Terms and Conditions
The following sales general conditions regulate the sales conditions of goods and services offered by E & L Asia Pacific Limited (“we” “us” “our” or "Wandersnack") through the internet website www.wandersnack.com (from now on, the “Website”) and – on the other side – the conditions of use of the Website by the users.
On these T&C we adopt the following definitions:
“WEBSITE”: the internet website accessible through the internet address “www.wandersnack.com”, exclusive property of E & L Asia Pacific Limited.
“USER” or “CLIENT” or “CUSTOMER” or "YOU": the person interested in using the services of the Website.
“SERVICE”: all the services offered by E & L Asia Pacific Limited through browsing the web and registering to the Website.
“RESERVED AREA”: section of the Website devoted to the user and containing the summary and the state of Orders, Subscriptions and the personal data.
ACCEPTANCE OF TERMS
The online purchasing of goods and/or services and/or memberships/subscriptions imply your full acceptance and agreement to comply with these sales general conditions (from now on, “T&C” or “General Conditions”).
The General Conditions must be considered valid and effective unless updated, amended, replaced or integrated by us. Possible amendments and/or integrations to the T&C will be valid from the effective date of publishing on the Website and they will be applied to the sales accomplished since that date on. The latest updated version of the T&C is the one available on the specific section of the Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
By agreeing to these General Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in Hong Kong and you have given us your consent to allow any of your minor dependents to use this site. A breach or violation of any of the T&C will result in an immediate termination of your Services.
SERVICE PURPOSE AND DESCRIPTION
The Service, accessible through the Website, consists of the supplying via subscription of a package (the “Box”) with a different selection of snacks, stickers and a guidebook from a specific country selected by us. Each month of your subscription, the selection of Products from the country of the month may change. Accordingly, we cannot guarantee that a selection available in a particular timeframe will be available in any subsequent timeframe.
The supplying of the Box (from now on, the “Subscription”) happens monthly and customers have to pay the Service up front. There are two types of subscription: with recurring payments (month to month and yearly) or with pre-paid payment for a fixed period of time (3 months, 6 months or one year gift).
The Users who have completed the online registration procedure and created a personal profile (from now on, “Registered Users”) will be able to manage their own orders, subscriptions, personal data by themselves directly on the specific Reserved Area on the Website.
The User acknowledges and accepts that in case of violation of the law or of third parties rights or of these General Conditions by the User, we may suspend or quit, at its absolute discretion, the supplying of the Service, prevent the access to the Website or undertake any other action in order to protect our actual or potential rights and interests.
The service is available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use this service only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for any and all activities, subscribers and purchasers.
REGISTRATION AND MEMBERSHIP
To join the service, you must register as a member on our Website. You simply need to enter you first name and last name, your valid email address and password to create your login profile.
The User assumes full responsibility for the truthfulness and correctness of the data provided.
As a registered user of the website, you agree to receive emails promoting any special offer(s), including third party offers. We may from time to time send you our monthly newsletter. You may opt-out from receiving special promotions or our newsletter by emailing email@example.com or selecting to unsubscribe as may be provided in the applicable e-mail correspondence.
Purchases made on this Website are secure and guaranteed and can be made through the following credit cards at this time: Visa, MasterCard, American Express, JCB, Diner’s Club or Discover (please check our Shipping, Return and Exchange Policy for an updated list).
We use third parties payment services in lieu of directly processing your credit card information. By submitting your credit card information, you grant us the right to store and process your information with the third party payment service, which it may change from time to time; you agree that we will not be responsible for any failures of the third party to adequately protect such information. All financial matters regarding your information are subject to the conditions of the third party payment service provider’s terms of service; the current version of which is attached as a link at https://stripe.com/us/legal and https://rechargepayments.com/. You acknowledge that we may change the third party payment service and move your information to other service providers that encrypt your information using secure socket layer technology (SSL) or other comparable security technology.
By purchasing a subscription product, you agree to pay the listed price on a recurring basis to be charged on the fifth day of every month (for the monthly subscription) or once per year (for the annual subscription). We will automatically bill your credit card provided during the initial purchase for the listed amount each month or year. Further, unless you cancel your subscription prior to the end of your then-current subscription period, at the end of that period, your subscription will automatically be renewed for an additional subscription period of the same amount of time.
Subscriptions purchased as gifts are paid for up front and may not be refunded or cancelled. If any fee cannot be charged to your credit card for any reason, we may provide you, via email, notice of such non-payment and a link for you to update your payment information. If such non-payment is not remedied within 7 days after receiving notice of non-payment, then we may terminate the subscription.
In case of subscriptions with a discount code (which entitles the Client to a reduction in the purchase price) or a promotional code (which entitles the Client to free products and / or services), it will be valid only for the very first order payment and not on the next automatic renewals. The same discount or promotional code cannot be used more than once by the same user and cannot be combined with other offers. If the User repeatedly uses the same promotional code to purchase a subscription, we reserves the right to invalidate the effects, not providing the products and / or services that would be free with the subscription.
