Last updated: March 01, 2023
Introduction
Welcome to the Wedyvko® Pet Stroller website (the “Website”) and our online shop (the “Shop”). The Website and Shop are owned and operated by Wedyvko LLC (“Wedyvko®”, “we”, “us” or “our”).
These Terms and Conditions (“Terms”) govern your access to and use of our Website and Shop and constitute a legally binding agreement between you and Wedyvko®. Please read these Terms carefully before using our Website or Shop. By accessing any part of the Website or Shop, you agree to become bound by these Terms. If you do not agree to all the Terms, then you may not access or use the Website or Shop.
These Terms outline your legal rights and responsibilities, our legal rights and responsibilities, and certain key information required by law. This is an important document that you should retain for future reference.
Definitions
- “Customer” refers to any person or entity that registers for, uses, purchases, or browses the Website or Shop.
- “Order” refers to a Customer’s confirmed request to purchase one or more products from the Shop.
- “Product” refers to any item listed for sale in the Shop.
Use of Website and Shop
Eligibility: The Website and Shop are intended for Customers over the age of 18 only. By using the Website or Shop, you represent and warrant that: (i) you are over 18 years of age; (ii) you have the authority and legal capacity to enter into these Terms; and (iii) you will use the Website and Shop in accordance with these Terms.
Website Access: The Website is made available solely for your personal, non-commercial use. We grant you a limited, non-transferable, revocable license to access and use the Website in accordance with these Terms.
Shop Access: To access certain features of the Shop (such as placing Orders), you must register for an account. By creating an account, you agree to provide accurate and complete registration information and to promptly update your information if it changes.
Customer Account: You are fully responsible for all activity under your account and for maintaining the confidentiality of your password. You may not share your account credentials or transfer your account to someone else.
Restrictions: You agree not to: (i) use the Website or Shop for any illegal or unauthorized purpose; (ii) interfere with or disrupt the integrity or performance of the Website or Shop; (iii) attempt to gain unauthorized access to the Website or Shop; (iv) reproduce, duplicate, copy, sell, resell or exploit any portion of the Website or Shop; (v) modify, adapt, translate or reverse engineer any part of the Website or Shop; or (vi) remove any copyright, trademark or other proprietary rights notices displayed on the Website or Shop.
Mobile Services: The Shop may be accessible via mobile devices. By using our mobile services, you agree that we may communicate with you via your mobile device and that certain information about your usage of the Shop may be communicated to us.
Updates: We reserve the right to modify or discontinue all or any portion of the Website or Shop at any time in our sole discretion. We will provide notice of any material changes by posting the revised Terms on the Website. Your continued use of the Website or Shop constitutes your acceptance of the revised Terms. You are responsible for reviewing periodically and complying with the current version of the Terms.
Compliance with Laws: You agree to comply with all applicable laws, statutes and regulations regarding your use of the Website and Shop.
Intellectual Property Rights
The content on the Website and Shop, including without limitation the text, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, services and other materials (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Wedyvko® and are protected by copyright, trademark and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website and Shop is provided to you on an “AS IS” basis for your personal, non-commercial use only.
Wedyvko® hereby grants you a limited, revocable, non-transferable license to access and use the Website and Shop and to download, print or copy any Content provided to you for your personal use only, provided that you do not remove or obscure any copyright notice or other proprietary notice.
Except for the limited license granted above, no right, title or interest in any Content or Marks is transferred to you. Unauthorized use of the Content or Marks may violate copyright, trademark and other laws. You agree not to reproduce, republish, distribute, publicly display or publicly perform any Content without our express prior written consent.
Purchases and Orders
Shop Products: All Products offered for sale through the Shop are intended for personal use only. You are responsible for ensuring that any Products you purchase through the Shop comply with the laws of your jurisdiction. We make no representations or warranties regarding whether the Products on the Shop comply with the laws of your particular jurisdiction.
Product Descriptions: We try to describe and display Products offered on the Shop as accurately as possible. However, we do not warrant that the description or other content on the Shop is accurate, complete, reliable, current, or error-free.
