Terms & Conditions/Refund Policy
Wander with the Allens, together with its subsidiaries and affiliates ( “Wander with the Allens,” “we,” “us,” “our”), owns and operates the Wander with the Allens Services. The Wander with the Allens Services (the “Services”) shall include, without limitation, use of the Wander with the Allens website, the Wander with the Allens service (“Wander with the Allens”), purchase of a Wander with the Allens, including the goods and/or services included therein and any additional goods or services Wander with the Allens performs for you via the Wander with the Allens Services.
GENERAL Eligibility. To use the “Site” http://www.wanderwiththeallens.com you must be and represent and warrant that you are, of legal age (18 years of age or older, or, if you have parental consent, 13 years of age) and competence. By using the Site on behalf of any third party, you are representing to us that you are an authorized representative of that third party and that your use of the Site constitutes that third party’s acceptance of these Terms. In addition, if you have been previously prohibited from accessing the Site or the website of any of our affiliates, you are not permitted to access the Site. License to Use the Site. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable right to access the Site and use the Services for your personal, non-commercial use, and as we otherwise intend. Wander with the Allens reserves the right to monitor the Service for the purpose of determining that your usage complies with these Terms. Prohibited Conduct. You may not use the Site or Services other than as expressly permitted by section “License to Use the Site” above. Without limitation, you will not, directly or indirectly: (a) copy, reproduce, modify, distribute, display, create derivative works of or transmit any content on the Site; (b) use the Service or Site commercially; (c) reverse engineer, decompile, tamper with or disassemble the technology used to provide the Service or Site (except as and only to the extent any foregoing restriction is prohibited by a non-waivable provision of applicable law); (d) interfere with or damage the Service, Site, or underlying any technology; (e) impersonate or misrepresent your identity or affiliation; (f) attempt to obtain unauthorized access to the Service or Site; (g) collect information about users of the Service, the Site, or the Service; (h) violate, misappropriate or infringe a third party’s intellectual property or other right, or any social media platform terms; (i) violate any law, rule, or regulation, or (j) interfere with any third party’s ability to use or enjoy, or our ability to provide, the Service or Site.
YOUR ACCEPTANCE OF TERMS AND PRIVACY POLICY By accessing or using any part of the Services, including without limitation, purchasing an item through Wander with the Allens, you agree to be bound by these Wander with the Allens Terms of Service and Terms of Sale (the “Wander with the Allens Terms”), the Wander with the Allens Terms of Service located at http://www.wanderwiththeallens.com/terms_and_conditions/refund_policy (the “Wander with the Allens Terms”), and Wander with the Allens’s privacy policy located at http://www.wanderwiththeallens.com/privacy_policy (“Privacy Policy”) which are incorporated herein by reference (together, the “Agreement”). Your use of the Service is expressly conditioned upon your assent to all of the terms and conditions of this Agreement to the exclusion of all other terms. If you do not agree to any of these terms and conditions, then please do not use our Services or purchase any item.
TERMS AND SERVICES MAY BE MODIFIED AT ANY TIME Wander with the Allens reserves the right, in its sole discretion, to modify these Wander with the Allens Terms at any time by posting a notice on the Wander with the Allens website at www.wanderwiththeallens.com, or by sending you a notice via email or postal mail. You shall be responsible for reviewing and becoming familiar with any such modifications. Continued use of the Services by you following such notice constitutes your acceptance of these Wander with the Allens as modified. ADVERTISEMENT Wander with the Allens may change, suspend or discontinue the Services at any time. Wander with the Allens may also impose limits on certain features and Services or restrict your access to parts or all of the Services.
REGISTRATION FOR CERTAIN SERVICES You will be required to register with your email address (“Wander with the Allens User ID”) and select a password to use certain Services. You may not use a name or email of another person with the intent to impersonate that person. You shall provide Wander with the Allens with accurate, complete, and updated registration information. You shall be responsible for maintaining the confidentiality of your password. Any failure to comply with this provision may result in immediate termination of your account. Wander with the Allens reserves the right to refuse registration of, or cancel a user account in its discretion. If you begin to register for Services or purchase an item by providing your information on the Wander with the Allens website but do not complete your registration or purchase, we may retain your name and email address and send you an email to remind you complete your registration or purchase, or to provide you with additional offers or details related to the Services. You can opt-out of receiving these emails by clicking the “unsubscribe” link in the email or by contacting us at www.mikeandmelissa@wanderwiththeallens.com">www.mikeandmelissa@wanderwiththeallens.com.
USE OF PROMOTIONAL CODES Wander with the Allens may, from time to time in its sole discretion, offer certain promotional codes for discounts. Promotional codes are non-transferable and are not redeemable for cash, credit, or toward previous purchases. There is no cash alternative. Furthermore, promotional codes cannot be used in conjunction with any other offer or promotional discount, and must be redeemed by the date published, if provided. Any promotional code may only be used in accordance with the terms provided with that promotional code or on the Wander with the Allens website. Lost promotional codes cannot be replaced. Promotional codes will not be applied to subsequent automatically renewed transactions. Promotional codes are void where prohibited. Any promotional program may be terminated or modified by Wander with the Allens at any time in its sole discretion. Promotional codes may not be used in connection with Wander with the Allens.
