Terms of service
OVERVIEW
Welcome to the Wildpoint Outdoors shop! The "we" referred to in these Terms is Wildpoint Outdoors. Wildpoint Outdoors operates this store and website, including all related information, content, features, tools, products and services, to provide you, the customer, with a curated shopping experience ("Services"). Wildpoint Outdoors operates using Shopify technology, which enables us to provide the Services to you.
The following terms, together with the policies referenced herein (these "Terms of Use" or "Terms"), set forth your rights and obligations when using the Services.
Please read the Terms of Use carefully as they contain important information about your rights and address, among other things, warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Use and our Privacy Policy [LINK]. If you do not agree to these Terms of Use or our Privacy Policy, please do not use our Services.
SECTION 1 - ACCESS AND ACCOUNT
By accepting these Terms of Use, you represent that you are at least the age of majority in your state or territory of residence and you consent to us allowing your minor dependents to use the Services on devices that you own, purchase or manage.
In order to use the Services, such as to access or browse our online stores or to purchase products or services offered, 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 in our stores is accurate, current and complete and that you have all necessary rights to provide such information.
You are solely responsible for maintaining the security of your account credentials and for all activity on your account. You may not transfer, sell, assign or license your account to any other person.
PART 2 - OUR PRODUCTS
We have done our best to ensure that the most accurate information about our products and services is available in our online stores. However, please note that the colours or appearance of the products may differ from what they appear on screen. This is influenced by the device you are using to shop and the settings and configuration of your device.
We do not guarantee that the appearance or quality of any products or services you purchase will meet your expectations or match what is described or displayed in the online store.
All descriptions of products may be changed at any time without notice and at our sole discretion. We reserve the right to stop selling any product at any time, and may also limit the number of products offered to any person or in any territory or jurisdiction on a case-by-case basis.
PART 3 - SUBSCRIPTIONS
When you place an order, you are offering to purchase a product or service. Wildpoint Outdoors reserves the right to accept or reject your order for any reason in its sole discretion. Your order will not be accepted until Wildpoint Outdoors confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it, as Wildpoint Outdoors may not be able to accommodate cancellation requests after the order has been accepted. If we do not accept your order, if we make changes to it, or if we cancel it, we will try to notify you by contacting you using the email address, billing address or telephone number you provided at the time of ordering.
You can only return or exchange your purchase in accordance with our Returns Policy [LINK].
You represent and warrant that your purchase is 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 of the product or service will be charged at the time of ordering. The price will be indicated in the order confirmation e-mail. Unless otherwise stated, prices quoted do not include taxes, delivery charges, handling charges, customs duties or import charges.
The prices indicated in our online shop may differ from the prices in force in physical shops or online or other third party shops. From time to time, we may run promotions on our Services which may affect pricing and may be subject to terms and conditions separate from these Terms. In the event of any conflict between the promotional terms and these Terms, the promotional terms will prevail.
You agree to provide current, complete and accurate purchase, payment and account information whenever you make a purchase in our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can process your transaction and contact you as necessary.
You represent and warrant that (i) the credit card information you provide is true, correct and complete, (ii) you are authorized to use such credit card information to make a purchase, (iii) your credit card company is responsible for any charges you make, and (iv) you will pay any charges incurred by you, including the prices quoted, shipping and handling charges and any taxes.
SECTION 5 - SHIPMENTS AND DELIVERIES
We are not responsible for delays in shipments and deliveries. All delivery times are estimates and cannot be guaranteed. We are not responsible for delays caused by the actions of the carrier, customs procedures or other events beyond our control. Once we hand over the goods to the carrier, the title and risk of loss passes to you.
SECTION 6 - INTELLECTUAL PROPERTY RIGHTS
Our services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, videos and pictures and their design, selection and layout, are owned by Wildpoint Outdoors, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and intellectual property laws.
These Terms authorize use of the Services for personal, non-commercial use only. You may not reproduce, distribute, modify, publicly display, publicly perform, republish, upload, store, transmit or create derivative works from any materials on the Services without our prior written permission. Except as otherwise expressly provided herein, nothing in these Terms grants you any license or other rights, or shall be construed as granting you any license or rights, under any patent, trademark, copyright or other intellectual property right of Wildpoint Outdoors, Shopify or any third party in any trade. Unauthorized use of the Services may violate state or federal intellectual property laws. Wildpoint Outdoors reserves all rights not expressly granted herein.
Wildpoint Outdoors trade names, logos, product and service names, designs and slogans are trademarks of Wildpoint Outdoors or its affiliates or licensors. You may not use these trademarks unless Wildpoint Outdoors has given you prior written permission to do so. 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 displayed on the Service are trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
As part of the Services, you may have access to customer tools provided by third parties over which we have no control and over which we have no control.
