Terms of service
1.PRIVACY POLICY Your use of the Services is governed by our Privacy Policy, which is incorporated into these Terms by reference. Please read it carefully before using the Services.
2. TERMS OF SERVICE
Overview
Welcome to Wagosa! The terms "we", "us" and "our" refer to Wagosa. Wagosa
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"). Wagosa 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.
Nothing in these Terms affects your statutory rights as a
consumer under EU or Irish law, including your right to withdraw from a
purchase within 14 days as described in our Refund Policy. Where any clause
below would otherwise conflict with a mandatory consumer protection, that
clause is limited accordingly and does not remove your statutory rights.
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 country 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, billing, payment,
and shipping information. You represent and warrant that all the
information you provide 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 store. However, please note that colors
or product appearance may differ from how they appear on your screen due to
the device you use and its settings.
We do not warrant that the appearance or quality of any products or
services purchased by you will meet your expectations or be identical to how
they are depicted in our online store.
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 we offer,
on a case-by-case basis.
Section 3 - Orders
When you place an order, you are making an offer to purchase. Wagosa
reserves the right to accept or decline your order for any reason at its
discretion. Your order is not accepted until Wagosa confirms acceptance. We
must receive and process your payment before your order is accepted. In the
event that we do not accept, change, or cancel an order, we will attempt to
notify you using the email, billing address, and/or phone number provided at
the time the order was made.
Your purchases are subject to return, exchange, or withdrawal in accordance with our Refund Policy, which provides a 30-day return window and includes your statutory 14-day right of withdrawal as an EU/UK consumer.
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 will be the price in effect at the time the order is
placed, as set out in your order confirmation email. Unless otherwise
stated, posted prices do not include shipping, handling, customs or import
charges applicable outside the EU.
We may offer promotions from time to time that are governed by terms
separate from these Terms; where there is a conflict, the promotion terms
govern.
You agree to provide current, complete and accurate purchase, payment and
account information, and to promptly update this information so 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 the
payment method for the purchase, (iii) charges incurred by you will be
honored by your payment provider, and (iv) you will pay charges incurred at
the posted prices, including shipping and applicable taxes.
Section 5 - Shipping and delivery
Delivery times shown at checkout and in our Shipping Policy are estimates
only. We are not responsible for delays caused by shipping carriers, customs
processing, or events outside our reasonable control. Once we transfer
products to the carrier, risk of loss passes to you, though this does not
affect your statutory right to a remedy if goods arrive damaged, faulty, or
not as described.
Section 6 - Intellectual property
Our Services, including all trademarks, brand names, text, displays,
images, graphics, product reviews, video, and audio, and the design,
selection, and arrangement thereof, are owned by Wagosa, its affiliates or
licensors and are protected by Irish, EU and other 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 on the Services without our prior
written consent. Unauthorized use may violate applicable intellectual
property laws. All rights not expressly granted herein are reserved by
Wagosa.
Wagosa's name, logo, product and service names, designs, and slogans are
trademarks of Wagosa. You must not use these without our prior written
permission. Shopify's name, logo, and related marks are trademarks of
Shopify. All other names, logos, and marks on the Services are the property
of their respective owners.
Section 7 - Optional tools
You may be given access to tools offered by third parties as part of the
Services, which we neither monitor nor control. We provide access to such
tools "as is" and "as available" without warranties of any kind, and we have
no liability arising from your use of them. Any use of optional third-party
tools is entirely at your own risk, and you should review the relevant
third party's own terms before using them.
Section 8 - Third-party links
The Services may contain links to websites operated by third parties. We
are not responsible for the content or accuracy of any third-party
materials or sites. If you access third-party sites via our Services, you do
so at your own risk, and any transaction-related complaints should be
directed to the relevant third party.
Section 9 - Relationship with Shopify
Wagosa 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 Wagosa. Shopify is not responsible for any aspect of any sale
between you and Wagosa, including any injury, damage, or loss resulting from
purchased products. You release Shopify and its affiliates from all claims
arising from your purchases and transactions with Wagosa.
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 own 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 may be
transmitted to and shared with Shopify and third parties, including in
other countries, in order to provide the Services to you.
Section 11 - Feedback
If you submit any ideas, suggestions, feedback, or reviews ("Feedback"),
you grant us a perpetual, worldwide, royalty-free license to use, reproduce,
modify, publish, distribute and display such Feedback for any purpose,
including commercial use. You represent that you own or have the rights to
the Feedback you submit, that it complies with these Terms, and that it does
not violate any third party's rights. We have no obligation to keep
Feedback confidential, compensate you for it, or respond to it, and we may
remove any Feedback at our discretion.