Any offers published by us are valid as long as they are published on the Website and within the limits of the available products stock. We cannot exclude that occasionally errors or unexpected variations may occur.
As a paid subscribed user of the website, you will receive a box with 6 (six) to 8 (eight) snacks that may consist of a selection from crisps, biscuits, crackers, candies, nuts, jerky, gummies, or other snack-related items along with stickers and a guidebook (from now on, the “Products”) from a specific country every month until your subscription ends or is cancelled. Each month of your subscription, the selection of Products may change. Accordingly, we cannot guarantee that a selection will be available in any particular or subsequent timeframe.
BY SUBSCRIBING YOU AGREE TO PAY THE SUBSCRIPTION FEE FOR THE PRODUCTS THAT ARE SUPPLIED AT EACH DELIVERY.
You have to subscribe by the 15th of each month to receive the box on the 25th of the same month. Users that subscribed after the 15th of the month will receive their first box only on the 25th of the second month following the month of purchase. Shipping dates and/or arrival times are only estimates. In the event that there is an exception to the normal shipping schedule, you may be notified with a revised shipment arrival date.
The cost of delivery is offered by us for all customers receiving the box in Hong Kong. We use S.F. Express and Hong Kong post office to deliver your box. Please be reminded that for delivery at home and remote areas SF will charge a surcharge fee upon collection of the box.
Any box returned to our facility because of an incorrect address will be subject to the corresponding variable return fee decide by us.
You can follow the status of any shipment online, through the tracking code that we will send you once the order has been shipped. The tracking allows the Client to get information about the carrier, the shipping code, delivery date and the instructions on how to track the package.
RISK OF LOSS
All products purchased from us will be shipped by S.F. Express or HK post office. As a result, title and risk of loss for all products will pass to you upon our delivery to the carrier. You are liable for submitting the correct shipping address. All changes to shipping address must be submitted at least 24 hours prior to the 5th of the month (when orders are renewed). We are not to be held responsible for any lost, stolen, melted, damaged, or destroyed items as a result of the shipping process.
RETURNS AND REFUNDS
The box is not returnable after purchase. We may issue a refund only under special circumstances at our sole discretion.
If you would no longer like to receive our box and your subscription is currently active, you are solely responsible for cancelling your subscription before it renews. You may cancel anytime by sending us an email at firstname.lastname@example.org.
You must cancel the subscription by the 5th day of the month following the end of your then-current subscription period. Otherwise the automatic order will be considered acquired and the suspension / cancellation will be considered valid starting from the following month.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES
YOU ARE SOLELY RESPONSIBLE FOR DETERMINING IF OUR PRODUCTS ARE SUITABLE FOR USE OR CONSUMPTION. WE ARE NOT ABLE TO PROVIDE ANY ASSURANCES REGARDING ALLERGIES.
Some of our products may contain common food allergens; if you are unsure if a product contains an ingredient that may cause an allergic reaction, do not eat it. Although we provide ingredients for all our products, the products are manufactured externally and we therefore cannot guarantee that the ingredients are accurate or that cross-contamination did not occur.
We do not represent or warrant that access to our site (including using our applications or software), or any part of it, will be uninterrupted, reliable or fault-free.
We do not represent or warrant to you that our site or any of its contents will be accurate, complete or reliable.
You agree that no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Any information which you transmit to us is transmitted at your own risk.
To the extent permitted by law, we exclude all liability (whether arising in contract, tort or otherwise and whether or not due to our negligence) which we may otherwise have to you as a result of:
- any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to our site (including using our applications or software) or any information on our site;
- the unavailability of our site (or any part of it), products or services;
- any delay in providing, or failure to provide or make available our products or any negligent provision of products;
- any product not being of merchantable quality or fit for their intended purpose; or
- any misrepresentation on or relating to our site, the merchandise or the services.
Save as required by law:
- we will not be liable to you for any indirect or consequential loss, damage or expenses, including loss of profits, business or goodwill, arising out of any problem you notify to us, and
- we will have no liability to pay any money to you by way of compensation except otherwise specified in these terms and conditions.
You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase merchandise from our site. We make no representation and accept no liability in respect of the export or import of the merchandise you purchase.
You agree that each of these limitations is reasonable having regard to the nature of our site and in particular given that when you purchase merchandise through our site you will enter into a separate contract with the supplier in each case.
None of the above exclusions shall affect any statutory rights which are not capable of being excluded. However, in such case our obligation, where permitted by law, will be limited to the resupply of our services or the merchandise to you.
Each of the above exclusions or limitations shall be construed as a separate, and severable, provision of these terms and conditions.
