Terms of service

OVERVIEW

Welcome to WAVES ‘N WANDER! The terms "we," "us," and "our" refer to WAVES ‘N WANDER. WAVES ‘N WANDER operates this store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a personalized shopping experience (the "Services"). WAVES ‘N WANDER is powered by Shopify, allowing us to deliver the Services to you.

The following terms and conditions, including all policies referenced herein (the "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully. They contain important information about your legal rights and cover topics such as disclaimers and limitations 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 may not access or use our Services.

ARTICLE 1 – ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are of legal age under the laws of the state or province in which you reside and that you have given us permission to allow any minor family members to use the Services on devices you own, purchase, or manage.

To use the Services, including visiting or browsing our webshops or purchasing products or services offered by us, we may ask you to provide certain information such as your email address and your 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 necessary rights to provide this information.

You are solely responsible for maintaining the security of your account login credentials and for all activities conducted under your account. You may not transfer, sell, assign, or license your account to anyone else.

ARTICLE 2 – OUR PRODUCTS

We strive to provide the most accurate descriptions of our products and services in our webshops. However, please note that the colors and appearance of the product may differ from how they appear on your screen. This depends on the type of device you use to access the store as well as the device’s settings and configuration.

We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or match the display or description in our webshop.

All product descriptions may be changed at any time, at our sole discretion, without prior notice. We reserve the right to discontinue the sale of any product at any time and may limit the quantities of products offered per person, per geographic region, or per jurisdiction on a case-by-case basis.

ARTICLE 3 – ORDERS

When you place an order, you are making an offer to purchase. WAVES ‘N WANDER reserves the right, at its sole discretion, to accept or reject your order for any reason. Your order is not accepted until WAVES ‘N WANDER has confirmed it. We must have received and processed your payment before your order is accepted.

Please review your order carefully before submitting it. WAVES ‘N WANDER may not be able to honor a cancellation request once your order has been accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you using the email address, billing address, and/or phone number you provided during the order process.

You may return or exchange purchases only in accordance with our refund policy [LINK].

You represent and warrant that your purchases are intended for personal use or household use only and not for commercial resale or export.

ARTICLE 4 – PRICES AND BILLING

Prices, discounts, and promotions may change without prior notice. The price charged for a product or service is the price in effect at the time you place your order and will be stated in the confirmation email you receive after ordering. Unless expressly stated otherwise, listed prices exclude taxes, shipping, handling, customs duties, and import fees.

Prices displayed in our webshops may differ from prices in physical stores or in webshops or other stores operated by third parties. From time to time, we may offer promotions for the Services, which may affect pricing and are subject to terms separate from these Terms. In case of discrepancy between promotional terms and these Terms, the promotional terms prevail.

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 details, including your email address, credit card numbers, and expiration dates, so we can complete transactions and contact you if needed.

You represent and warrant that (i) the credit card information you provide is accurate, correct, and complete; (ii) you are authorized to use the credit card for purchases; (iii) your charges will be approved by the credit card company; and (iv) you will pay the costs you incur, including shipping, handling, and applicable taxes, if any.

ARTICLE 5 – SHIPPING AND DELIVERY

We are not liable for delays in shipping and delivery. All stated delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs clearance, or events beyond our control. Once we hand over the products to the carrier, ownership and risk of loss are transferred to you.

ARTICLE 6 – INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, texts, displays, images, graphics, product reviews, video and audio, and the design, selection, and arrangement thereof, are owned by WAVES ‘N WANDER, its affiliates, or licensors and are protected by patent, copyright, and intellectual property laws in the United States and other countries.

These Terms permit you to use the Services for personal, non-commercial purposes only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material within the Services without our prior written consent. Except as expressly stated in these Terms, nothing in these Terms grants you a license or rights under any patent, trademark, copyright, or other intellectual property of WAVES ‘N WANDER, Shopify, or a third party. Unauthorized use of the Services may constitute a violation of intellectual property laws. All rights not expressly granted herein are reserved by WAVES ‘N WANDER.

The names, logos, product names, service names, design elements, and slogans of WAVES ‘N WANDER are trademarks of WAVES ‘N WANDER or its affiliates or licensors. You may not use such trademarks without prior written consent from WAVES ‘N WANDER. The name, logo, product names, service names, design elements, and slogans of Shopify are trademarks of Shopify. All other names, logos, product names, service names, design elements, and slogans in the Services are trademarks of their respective owners.

