These Terms of Service ("Terms") govern your access to and use of wildfolk-landing-page.vercel.app and any purchase you make through it (together, the "Site"), operated by WILDFOLK ("WILDFOLK," "we," "us," or "our"). By accessing the Site or placing an order, you agree to be bound by these Terms. If you do not agree, do not use the Site.
1. Eligibility
You must be at least 18 years old, or the age of majority in your jurisdiction, and have the legal capacity to enter into a binding contract to place an order on the Site. By placing an order, you represent that you meet these requirements.
2. Products, Descriptions & Pricing
We attempt to display our products and their colors, materials, and details as accurately as possible; however, we do not warrant that descriptions, photographs, or other content on the Site are accurate, complete, current, or error-free. All prices are listed in U.S. Dollars and are subject to change without notice. In the event a product is listed at an incorrect price due to typographical, photographic, or technical error, or error in pricing information, we reserve the right, at our sole discretion, to refuse or cancel any order placed for that product, whether or not the order has been confirmed and your payment method charged. If your payment method has already been charged for a cancelled order, we will issue a refund.
3. Orders & Acceptance
Your placement of an order is an offer to purchase. No order is accepted by WILDFOLK until we have shipped the product(s), regardless of any order confirmation or payment authorization you receive. We reserve the right, at our sole discretion, to limit or cancel quantities purchased, to refuse or cancel any order for any reason, including suspected fraud, unauthorized or illegal transactions, errors in pricing or product information, or issues identified by our credit and fraud avoidance processes.
4. Payment
Payments are processed securely by Stripe, Inc. By submitting payment information, you represent and warrant that you are authorized to use the designated payment method. You authorize us (via our payment processor) to charge the full order amount, including applicable taxes and shipping, to your chosen payment method at the time of order.
5. Shipping, Delivery & Risk of Loss
Shipping and delivery dates are estimates only and are not guaranteed. We are not liable for any delays in shipments, including those caused by carriers, customs, weather, or other events outside our reasonable control. Risk of loss and title for products purchased pass to you upon our delivery of the product to the shipping carrier. We are not responsible for lost, stolen, or misdelivered packages once handed to the carrier, except as required by applicable law; you may wish to purchase shipping insurance where available.
6. Returns, Refunds & Cancellations
All returns, exchanges, and refunds are governed by our Return & Refund Policy, which is incorporated into these Terms by reference.
7. Intellectual Property
All content on the Site — including text, graphics, logos, product names, character names and stories, images, and the compilation thereof — is the property of WILDFOLK or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works of any content on the Site without our prior written consent.
8. User Conduct
You agree not to: (a) use the Site for any unlawful purpose; (b) attempt to gain unauthorized access to any portion of the Site or its related systems; (c) interfere with or disrupt the operation of the Site; (d) submit false or misleading information, including fraudulent payment information; or (e) use any automated system to access the Site in a manner that sends more requests than a human could reasonably produce.
9. Disclaimer of Warranties
THE SITE AND ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, EXCEPT WHERE SUCH DISCLAIMER IS PROHIBITED BY LAW. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WILDFOLK, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR LOSS OF GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR ANY PRODUCT PURCHASED THROUGH IT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR ANY PRODUCT SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT(S) GIVING RISE TO THE CLAIM. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.
11. Indemnification
You agree to indemnify, defend, and hold harmless WILDFOLK and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of the Site, your violation of these Terms, or your violation of any rights of a third party.
12. Dispute Resolution & Arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms, your purchase, or the Site shall be resolved by binding arbitration on an individual basis, rather than in court, except that either party may bring an individual action in small claims court. YOU AND WILDFOLK EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION. This arbitration provision shall be enforced only to the extent permitted by applicable law; where mandatory consumer-protection law grants you a non-waivable right to litigate in court, this provision does not limit that right.
13. Governing Law
These Terms are governed by the laws of the State of Delaware, U.S.A., without regard to its conflict of laws principles, except where mandatory consumer protection laws of your country or state of residence require the application of different law.
14. Changes to These Terms
We may revise these Terms at any time at our sole discretion by posting the updated Terms on the Site. Changes are effective immediately upon posting. Your continued use of the Site after changes are posted constitutes acceptance of the revised Terms.
15. Severability
If any provision of these Terms is found unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
16. Contact
Questions about these Terms can be sent to hello@wildfolk.example.