You agree that we provide access to such tools on an "as is" and "as available" basis without any warranties, representations or conditions and without any endorsement. We shall have no liability whatsoever arising out of or in connection with your use of the Optional Third Party Tools.
If you use any optional tools provided through the Site, you do so entirely at your own risk and discretion and you should ensure that you are aware of and agree to the terms and conditions under which the third party tools are provided.
We may also offer new features through the Services (including new tools and resources) in the future. Such new features will be considered part of the Services and will be subject to these Terms.
SECTION 8 - THIRD PARTY LINKS
The Services may contain material and hyperlinks to websites provided and maintained 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 if you choose to access such content. If you choose to exit the Services to access such materials or third party websites, you do so at your own risk.
We are not responsible for any inconvenience or damage relating to your use of third party websites or your purchase or use of products, services, resources or content from third party websites. Before making any transactions, please read carefully the third party's policies and procedures and make sure you understand them. Any complaints, claims, concerns or questions regarding third party products and services should be directed to the third party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
Wildpoint Outdoors uses Shopify to provide the Services to you. However, for all purchases you make in our store, the other party is directly Wildpoint Outdoors. By using the Services, you agree that Shopify shall not be liable for any aspect of any transaction between you and Wildpoint Outdoors, including any injury, damage or loss resulting from products or services purchased. You hereby expressly release Shopify and its affiliates from any and all claims, damages and liabilities arising out of or related to your purchases and transactions in connection with your transaction with Wildpoint Outdoors.
SECTION 10 - PRIVACY POLICY
All personal information collected through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may be subject to Shopify's Privacy Policy, which can be viewed at here. By using the Services, you acknowledge that you have read this Privacy Policy.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your use of the Services in order to provide and improve the Services to you. In order to provide the Services to you, the information you submit to the Services is transmitted and shared with Shopify and third parties that may be located in countries other than your country of residence. Our Privacy Policy [LINK] contains more information about how we, Shopify and our partners use your personal information.
PART 11 - FEEDBACK
If you submit, upload, post, email or otherwise transmit 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 the Feedback in any form and for any purpose, including commercial use. For example, we may exercise our rights under this license to provide, offer, evaluate, improve and market the Services and to perform our obligations and exercise our rights under these Terms of Use.
You also represent and warrant that (i) you own the Feedback or all necessary rights thereto, that (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback, and that (iii) your Feedback complies with these Terms. We have no obligation to (1) keep your Feedback confidential, (2) compensate you for your Feedback, or (3) respond to your Feedback.
We may, but have no obligation to, monitor or edit any Feedback or remove any Feedback that we, in our sole discretion, determine to be unlawful, offensive, threatening, abusive, defamatory, libelous, pornographic, obscene, or otherwise objectionable or in violation of any party's intellectual property rights or these Terms of Use.
You warrant that Your Feedback will not infringe the rights of any third party, including copyright, trademark, privacy, identity or other personal or proprietary rights. You also agree that Your Feedback will not contain any defamatory or otherwise unlawful, offensive or obscene Feedback or any computer viruses or other malicious software that could in any way affect the operation of the Services or any related website. You may not use a fake email address, impersonate another person 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 do not accept any responsibility for any Feedback posted by you or any third party.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
The Services may from time to time contain information that contains typographical errors, inaccuracies or omissions relating to, for example, product descriptions, prices, promotions, product delivery charges, shipping times or availability. We reserve the right to correct any errors, inaccuracies or omissions and, if any information is incorrect, to change or update the information or cancel orders at any time without notice (including after you have placed an order).
SECTION 13 - PROHIBITED USES
You may only use the Services for lawful purposes. You may not use the Services directly or indirectly (a) for any illegal or harmful purpose, (b) to violate any international, federal, provincial or state statute, rule, law or regulation, (c) to infringe our or others' intellectual property rights, (d) harass, abuse, insult, injure, defame, libel, slander or intimidate any of our employees or any other person; (e) transmit false or misleading information; (f) send, knowingly receive any material that violates these Terms, (g) to transmit or promote the transmission of advertising or promotional material, including spam, chain letters and junk mail, or other similar commercial solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to do anything else, which restricts or inhibits anyone from using or enjoying the Services or which, in our opinion, may harm the business of Wildpoint Outdoors, Shopify or users of the Services or expose them to liability.
You further represent and warrant that you will not (a) download or transmit any viruses or any other harmful code that is or may be used in a manner that would interfere with the operation or use of the Services, (b) reproduce, duplicate, copy, sell, resell or misuse any portion of the Services, (c) collect or monitor the personal information of others; (d) spam, fish, scrape, or otherwise collect or solicit information; or (e) interfere with or circumvent the security measures of the Services or any related web pages, other websites or the Internet. We reserve the right to suspend, disable or terminate your account at any time without notice if we find that you have violated any part of these Terms.