You represent, warrant and covenant that you will not:
- use our site for any fraudulent or unlawful purpose;
- use our site to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others' privacy rights or rights of publicity;
- interfere with or disrupt the operation of our site or the servers or networks used to make our site available; or violate any requirements, procedures, policies or regulations of such networks;
- transmit or otherwise make available in connection with our site any virus, worm, Trojan horse or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment;
- reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to our site (including our applications or software);
- modify, adapt, translate, reverse engineer, decompile or disassemble any portion of our site (including our applications or software);
- frame or mirror any part of the site without our express prior written consent;
- create a database by systematically downloading and storing the Content, User Content or any site content; and
- infringe any copyright, design right and intellectual property right in the products.
The intellectual property rights in all Content are owned, controlled or licensed by or to us. Except for the rights granted to you under next paragraph , nothing in these terms and conditions shall confer on you any right or interest in the Content and all other rights are reserved to us.
Subject to these terms and conditions, you may use the Content for your own personal purposes.
Unless you have our express written consent or you are expressly authorised by law to do so, you shall not:
- use the Content for any commercial or other non-personal purpose;
- make any copies of the Content or transfer the Content to any other device or any other person; or
- otherwise reproduce, distribute, communicate to the public, modify, reformat, prepare derivative works of or display the Content.
You acknowledge and agree that we may cease to supply any of the Content to you at our sole discretion if you are in breach of any of the terms of this clause.
We shall use all reasonable commercial endeavors to ensure the accuracy of the Content but gives no warranties and makes no representations, express or implied, statutory or otherwise regarding the accuracy, quality or completeness of the Content or its fitness for any purpose and we exclude any liability relating to it. You also agree that responsibility for the content of advertisements appearing on our site rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with its advertisement. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy of information contained on our site.
USER GENERATED CONTENT
When you submit any user generated content including all text, files, images, photos, sounds, videos or other materials to our site (“User Content”), you grant to us, a perpetual, irrevocable, non-exclusive, worldwide, transferable, sub-licensable fully paid-up and royalty-free licence to reproduce, distribute, communicate to the public, publicly perform, modify, prepare derivative works of, display and otherwise use the User Content in connection with the site, including without limitation for the purposes of promoting and redistributing part or all of the site in any media formats and through any media channel. Without limitation, the rights that you grant to us under this clause include a right to grant each user of the site a sub-licence to use the User Content to the extent permitted by the functionality of the site from time to time. You hereby waive, and procure that all other authors of the User Content waive, all moral rights in the User Content (including rights to be identified as the author of the User Content or to object to any derogatory treatment of the User Content), whether such rights subsist now or at any time in the future in any place in the world.
You represent, warrant and covenant that:
- you have the legal right and authority to grant the licence in the paragraph above;
- you are the owner of the User Content and/or have all of the necessary rights, consents, permissions and licences which are required for you to grant us the licence in clause 11.1 above;
- by exercising the licence in the paragraph above, we shall not infringe the intellectual property rights or other rights of any third party;
- to the extent that the User Content identifies any individual (whether by name, picture or otherwise), you have obtained all consents and permissions from those individuals which are required for us to use the User Content as contemplated by the licence in clause 11.1 above;
- the User Content does not include any material that may be illegal, defamatory, obscene, offensive, harmful to the safety of any person, aimed at harassing any person or otherwise is inappropriate for display on our site; and
- at our request, you will provide us with written copies of any consents, permissions and licences that you are required to obtain.
You agree to indemnify us and all of our directors, employees and contractors, and hold us all harmless from any claim, loss, damage, cost, expense (including legal expenses) or other liability which may be incurred by us arising out of any breach of the covenants, warranties, representations and agreements herein.
Certain links, including hypertext links, in our site will take you outside our site. Links are provided for your convenience and inclusion of any link does not imply endorsement or approval by us of the linked site, its operator or its content. We are not responsible for the content of any website outside our site.
We may terminate your access to our site or registration immediately if you are in breach of any of these terms and conditions.
Any rights that have accrued to either party at the date of termination will remain enforceable after termination.
All intellectual property rights in the Content, User Content, design, text, graphics and other material on our site and the selection or arrangement thereof are owned, controlled or licensed by or to us. Any authorised used without our prior written permission is strictly prohibited.
All trade marks, product names and company names or logos used in our site are our property or that of their respective owners. No permission is given by us in respect of the use of any such trade marks, get-up, product names, company names, logos or titles and such use may constitute an infringement of the holder's rights.
The failure of us to exercise or enforce any right or provision of these T&C shall not constitute a waiver of such right or provision.
These T&C and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the T&C).
Any ambiguities in the interpretation of these T&C shall not be construed against the drafting party.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Hong Kong.
You can review the most current version of the T&C at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these T&C by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these T&C constitutes acceptance of those changes.
In the event that any provision of these T&C is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these T&C, such determination shall not affect the validity and enforceability of any other remaining provisions.
Questions about the Terms of Service should be sent to us at email@example.com.