Terms & Conditions
Welcome to the wisewhats website (hereinafter, the "Site"). Your use of the Site is subject to the following Terms ("Terms"), as updated from time to time. The most recent version of these Terms is set forth above. These Terms constitute a binding agreement between you and wisewhats , which reserves the right to modify the Site and these Terms at its discretion.
Important notice for Spanish residents
Please carefully review the mutual arbitration agreement described below, as it requires you to resolve disputes with WiseWhats individually through arbitration, waiving your right to participate in class-action lawsuits. By accepting this agreement, you acknowledge that you have read and understood all aspects of this mutual arbitration agreement and have considered its implications. In addition, these Terms contain provisions regarding disclaimers, limitations of liability, and indemnification, which may restrict your legal rights and remedies.
By using the Site, you agree to abide by these Terms. Please read them carefully.
Please note that we offer a range of products ("Products") and services ("Services"), and that additional terms may apply to specific cases, which will be communicated to you.
CHANGES
We reserve the right to modify or amend these Terms at our sole discretion. If we make any changes, we will notify you, which may include posting a notice on our Site and/or updating the "Last Updated" date above. Your continued use of the Site after these changes confirms your acceptance of them. If you do not agree to the modified Terms, please discontinue using our Site.
The updated Terms and/or Privacy Policy supersede any prior versions, notices, or statements regarding the Site. If required, you agree to sign a non-electronic version of these Terms upon request.
PRIVACY
Please review our Privacy Policy, which also governs your use of the Site, to understand how we collect, use, disclose, and protect personal information and any associated rights you may have.
ELECTRONIC COMMUNICATIONS
By visiting the Site or sending us emails, you consent to communicate with us electronically. This includes receiving communications from us by email or notices posted on the Site. You acknowledge that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirements for written communication.
GEOGRAPHICAL RESTRICTIONS
The Site is operated by wisewhats , based in Spain. Access to the Site may be illegal in certain regions or for certain individuals, and our Products are only available for purchase and delivery in certain countries. By accessing the Site, you do so voluntarily and are responsible for compliance with local laws.
INTELLECTUAL PROPERTY
WiseWhats owns intellectual property rights protected by worldwide patent, copyright, trademark, trade dress, and other laws, whether statutory or common law.
wisewhats is the exclusive owner or the rightful licensee of all rights and interests in and to the Site and its contents, including designs, Product designs, photography, text, typography, and software, whether currently registered or not. wisewhats and related icons and logos, along with Product names and related descriptions, images, text, and graphics, are registered trademarks and/or service marks of wisewhats, protected by copyright, trademark, and other proprietary rights laws. Any unauthorized copying, modification, use, or publication of these marks, or any future marks, is strictly prohibited.
You agree not to infringe wisewhats' title, ownership, and intellectual property rights. You also agree to indemnify wisewhats for any infringement of its intellectual property rights due to your use of the Site and its content (or other materials described above). All rights not explicitly claimed by wisewhats under these Terms are reserved .
PROPER USE
You agree to use the Site solely for personal, non-commercial use, including any copying, reproduction, downloading or compilation of any information, text, images, graphics, video clips, sounds, directories, files, databases or listings obtained from the Site.
PROHIBITED USES
You may only use the Site for lawful purposes in accordance with these Terms. You agree not to:
1. Violate any applicable federal, state, local, or international law or regulation.
2. Exploit, harm, or attempt to exploit or harm minors, including exposing them to inappropriate content or seeking personal information.
3. Transmit or solicit the transmission of unauthorized advertising or promotional materials, including "junk mail," "chain letters," or "spam."
4. Impersonate wisewhats , its employees, other users, or any other person or entity, including using their email addresses, phone numbers, or screen names, or providing false information.
5. Engage in any activity that restricts or inhibits anyone's use or enjoyment of the Site, or that may harm wisewhats , visitors or users of the Site, or expose them to liability.
In addition, you agree not to:
1. Disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site.
2. Use any automated device, process or means to access the Site or monitor or copy its material.
3. Use any manual process to monitor or copy the material on the Site or for any unauthorized purpose without our prior written consent.
4. Use any device, software or routine that interferes with the proper functioning of the Site.
5. Introduce viruses, Trojan horses, worms, logic bombs or other harmful materials.
6. Attempt to gain unauthorized access to, disrupt, or damage the Site or any associated server, computer, database, or information system.
7. Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
8. Attempt to gain unauthorized access to any personal information on the Site or any related servers, computers, databases or information systems.
9. Attempt to interfere in any other way with the proper functioning of the Site.
YOUR ACCOUNT
You are responsible for maintaining the confidentiality of your account information and password on the Site. You must also restrict access to your computer and accept responsibility for all activities that occur under your account or password.
USER-GENERATED CONTENT
Visitors may post reviews, comments, photos, and other content, send e-cards and other communications, and submit suggestions, ideas, comments, questions, or other information (collectively, "User-Generated Content"). You are solely responsible for your User-Generated Content and its consequences. wisewhats does not endorse any User-Generated Content or the opinions or recommendations expressed therein.
By submitting User Generated Content, you represent and warrant to wisewhats that:
1. Your User Generated Content is accurate, does not violate these Terms, and will not harm any person or entity.
2. Your User Generated Content does not infringe any copyright, trademark, trade secret, patent or other intellectual property rights, or any rights of privacy or publicity, or any applicable law or regulation.
