Terms of service
OVERVIEW
Welcome to WGSAD®! The terms “we,” “us,” and “our” refer to WGSAD®. WGSAD® 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”). WGSAD® is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service, 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, available at https://www.wgsad.com/policies/privacy-policy. If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access the 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 store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address and billing, payment, and shipping information. You represent and warrant that all information you provide is correct, 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 activity under your account. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to display our products and services as accurately as possible in our online store. However, colors and product appearance may vary depending on the device you use to access the store and your device settings.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or exactly match how they appear in our store.
All product descriptions 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 quantities offered 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. WGSAD® reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until WGSAD® confirms acceptance. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting it, as WGSAD® may be unable to accommodate cancellation requests after an order has been accepted. If we do not accept, change, or cancel an order, we will attempt to notify you using the email address, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy, available at https://www.wgsad.com/policies/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 store may differ from prices offered in physical stores or through third parties. We may offer promotions from time to time that are governed by separate terms and conditions. If there is a conflict between promotional terms and these Terms, the promotional terms will govern.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our store. You agree to promptly update your account and other information, including your email address and payment details, so that we can complete your transactions and contact you as needed.
You represent and warrant that: (i) the payment information you provide is true, correct, and complete; (ii) you are duly authorized to use such payment method for the purchase; (iii) charges incurred by you will be honored by your payment provider; and (iv) you will pay charges incurred by you at the posted prices, including shipping, handling, and all applicable taxes, if any.
SECTION 5 - SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss pass to you.
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 WGSAD®, its affiliates, or licensors and are protected by U.S. and foreign 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 on the Services without our prior written consent.
Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting any license or other rights to you under any patent, trademark, copyright, or other intellectual property right of WGSAD®, Shopify, or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted are reserved by WGSAD®.
WGSAD®’s names, logos, product and service names, designs, and slogans are trademarks of WGSAD® or its affiliates or licensors. You must not use such trademarks without prior written permission. Shopify’s name, logo, product and service names, designs, and slogans 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
You may be provided with access to third-party tools as part of the Services, which we neither monitor nor control.
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 any endorsement. We shall 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 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 deemed part of the Services and subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party functionality. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third-party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review the third party’s policies and practices carefully before engaging 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
WGSAD® 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 WGSAD®. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and WGSAD®, including any injury, damage, or loss resulting from purchased products or 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 WGSAD®.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, available at https://www.wgsad.com/policies/privacy-policy, and certain personal information may also be subject to Shopify’s Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.
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. Information you submit through the Services may be transmitted to and shared with Shopify, as well as third parties that may be located in countries other than where you reside, in order to provide services to you. Please review our Privacy Policy for more details on how we, Shopify, and our partners use your personal information.
SECTION 11 - FEEDBACK
If you submit, upload, post, 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 for any purpose, including commercial use.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are under no obligation to maintain any Feedback in confidence, pay compensation for it, or respond to it.
We may, but have no obligation to, monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms.
You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your Feedback will not contain unlawful, abusive, obscene, or malicious content, including malware or viruses. 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 your Feedback 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 relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice, including after you have submitted your order.
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any applicable laws or regulations; (c) to infringe upon or violate our intellectual property rights or the rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate; (e) to transmit false or misleading information; (f) to upload or transmit material that does not comply with these Terms; (g) to send spam or other unsolicited promotional material; (h) to impersonate any person or entity; or (i) to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services or may harm WGSAD®, Shopify, or users of the Services.
In addition, you agree not to: (a) upload or transmit viruses or malicious code; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; (e) use any robot, spider, scraper, data extraction tool, automated system, or AI tool to access the Services; or (f) interfere with, bypass, or circumvent the security or authorization features of the Services. We reserve the right to suspend, disable, or terminate your access at any time if we determine that you have violated these Terms.
SECTION 14 - AGENTS
14.1 This section applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. “Agent” means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity.
14.2 No Agent may access, use, or interact with the Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in Section 14.4 below. In addition, no Agent may access, use, or interact with the Services if we have requested that the Agent refrain from doing so.
14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, or interacts with the Services.
14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including “Agent/[agent name]” in the request’s user agent string; (ii) not conceal or obfuscate that any access, use, or interactions are from an Agent, including by mimicking human behavior or circumventing CAPTCHA or other anti-bot measures; (iii) respond truthfully to any prompt seeking to determine whether interactions are from a human or computer; and (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control 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 at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will survive 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 presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
We are offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.
The Program allows users to receive SMS/MMS mobile messages by affirmatively opting into the program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the program. By participating in the program, you agree to receive automated or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”).
If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP to any mobile text message from Us in order to opt out of the program. You may receive an additional mobile message confirming your decision to opt-out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You understand and agree that attempting to opt out by texting other words or verbally requesting one of our team members to remove you from our list is not accounted for as a reasonable means of opting out.
You acknowledge that the message frequency is various and that consent is not a condition to purchase. The program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with us.
You must have a wireless device of your own, be capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text-messaging instructions.
You may not use or engage with the platform if you are under thirteen (13) years of age. If you use or engage with the platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18), and have your parent’s or legal guardian’s permission to use or engage with the platform, or are of adult age in your jurisdiction. By using or engaging with the platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates, or improvements of the program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the program after any such changes, you accept this Agreement, as modified.