WISHALIVE Buyer Protection Program:

Extended Terms of Service and Conditions - Click Here.

Shop Confidently and safely with our WISHALIVE Buyer Protection Program.
Get a refund if your item doesn't arrive, arrived damaged, or isn't as described within the protection period;

 

What's eligible for Buyer Protection Program?
Your order doesn't match the item descriptions or photos or arrived damaged/shortage, within 15 days from receiving the item(s);
Your item didn't arrive or was lost in transit within the guaranteed delivery window in order detailed page; This guarantee is in addition to and does not limit your statutory rights as a consumer, as granted by all mandatory laws and regulations applicable in your country of residence.
We've got your back if something goes wrong.

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What are WISHALIVE's statutory rules:

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See below on how it works:

 

Buyer Protection Program Terms and conditions

 

1. Contact Seller:[p1

Select the order and discuss the issue with the seller by click "contact seller" and see possible solutions. 

 

2.File a Return/refund Request

Select the item(s) you would like to return/refund via "My orders->order detail->Return/refund". Please share your reason for return to help us serve you better next time, upload related information when needed and click "Submit" (If the return is made due to change of mind, you shall pay for related return shipping fee)

 

3.Get Refunded

If your order is eligible for Buyer Protection Program, you'll be refunded for your item(s). You may choose to receive the refund to your WISHALIVE fast refund-bonus (certain conditions applied) or your original payment method. You will receive a confirmation when the refund is done.

 

Free Return

For items with “Free Return” label, you can return the products within 15 calendar days from receiving the item(s) in an eligible delivery location, without any reason or justification if the item is in unused and undamaged condition with original packaging and all safety seals and labels are retained and not damaged.

 

For Large Orders and Overseas Territories Orders, before you place the order, please contact the seller or the platform customer service to confirm if you are entitled to Free Return service.

* Large Orders refer to the parcels exceeding one of the following standards:
- Longest side: 120 CM
- Total of length, width and height: 210 CM
- Weight: 30 KG

 

* Overseas Territories Orders refer to the orders with addresses in the territories of Spain, the postal code of which starts with 35, 38, 51 or 52.

Return package services are currently suspended for the following areas and territories: - Ukraine: regions of Luhansk, Donetsk, Zaporozha, Kherson. - United States : military zip code starts with 090-099, 962-966 and 340, PR zip code starts with 006-009, HI zip code begins with 967-969.

For more details, please consult our Help Center, Terms and Conditions, Privacy Policy.

 

Easy

• Select the item(s) you would like to return/refund via "My orders->order detail->Return/refund, pack the items and use the return label to send back the returned items.

• Please return the items in accordance with the instructions on the return form that you receive.

 

Fast

• You will be fully refunded as soon as the quality control has been completed at the warehouse and the returned items meet the conditions of refund.

• You can always go to your dispute detail page to keep updated about return progress. After dispute finished with full refund,，your financial institution may take longer to reflect the transaction.

 

Service Scope

Most items are eligible for free returns if you're not satisfied, except:

1. Items that are worn, washed, damaged, with tags, packaging or hygiene sticker removed or in an incomplete set.

2. Fresh & Frozen Food, Dairy & Eggs, Live plants and etc.

3. Underwear, Panties , Adult Products and etc.

4. Tickets, Vouchers & Services, Virtual products and etc.

5. Free gifts

6. Customized products

 

• For your each  return request, we will provide you with one pre-paid return label. However, in total, you are only entitled to receive a maximum of three (3) pre-paid return labels per month.

 

• If you initiate multiple return requests under the same order, you may receive several pre-paid return labels (up to three) or still only receive one pre-paid return label, which shall be subject to the system. If only one pre-paid return label is offered to you for your several requests, please return all returned items in one parcel, otherwise, if you send part of returned items with the pre-paid return label, although you can still return other items under the same order within the time limit, we regret that you may need to pay additional shipping fees for the return of other items.

