Terms of Service — Wildly Ordinary

Overview

Welcome to Wildly Ordinary! I'm so glad you're here. The terms "we," "us," and "our" refer to Wildly Ordinary. Wildly Ordinary 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"). Wildly Ordinary 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.

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 province or territory 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 in our store 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've made every effort to provide an accurate representation of our products in our online store. However, please note that colours or product appearance may differ from how they appear on your screen due to the type of device you use to access the store and your device settings and configuration.

We do not warrant that the appearance or quality of any products purchased by you will meet your expectations or be identical to how they're depicted or rendered in our online store.

All product descriptions 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 to any person, geographic region, or jurisdiction, on a case-by-case basis.

Section 3 - Orders

When you place an order, you are making an offer to purchase. Wildly Ordinary reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Wildly Ordinary confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Wildly Ordinary may be unable to accommodate cancellation requests after an order is accepted. If we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was made.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy.

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 for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs, or import charges.

Prices posted in our online store may differ from prices offered in physical stores or other online stores operated by third parties. We may offer promotions on the Services from time to time that affect pricing and are governed by separate terms and conditions. If there is a conflict between promotion terms and these Terms, the promotion terms will govern.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our store. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, 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 such 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 handling charges and all applicable taxes.

Section 5 - Shipping and Delivery

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.

For more detail on processing and delivery timelines, see our Shipping Policy 

Section 6 - Intellectual Property

Our Services, including but not limited to all trademarks, brand elements, text, displays, images, graphics, product photography, video, and audio, and the design, selection, and arrangement thereof, are owned by Wildly Ordinary, its affiliates, or licensors, and are protected by Canadian and international copyright, trademark, and other 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. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Wildly Ordinary, Shopify, or any third party. Unauthorized use of the Services may violate applicable intellectual property laws. All rights not expressly granted herein are reserved by Wildly Ordinary.

Wildly Ordinary's name, logo, product designs, and slogans are trademarks of Wildly Ordinary or its affiliates or licensors. You must not use such trademarks 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 trademarks of their respective owners.

Section 7 - Optional Tools

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor control.

You acknowledge and agree that we provide access to such tools "as is" and "as available," without any warranties, representations, or endorsement. We have no liability arising from or relating to your use of optional third-party tools.

Any use of the optional tools offered through the site is entirely at your own risk and discretion, and you should be familiar with and approve of the terms on which those tools are provided by the relevant third-party provider(s).

We may, in the future, offer new features through the Services. Such new features are also deemed part of the Services and subject to these Terms.

Section 8 - Third-Party Links

The Services may contain materials and hyperlinks to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you leave the Services to access these materials or sites, you do so at your own risk.

We are not liable for any harm or damages related to your access of third-party websites, or your purchase or use of any products, services, or content on third-party websites. Please review third-party policies carefully before engaging in any transaction with them. Complaints, claims, or questions regarding third-party products and services should be directed to the third party.

Section 9 - Relationship with Shopify

Wildly Ordinary 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 Wildly Ordinary. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Wildly Ordinary, including any injury, damage, or loss resulting from purchased products. You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Wildly Ordinary.

Section 10 - Privacy Policy

All personal information we collect through the Services is subject to our Privacy Policy, viewable here [LINK TO PRIVACY POLICY], and certain personal information may also be subject to Shopify's 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 for you. Information you submit will be transmitted to and shared with Shopify, as well as third parties who may be located in other countries than where you reside, in order to provide services to you. Review our Privacy Policy for more detail on how we, Shopify, and our partners handle your personal information.

Section 11 - Feedback

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium, for any purpose, including commercial use.

You represent and warrant that: (i) you own or have all necessary rights to the Feedback; (ii) you've disclosed any compensation or incentives received for submitting it; and (iii) your Feedback complies with these Terms. We are under no obligation to keep your Feedback confidential, compensate you for it, or respond to it.