ARTICLE 7 – OPTIONAL TOOLS

You may gain access to customer tools provided by third parties as part of the Services. We do not monitor and have no control over these tools.

You acknowledge and agree that we provide access to such tools “as is” and “as available,” without any warranties, representations, or conditions of any kind and without endorsement. We shall not be liable for any damages arising from or relating to your use of optional third-party tools.

Your use of optional tools offered through the site is entirely at your own risk and discretion, and you must ensure that you are familiar with and approve of the terms under which such 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.

ARTICLE 8 – THIRD-PARTY LINKS

The Services may include materials and hyperlinks to websites provided or operated by third parties (including any embedded functionality). We are not responsible for examining or evaluating the content or accuracy of materials or websites of third parties you choose to access. If you decide to leave the Services to access such materials or websites, you do so at your own risk.

We are not liable for any damages or negative consequences related to your visit to third-party websites, or your purchase or use of products, services, resources, or content on such websites. Please carefully read the policies and practices of the third party and make sure you understand them before engaging in a transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.

ARTICLE 9 – RELATIONSHIP WITH SHOPIFY

[NOTICE FOR MERCHANTS: This section accurately describes Shopify’s relationship with your store and must not be deleted or modified.]

WAVES ‘N WANDER uses Shopify to provide you with the Services. However, all sales and purchases made in our store are handled directly with WAVES ‘N WANDER. By using the Services, you acknowledge and agree that Shopify is not responsible for any sales-related aspect between you and WAVES ‘N WANDER, including injury, damage, or loss arising from purchased products and services. You expressly release Shopify and its affiliates from any claims, damages, and liabilities arising from or related to your purchases and transactions with WAVES ‘N WANDER.

ARTICLE 10 – PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which you can view here [LINK]. Certain personal information may also be subject to Shopify’s Privacy Policy, which you can view here. By using the Services, you confirm that you have read the applicable 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 deliver and improve the Services. Information you submit through the Services will be transmitted to and shared with Shopify, as well as with third parties that may be located in countries other than your own, in order to provide you with services. Please review our Privacy Policy [LINK] for more information on how we, Shopify, and our partners use your personal information.

ARTICLE 11 – FEEDBACK

If you submit, upload, post, email, or otherwise transmit 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 for any purpose, including commercial use. We may, for example, use our rights under this license to operate, deliver, evaluate, improve, and promote the Services, and to fulfill our obligations and exercise our rights under these Terms.

You further represent and warrant that (i) you own all Feedback or have all necessary rights to the Feedback; (ii) you have disclosed any compensation or incentives received in connection with submitting Feedback; and (iii) your Feedback complies with these Terms. We are under no obligation now or in the future to (1) keep your Feedback confidential; (2) pay compensation for your Feedback; or (3) respond to your Feedback.

We may, but are not obligated to, monitor, edit, or remove Feedback that we, in our sole discretion, determine to be unlawful, offensive, threatening, defamatory, libelous, obscene, or otherwise objectionable, or that violates any party’s intellectual property rights or these Terms of Service.

You agree that your Feedback will not infringe upon the rights of third parties, including copyrights, trademarks, privacy rights, personality rights, and other personal or proprietary rights. You further agree that your Feedback will not contain defamatory or otherwise unlawful, abusive, or obscene material, nor any computer viruses or other malware that could in any way affect the operation of the Services or related websites. You may not use a false email address, impersonate any person, or otherwise mislead us or third parties as to the origin of your Feedback. You are solely responsible for the Feedback you submit and its accuracy. We take no responsibility and assume no liability for Feedback posted by you or any third party.

ARTICLE 12 – ERRORS, INACCURACIES, AND OMISSIONS

From time to time, information provided in or through the Services may contain typographical errors, inaccuracies, or omissions. This information may relate to product descriptions, pricing, promotions, offers, 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 and without prior notice (including after you have placed an order).