 

• WISHALIVE monitors return activity for abuse and reserves the right to limit returns on WISHALIVE in all instances.

Item(s) with "Free return" will enjoy the above service. currently there are 24 countries is enjoying this service, and we are in the mid of expanding this service to more countries.

 

Statutory rights

The seller must comply with other relevant legal requirements (warranty, return, etc.) that may be applicable depending on your location as buyer.

 

For instance, in most AU/EU countries you will generally have a 2-year legal conformity warranty and a 14-day right to return (Please note that in case of return, the buyer must bear the cost of returning the products to the seller).

 

In Brazil, you will generally have a 30-day (non-durable goods) or 90-day (durable goods) legal conformity warranty. Additionally, you will have a 7-day right of regret as outlined in the Brazilian consumer legislation.

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Still have questions? We're always here to help.

24/7 LIVE CHAT

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Terms and Conditions:

Buyer Protection Money Back Guarantee” or “Basic Buyer Protection” Rules, Terms & Conditions (the “Official Rules”)

These Terms & Conditions apply to the “Buyer Protection Money Back Guarantee” or “Basic Buyer Protection” in WISHALIVE (the “Buyer Protection”).

 

1. Promoter: the contracting party determined in accordance with the section “1.1 Contracting Party” of the WISHALIVE.shop / WISHALIVE.com Transaction Services Agreement (“WISHALIVE” or the “Promoter”).

 

2. Eligible Member: You must be a registered member of WISHALIVE with a valid account and have successfully made and completed a purchase of goods and/or services on WISHALIVE.

 

3. Buyer Protection Period: the number of days (appearing/confirmed on the product listing page at the time when the Eligible Member completed the purchase from the seller on WISHALIVE) which the seller guarantees the Eligible Member that it would receive the goods and/or services ordered from the seller, start counting from the day the Eligible Member completes such purchase on WISHALIVE.

 

4. Rules:
a. If the Eligible Member does not receive the goods and/or services within Buyer Protection Period or receives goods and/or services that are sub-standard in its view, the Eligible Member may initiate the dispute procedures as stipulated in WISHALIVE under “Disputes and Reports” to report this incident (“Dispute Procedures”) to WISHALIVE.

b. During the Dispute Procedures, WISHALIVE will investigate this incident considering (but not limited to) the following factors:
i. Whether goods and/or services received by the Eligible Member are damaged, defective, or are substantially different from what has been presented or described on the product listing page;
ii. Whether the non-arrival of goods and/or services to the Eligible Member is due to factors beyond its control;
iii. Whether the non-arrival of goods and/or services to the Eligible Member is due to error or miscommunication on the part of the Eligible Member (eg providing incorrect shipping address etc); or
iv. Whether the goods and/or services are returned to the seller due to such goods and/or services not being able to clear customs.

c. WISHALIVE may ask the Eligible Member for relevant information, documentation, records and/or other evidence to support Eligible Member’s claim.

d. After the Dispute Procedures, WISHALIVE will make a determination (which is final and not subject to appeal). If the determination is in favor of the Eligible Member, subject to the terms of the Official Rules (including but not limited to the force majeure clause below), the Eligible Member will be eligible for a refund within 15 days after the completion of the Dispute Procedures. Such refund will be generally credited to the same means of payment used by the Eligible Member when placing the affected order on WISHALIVE, unless the parties have agreed on some other means and subject to the relevant technical constraints.

 

5. General Rules:
a. By participating in this Buyer Protection, you agree to be bound by these Official Rules.

b. Any fraud and/or abuse by you (as determined by the Promoter at its sole discretion) will result in forfeiture of your eligibility to this Buyer Protection and/or rights under these Official Rules.

c. WISHALIVE is not responsible for any late, lost, delayed, incomplete, illegible, misdirected or undeliverable entries, responses, or other correspondence, whether by e-mail or otherwise.

d. The eligibility to this Buyer Protection shall be determined by WISHALIVE at their sole discretion based on the Promoter’s record. If there is any discrepancy between the record of transaction held by you and that held by the Promoter, the Promoter’s record shall be conclusive and binding on you.

e. WISHALIVE reserves the right to amend these Official Rules without prior notice. In the event of disputes, the decision of the Promoter shall be final and binding.

f. WISHALIVE reserves the right and absolute discretion to cancel or revoke anyone’s right to participate in this Buyer Protection.