Product Availability: Inventory for Products offered on the Shop are updated regularly but may change frequently. A Product displayed on the Shop may not be available when you attempt to Order it. We reserve the right to discontinue Products or modify Product details and availability at any time without notice.
Pricing: All prices and fees on the Shop are quoted in U.S. dollars. We reserve the right to change prices and institute new fees at any time. All fees, including shipping fees, are non-refundable.
Order Process: To place an Order, you must provide complete and accurate payment and shipping information and confirm your Order details before submitting your Order. By submitting an Order, you represent and warrant that: (i) you are authorized to use the payment method provided; (ii) the shipping information you provide is correct; and (iii) you are at least 18 years old.
Taxes: You are responsible for any taxes applicable to your Orders, including sales tax and any duties, customs fees or other taxes based on your location.
Order Confirmation: Your receipt of an order confirmation email does not signify our acceptance of your Order. We reserve the right to accept or reject your Order for any reason and will notify you if your Order is cancelled.
Shipping and Delivery: We will arrange for shipment of Products to you based on the shipping information you provide with your Order. Please ensure your shipping information is complete and accurate to avoid delays. Any shipping dates or delivery times quoted on the Shop are estimates only. We are not liable for any delays in shipping.
Returns and Refunds: Please review our Returns and Refunds Policy posted on the Shop to determine whether you are eligible for a refund on Products you purchase through the Shop.
User Content
If you submit, upload, transmit, post, communicate or otherwise make available on or through the Website or Shop any text, images, videos, documents, information, suggestions, or other content (“User Content”), you hereby grant Wedyvko® a perpetual, non-exclusive, royalty-free, worldwide license to fully utilize such User Content.
By communicating User Content on or through the Website or Shop, you represent and warrant that: (i) you own or have all necessary rights to the User Content you provide and the rights to grant us the license above; (ii) the User Content is accurate and truthful to the best of your knowledge; (iii) use of the User Content does not violate any law; and (iv) the User Content will not cause injury to any person.
We have no obligation to monitor, screen, post, retain, remove or otherwise use any User Content. However, we reserve the right to review, monitor, delete, edit, modify or remove any User Content at any time and for any reason without notice. We are not responsible for any failure or delay in removing User Content.
Third-Party Links
The Website and Shop may contain links to third-party websites, resources or advertisers. These links are provided only as a convenience. We do not endorse or control third-party sites and are not responsible for their content. Your dealings with third parties through links on the Website or Shop are solely between you and such third party.
Disclaimers
THE WEBSITE, SHOP AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND. WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE WEBSITE, SHOP OR CONTENT ARE ACCURATE, COMPLETE, CURRENT, RELIABLE, TIMELY OR ERROR-FREE. WE DO NOT ENDORSE OR RECOMMEND AND ARE NOT RESPONSIBLE FOR THIRD-PARTY PRODUCTS, SERVICES, INFORMATION, STATEMENTS, CLAIMS OR OPINIONS ON THE WEBSITE OR SHOP. CUSTOMER RELIANCE ON ANY THIRD-PARTY PRODUCTS, SERVICES, INFORMATION, STATEMENTS, CLAIMS OR OPINIONS IS AT ITS OWN RISK.
THE WEBSITE AND SHOP MAY CONTAIN TECHNICAL INACCURACIES, TYPOGRAPHICAL ERRORS, DESIGN FLAWS OR OTHER DEFECTS. WE RESERVE THE RIGHT TO CORRECT ERRORS BUT HAVE NO OBLIGATION TO DO SO.
ANY MATERIAL ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED ON OR THROUGH THE WEBSITE OR SHOP IS USED AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DEVICE OR LOSS OF DATA RESULTING FROM USE OF WEBSITE OR SHOP CONTENT.
