Terms & Conditions – Wendigo

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Terms & Conditions

Welcome to our terms and conditions of sale and delivery.

 

Subscription Box Terms & Conditions

This set of terms is meant to govern all regular sales on the Wendigo website. Subscription box customers are subject to an additional set of terms, which can be located here.

 

General Terms & Conditions

These terms and conditions apply to customers who access the Wendigo website. Please read these terms and conditions carefully before accessing and/or ordering any goods from the Website. If you access the Website, and/or place an order for goods, you agree to be bound by these terms and conditions.

You should print a copy of these terms and conditions for future reference.

The Website is operated by Wendigo, a brand of The Warburg Group LLC.

If you have any questions about the Website please email support@wendigo.eco.

Online Store Terms

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, or that you are 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 this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

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

Accuracy, Completeness, and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Accuracy of Billing & Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Errors, Inaccuracies, and Omissions

Occasionally there may be information on our site or in the Service 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 Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Personal Information

Your submission of personal information through the store is governed by our Privacy Policy. Please view our Privacy Policy.

Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

How to order

1. Select the goods you require from the Website and click 'Add to Cart'

2. Choose the quantity of goods you wish to purchase from Wendigo (the default will generally be one (1) unit). Please note that a limit is set to ninety nine (99) units per item. To order quantities greater than 99 units per item, please contact us at support@wendigo.eco and we will be able to assist you with your order

3. Review your bag and make sure all specifications such as size (see our sizing chart) and color fit your requirements, then click "Checkout"

4. If you are a new user, you may need to enter an email address and create a username and password. You must keep your username and password confidential as they allow access to your account. To continue setting up an account you will need to enter your personal details, billing address (which must correspond with your payment card address) and delivery address

5. Once you have set up an account, you will be directed to the shipping confirmation and delivery options page where you may enter voucher codes, select the type of delivery, and vary delivery and/or billing addresses.

6. You will then proceed to the secure payment page where you may select the payment type and complete your order. Your payment will be collected from you by Wendigo. Following submission of your order you will be sent an automated order acknowledgement to the email address provided.

By placing an order through the Website, you warrant that you are legally capable of entering into binding contracts.

How the contract for the goods is formed between you and Wendigo

After placing your order you will receive an automated order acknowledgement. Please note that this does not mean that your order has been accepted. All orders are subject to acceptance by Wendigo. 

You will receive an email confirming that Wendigo has accepted your order when your order has been processed and is ready for delivery by Wendigo.

Once Wendigo accepts your order, a contract to purchase the goods from Wendigo takes effect between you and Wendigo.

The contract to sell goods to you only relates to those goods listed in the confirmation email.

You will not be charged before your order has been processed and is ready for delivery. 

However, upon receipt of your order, Wendigo will create an authorization. This will show on your bank statement as a reservation of funds which allocates the money to your order but this will not be released until your order has been picked and processed in the Wendigo warehouse or the warehouse of one of our suppliers. In the event of us not being able to fulfill your order we will immediately request that your bank cancels the authorization. If the authorization still remains after several days, please contact your bank to request that they act upon our cancellation of the payment.

Our Goods

A description of the main characteristics of goods can be found on the product pages of the Website.

Prices for goods on the Website appear on the product pages. Applicable taxes and shipping charges will be reflected in the checkout screen.

Prices and offers may vary and may only be available for limited periods. All prices and offers are subject to availability and may be withdrawn or amended at our discretion. The prices on the Website may differ to prices in our retail stores, catalogs or elsewhere.

The Website contains a large number of goods and it is possible that, despite our best efforts, some of the goods listed on the Website may be incorrectly priced. If we discover an error in the price of the goods you have ordered we will inform you as soon as possible. We will give you the option of reconfirming your order at the correct price or cancelling it.

Wendigo is under no obligation to sell incorrectly priced goods to you at the incorrect price.

Some offers carry a maximum quantity per customer. If this is applicable, this is detailed on the individual offer.

Data protection and privacy

Any personal information provided to us will be processed in accordance with our privacy policy.

Method of payment

You may pay by Mastercard, VISA, VISA Debit, VISA Electron, Maestro, American Express (AMEX), Apple Pay, PayPal and Gift Cards. Please ensure if you are using a credit card that you provide the card holder's name as it is shown on the card, and the billing address corresponds as it appears on the card statement. Payment will be taken in US dollars ($), and if applicable, your card will be charged according to the exchange rate at that time.

Gift cards

Gift cards cannot be used to purchase goods for delivery outside of the US.

Fraud Prevention

To help us prevent fraud, orders of $200 US dollars or more may require a landline telephone number. Card fraud is illegal and perpetrators will be prosecuted.

Delivery

Delivery costs are additional to the displayed price and vary depending on the delivery service you select, the country of delivery and the quantity/weight of goods ordered.

US delivery charges will be confirmed to you, before your order is accepted.

If any order is subject to extra delivery charges you will be advised of the additional cost before delivery of your order begins. You have the option to cancel the order if you do not wish to pay any additional delivery costs.

Please note we are currently unable to deliver to PO Boxes.

Delivery Options

All of our current delivery options and shipping charges can be reviewed on our shipping policy page.

Delivery of Pre-Order Items

If you pre-order goods with a launch date, then we will reserve your goods and hold the whole order until the day before the launch date.

Split delivery

Wendigo may split delivery of your order into several packages based on stock availability. You will not be charged extra for this service.