 

6. Force Majeure: Under no circumstances shall WISHALIVE be held liable to the Eligible Member for this Buyer Protection or any rights under these Official Rules due to or resulting directly or indirectly from acts of nature, forces or causes beyond the reasonable control of WISHALIVE or the relevant seller, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties or any suspension or disruption of transportation or business operation (including but not limited to delays or disruption of the resumption of work or operation ordered by any government agency) in the event of a national or regional spread of epidemic or pandemic.

 

7. Conflict of Terms and Conditions:
a. In case of any discrepancy in the content between the English and other non-English language versions of these Official Rules, the English version shall prevail.

b. In the event that any of the terms under these Official Rules conflict with rules and/or any such related information displayed elsewhere on WISHALIVE, the terms under these Official Rules shall prevail. The WISHALIVE.shop Transaction Services Agreement shall prevail and complement these Rules.

 

8. Disclaimer: TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE PROMOTER BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THIS BUYER PROTECTION, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

 

9. Disputes: You acknowledge and agree that the Promoter or any of its affiliates shall not be responsible, and shall have no liability to the Eligible Member or anyone else for any dispute or claim that arises out of your participation in this Buyer Protection.

 

10. Governing Law and Dispute Resolution: You agree that this Buyer Protection is governed, interpreted and enforced by the laws of South Africa, without regard to its conflict of laws principles. Any and all legal actions, claims or proceedings arising out of, or in connection with these Official Rules must be finally resolved as stipulated in the WISHALIVE.shop Transaction Services Agreement, i.e., by arbitration with the South Africa International Arbitration Centre, except as otherwise stipulated under applicable law.

 

Free Return

Terms and Conditions

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Please read these Terms and Conditions carefully! By using Free Return Service as defined in Article 1 hereblow, you will be deemed to have consented to these Terms and Conditions. We would like to draw your attention to the provisions that exclude or limit your rights, terms of governing law and jurisdiction, and/or other terms which may appear in bold and/or underlined letters.

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Article 1: With regard to online purchases concluded on AliExpress website, WISHALIVE iPhone and Android Apps, as well as Android Pads, iPads and the mobile site of WISHALIVE (collectively, "WISHALIVE Platform") for items with "Free Return" label (such items - "Participating Products"), registered sellers of WISHALIVE Platform (each a "Seller") who agree to offer Free Return Service as defined below for such Participating Products ("Participating Sellers") shall guarantee that all Participating Buyers of Participating Products will have the right to return the Participating Product(s) within 15 calendar days from receiving the item(s), without any reason or justification if the returned items meet the requirements provided for in Article 4 herein ("Free Return Service"). The Participating Sellers acknowledge and agree that they shall provide the Free Return Service in accordance with these terms and conditions herein ("Terms and Conditions"), it being specified that WISHALIVE does not intervene in the provision of the Free Return Service and/or the Return Shipping Service. In addition, please note that a Seller can provide the Buyers other return policies which may be more favorable than the Free Return Service.

 

1.1 For Large Orders and Overseas Territories Orders, before you place the order, please contact the Seller or WISHALIVE Platform customer service to confirm if you are entitled to the Free Return Service.

 

"Large Orders" refer to the parcels meeting one of the following standards: longest side > 120 CM, total of length, width and height > 210 CM, weight > 30 KG.

 

"Overseas Territories Orders" refer to the orders with addresses in the territories of Spain, the postal code of which starts with 35, 38, 51 or 52.

