Terms of service

Terms of Service

Overview

Welcome to Wharf. When we say "we," "us," or "our," we mean Wharf. We run this store and website, along with all the content, features, tools, products, and services that come with it, to give you a curated shopping experience (the "Services"). Wharf is powered by Shopify, which lets us provide the Services to you.

These terms, along with any policies they reference (together, the "Terms of Service" or "Terms"), explain your rights and responsibilities when you use the Services. Please read them carefully. They cover important legal ground, including warranty disclaimers and limits on our liability.

By visiting, interacting with, or using our Services, you agree to these Terms and to our Privacy Policy. If you don't agree, please don't use or access the Services.

Section 1: Access and Account

By agreeing to these Terms, you confirm that you're at least the age of majority in your state or province of residence, and that you consent to any minor dependents using the Services on devices you own, purchase, or manage.

To use the Services, including browsing the store or buying anything, you may need to give us some information, such as your email address and your billing, payment, and shipping details. You promise that everything you give us is correct, current, and complete, and that you have the right to share it.

You're responsible for keeping your account credentials secure and for everything that happens in your account. You can't transfer, sell, assign, or license your account to anyone else.

Section 2: Our Products

We work hard to show our products accurately. Still, colors and appearance may look different on your screen depending on your device and its settings.

We can't promise that the look or quality of what you buy will match what you see in the store. Product descriptions can change at any time, without notice, at our discretion. We may discontinue any product at any time, and we may limit quantities for any person, region, or jurisdiction, case by case.

Section 3: Orders

When you place an order, you're making an offer to buy. Wharf can accept or decline your order for any reason. Your order isn't accepted until we confirm it, and we have to receive and process your payment first.

Please look over your order carefully before you submit it. Once an order is accepted, we may not be able to honor a cancellation request. If we don't accept, change, or cancel an order, we'll try to let you know using the email, billing address, or phone number you gave us when you ordered.

Returns and exchanges are handled only under our Refund Policy.

You promise that your purchases are for your own personal or household use, not for resale or export.

Section 4: Prices and Billing

Prices, discounts, and promotions can change without notice. You'll pay the price in effect when you place your order, as shown in your order confirmation email. Unless we say otherwise, posted prices don't include taxes, shipping, handling, customs, or import charges.

Prices in our online store may differ from prices in physical stores or in stores run by third parties. From time to time we may run promotions with their own terms. If a promotion's terms conflict with these Terms, the promotion's terms win.

You agree to give us current, complete, and accurate purchase, payment, and account information for every purchase, and to update it promptly (including your email address and card details) so we can complete your transactions and reach you when needed.

You promise that (i) the credit card information you provide is true, correct, and complete, (ii) you're authorized to use that card for the purchase, (iii) your card company will honor the charges, and (iv) you'll pay the charges at the posted prices, including shipping, handling, and any applicable taxes.

Section 5: Shipping and Delivery

We're not liable for shipping or delivery delays. Delivery times are estimates only and aren't guaranteed. We aren't responsible for delays caused by carriers, customs processing, or events outside our control. Once we hand your products to the carrier, title and risk of loss pass to you.

Section 6: Intellectual Property

Everything in our Services belongs to Wharf, its affiliates, or its licensors. That includes trademarks, brands, text, displays, images, graphics, product reviews, video, audio, and the design, selection, and arrangement of all of it. All of it is protected by U.S. and foreign patent, copyright, and other intellectual property laws.

These Terms let you use the Services for personal, non-commercial purposes only. Without our written consent, you can't reproduce, distribute, modify, create derivative works from, publicly display or perform, republish, download, store, or transmit any of the material on the Services. Nothing here grants you a license or any other rights under any patent, trademark, copyright, or other intellectual property of Wharf, Shopify, or anyone else. Unauthorized use may violate federal and state law. All rights we haven't expressly granted are reserved.

Wharf's names, logos, product and service names, designs, and slogans are trademarks of Wharf or its affiliates or licensors, and you can't use them without our written permission. Shopify's names, logos, and slogans are trademarks of Shopify. All other names, logos, and slogans on the Services belong to their respective owners.

Section 7: Optional Tools

We may give you access to tools offered by third parties as part of the Services. We don't monitor those tools, control them, or have any input into them.

You acknowledge and agree that we provide these tools "as is" and "as available," with no warranties, representations, or conditions of any kind and no endorsement. We have no liability for anything arising from your use of optional third-party tools. You use them at your own risk and discretion, so make sure you know and approve of the terms their providers set.

We may also add new features to the Services in the future, including new tools and resources. Those will be part of the Services and subject to these Terms.

Section 8: Third-Party Links

The Services may include materials and links to websites run by third parties, including embedded third-party features. We don't review or evaluate the content or accuracy of those materials or sites. If you leave the Services to visit them, you do so at your own risk.

We aren't liable for any harm or damages related to your access to third-party websites, or to your purchase or use of anything from them. Please read their policies and practices before you do business with them. Complaints, claims, concerns, or questions about third-party products and services should go to the third party.

Section 9: Our Relationship with Shopify

Wharf is powered by Shopify, which makes it possible for us to provide the Services. Every sale you make in our store is made directly with Wharf. By using the Services, you acknowledge and agree that Shopify isn't responsible for any aspect of those sales, including any injury, damage, or loss from the products and services you buy. You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Wharf.

Section 10: Privacy

All personal information we collect through the Services is covered by our Privacy Policy, and some of it may also be covered by Shopify's Privacy Policy. By using the Services, you acknowledge that you've read these policies.