GENERAL TERMS NO RETURNS OR SUBSTITUTIONS The creative team at Wander with the Allens curate all products offered through the Services, including the contents of each item and the products selected for Wander with the Allens. We do not allow returns or substitutions of any product purchased through Wander with the Allens except as provided under our Damaged or Incomplete Items section below. Should Wander with the Allens LLC decide to honor a return or exchange as determined in its sole discretion, we will either send you a replacement item or issue a refund for the damage item. All refunds are issued in the original form of payment for all purchases. A third party carrier ships all products; as a result, title and risk of loss for any purchase will pass to you upon our delivery to the carrier.
YOU MUST PROVIDE ACCURATE INFORMATION Wander with the Allens will charge all fees for the Services to the credit card that you provide to us. For all orders, any updates to your account (i.e. shipping and billing information) must be made prior to the first (1st) day of each calendar month for the updated details to apply to the subsequent month. If the credit card information you have provided is incorrect or incomplete, or Wander with the Allens is unable to complete a transaction due to your error or omission, we will attempt to contact you and inform you of the problem. Failure to provide accurate and complete shipping and billing information may result in the delay or cancellation of your order or a particular delivery. If you believe you have purchased a Wander with the Allens product in error, please contact us immediately at mikeandmelissa@wanderwiththeallens.com.
SHIPPING AND BILLING INFORMATION All purchases made through the Services will be shipped and billed to your default shipping address and default payment method identified under “Account Settings” under your account. Buyer is responsible for any and all customs or other fees that may occur due to international shipping.
PRICING AND SALES TAX Prices displayed on the Services are quoted in U.S. currency and are valid only in the United States. Sales tax will be determined by the shipping address of the order and will automatically be added to your order in accordance with the current tax rate at time of charge. We do not collect sales tax in all states, only those where we are required to do so, or become required to do so by law in the future.
DAMAGED OR INCOMPLETE CONTENTS If you receive damaged or incomplete products, please contact us at mikeandmelissa@wanderwiththeallens.com within two (2) weeks following shipment of the item. You will need to include photographic evidence documenting the damaged product in order to receive a replacement product. Please contact us immediately as we have limited amounts of extra stock. Please note clearance items that arrive damaged are unable to be replaced.
DISCLAIMER OF WARRANTIES Product specifications and other information have either been provided by the vendors or collected from publicly available sources. While Wander with the Allens makes reasonable efforts to ensure that the information provided to you is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on the Wander with the Allens website, an email, and/or items ordered. Wander with the Allens makes no warranties or representations whatsoever with regard to any product provided or offered by any vendor, and you acknowledge that any reliance on representations and warranties provided by any vendor shall be at your own risk. Moreover, Wander with the Allens disclaims any responsibility in connection with your use of the products provided through the Services, and any and all such use shall be at your own risk. The foregoing limitations may not apply to you if you are a resident of New Jersey or another state which does not allow such limitations.
RELEASE OF CLAIMS You hereby release Wander with the Allens, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of (i) your use of the Services, or (ii) any disputes with any third party and our Services. IF YOU ARE A CALIFORNIA RESIDENT, YOU SHALL AND HEREBY DO WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
LIMITATION OF LIABILITY TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL WANDER WITH THE ALLENS OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF THE FEES PAID BY YOU THEREFORE OR $100; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND WANDER WITH THE ALLENS’S REASONABLE CONTROL. BECAUSE SOME JURISDICTIONS, INCLUDING WITHOUT LIMITATION NEW JERSEY, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY SET FORTH ABOVE, THE ABOVE LIMITATIONS MAY NOT APPLY IF YOU ARE A RESIDENT OF NEW JERSEY OR ANY OTHER JURISDICTION THAT DOES NOT ALLOW SUCH LIMITATIONS. IN SOME CIRCUMSTANCES, WANDER WITH THE ALLENS MAY BE LIABLE FOR ITS OWN NEGLIGENCE, RECKLESSNESS OR INTENTIONAL MISCONDUCT.
WAIVER AND SEVERABILITY The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Wander with the Allens shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Wander with the Allens ‘s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
GOVERNING LAW AND CHOICE OF FORUM This Agreement shall be governed by and construed in accordance with the laws of the state of Utah without regard to the conflict of laws provisions thereof. Subject to the arbitration provision and for all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in Michigan.
NO AGENCY; NO ASSIGNMENT This Agreement is not assignable, transferable or sublicensable by you except with Wander with the Allens ‘s prior written consent. Wander with the Allens may transfer, assign or delegate this Agreement and its rights and obligations without consent. Headings for each section have been included for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Wander with the Allens in any respect whatsoever.
SURVIVAL OF TERMS All provisions of the Agreement, which by their nature are intended to survive performance hereof by you or Wander with the Allens, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability, shall survive the completion of the performance, cancellation or termination of this Agreement.
CONTACT US WITH QUESTIONS Should you have any questions regarding these Wander with the Allens Terms you may contact us atmikeandmelissa@wanderwiththeallens.com