 

1.2 "Participating Product(s)" refers to the product(s) with "Free Return" label on WISHALIVE Platform, which is(are) entitled to benefit from the Free Return Service and/or the Return Shipping Service herein. To the fullest extent permitted by applicable law, the "Free Return" label is a technical service provided by WISHALIVE on the "as is" , "as available" and "with all faults" basis, and AliExpress makes no representation or warranty that the "Free Return" label will be uninterrupted, timely or error free. WISHALIVE may determine and/or modify such label at its own discretion.

 

 

 

Article 2: With the Free Return Service, a Participating Buyer can apply for a return of a Participating Product without any reason or justification within 15 calendar days from, as the case may be, 1) the date when the Participating Buyer confirms receipt of the Participating Product, or 2) the date when the system automatically confirms receipt of the Participating Product. In order to apply for a return, the Participating Buyer shall "open a Dispute" on WISHALIVE Platform's order page. The Participating Buyer must send the items back to the Participating Seller within 15 calendar days of applying for the return and informing the Participating Seller and ensure that the returned items meet the requirements as stipulated in Article 4. Please note that the time that the Participating Buyer sends back the items will be the collection time indicated by the logistics service provider. After the Participating Product has been shipped to the warehouse and the warehouse has confirmed that the returned items meet the conditions as provided for in Article 4 after the quality control, the Participating Buyer will receive the refund from the corresponding Participating Seller in accordance with these Terms and Conditions. If the Participating Product returned by the Participating Buyer does not meet the standards of intactness as provided for in Article 4, the warehouse will ship such Participating Product back to the Participating Buyer, providing that the shipping costs shall be borne by the Participating Buyer. 

 

 

Article 3: Subject to the Terms and Conditions, within the framework of the Free Return Service, the Participating Seller shall provide a return shipping service to registered buyers of WISHALIVE Platform (each a "Buyer" or "you") who satisfy certain requirements as determined by WISHALIVE at its sole discretion ("Participating Buyers"), it being specified that the return shipping costs will be borne by the Participating Seller. One or multiple pre-paid return labels will be provided by the Participating Seller to the Participating Buyer through the WISHALIVE Platform, by using which, the Participating Buyer can return the Participating Products without any charge after opening a Dispute according to Article 2. ("Return Shipping Service")

 

3.1 The Participating Buyers will be entitled to benefit from the Return Shipping Service one time for each request, provided that if the Participating Buyer initiates multiple return requests for the same order, he or she may receive one or several pre-paid return labels (up to three), which may vary depending on the return systems. If the Participating Buyer sends part of returned items with the pre-paid return label, he or she can still return other items under the same order within the time limit but may need to pay additional shipping fees for those items.

 

3.2 Please note a Participating Buyer can only benefit from the Return Shipping Service for maximum three times per month. In the event that a Participating Buyer returns more than three times in one-month period, the Participating Buyer can still request other returns but the return shipping costs for the exceeding part shall be borne by the Participating Buyer. Where the Participating Buyer uses the Return Shipping Service, the shipping tracking number will be automatically uploaded to the system. The Participating Buyer acknowledges that if such Participating Buyer uses the Return Shipping Service, the risk of loss passes from the Participating Buyer to the logistics service provider specified by the Participating Seller at the time when such logistics service provider receives the items. Within the framework of the Return Shipping Service, if the warehouse does not receive the corresponding Participating Product, WISHALIVE shall be entitled to determine liability according to WISHALIVE rules and protocols.

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Article 4: In order to benefit from the Free Return Service, the returned Participating Product shall meet the standards of intactness as specified below when the warehouse receives the item:

 

4.1 The returned Participating Product has maintained its original quality and functioning. The Participating Buyer shall ensure that the returned Participating Products and all accompanying accessories (such as tags, manuals, and warranty cards) are complete and maintain their original quality and functioning, and shall not represent any sign of damage or contamination, the anti-counterfeiting mark has not been scraped, activation/authorization has not been made, and the returned Participating Product shall be in unused and undamaged condition.