Because Shopify hosts the Services, Shopify collects and processes personal information about how you access and use them, in order to provide and improve them. Information you submit will be sent to and shared with Shopify and with third parties, who may be located in countries other than where you live, so that we can provide services to you. Our Privacy Policy has more detail on how we, Shopify, and our partners use your personal information.

Section 11: Feedback

If you send us ideas, suggestions, feedback, reviews, proposals, plans, or other content (together, "Feedback"), you give us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display it in any medium, for any purpose, including commercial use. For example, we may use it to run, evaluate, improve, and promote the Services.

You also promise that (i) you own or have all necessary rights to your Feedback, (ii) you've disclosed any compensation or incentives you received for submitting it, and (iii) it follows these Terms. We have no obligation to keep your Feedback confidential, pay you for it, or respond to it.

We may, but don't have to, monitor, edit, or remove Feedback that we decide is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates anyone's intellectual property or these Terms.

Your Feedback must not violate anyone's rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. It must not be libelous, unlawful, abusive, or obscene, and it must not contain viruses or other malware that could affect the Services or any related website. You can't use a false email address, pretend to be someone else, or mislead us or others about where your Feedback came from. You're solely responsible for your Feedback and its accuracy. We take no responsibility and assume no liability for Feedback posted by you or anyone else.

Section 12: Errors, Inaccuracies, and Omissions

Now and then, information on our Services may contain typos, inaccuracies, or omissions about things like product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability. We reserve the right to correct any of these, to update information, and to cancel orders if information turns out to be inaccurate, at any time and without notice, even after you've placed an order.

Section 13: Prohibited Uses

You may use the Services for lawful purposes only. You may not access or use them, directly or indirectly:

  • (a) for any unlawful or malicious purpose
  • (b) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances
  • (c) to infringe our intellectual property rights or anyone else's
  • (d) to harass, abuse, insult, harm, defame, slander, disparage, or intimidate any of our employees or anyone else
  • (e) to transmit false or misleading information
  • (f) to send, knowingly receive, upload, download, use, or re-use any material that doesn't comply with these Terms
  • (g) to send, or arrange for the sending of, any advertising or promotional material, including "junk mail," "chain letters," "spam," or similar solicitations
  • (h) to impersonate or try to impersonate any person or entity
  • (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or that we determine may harm Wharf, Shopify, or users of the Services, or expose them to liability

You also agree not to:

  • (a) upload or transmit viruses or other malicious code that could affect how the Services work
  • (b) reproduce, duplicate, copy, sell, resell, or exploit any part of the Services
  • (c) collect or track other people's personal information
  • (d) spam, phish, pharm, pretext, spider, crawl, or scrape
  • (e) interfere with or get around the security features of the Services or any related website, other websites, or the Internet

If we determine that you've violated any part of these Terms, we may suspend, disable, or terminate your account at any time, without notice.

Section 14: Termination

We may end this agreement, or your access to the Services (or any part of them), at our sole discretion, at any time, without notice. You'll remain responsible for all amounts due up to and including the date of termination.

These sections continue to apply after termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment, Governing Law, Privacy, and any other provisions that by their nature should survive.

Section 15: Disclaimer of Warranties

Information on or through the Services is provided for general information only. We don't warrant that it's accurate, complete, or useful, and you rely on it at your own risk. We disclaim all liability and responsibility for any reliance placed on this material by you or anyone else who visits the Services or learns of its contents.

EXCEPT AS EXPRESSLY STATED BY WHARF, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THEM ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

Section 16: Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL WHARF, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

Section 17: Indemnification

You agree to indemnify, defend, and hold harmless Wharf, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys' fees, payable to any third party because of or arising out of (1) your breach of these Terms or the documents they incorporate by reference, (2) your violation of any law or of a third party's rights, or (3) your access to and use of the Services.

We'll tell you about any claim you may need to cover. If we don't tell you promptly, you're still responsible unless you're materially harmed by the delay. We may control the defense and settlement of the claim at your expense, including choosing counsel, but we won't settle a claim that requires non-monetary obligations from you without your consent (which you can't unreasonably withhold). You agree to cooperate in the defense, including by providing relevant documents.

Section 18: Severability

If any part of these Terms is found to be unlawful, void, or unenforceable, that part will still be enforced to the fullest extent the law allows, and the unenforceable portion will be treated as severed from the rest. That finding won't affect the validity or enforceability of any other provision.

Section 19: Waiver and Entire Agreement

If we don't exercise or enforce a right or provision of these Terms, that doesn't mean we've given it up.

These Terms, along with any policies or operating rules we post on this site or that relate to the Services, are the entire agreement between you and us. They govern your use of the Services and replace any earlier or simultaneous agreements, communications, and proposals, written or oral, including prior versions of these Terms. Any ambiguity in these Terms won't be interpreted against the party who drafted them.

Section 20: Assignment

You can't delegate, transfer, or assign this agreement or any of your rights or obligations under it without our written consent, and any attempt to do so is void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.

Section 21: Governing Law

These Terms, and any separate agreements under which we provide you Services, are governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where Wharf is headquartered. You and Wharf consent to venue and personal jurisdiction in those courts.

Section 22: Headings

Headings are there for convenience only. They don't limit or change the meaning of these Terms.

Section 23: Changes to These Terms

You can always find the most current version of these Terms on this page.

We may update, change, or replace any part of these Terms at our sole discretion by posting changes on our website, so please check back from time to time. We'll notify you of any material changes as the law requires, and those changes take effect on the date given in the notice. If you keep using the Services after changes are posted, you accept those changes.

Section 24: Contact

Questions about these Terms? Reach out at info@wharfoutdoors.

Wharf
info@wharfoutdoors.com