forces of nature, landslides, lightning, earthquakes, floods, fires, storms or storm warnings, tidal waves, pandemics, shipwrecks and perils to navigation, acts of war or public enemies, invasions, acts of terrorism, strikes, work stoppages or sabotage.
- In the case of force majeure events such as those referred to in the preceding paragraph, Wonderwalk has the right to split, postpone or cancel, in whole or in part, the expected delivery or terminate the Purchase Agreement. In such cases, Wonderwalk commits to providing timely and adequate notice of its determination to the Customer, who, in this case, has the right to a refund of any money already paid, excluding any further claims, in any capacity, against Wonderwalk. In this sense, the Customer expressly waives any and all claims, even for a mere reimbursement or compensation from Wonderwalk.
Art. 11. Use, custody and storage of Products
- The Customer must confirm having read, understood and agreed to the IFU of the Product and must follow the IFU strictly. The Products sold by Wonderwalk must be kept and maintained by the Customer using the necessary cautions and precautions related to the nature of the Products.
- Negligence or incompetence in the conservation of each Product can damage and degrade its quality. Wonderwalk is not liable for any damage to Products sold resulting from incorrect or improper storage of the same, with the express limitation of any warranties with respect thereto.
- Wonderwalk cannot be held responsible for the conditions of heat- and humidity-sensitive Products that are exposed to weather conditions inappropriate for them.
- Wonderwalk Products are customized and adjusted for the individual circumstances and needs of the Customer, who is the designated end-user of the Product. Wonderwalk is not liable for any damages, pains and other negative impacts on anyone or anything beyond the intended user of this Product due to the misuse of the Product. The IFU of the Product will be given to the Customer together with the Product. The Customer is only allowed to use the Product after reading and understanding the IFU. If the Customer has difficulty understanding the IFU, he is obligated to contact Wonderwalk immediately for further clarification before using the Product.
- Once having accepted the Terms and Conditions of Wonderwalk, as stipulated under point 1, the Customer accepts these Terms and Conditions for all subsequent purchases and relations with Wonderwalk.
Art. 12. Warranty
- Wonderwalk ensures that the Products are free from defects in material and workmanship for a period of three (3) months from the date of the invoice. Within these 3 months, Wonderwalk offers the following Services:
- Extensive adjustments to the Wonderwalk insoles, according to the condition of the Product and needs of the Customer
- If the extensive adjustments do not improve the Product condition and the Customer still feels uncomfortable, Wonderwalk will offer a newly manufactured pair of Wonderwalk insoles in exchange
- Wonderwalk insoles are non-refundable
The Wonderwalk sandals have two parts: The base of the sandal and the Wonderwalk insole that is fitted inside the base of the sandal.
- The base of the sandal is non-exchangeable and non-refundable
- Extensive adjustments to the Wonderwalk insoles, according to the Product condition and needs of the Customer
- If the extensive adjustments do not improve the Product condition and the Customer still feels uncomfortable, Wonderwalk will offer a newly manufactured pair of Wonderwalk insoles in exchange
- The Wonderwalk insoles are non-refundable
- The inactivity of the Products during such periods of repair does not extend the warranty period.
- Wonderwalk does not accept the return of the Product under any circumstances but offers replacement and adjustment only. Also, Wonderwalk will not reimburse any payment on any Product that is rejected by the Customer after the purchase agreement between the Parties becomes legally binding.
Art. 13. Warranty exclusions and limitations
- The warranty referred to in Article 12 (“Warranty”) is invalid if the Customer has damaged the Products by gross negligence or willful misconduct, or by his negligence or neglect or other reasons not attributable to Wonderwalk has damaged or rendered defective the Products, or exposed them to natural events or used them improperly or without following the instructions set out in any IFUs, or has performed or made perform by personnel not authorised by Wonderwalk repairs, interventions or tampering, or has failed to perform the necessary maintenance or has stored them incorrectly. The warranty is also invalid if defects, faults or malfunctions result from using the Products in ways other than those referred to in the Contract and IFU, for which they were designed and manufactured, or in the case of normal wear or deterioration of consumable parts.
Art. 14. Right to withdraw
- All Products of Wonderwalk are customized and adjusted to the individual requirements and needs of each Customer. Therefore, in case of rejection or withdrawal, they cannot be used for any other Customer and have to be scrapped completely.