We may, but have no obligation to, monitor, edit, or remove Feedback we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable, or that violates any party's intellectual property or these Terms.

You agree that your Feedback will not violate any third party's rights, including copyright, trademark, or privacy rights, and will not contain unlawful, abusive, or obscene content, or any virus or malware. You may not use a false email address, impersonate someone else, or otherwise mislead us as to the origin of your Feedback. You are solely responsible for your Feedback and its accuracy.

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, or availability. We reserve the right to correct any such errors and to change, update, or cancel orders if information is found to be inaccurate, at any time and without prior notice, including after you've submitted your order.

Section 13 - Prohibited Uses

You may access and use the Services for lawful purposes only. You may not use the Services to: (a) engage in any unlawful or malicious purpose; (b) violate any applicable federal, provincial, or local law; (c) infringe our intellectual property rights or those of others; (d) harass, abuse, or harm any employee or other person; (e) transmit false or misleading information; (f) send spam or unsolicited promotional material; (g) impersonate any person or entity; or (h) engage in conduct that restricts or inhibits others' use of the Services or that we determine may expose us or other users to harm or liability.

You also agree not to: upload viruses or malicious code; reproduce, duplicate, or resell any portion of the Services; collect or track others' personal information; spam, phish, or scrape the Services; or interfere with the security features of the Services. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine you've violated these Terms.

Section 14 - Termination

We may terminate this agreement or your access to the Services, in whole or in part, at our sole discretion and at any time, without notice. You will remain liable for all amounts due up to and including the date of termination.

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

Section 15 - Disclaimer of Warranties

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.

EXCEPT AS EXPRESSLY STATED BY WILDLY ORDINARY, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER 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 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 WARRANTIES, SO THE ABOVE MAY NOT APPLY TO YOU.

Section 16 - Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL WILDLY ORDINARY, ITS OWNER, PARTNERS, 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 SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCT PROCURED USING THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Section 17 - Indemnification

You agree to indemnify, defend, and hold harmless Wildly Ordinary, Shopify, and our respective affiliates, partners, employees, agents, contractors, and service providers from any losses, damages, liabilities, or claims, including reasonable legal fees, arising out of: (1) your breach of these Terms or the documents they incorporate by reference; (2) your violation of any law or the rights of a third party; or (3) your access to and use of the Services.

We will notify you of any indemnifiable claim, though a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced by the delay. We may control the defense and settlement of such a claim at your expense, but will not settle any claim requiring non-monetary obligations from you without your consent. You will cooperate in the defense of indemnified claims, including by providing relevant documents.

Section 18 - Severability

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision will nonetheless be enforced to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed severed from these Terms. This will not affect the validity and enforceability of any remaining provisions.

Section 19 - Waiver; Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms, together with any policies or operating rules posted on this site, constitute the entire agreement between you and us and govern your use of the Services, superseding any prior agreements, communications, or proposals, whether oral or written, between you and us, including any prior versions of these Terms.

Any ambiguities in interpreting these Terms will not be construed against the drafting party.

Section 20 - Assignment

You may not delegate, transfer, or assign this agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice to you.

Section 21 - Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. You and Wildly Ordinary consent to the exclusive jurisdiction of the courts located in Ontario, Canada.

Section 22 - Headings

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 23 - Changes to Terms of Service

You can review the most current version of these Terms at any time on this page.

We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms by posting updates to our website. It's your responsibility to check periodically for changes. We'll notify you of any material changes in accordance with applicable law, and such changes will take effect on the date specified in the notice. Your continued use of the Services after changes are posted constitutes acceptance of those changes.

Section 24 - Contact Information

Questions about these Terms of Service should be sent to support@wildlyordinary.ca.

Wildly Ordinary
Email: support@wildlyordinary.ca
Business Address: 9 Crawford Dr #213, Marmora ON K0K2M0
Business Registration Number: 749396073
GST/HST Number: 749396073RT001