 

4.2 The Participating Buyer's opening of package for inspection or testing to verify the Participating Product's quality and functioning is reasonable and does not affect the Participating Product's intactness. Where any use of a Participating Product by the Participating Buyer results in significant devaluation, the returned Participating Product shall be deemed defective and not in compliance with the standards of intactness.

 

4.3 The Participating Buyer acknowledges that the packaging is an integral part of the Participating Product and consists part of the offer from the Participating Seller; and any use of and/or defect(s) to the packaging caused by the Participating Buyer may result in devaluation of the Participating Product. Therefore, the Participating Buyer shall ensure that the returned Participating Product is with original packaging and all safety seals and labels are retained and not damaged. In terms of packaging with special value, design, material and/or functions, Participating Buyer and/or his or her courier shall ensure that all handling is carried out in accordance with the requirement about protection of product and packaging specified by the Participating Seller upon fulfillment of the transaction.

 

4.3.1 Standards of intactness for regular package:

 

There is no missing part in the original package, and the form, shape and structure of the package is complete. However, unavoidable changes in form, shape and/or structure resulting from transportation and unpacking, including, but not limited to, minor to moderate deformation, stain and/or partial damage, shall not be considered to affect the intactness of the regular package.

 

4.3.2 Standards of intactness for special package:

 

If the package contains value added parts, such as anti-counterfeiting features, special designs or functions, markers or other indicators representing commemorative value, the Participating Seller may make requirements for special protection of the package to the Participating Buyer. Where there are reasonable package protection requirements prominently and explicitly specified by the Participating Seller, the Participating Buyer shall protect the package proactively and carefully. If the damage of such package results in devaluation and/or loss of functions, the product will be devalued and thus deemed as defective and not in compliance with the standard of intactness.

 

However, where the Participating Seller makes requirement about protection of special packages but fails to do so in a prominent and explicit way, the standards of intactness for regular package shall apply.

 

Where the package does not contain any special value-added parts as mentioned above, the standards of intactness for regular package shall apply.

 

4.4 Loss or damage of gift and loss of invoice shall not affect the return of Participating Product. However, for damage or loss of gift, a deduction from the refund shall be made based on the gift's market price; for loss of invoice, the Buyer shall bear the corresponding taxes.

 

 

Article 5: If a Participating Buyer wishes to return a Participating Product but does not intend to use the Free Return Service, the Participating Buyer shall contact the Participating Seller prior to the return request.

 

WISHALIVE monitors returns for abuse and reserves the right to limit returns on WISHALIVE Platform in all instances. Where WISHALIVE determines, at its sole and absolute discretion, that a Buyer has abused his or her rights by repeatedly applying for the Free Return Service and/or the Return Shipping Service or presenting a high rate for applying for the Free Return Service and/or the Return Shipping Service, the Buyer shall bear all shipping costs, and WISHALIVE shall be entitled to deduct all shipping costs from the refund and may deny the same Buyer's future eligibility to the Free Return Service and/or the Return Shipping Service.

 

 

Article 6: Please note that the following items shall be excluded from the scope of the Participating Products and shall not be eligible to neither the Free Return Service nor the Return Shipping Service:

 

(1) service contracts after the service has been fully performed if the performance has begun with the consumer's prior express consent, and with the acknowledgement that the customer will lose the right of withdrawal once the contract has been fully performed by the trader;

 

(2) goods or services for which the price is dependent on fluctuations in the financial market which cannot be controlled by the trader and which may occur within the withdrawal period;

 

(3) goods made to the consumer's specifications or clearly personalized;

 

(4) goods which are liable to deteriorate or expire rapidly;

 

(5) sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;

 

(6) goods which are, after delivery, according to their nature, inseparably mixed with other items;

 

(7) alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the sales contract, the delivery of which can only take place after 30 days and the actual value of which is dependent on fluctuations in the market which cannot be controlled by the trader;

 