- Wonderwalk puts the utmost effort into reducing any risks for the Customer by applying its deep know-how, professional high-technology measuring equipment and high-precision machines and tools to guarantee a Product perfectly adjusted to the Customer. Wonderwalk tests the performance and fit of the Product on the Customer before the handover of the Product to the Customer.
- If an adjustment or modification cannot eliminate the misfunction of a Product, Wonderwalk will conduct a new examination and measuring process free of charge to develop a new Product for the Customer that will meet the initially intended purpose.
- If the Customer does not comply with these Terms and Conditions of withdrawal or harms the Product in any way, the Purchase Agreement shall remain valid.
Art. 15. Exemption from liability for contents posted on the Website by the Customer
- Each Customer, upon registration with the Website, may post comments, reviews and opinions on the Products referred to in the electronic catalogue or any other Marketing Material. This feature cannot be used for unlawful purposes such as, but not limited to, carrying out spamming activities or posting defamatory, libellous, threatening or racist content in violation of another’s privacy and personal dignity. It is also forbidden to post propaganda or advertising messages and references to websites and competitors. The publication of this content is carried out free of charge by the Customer, who may delete the reviews and opinions at any time by accessing the Website with his credentials. The Customer acknowledges that any content placed on the Website may be deleted at any time by Wonderwalk, for example, due to the termination of the sale of the reviewed Product or the closure of the spaces for comments, reviews and opinions.
- Under the laws and regulations of Malaysia, Wonderwalk has no obligation to monitor the activities carried out by each Customer on the Website. Wonderwalk, however, reserves the right to remove any content generated by the Customer if it is made aware of, or gains knowledge in any other way, of the pursuit of an unlawful purpose or the violation of one or more of the prohibitions listed above, or an express request has been made to do so by an administrative body or a third party that is believed infringed upon by the aforementioned content. In such cases, Wonderwalk will notify the Customer of these measures in the manner of its choice and shall have the right to suspend or terminate his account, even without notice, without prejudice to any other right of recourse against the person responsible for the violation.
Art. 16. Amendments
- Wonderwalk may change at any time and without notice the contents of these Terms and Conditions.
- Any amendments made will take effect from the date of their publication on the Website.
Art. 17. Slight negligence and limitation of liability
- Wonderwalk is not liable for damages to third parties that may be caused as a result of its negligence.
- In no case will any sums due to Wonderwalk for any reason whatsoever exceed those paid by the Customer for the execution of the Contract.
Art. 18. Intellectual property rights
- All trademarks and any intellectual work, distinctive mark or name, image, photograph, written text or graphics, and more generally any other intangible asset protected by laws and international conventions on intellectual property and industrial property reproduced on the Website and in the Outlets remain the exclusive property of Wonderwalk or its licensors or both, without the Customer deriving any right over them from accessing the Website or the drawing up of Contracts for Products.
Art. 19. Processing of personal data
- Wonderwalk is committed to compliance with current legislation regarding the protection of personal data. Information on how it processes personal data is made available on the Website and is viewable at any time before the Contract is signed.
Art. 20. Other provisions
- All purchases of Products and services provided to Customers who access the Website or visit the Outlets are governed by these Terms and the other provisions and operating instructions contained on the Website and in the Outlets. In the event of any inconsistency between the aforesaid provisions and operating instructions and what is contained in the General Terms, the latter shall prevail.
Art. 21. Complaints
- If you have any comments or complaints regarding our services, you can contact Wonderwalk
- By using Facebook Messenger.
- By using Whatsapp 0060169733678.
Art. 22. Applicable law and jurisdiction
- This contract is governed by Malaysia Laws.
- Any dispute that may arise concerning the application, interpretation and execution of the Contract, shall be subject to the exclusive jurisdiction of the court of Penang, Malaysia, despite the violation, in this case, of art. 3 of these General Terms.
- Disputes with Customers are devolved to the judicial authority of the place of residence or domicile of the Customer.
- Disputes with Customers living outside of the Malaysian territory are devolved to the jurisdiction of the Court of Penang, Malaysia, as the jurisdiction of the place where the Contract is executed.