OVERVIEW
Welcome to WOODWERA! The terms "we", "us" and "our" refer to WOODWERA. WOODWERA operates this store and website, including all related information, content, features, tools, products and services ("Services"), to provide you, as a customer, with a carefully curated shopping experience. WOODWERA is powered by Shopify, which enables us to provide the Services to you.
The following terms and conditions, together with all policies incorporated herein by reference (collectively, "Terms of Service" or "Terms"), describe the rights and responsibilities you have when using the Services.
Please read these Terms of Service carefully as they contain important information about your legal rights and cover areas such as warranty disclaimers and limitation of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, you must not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By accepting these Terms of Service, you represent that you have reached the age of majority in your state or province of residence, and that you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.
To use the Services, access our online stores, or browse them, or to purchase any product or service we offer, you may be asked to provide certain information such as your email address, billing, payment and shipping details. You represent and warrant that all information you provide in our stores is accurate, current and complete, and that you have all rights necessary to provide such information.
You are solely responsible for maintaining the security of your account credentials and for all activities that occur under your account. You may not transfer, sell, assign or license your account to another person.
SECTION 2 - OUR PRODUCTS
We make every effort to accurately represent our products and services in our online stores. However, please note that depending on the type of device you use to access the store and its settings and configuration, colors or product appearance may appear differently on your screen.
We do not guarantee that the appearance or quality of any product or service shown or offered in our online stores will meet your expectations or be identical.
All descriptions of products are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products we offer to a specific person, geographic region, or jurisdiction.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. WOODWERA reserves the right to accept or refuse your order for any reason at its sole discretion. Your order is not considered accepted until WOODWERA confirms acceptance. Your payment must be received and processed by us before your order can be accepted. Please review your order carefully before submitting, as WOODWERA may not be able to accommodate cancellation requests once an order has been accepted. If an order is not accepted, modified, or cancelled, we will attempt to contact you via the email address, billing address and/or phone number provided at the time of ordering.
Products you purchase are subject to return or exchange only in accordance with our Refund Policy [LINK].
You represent and warrant that the products you purchase are for your personal or household use and not for commercial resale or export.
SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless expressly stated otherwise, posted prices do not include taxes, shipping, handling, customs or import fees.
Prices posted in our online stores may differ from prices offered in physical stores or in other stores operated online or by third parties. We may from time to time offer promotions on our Services that may affect prices and are subject to Terms and Conditions separate from these Terms. In the event of a conflict between a promotion's terms and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that: (i) the credit card information you provide is accurate, complete and correct; (ii) you are authorized to use such credit card for the purchase; (iii) charges incurred by you will be honored by your credit card company; and (iv) you will pay all charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes.
SECTION 5 - SHIPPING AND DELIVERY
We are not responsible for shipping and delivery delays. All delivery times are estimates and are not guaranteed. We are not responsible for delays caused by the carrier, customs processing, or events beyond our control. Title and risk of loss pass to you upon our delivery of the products to the carrier.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including all trademarks, brands, text, images, pictures, graphics, product reviews, video and audio content and their design, selection and arrangement, are owned by WOODWERA, its affiliates or licensors and are protected by US and foreign patent, copyright and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Services without our prior written consent. Unless expressly stated herein, nothing herein shall be construed as granting you a license or any other right under any patent, trademark, copyright or other intellectual property right of WOODWERA, Shopify or any third party. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by WOODWERA.
The names, logos, product and service names, designs and slogans of WOODWERA are trademarks of WOODWERA or its affiliates or licensors. You may not use such trademarks without the prior written consent of WOODWERA. The name, logo, product and service names, designs and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
As part of the Services, you may have access to customer tools provided by third parties that are not monitored, controlled or directed by us.
You acknowledge and agree that we provide access to such tools on an "as is" and "as available" basis without any warranties, representations or conditions of any kind and without any endorsement. We will have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may include materials and hyperlinks (including embedded third-party functionality) belonging to or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party material or website you choose to access.
If you decide to leave our Services and access such materials or third-party websites, you do so at your own risk.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section accurately describes Shopify's relationship with your store and should not be removed or altered.]
WOODWERA is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases made in our store are made directly with WOODWERA. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sale between you and WOODWERA and has no liability for any injury, damage or loss arising from products purchased; and you hereby expressly release Shopify and its affiliates from any and all claims, damages and liabilities arising out of or related to your purchases and transactions with WOODWERA.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may also be subject to the Shopify Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read our Privacy Policy.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services to you. Information you submit to the Services may be transmitted to and shared with Shopify and third parties, which may be located in countries other than your country of residence, for the purpose of providing you with services. Please review our Privacy Policy [LINK] for details on how your personal information is used by us, by Shopify and by our business partners.