Returns and exchanges

Returns and exchanges are subject to our current return policy at the time of purchase.

Can I cancel any item that I order?

You can cancel any item ordered online in accordance with the terms in this section apart from:

• personalised or bespoke items;

• any items which deteriorate or expire rapidly;

• magazines;

• any items that are sealed for health protection or hygiene reasons if you have unsealed them (or in the case of swimwear, underwear & lingerie, removed the hygiene strip), including but not limited to) cosmetics, duvets, hats, hosiery, lingerie, mattress protectors, mattresses, men’s underwear, perfumery, personal grooming products, pillows and swimwear;

• any items that have been inseparably mixed after delivery.

You cannot cancel your contract in respect of pierced earrings, made-to-measure/order goods (e.g. furniture) or perishable goods (e.g. foods) unless they are faulty, damaged upon delivery or incorrect.

Where you have failed to take reasonable care of the goods, we reserve the right to refuse a refund and return the goods to you at your own cost.

When do I have to cancel my order by?

Your cancellation period ends 14 days after the day on which the items are delivered to you (or someone you nominate to receive the items for you) or you collect your items from one of our stores (UK Mainland only). If your order consists of multiple items or parts which are delivered on different days, then the cancellation period (in respect of your whole order) ends on the day 14 days after the day on which the last of the items or parts are delivered to you (or a person you have nominated to receive the order).

How do I notify you that I want to cancel my order?

You can cancel by sending an email to support@wendigo.eco.

Warranty and limitation of our liability

If Wendigo fails to comply with these terms and conditions, Wendigo shall only be liable to you for the purchase price of the goods and any proven losses that you suffer as a result of  Wendigo's failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.

Wendigo will not be liable for losses that result from its failure to comply with these terms and conditions that fall into the following categories:

(a) loss of income or revenue;

(b) loss of business;

(c) loss of profits;

(d) loss of anticipated savings;

(e) loss of data; or

(f) waste of management or office time.

Nothing in these terms and conditions is intended to exclude or limit Wendigo's liability for:

(a) death or personal injury caused by Wendigo's negligence;

(b) fraud or fraudulent misrepresentation;

(c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;

(d) defective products under the Consumer Protection Act 1987;

(e) any other matter for which it would be illegal for Wendigo to exclude or attempt to exclude its liability.

Whilst Wendigo adopts industry standard protections against computer viruses, it is not able to warrant that this website is free from computer viruses or any other malicious or impairing computer program.

Nothing in these terms and conditions is intended to affect your statutory rights.

Events outside our control

Wendigo will not be liable or responsible for any failure to perform, or delay in performance of any of its obligations to you that is caused by events outside Wendigo's reasonable control (a "Force Majeure Event"). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Wendigo's reasonable control and includes (without limitation) the following:

(a) Strikes, lock-outs or other industrial action;

(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

(e) Impossibility of the use of public or private telecommunications networks; or

(f) The acts, decrees, legislation, regulations or restrictions of any government.

In the event of a Force Majeure Event, Wendigo's performance is deemed to be suspended for the period that the Force Majeure Event continues, and Wendigo will have an extension of time for performance for the duration of that period. Wendigo will use its reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which its obligations to you may be performed despite the Force Majeure Event.

Written communications

Applicable laws require that some of the information or communications Wendigo sends to you should be in writing. By accessing the Website, you accept that communication with Wendigo will be primarily electronic through e-mail or notices posted on the Website. For contractual purposes, by accessing the Website you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that Wendigo provides to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

Intellectual property rights

Unless otherwise specified the intellectual property rights in the contents of all the pages in this website, are owned or licensed to Wendigo Limited, or are used with permission from the owner.

The contents of this website may not be copied, reproduced, modified, downloaded or used in any form without our prior written permission.

Complaints

Wendigo takes all feedback very seriously and aims to deal with complaints as quickly and effectively as possible.

For complaints relating to orders placed through the Website please email support@wendigo.eco. To assist Wendigo in dealing with your complaint, please detail all aspects of the complaint, your order number and your contact details.

Our right to vary these terms and conditions

Wendigo reserves the right to revise and amend these terms and conditions from time to time. You will be subject to the terms and conditions that are in force at the time that you order goods from Wendigo unless:

• any change to these terms and conditions is required to be made by law or governmental authority, in which case the changes may apply to orders previously placed by you; or

• Wendigo notifies you of any changes to these terms and conditions before it accepts your order, in which case Wendigo has the right to assume that you have accepted the change to the terms and conditions unless you notify Wendigo to the contrary within seven (7) working days of receipt by you of the goods.

Safety warning

Physical activities can be hazardous. The selection and use of suitable equipment requires skill, and you should ensure you are appropriately equipped and trained. In the interests of your safety and the safety of others, you should also ensure that you are properly trained in the techniques you will need to employ in pursuit of your chosen activity. Wendigo recommends that you seek and take the advice of a suitably qualified person before purchasing your equipment. Once purchased, the equipment should only be used in accordance with the manufacturers' instructions and should likewise be inspected before use and properly maintained. Nothing in this notice affects your statutory rights.

Governing law and jurisdiction

These terms and conditions shall be subject to the laws of the State of California.

The courts of California shall have exclusive jurisdiction over all claims or disputes (whether contractual or non-contractual) arising in relation to, out of or in connection with these terms and conditions including orders for goods.