(8) contracts where the consumer has specifically requested a visit from the trader for the purpose of carrying out urgent repairs or maintenance;

 

(9) sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery;

 

(10) newspaper, periodical or magazine with the exception of subscription contracts for the supply of such publications;

 

(11) contracts concluded at a public auction;

 

(12) the provision of accommodation other than for residential purpose, transport of goods, car rental services, catering or services related to leisure activities if the contract provides for a specific date or period of performance;

 

(13) digital content which is not supplied on a tangible medium if the performance has begun with the consumer's prior express consent and acknowledgment that he or she thereby loses his or her right of return.

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Article 7: Under any of following circumstances, the Participating Seller shall not be obliged in any case to offer the Free Return Service, Return Shipping Service (if applicable) and/or grant the refund (unless otherwise required by applicable laws or WISHALIVE rules):

 

(1) fraud on the part of the Buyer;

 

(2) wars, military actions, terrorist events, strikes, riots, theft, robbery;

 

(3) confiscation by relevant government authorities;

 

(4) nuclear reaction, nuclear radiation, radioactive or any other form of contamination;

 

(5) natural disasters including, but not limited to, earthquakes, lightning strokes, fires, explosions, storms, floods, typhoons;

 

(6) improper conduct of the Buyer in violation of the instructions;

 

(7) natural consumption or wear and tear of the product;

 

(8) product recall;

 

(9) external causes during transportation or storage; and

 

(10) defects unable to be detected with the technology in domestic market at the time of manufacture.

 

 

Article 8: The Participating Seller shall not be responsible for losses and costs of the following products (unless otherwise required by applicable laws or WISHALIVE rules), and the Participating Seller shall not be under any obligation to provide Free Return Service and/or Return Shipping Service for the following products:

 

(1) quality issues of a product have been acknowledged and accepted by the Buyer;

 

(2) products are sold after the Participating Seller has been suspended, closed down or bankrupted.

 

 

Article 9: Disclaimer. To the maximum extent permitted by applicable laws, in no event will WISHALIVE be liable to you for any direct, indirect, special, incidental, exemplary, punitive or consequential damages (including loss of use, data, business or profits) arising out of or in connection with your participation in the Free Return Service provided for herein, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise, and whether or not WISHALIVE has been advised of the possibility of such loss or damage.

 

 

Article 10: These Terms and Conditions shall take effect on November 1st, 2022. To the maximum extent permitted by applicable laws, WISHALIVE shall be entitled to amend these Terms and Conditions at any time by posting the relevant amended and restated Terms and Conditions on WISHALIVE Platform, without further notice to Buyers. By continuing to purchase Participating Product(s), use the Free Return Service, and/or use the Return Shipping Service, Buyers acknowledge that the amended and restated Terms and Conditions shall apply and are deemed to have accepted the amended and restated Terms and Conditions.

 

 

Article 11: These Terms and Conditions shall be governed by and construed in accordance with the laws of South Africa, disregard conflict of laws principles. Any and all legal actions, claims or proceedings arising out of, or in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of competent courts in South Africa.

 

 

Article 12: These Terms and Conditions are published in English and multiple languages. In case of any discrepancy between different language versions, the English version shall prevail.

 

"WISHALIVE" herein refers to WISHALIVE.shop / WISHALIVE.com South Africa WISHALIVE (Pty) Ltd. E-Commerce division of GIANTAlive Technology Park in KwaZulu Natal South Africa Headquarter office at 2 Ncondo Place, Ridgeside, Umhlanga Ridge, South Africa 4319.

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Transaction Services Agreement

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STATUTORY RIGHTS FOR AU/EU CONSUMERS

Consumers in the African Union ("AU") and European Union ("EU") have certain statutory rights when purchasing goods online. Below is a general description of these statutory rights.

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Please note that these statutory rights would apply without prejudice to the Money Back Guarantee and other customer services mentioned in the Buyer Protection page.