SECTION 11 - FEEDBACK
If you submit, upload, share, email or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium and for any purpose, including commercial use. For example, we may use the rights granted under this license to operate, provide, evaluate, develop, improve and promote the Services and to fulfill our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentive received in connection with submitting Feedback; and (iii) your Feedback complies with these Terms. We have no obligation to (1) keep any Feedback confidential, (2) pay any compensation for any Feedback, or (3) respond to any Feedback.
We may, at our sole discretion, monitor, edit or remove Feedback that we determine in our sole discretion is unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service, but we have no obligation to do so.
You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain defamatory or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services is inaccurate at any time without prior notice (including after you have submitted your order).
SECTION 13 - PROHIBITED USES
You may only access and use the Services for lawful purposes. You may not access or use the Services, directly or indirectly, for: (a) any unlawful or malicious purpose; (b) to violate any international, federal, state or local regulation, rule, law or local ordinance; (c) to infringe or violate our Intellectual Property Rights or the Intellectual Property Rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against any of our employees or any other person; (e) to submit false or misleading information; (f) to upload or transmit viruses or any other type of malicious code; (g) to transmit or procure the sending of any advertising or promotional material, including any "junk mail", "chain letter", "spam" or any other similar solicitation; (h) to impersonate or attempt to impersonate another person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm WOODWERA, Shopify or users of the Services or expose them to liability.
SECTION 14 - AGENTS
14.1 This section ("Agent Terms") applies if you use, permit, enable, or cause an Agent to access, use, or interact with any of the Services. "Agent" means any software or service that performs autonomous or semi-autonomous actions on behalf of or at the direction of any person or entity and that can be operated using or on behalf of a person's device without direct supervision.
14.2 No Agent may access, use, or interact with the Services unless it always identifies itself and operates in strict compliance with the requirements set out in Section 14.4 below. Additionally, no Agent may access, use, or interact with the Services if we have requested that the Agent not access, use, or interact with any Service.
14.3 We may restrict, including through technical measures, how and in what manner any Agent may access, use, and interact with the Services.
14.4 Agents must: (i) in all HTTP/HTTPS requests, indicate that the request is coming from an Agent and clearly state the name of the Agent using "Agent/[agent name]" in the user agent string of the request; (ii) not conceal or obscure that any access, use or interaction is from an Agent, for example by (a) mimicking human behaviors and interaction patterns or (b) completing or circumventing CAPTCHAs or measures designed to distinguish computer use from humans; (iii) accurately respond to any question or request designed to determine whether interactions are coming from a human or a computer; (iv) not circumvent or otherwise prevent any measure designed to block, limit, modify or control Agents' access to, use of, or interaction with the Services.
SECTION 15 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) at any time, at our sole discretion, without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections shall survive any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy and any other provisions that by their nature should survive termination.
SECTION 16 - DISCLAIMER OF WARRANTIES
The information made available on or through the Services is for general informational purposes only. We make no warranties as to the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY WOODWERA, THE SERVICES AND ALL PRODUCTS PROVIDED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
SECTION 17 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WOODWERA, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, INJURY, LOSS OR CLAIM OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, SAVINGS, DATA, REPLACEMENT COSTS OR SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT.
SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless WOODWERA, Shopify and their affiliates, partners, directors, officers, employees, agents, contractors, licensors and service providers from and against any loss, damage, liability or claim (including reasonable attorneys' fees) arising out of or related to: (1) your breach of these Terms of Service or the documents they incorporate by reference; (2) your violation of any law or the rights of a third party; or (3) your access to and use of the Services.
SECTION 19 - SEVERABILITY
If any provision of these Terms of Service is determined by a court of competent jurisdiction 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 Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 20 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on the site or in respect to the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written (including, but not limited to, any prior versions of the Terms of Service).
SECTION 21 - ASSIGNMENT
You may not assign, transfer or delegate this agreement or any of your rights and obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may assign, transfer or delegate these Terms and our rights and obligations without notice to you or your consent.
SECTION 22 - GOVERNING LAW
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 the jurisdiction in which WOODWERA's principal place of business is located. You and WOODWERA submit to the jurisdiction and venue of such courts.
SECTION 23 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 24 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