SECTION 14 - TERMINATION OF THE AGREEMENT
We may terminate this Agreement or your access to the Services (or any part thereof) at our sole discretion at any time without notice, in which case you will be liable for all amounts up to the date of termination.
Intellectual Property Rights, Feedback, Termination, Warranty Disclaimer, Limitation of Liability, Indemnity, Severability, Waiver of Right; Entire Agreement, Assignment, Governing Law, Privacy Policy and any other terms that by their nature should survive termination will remain in effect.
PART 15 - DISCLAIMER OF WARRANTIES
Information provided on or through the Services is made available for general information purposes only. We do not guarantee the accuracy, completeness or usefulness of this information. Your decision to rely on this information is entirely at your own risk. We disclaim all liability in connection with your or any other visitor to the Services or anyone who may obtain information about the content of the Services relying on such materials.
UNLESS Wildpoint Outdoors SPECIFIES OTHERWISE, THE SERVICES AND ALL PRODUCTS PROVIDED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REPRESENTATIONS OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT, REPRESENT OR PROMISE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW DISCLAIMERS OF IMPLIED AND OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 16 - LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, Wildpoint Outdoors, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, COMPANIES, REPRESENTATIVES, SUBCONTRACTORS, OUR SERVICE PROVIDERS OR LICENSORS OR SIMILAR ENTITIES OF SHOPIFY AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DAMAGES, LOSSES OR LIABILITIES OF ANY KIND, CLAIMS OR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST REVENUES, LOST SAVINGS, LOST DATA, REPLACEMENT COSTS OR SIMILAR DAMAGES, WHETHER IN CONTRACT OR NOT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING OUT OF YOUR USE OF THE SERVICES OR ANY PRODUCTS OBTAINED THROUGH THE SERVICES OR ANY OTHER CLAIM RELATING TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING WITHOUT LIMITATION ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF YOUR USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) PUBLISHED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF.
SECTION 17 - LIABILITY
Sitoudut korvauksiin, puolustamiseen ja vastuusta vapauttamiseen koskien kauppaa Wildpoint Outdoors, Shopifyta ja tytäryhtiöitämme, kumppaneitamme, toimihenkilöitämme, johtajiamme, työntekijöitämme, edustajiamme, aliurakoitsijoitamme, lisenssinantajiamme ja palveluntoimittajiamme liittyen menetyksiin, vahinkoihin, liabilities or claims, including reasonable attorneys' fees payable as a result of your (1) breach of these Terms of Use or the documents incorporated by reference, (2) violation of any law or the rights of a third party, or (3) use of these Services.
We will notify you of any claim for damages, provided that failure to provide timely notice will not relieve you of your obligations unless you suffer material injury. We may administer the defense and settlement of any such claim at your expense, including the selection of an attorney, but we will not settle any claim that requires you to assume non-monetary obligations without your consent (which you may not unreasonably withhold). You will cooperate in the defence of claims, including by providing relevant documentation.
SECTION 18 - SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision shall nevertheless be enforceable to the maximum extent permitted by applicable law, and the unenforceable portion shall be deemed severable from these Terms of Service, such determination to be without prejudice to the validity and enforceability of the remaining provisions.
SECTION 19 - WAIVER OF RIGHT; ENTIRE AGREEMENT
Our failure to enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
These Terms of Use and the policies and operating rules that we have posted on this Site or in connection with the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications or proposals, oral or written, between you and us (including but not limited to any prior versions of the Terms of Use).
Any ambiguity in the interpretation of these Terms of Use shall not be construed against the author.
SECTION 20 - ASSIGNMENT
You may not delegate, assign or transfer this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempts shall be deemed void. We may assign, transfer or delegate these Terms and our rights or obligations without consent and without notice to you.
PART 21 - GOVERNING LAW
These Terms of Use shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where Wildpoint Outdoors has its principal place of business. You and Wildpoint Outdoors consent to venue and personal jurisdiction in such courts.
SECTION 22 - TITLES
Headings have been added to this Agreement for convenience of reading only and do not limit or otherwise affect these Terms.
SECTION 23 - CHANGES TO THE TERMS AND CONDITIONS
You may access the most current version of the Terms of Use at any time on this page.
We reserve the right, at our discretion, to update, modify or replace any part of these Terms of Use by posting updates and changes on our website. It is your responsibility to monitor the website regularly for changes. We will give notice of material changes to these Terms in accordance with applicable law, and such changes will take effect on the date specified in the notice. If you continue to use the Services after any changes to these Terms of Use have been made, you will be deemed to have accepted those changes.
SECTION 24 - CONTACT DETAILS
Questions about the Terms of Use may be sent to us at sales@wildpoint.fi.
Our contact details are as follows:
Wildpoint Outdoors
sales@wildpoint.fi
c/o Janne Törrönen
Laivurintie 6 as 2, 18100 Heinola, Finland
+358 40 5144070
1802360-6
FI18023606