Terms of service
OVERVIEW
Welcome to WonderLark Kids! The terms "we", "us" and "our" refer to WonderLark Kids. WonderLark Kids operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). WonderLark Kids is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty 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. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and 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, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.
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 that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. WonderLark Kids reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until WonderLark Kids confirms acceptance. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting, as WonderLark Kids may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you using the contact information provided at the time the order was made.
Your purchases are subject to our Return and Refund Policy.
You represent and warrant that your purchases are for your own 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 otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.
Prices posted in our online stores may be different from prices offered in physical stores or through third-party marketplaces.
We may offer promotions that affect pricing and that are governed by separate terms and conditions. If there is a conflict between the terms for a promotion 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 at our stores.
You represent and warrant that the payment information you provide is true, correct and complete, that you are authorized to use the payment method, and that you will pay all charges incurred at the posted prices, including applicable shipping charges and taxes.
SECTION 5 - SHIPPING AND DELIVERY
All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, weather, or events outside our reasonable control.
Please see our Shipping Policy for additional information regarding shipping rates, delivery estimates and order tracking.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, audio, and the design, selection and arrangement thereof, are owned by WonderLark Kids, its affiliates or licensors and are protected by applicable intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any material from the Services without our prior written consent.
WonderLark Kids names, logos, product and service names, designs and slogans are trademarks of WonderLark Kids or its affiliates or licensors and may not be used without prior written permission.
SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have control over.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without warranties, representations or conditions of any kind and without endorsement.
Any use by you of optional third-party tools offered through the site is entirely at your own risk and discretion.
We may also offer new features through the Services in the future. Such features will be considered part of the Services and subject to these Terms.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites.
We are not liable for harm or damages related to your access of third-party websites or your purchase or use of products, services, resources or content on those websites.
Please review third-party policies and practices before engaging in transactions with them.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
WonderLark Kids is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with WonderLark Kids.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and WonderLark Kids, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with WonderLark Kids.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy. Certain personal information may also be subject to Shopify's Privacy Policy.
Because the Services are hosted by Shopify, Shopify collects and processes certain personal information about your access to and use of the Services in order to provide and improve the Services.
SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or other content ("Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback for purposes including operating, improving and promoting the Services.
You represent that you own or have the necessary rights to Feedback you submit and that your Feedback does not violate the rights of any third party or applicable law.
We may monitor, edit or remove Feedback that we determine violates these Terms or applicable law.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services containing typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability.
We reserve the right to correct errors, inaccuracies or omissions and to change or update information or cancel orders if information is inaccurate at any time, including after an order has been submitted.
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only.
You may not use the Services to violate applicable laws, infringe intellectual property rights, harass or harm others, transmit false or misleading information, distribute malicious software, spam, impersonate another person or entity, improperly collect personal information, interfere with the operation or security of the Services, or engage in other unlawful or harmful conduct.
We reserve the right to suspend, disable or terminate access to the Services if we determine that these Terms have been violated.
SECTION 14 - AGENTS
This section applies if you use or enable software or services that take autonomous or semi-autonomous action on behalf of a person or entity ("Agents") to access or interact with the Services.
Agents must identify themselves appropriately, must not conceal their automated nature, must not circumvent CAPTCHAs or other security measures, and must comply with measures intended to regulate automated access to the Services.
We may limit whether and how Agents access, use or interact with the Services.
SECTION 15 - TERMINATION
We may terminate this agreement or your access to the Services, or any part thereof, in our sole discretion where permitted by law.
Provisions that by their nature should survive termination will continue to apply following termination.
SECTION 16 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available for general information purposes.
EXCEPT AS EXPRESSLY STATED BY WONDERLARK KIDS, THE SERVICES AND PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Some jurisdictions limit or do not allow certain warranty disclaimers, so portions of this section may not apply to you.
SECTION 17 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, WONDERLARK KIDS AND ITS PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS AND LICENSORS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS PROCURED THROUGH THE SERVICES.
Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by applicable law.
SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless WonderLark Kids, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from losses, damages, liabilities or claims arising from your breach of these Terms, violation of applicable law or violation of the rights of a third party, to the extent permitted by law.
SECTION 19 - SEVERABILITY
If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision will be enforceable to the fullest extent permitted by applicable law and the unenforceable portion will be deemed severed from these Terms without affecting the validity of the remaining provisions.
SECTION 20 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
These Terms and any policies or operating rules posted by us constitute the entire agreement between you and WonderLark Kids concerning your use of the Services.
SECTION 21 - ASSIGNMENT
You may not transfer or assign your rights or obligations under these Terms without our prior written consent.
We may transfer, assign or delegate these Terms and our rights and obligations as permitted by applicable law.
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 applicable federal law and the laws of the jurisdiction where WonderLark Kids is headquartered.
SECTION 23 - HEADINGS
The headings used in these Terms 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 these Terms of Service at any time on this page.
We reserve the right to update, change or replace portions of these Terms by posting updates to our website. Material changes will be communicated as required by applicable law.
SECTION 25 - CONTACT INFORMATION
Questions about these Terms of Service may be sent to:
WonderLark Kids LLC
wonderlarkkids@gmail.com