 

RIGHT OF CANCELLATION AND RETURN

In the AU/EU, you are generally entitled to cancel your order to the seller within 14 days from the day on which you (or a third party indicated by you, other than the carrier) received the goods purchased, or from the day of the conclusion of the contract, in the case of services or digital content not supplied in a tangible medium (e.g. CD or DVD).

 

You are entitled to receive from the seller a refund for the price paid for the products, including the costs of shipping the products to you.

However, if when placing the order you chose a method of shipping more expensive than the cheapest offered by the seller, the seller is not required to reimburse any relevant supplementary costs.

You must bear the cost of returning the purchased products to the seller, unless this cost was not raised before you placed the order or if the seller has offered to bear such cost.

 

This right of cancellation does not apply to:

• the supply of goods or services for which the price is dependent on fluctuations in the financial market, which cannot be controlled by the seller and which may occur within the withdrawal period;

• the supply of goods made to the buyer’s specifications or otherwise clearly personalized;

• the supply of goods which are liable to deteriorate or expire rapidly;

• the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;

• the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items;

• the supply of alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the sales contract, the delivery of which can only take place after 30 days and the actual value of which is dependent on fluctuations in the market, which cannot be controlled by the seller;

• the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery;

• the supply of a newspapers, periodicals or magazines, with the exception of subscription contracts for the supply of such publications;

• the provision of accommodation other than for residential purpose, the transport of goods, car rental services, catering or other services related to leisure activities if the contract provides for a specific date or period of performance;

• the supply of digital content which is not supplied on a tangible medium if the performance has begun with the buyer’s prior express consent and his acknowledgment that he thereby loses his right of withdrawal.

Please note that you must return to the seller each item without undue delay and in any event not later than 14 days from the day on which you communicate your decision to cancel the order. You will be liable, and not entitled to refund from the seller, for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods, unless you were not informed of your right to cancel the order before placing it.

 

CONFORMITY GUARANTEE RIGHT

In the AU/EU, you have the right to a minimum 2-year legal conformity guarantee from the seller as from the delivery of new goods. In the case of second-hand goods, the guarantee period may not be less than 1 year.

However, if you were informed that the product you purchased had quality problems, you cannot then claim redress from the seller about those particular defects.

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You will have the right to claim redress from the seller to repair the product, or replace it if repair is not a viable option. When repair and replacement are not possible, you may claim a price reduction or a refund from the seller (please note that in some countries, the sales contract cannot be cancelled if the fault is minor, e.g. a scratch on a CD case).

 

APPLICABLE LAW AND DISPUTE RESOLUTION

The WISHALIVE.shop Transaction Services Agreement is subject to Republic of South Africa laws. Such choice does not deprive consumers of the protection afforded by mandatory provisions in the laws of the country of habitual residence, which means that you are entitled to any relevant rights under the laws of the country of your habitual residence.

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Pursuant to the WISHALIVE.shop Transaction Services Agreement, in case of a dispute regarding a transaction, if the dispute is not resolved through amicable negotiation within the prescribed time period according to the relevant transactional terms, you agree to submit the dispute to the platform for determination. If you are dissatisfied with the platform’s determination, you may apply to the South Africa Arbitration Foundation for arbitration in accordance with said Transaction Services Agreement, except as otherwise stipulated under applicable law, i.e., this is without prejudice to any rights you may have under Article 18 of the Brussels I bis Regulation (OJ EU 2012 L351/1), which means that you may bring a claim regarding your statutory rights in the AU/EU country in which you live, generally in the courts of the place where you are domiciled.

The South Africa Arbitration Foundation maintains an online dispute resolution platform available at AFSA - Arbitration Foundation of Southern Africa. The European Commission maintains an online dispute resolution platform available at ec.europa.eu/consumers/odr.

 

CONTACT US

You can contact our WISHALIVE Customer Service here.

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Please note the above is general information for reference purposes only, is not exhaustive and does not constitute legal advice.