WE CANNOT GUARANTEE CONTINUOUS, ERROR-FREE OR SECURE ACCESS TO THE WEBSITE OR SHOP. WE RESERVE THE RIGHT TO SUSPEND, RESTRICT OR TERMINATE YOUR ACCESS AT ANY TIME FOR ANY REASON WITH OR WITHOUT NOTICE.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES. IF THE FOREGOING DISCLAIMERS ARE HELD TO BE LEGALLY INVALID IN YOUR JURISDICTION, THEN THE ABOVE DISCLAIMERS WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
Limitation of Liability
IN NO EVENT WILL WEDYVKO® BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE OR SHOP, REGARDLESS OF THE CAUSE OF ACTION AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL CUMULATIVE LIABILITY TO YOU ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE OR SHOP IS LIMITED TO THE AMOUNT PAID BY YOU TO ACCESS AND USE THE WEBSITE AND SHOP. YOU HEREBY RELEASE US FROM ALL OBLIGATIONS, LIABILITY, CLAIMS OR DEMANDS IN EXCESS OF THIS LIMITATION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY BUT LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
Indemnification
You agree to defend, indemnify and hold harmless Wedyvko® and our directors, officers, employees, agents, service providers, contractors and licensors from and against any liabilities, losses, damages, judgments, awards, costs or expenses (including reasonable attorneys’ fees) arising out of or resulting from: (i) your use of the Website or Shop; (ii) your violation of these Terms; (iii) your violation of applicable laws, rules or regulations; or (iv) User Content you submit, post, transmit or make available on or through the Website or Shop. We reserve the right, at your expense, to assume the exclusive defense and control of any such claim.
Severability and Waiver
If any provision of these Terms is held to be invalid or unenforceable, it will be changed and interpreted to provide the maximum benefit to Wedyvko® that is permissible under law. Any failure by Wedyvko® to enforce strict performance of any provision of these Terms will not constitute a waiver of the right to subsequently enforce such provision or any other provisions of these Terms.
General Provisions
Entire Agreement: These Terms constitute the entire agreement between you and Wedyvko® relating to your access and use of the Website and Shop. Any prior representations, statements, warranties or assurances not expressly set forth in these Terms have no effect. No oral waiver, amendment or modification of these Terms will be effective.
Assignment: You may not assign or transfer these Terms or your rights and obligations hereunder without our express prior written consent. We reserve the right to assign or delegate all or any portion of these Terms, our rights and obligations hereunder. These Terms will be binding on and inure to the benefit of the permitted successors and assigns.
Governing Law: These Terms will be governed by and construed in accordance with United States federal law and the laws of Delaware, without giving effect to any principles of conflicts of law. You agree that any action or proceeding arising from or relating to the Website or Shop must be brought in a federal court in Delaware or state court located in Delaware. You hereby irrevocably consent and submit to the personal jurisdiction and venue of such courts for all such purposes.
Notice: Any notices or consents permitted or required under these Terms, such as those regarding modifications to these Terms, will be in writing and given by Wedyvko®: (i) by email (in each case to the address that you provide); or (ii) by posting to the Website. Notices will be deemed given upon receipt or 24 hours after they are posted to the Website.
Returns and Refunds Policy
We hope you are happy with every purchase from our Shop. However, we understand that sometimes a return or refund is necessary. This policy outlines the terms and conditions applicable to returns and refunds for Products purchased through the Shop.
Order Cancellation: You may cancel your Order at no charge any time before we ship it. Contact us immediately by email at [email protected] if you would like to cancel an Order.
Returns: You may return any Product purchased on the Shop that is unused, unworn, unwashed, undamaged and in its original packaging within 30 days of receipt for a full refund. Please email us at [email protected] to initiate a return and obtain a prepaid shipping label. You are responsible for the cost of returning Products to us unless the return is due to our error.
Refunds: We will issue full refunds for all timely returns of eligible Products. Refunds may take 3-5 business days to process once we receive the returned Product. Refunds will be made in the original payment method. You are responsible for any diminished value of Products resulting from your handling.
Exchanges: The Shop does not currently offer exchanges. You may return a Product for a refund and repurchase a new Product.
Restocking Fee: We do not charge a restocking fee for timely returns of eligible Products.
Sale Items: Products marked as sale, clearance or discounted items on the Shop are final sale and ineligible for return or refund unless defective or damaged.
Please contact us at [email protected] if you have any questions about our Returns and Refunds Policy.