3. You have the legal right to use your User Generated Content and grant wisewhats the necessary rights to use it, including any personal rights of identifiable individuals appearing in your content.
4. Your User Generated Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing, or otherwise objectionable, and does not contain viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam."
Any User-Generated Content or other material, information, or idea you submit to the Site is non-confidential. You may not use a false email address, impersonate others, or otherwise mislead others as to the origin of any content.
You retain ownership rights to your User-Generated Content, but you grant wisewhats a perpetual, worldwide, non-exclusive, irrevocable, royalty-free, fully sublicensable, and transferable right and license to use, reproduce, distribute, edit, modify, translate, reformat, create derivative works, publicly display, publicly perform, and otherwise exploit your User-Generated Content. This includes future rights not yet existing and new forms of exploitation worldwide.
WiseWhats may monitor, edit, or delete User-Generated Content, but is not responsible for it. By posting User-Generated Content, you agree to indemnify WiseWhats for any losses arising from claims related to your User-Generated Content. WiseWhats disclaims all liability for User-Generated Content posted by third parties, including defamatory, offensive, or illegal material, and any damages resulting from such content are the responsibility of the user.
USE OF SOCIAL MEDIA TAGS
By using social media hashtags related to wisewhats , such as @wisewhats , @wisewhats morden , #our wisewhats , or similar hashtags, you grant wisewhats an unlimited, irrevocable, royalty-free, perpetual, fully paid-up, transferable, worldwide license to reproduce and use the uploaded content, including images, in wisewhats marketing materials and social media channels.
ORDERS
WiseWhats reserves the right, without prior notice, to limit order quantities or refuse service to customers. We may verify information before accepting orders, including personal information, in accordance with our Privacy Policy. Product prices and availability are subject to change without notice. We may revoke any offer or correct errors or inaccuracies on the Site, even after you have submitted an order. We may also refuse or cancel orders, or restrict or terminate accounts, at our discretion. Products subject to quantity discounts may be repriced in the event of cancellation .
RISK OF LOSS
All items purchased from wisewhats are shipped under a shipment contract, which means that the risk of loss and title for the items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND OWNERSHIP
Returns are subject to our Return Policy. WiseWhats does not assume ownership of returned items until they arrive at our fulfillment center. We may issue refunds without requiring a return, at our discretion. For more information on returns and refunds, please see our Return Policy.
TRUST IN PUBLISHED INFORMATION
The information presented on the Site is provided for general informational purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is at your own risk. We disclaim all liability arising from any reliance placed on these materials by you or other visitors to the Site, or by anyone informed of its contents.
The Site may include content provided by third parties, including materials from other users, third-party licensors, syndicators, aggregators, or information services. The statements and opinions expressed in these materials, and all responses by wisewhats , are solely the opinions and responsibility of the providers and do not necessarily reflect the opinions of wisewhats . We are not responsible for the accuracy or quality of third-party content.
PRODUCT DESCRIPTIONS
Wisewhats strives to be accurate, but errors may occur. We do not warrant that product descriptions or other content of the Site will always be accurate, complete, reliable, current, or error-free. If a Wisewhats Product is not as described, your sole remedy is to return it in unused condition in accordance with our Return Policy .
PRICES
Unless expressly stated otherwise, the retail price displayed for each Product on the Site represents the full list price, excluding shipping and delivery charges, taxes, and other fees. To purchase a Product, you must pay the listed retail price, plus shipping and delivery charges, taxes, and any other applicable fees.
While we make every effort to ensure pricing accuracy, occasional errors may occur. If a Product's correct price is higher than our stated price, we may contact you for instructions or cancel your order. We may also offer promotions or special pricing for limited periods. In some cases, we may include an "estimated retail value" for comparison purposes, but this estimate is not binding. In addition, we may provide an "estimated monthly payment" for financing purposes. Please note that financing is subject to the terms and conditions of third-party purchase financing providers.
DELIVERIES
The delivery times provided by wisewhats are estimates and depend on various factors beyond our control. These factors include production delays, shipping delays, government delays, and natural events. wisewhats is not responsible for delivery delays beyond the estimated date.
COMPENSATION
You agree to indemnify and hold harmless wisewhats , our affiliates, directors, officers and employees from any loss, claim or liability (including legal fees) arising from:
1. Your use of the Site, Products and/or Services, including the display of your information or User Generated Content on the Site.
2. Your breach of these Terms.
3. Any violation, misappropriation or infringement by you of any third party intellectual property rights.
You also agree to indemnify WiseWhats for any loss, damage, claim, or liability (including legal fees) arising from claims brought by third parties in connection with your information or any of their goods and/or services. WiseWhats may assume the exclusive defense and control of any matter subject to indemnification by you, with your cooperation.
LINKS
This site may contain links to third-party websites operated by third parties. You acknowledge that wisewhats is not responsible for the operation or content of such sites.
REMEDIES
Wisewhat's remedy for any breach or threatened breach of this Agreement is not limited to liquidated damages, but may include specific performance, injunctive or other remedies , along with reasonable litigation expenses, such as attorneys' fees. No right or remedy of Wisewhat under these terms and conditions shall be exclusive, including damages, injunctive relief, attorneys' fees, and expenses. Wisewhat's 'waiver of any right or remedy shall not imply any obligation to grant future or similar waivers.
HOW TO CONTACT US
If you have any questions about these Terms, please contact us at:
By email: [email protected]