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, shipping charges, transit times, and
availability. We reserve the right to correct any such errors and to update
or cancel orders if information is inaccurate, at any time, including after
an order has been submitted - without prejudice to your statutory consumer
rights.
Section 13 - Prohibited uses
You may access and use the Services for lawful purposes only. You may
not use the Services to: engage in unlawful or malicious activity; violate
applicable laws or regulations; infringe our or others' intellectual
property rights; harass, abuse, or harm any person; transmit false or
misleading information; send spam or unsolicited promotional material;
impersonate any person or entity; or engage in conduct that restricts or
inhibits others' use of the Services or that may harm Wagosa, Shopify, or
other users.
You also agree not to: upload viruses or malicious code; reproduce,
duplicate, or exploit any portion of the Services without authorization;
collect or track others' personal information without consent; use scraping
tools, bots, or automated means (including AI agents) to access the
Services other than as permitted under Section 14 below; or bypass or
interfere with any security or access-control measures we employ. We may
suspend, disable, or terminate access at any time if we determine these
Terms have been violated.
Section 14 - Agents
This section applies if you use, allow, or cause the deployment of an
"Agent" - any software that takes autonomous or semi-autonomous action on
behalf of a person or entity - to access or interact with the Services. Any
such Agent must, at all times: identify itself as an Agent in its HTTP/HTTPS
request headers; not conceal or obfuscate that it is an Agent, including by
mimicking human behaviour or bypassing CAPTCHAs; respond truthfully to any
prompt asking whether it is human or automated; and not circumvent any
measure we use to control how Agents access the Services. We may limit or
block Agent access at our discretion.
Section 15 - Termination
We may terminate this agreement or your access to the Services at our
discretion at any time, and you will remain liable for all amounts due up to
the date of termination. Provisions that by their nature should survive
termination (including Intellectual Property, Feedback, Disclaimer of
Warranties, Limitation of Liability, Indemnification, and Governing Law)
will continue to apply.
Section 16 - Disclaimer of warranties
The information presented on the Services is provided for general
information purposes. We do not warrant the accuracy, completeness, or
usefulness of this information, and any reliance you place on it is at your
own risk. Except as expressly stated by Wagosa, or as required by applicable
consumer protection law, the Services and products offered are provided "as
is" and "as available" without warranties of any kind. We do not guarantee
that your use of the Services will be uninterrupted, timely, secure, or
error-free. Nothing in this section limits any warranty or guarantee that
cannot lawfully be excluded under EU or Irish consumer law.
Section 17 - Limitation of liability
To the fullest extent permitted by law, Wagosa, its partners, directors,
officers, employees, affiliates, agents, contractors, and service providers
(and those of Shopify) will not be liable for any indirect, incidental,
punitive, special, or consequential damages arising from your use of the
Services or any product procured through them, including lost profits, lost
revenue, or lost data - except where such liability cannot lawfully be
excluded, including liability for death, personal injury, or fraud, or
liability under mandatory EU/Irish consumer protection law.
Section 18 - Indemnification
You agree to indemnify and hold harmless Wagosa, Shopify, and their
affiliates, officers, directors, employees, agents, and service providers
from any losses, damages, liabilities, or claims (including reasonable
legal fees) arising from your breach of these Terms, your violation of any
law or third-party right, or your use of the Services.
Section 19 - Severability
If any provision of these Terms is found unlawful, void, or
unenforceable, that provision will be enforced to the fullest extent
permitted by law, and the remainder will remain in full effect.
Section 20 - Waiver; entire agreement
Our failure to enforce any right or provision of these Terms will not
constitute a waiver of that right or provision. These Terms, together with
any policies referenced herein, constitute the entire agreement between you
and us regarding your use of the Services, superseding any prior agreements
or communications.
Section 21 - Assignment
You may not transfer or assign these Terms or your rights under them
without our prior written consent. We may transfer or assign these Terms
without notice to you.
Section 22 - Governing law
These Terms are governed by the laws of Ireland. Any disputes will be
subject to the exclusive jurisdiction of the Irish courts, without prejudice
to any mandatory consumer protections that entitle you to bring proceedings
in the courts of your own country of residence if you are an EU consumer.
Section 23 - Headings
Headings in this agreement are included for convenience only and do not
limit or otherwise affect these Terms.
Section 24 - Changes to these Terms
We may update these Terms from time to time by posting changes to our
website. Your continued use of the Services after changes are posted
constitutes acceptance of those changes. We will notify you of material
changes where required by applicable law.
Section 25 - Contact information
Questions about these Terms should be sent to hello@wagosa.com.
Wagosa
hello@wagosa.com