Terms + Conditions
Overview
Welcome to the WVN, Inc (“WVN”) website at www.shopwvn.com (“the Site”). WVN provides this Site as a service to our customers. Please read the following terms of service (“Terms”) as they govern your use of our Site and our services and content accessible via our Site. To make these Terms easier to read, the Site and our services and content are collectively called the “Services.”
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the 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 to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
IMPORTANT: WHEN YOU AGREE TO THESE TERMS, YOU AGREE TO RESOLVE YOUR DISPUTES WITH US ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION, UNLESS YOU OPT-OUT OF ARBITRATION WITHIN 30 DAYS OR THE DISPUTE IS EXCLUDED FROM ARBITRATION, AS FURTHER DESCRIBED IN THE DISPUTE RESOLUTION SECTION BELOW. PLEASE REVIEW THE DISPUTE RESOLUTION SECTION BELOW FOR DETAILS ON ARBITRATION AND OPTING-OUT.
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.
Privacy Policy
Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.
Payments
When you make a purchase through our Services, you authorize us or our third party payment processor to charge your payment method for any such purchases (plus any applicable taxes and other charges) that may be accrued by or in connection with your purchase. You are responsible for the timely payment of all fees and for providing a valid method of payment. All prices, fees and any applicable taxes and other charges are payable in your selected currency at checkout. When you initiate a purchase transaction via the Services, you will be asked to provide customary billing information such as your name, billing address, and credit card information. You may also need to provide additional information to verify your identity before completing your transaction. If you are completing the purchase using a third party payment processor, that processor’s terms and conditions apply to your payment transaction.
Customer Satisfaction
At WVN, we are committed to providing our customers with great quality products at fair prices. Our products are sold online only in limited quantities and availabilities. We have done our best to display our items as accurately as possible via our Services. Please be aware however that variations in style, color, size, shape and look may occur. If you are not satisfied your purchase, please review our return policy.
Content
(a) Our Content
All of the content that appears on the Site, including all visuals, text, audio and video clips are subject to copyright protections and/or other intellectual property rights or licenses held by WVN (“Content”). We either own or have a license to all such Content.
Subject to your compliance with these Terms, WVN grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and view the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
(b) User Content
“User Content” means any text, graphics, images, works of authorship of any kind or other materials that are posted, generated, provided, or otherwise made available by you through the Services or that you share with other users or recipients. User Content includes without limitation Feedback (defined below) and Tagged Media (defined below).
By making any User Content available through the Services you hereby grant to WVN a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content, in whole or in part, in connection with the Services and WVN’s (and its successors’ and affiliates’) business, including without limitation for promoting, marketing or advertising and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels (whether now known or hereafter devised). You understand that WVN is not obligated to utilize any of the rights granted in these Terms and we do not guarantee any confidentiality with respect to any User Content you submit or upload.
Except where prohibited by law, by submitting or uploading User Content through the Services, you waive and agree not to assert any “moral” rights or claim resulting from our alteration of the User Content or any photographs, footage, statements or other work contained in the User Content. You are also agreeing to appoint WVN as your attorney-in-fact with respect to the User Content, with the right to execute and deliver any documents, in your name and on your behalf, to ensure that we can use the User Content that you are licensing in any way we see fit, and to protect the rights in any derivative works created from your User Content, and to have the User Content removed from any other website or platform.
You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by WVN on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
Ratings & Reviews
By submitting a product rating or review, you represent and warrant that:
- You understand you are participating in a public forum and that your content and other personal information will be available to all other users of the website.
- You are the sole author and owner of the intellectual property and other rights thereto (or have the necessary licenses, rights, consents and permissions to use and provide a non-exclusive license to WVN to use all intellectual property and other rights thereto to enable inclusion and use of the content in the manner contemplated by these Terms of Use)
- You understand that your reviews may be utilized and distributed by WVN in its marketing materials, including but not limited to, shopwvn.com, WVN emails, social channels, and store materials
- All "moral rights" that you may have in such content have been voluntarily waived by you and you do not require that any personally identifying information be used in connection with the content that you submit, or any derivative works of or upgrades or updates thereto
- All content that you post is accurate
- You are at least 13 years old and, if you are a minor, that you have obtained the consent of your parent or legal guardian to use the site and their agreement to these Terms of Use
- and that use of the reviews you supply does not violate these Terms of Use and will not cause injury to any person or entity.
You also represent and warrant that any product reviews you submit:
- Is not false, inaccurate or misleading
- Does not harm minors
- Does not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any person or entity
- Does not violate any obligations you may have with respect to such content under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)
- Does not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
- Is not, or would not reasonably be considered to be, unlawful, harmful, defamatory, trolling, bullying, libelous, vulgar, obscene, invasive of another's privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual, partnership or corporation
- Is not submitted for compensation or other consideration from any third party
- Is relevant to the product being rated and reviewed
- Does not include any information that references other websites, addresses, email addresses, contact information or phone numbers
- Complies in all respects with these Terms of Use, our Privacy Policy and all Guidelines and Rules
- Is not a form of phishing and does not contain unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; - Does not contain any computer viruses, worms or other potentially damaging computer programs or files, and
- Does not impersonate any person or entity, including, without limitation, any WVN official, forum leader, guide or host, or falsely states or otherwise misrepresents your affiliation with a person or entity
Use of the Services
We really want everyone to have a great experience using the Services. That’s why you agree that you won’t do any of the following things, otherwise we might have to suspend or terminate your Account
Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
Use, display, mirror or frame the Services, or any individual element within the Services, WVN’s name, any WVN trademark, logo or other proprietary information (including through the use of meta tags or the like), or the layout and design of any page or form contained on a page, without our express written consent, except as is clearly permitted by the functionality of the services
Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by WVN or other generally available third-party web browsers
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation
Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms
Attempt to interfere in any way with the Services or WVN’s networks or network security, or attempt to use the Services to gain unauthorized access to any other computer system
Collect or store any personally identifiable information from the Services from other users of the Services without their express permission
Impersonate or misrepresent your affiliation with any person or entity
Violate any applicable law or regulation, or
Encourage or enable any other third party or individual to do anything listed above.