ARTICLE 13 – PROHIBITED USES

You may use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly, (a) for unlawful or harmful activities; (b) to violate international, national, federal, or provincial regulations, laws, or local ordinances; (c) to infringe upon our intellectual property rights or the rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, or intimidate our employees or others; (e) to submit false or misleading information; (f) to knowingly transmit, receive, upload, download, use, or re-use material that does not comply with these Terms; (g) to send or facilitate the sending of advertising or promotional material, including junk mail, chain letters, spam, or similar solicitations; (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 that, as determined by us, may harm WAVES ‘N WANDER, Shopify, or users of the Services, or expose them to liability.

In addition, you agree not to: (a) upload or transmit viruses or other malicious code that may in any way affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collect or track personal information of others; (d) engage in spam, phishing, pharm, pretext, spidering, crawling, or scraping; and (e) interfere with or circumvent the security features of the Services, related websites, other websites, or the internet.

We reserve the right to suspend, disable, or terminate your account at any time, without prior notice, if we determine that you have violated any provision of these Terms.

ARTICLE 14 – TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof) at any time, at our sole discretion, without prior notice. You remain liable for all amounts due up to and including the date of termination.

The following sections will continue to apply after termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and all other provisions which by their nature should survive termination.

ARTICLE 15 – DISCLAIMER OF WARRANTIES

The information provided about or through the Services is made available solely for general informational purposes. We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is entirely at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you, other visitors of the Services, or any other persons who may be informed of its content.

UNLESS EXPRESSLY STATED BY WAVES ‘N WANDER, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY 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.

In some jurisdictions, the exclusion of implied or other warranties is limited or not permitted. Therefore, the above disclaimer may not apply to you.

ARTICLE 16 – LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WAVES ‘N WANDER, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, REPRESENTATIVES, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND. THIS INCLUDES, BUT IS NOT LIMITED TO, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY 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 PURCHASED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT. THIS INCLUDES, WITHOUT LIMITATION, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ARTICLE 17 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless WAVES ‘N WANDER, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any costs relating to losses, damages, liabilities, or claims, including reasonable legal fees, payable to a third party, arising out of or resulting from:

your breach of these Terms of Service or any documents incorporated by reference;
your violation of any law or the rights of a third party; or
your access to and use of the Services.

We will notify you in the event of a claim that entitles us to indemnification, provided that failure to provide timely notice will not relieve you of your obligations unless you are materially prejudiced thereby. We may assume the defense and settlement of any such claim at your expense, including by retaining counsel, but we will not settle any claims requiring your non-monetary obligations without your consent (which you may not unreasonably withhold). You are required to cooperate in the defense of indemnifiable claims, including by providing relevant documents.

ARTICLE 18 – SEVERABILITY

If any provision of these Terms of Service is declared 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 severed from these Terms of Service. Such a determination shall not affect the validity and enforceability of the remaining provisions.

ARTICLE 19 – 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, together with any policies or operating rules posted by us on this site or with respect to the Services, constitute the entire agreement and understanding between you and us and govern your use of the Services. These Terms supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, without limitation, prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

ARTICLE 20 – ASSIGNMENT

You may not delegate, transfer, or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent. Any attempted assignment will be null and void. We may assign, transfer, or delegate these Terms and our rights and obligations without your consent or notice to you.

ARTICLE 21 – GOVERNING LAW

These Terms of Service and any separate agreements under which we provide you with Services shall be governed by and construed in accordance with the laws of the federal and state- or province-specific courts in the jurisdiction where WAVES ‘N WANDER has its principal office. You and WAVES ‘N WANDER consent to the jurisdiction and venue of such courts.

ARTICLE 22 – HEADINGS

The headings used in this Agreement are included for convenience only and shall not limit or otherwise affect these Terms.

ARTICLE 23 – 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. Updates and changes will be posted on our website. It is your responsibility to check our website periodically for changes.

ARTICLE 24 – CONTACT INFORMATION
Questions about the Terms of Service should be directed to us at sofie.vandelaarschot@gmail.com.
Our contact details are listed below:

[INSERT BUSINESS NAME]
sofie.vandelaarschot@gmail.com
[INSERT REGISTERED ADDRESS]
[INSERT BUSINESS PHONE NUMBER]
[INSERT COMPANY REGISTRATION NUMBER]
[INSERT VAT IDENTIFICATION NUMBER]

We will provide you with notice of any material changes to these Terms in accordance with applicable law. Such changes will take effect on the date specified in the notice. Your continued access to or use of the Services following the posting of changes constitutes acceptance of those changes.