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
International Orders
Customers who access and use the WVN.com website from outside the United States are responsible for complying with their local laws and regulations. When you place an order and select a shipping address outside of the United States you or your designated consignee are the Importer of Record and as such are authorizing WVN to import the goods to your destination country on your behalf. Furthermore, you agree that WVN may delegate the obligation to import the goods on your behalf to a subcontractor (e.g. customs broker). When indicated on the website, WVN through its own or 3rd party software tools will make its best effort to calculate and collect the applicable duties and taxes and any other additional fees up front, either at Checkout or included in the product price, but ultimately you or your designated consignee as Importer of Record are responsible to pay the applicable duties & taxes and any other import fees to your local customs authorities.
Feedback
We welcome feedback, comments, reviews of the products you purchase through us, and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at customercare@shopwvn.com or by reviewing a particular product. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
Correction of Site Errors
The information on the Site may contain typographical errors or inaccuracies. We reserve the right to update any information we see fit at any time without prior notice. Please note that such errors may relate to product information, pricing and availability. In these instances, we shall have the right to terminate any orders involving pricing errors or inaccuracies. We apologize for any inconveniences.
Indemnity
You agree to indemnify and hold WVN (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, as well as losses, expenses, damages and costs, resulting from any violation of these Terms, your use of the Services, or any activity related to your Account (including negligent or wrongful conduct).
Gift Cards
Gift cards, both physical and digital, are only redeemable if purchased through WVN.com. We take no responsibility for gift cards purchased from resellers and reserve the right to refuse, cancel, or hold gift cards and orders for suspected fraud, for cards mistakenly issued in an incorrect denomination or for other violations of gift card policies.
Third Party Links
The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
Termination
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may disable access to your Account at any time by sending us an email. Upon any termination, discontinuation or cancellation of Services or your Account, the following sections will survive: User Content, Payments, Feedback, Disclaimer of Warranty, Limitation of Liability, Dispute Resolution, Governing Law, and General Terms.
DISCLAIMER OF WARRANTY
ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE ARE PROVIDED TO YOU "AS IS" WITHOUT ANY GUARANTEES OR WARRANTY. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
LIMITATION OF LIABILITY
NEITHER WVN NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WVN HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL WVN’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO WVN FOR USE OF THE SERVICES OR CONTENT OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO WVN, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN WVN AND YOU.
Dispute Resolution
Our goal is to provide you with great service, so we’ll try our best to resolve any disagreements that you have with us. If we can’t, then you and we both agree to resolve disputes related to your use of the Services or these Terms (each, a “Claim”) in binding arbitration instead of court, except that (a) a Claim may be brought in small claims court if it qualifies for it and (b) either party may bring suit in court to enjoin the infringement or other misuse of intellectual property rights.
What is arbitration? Arbitration does not involve a judge or jury. Instead, a neutral person (the “arbitrator”) hears each party’s side of the dispute, and makes a decision that is finally binding on both parties. The arbitrator can award the same relief as a court could award, including monetary damages. While court review of an arbitration award is limited, if a party fails to comply with the arbitrator’s decision, then the other party can have the arbitration decision enforced by a court. If for any reason a Claim proceeds in court rather than in arbitration, you and we each waive any right to a jury trial.
Can a Claim be part of a class action or similar proceeding? No. You agree to resolve your Claims with us solely on an individual basis, and not as part of a class, representative or consolidated action. We agree to do the same.
What rules apply in the arbitration? The arbitration will be conducted under the American Arbitration Association (“AAA”) Consumer Arbitration Rules (the “AAA Rules”). The AAA Rules are available at www.adr.org or by calling 1-800-778-7879.
How will the arbitration be conducted? How much does it cost? The arbitration will be conducted by the AAA or a comparable arbitration body in the event the AAA is unable to conduct the arbitration. tPayment of all filing, administration and arbitrator fees will be governed by the AAA Rules.Unless the arbitrator finds your Claim frivolous, we’ll pay for all filing, administration and arbitrator fees if your Claim is for less than $10,000, and we won’t seek our attorneys’ fees and costs if we prevail in the arbitration. The arbitration may be conducted in writing, remotely (e.g., by videoconference) or in-person in the county where you live (or at some other location that we both agree to).
How do I start an arbitration proceeding? To begin an arbitration proceeding against us, send a letter requesting arbitration and describing your Claim to us by emailing customercare@shopwvn.com. If we request arbitration against you, we will give you notice at the email address or street address you provided.
INSTRUCTIONS FOR OPTING-OUT OF ARBITRATION: If you don’t want to agree to arbitrate your Claims as explained above, then you can opt-out of this arbitration agreement by notifying us of your decision in writing by submitting a letter. You must opt-out within 30 days of the date you first agree to these Terms or any updated Terms.
Governing Law
These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.
General Terms
Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between WVN and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between WVN and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the “Dispute Resolution” section above or by court of competent jurisdiction, but only if you timely opt out of arbitration by sending us an opt-out email in accordance with the terms set forth above), that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without WVN’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. WVN may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Notices
Any notices or other communications provided by WVN under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Waiver of Rights
WVN’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of WVN. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Questions for us?
If you have any questions about these Terms or the Services, please contact us.
