Terms and Conditions

Terms and Conditions

Overview

Welcome to Wilderness and Waves. These Terms and Conditions, along with the Wilderness and Waves Privacy Policy (“Privacy Policy”), the Wilderness and Waves Returns Policy (“Returns Policy”), and any other applicable Wilderness and Waves operating rules, policies, price schedules, and supplemental terms and conditions or documents that may be published from time to time, collectively referred to as the “Agreement”, govern your access to and use of the Wilderness and Waves offerings. These include our website, content, newsletter, store locator, social media pages, career opportunities, and the purchase of our merchandise (collectively, the “Wilderness and Waves Offerings”).

Applicability & Purchasing Criteria

You are subject to these terms and may purchase Wilderness and Waves products if you are of legal age in your jurisdiction or have consent from your parent or guardian. These Terms of Sale (“Terms”) apply to your shopping, orders, purchases, and returns at Wilderness and Waves-owned retail locations and digital platforms, including the Wilderness and Waves website and any mobile application, collectively referred to as “Wilderness and Waves Stores”. These Terms create a legally binding agreement between you and Wilderness and Waves, with its headquarters in Hemet, California, USA.

Acceptance of the Agreement

By accessing the Wilderness and Waves website at www.wildernessandwaves.co (the “Site”), using any of the Site Content, registering for the newsletter, utilizing the store locator, engaging with our social media pages, exploring career or retail partner opportunities, or purchasing merchandise, you agree to the terms of the Agreement in their entirety.

Updates to Terms

Wilderness and Waves may revise these Terms at any time, and such revisions will take effect immediately upon being posted on the website. The Terms posted at the time of your purchase will govern that purchase. By shopping and/or purchasing at any Wilderness and Waves Store, you also acknowledge and agree to be bound by Wilderness and Waves’s Terms of Use and Privacy Policy, which are incorporated herein by reference.

Ownership and Operation

The Wilderness and Waves Offerings are owned and operated by Wilderness and Waves. Each user (“User,” “you,” or “your”) acknowledges the ownership and operational rights of Wilderness and Waves over the Offerings.

NOTICE: THE AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, RELEASES, A CLASS-ACTION WAIVER, AND THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS THAT MAY ARISE HEREUNDER. THE AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL BASIS OF THE AGREEMENT.

Scope of Agreement

You agree to the terms and conditions outlined in the Agreement with respect to your use of the Wilderness and Waves Offerings. The Agreement constitutes the entire and only agreement between you and Wilderness and Waves with respect to your use of the Wilderness and Waves Offerings and supersedes all prior or contemporaneous agreements, representations, warranties, and/or understandings with respect to the same. Unless explicitly stated otherwise, any future offer(s) or product(s) made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the Wilderness and Waves Offerings shall be subject to the Agreement. You understand and agree that Wilderness and Waves is not responsible or liable in any manner whatsoever for your inability to use the Wilderness and Waves Offerings.

Modification of Agreement

We may amend the Agreement from time to time in our sole discretion, without specific notice to you. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Wilderness and Waves Offerings. By your continued use of the Wilderness and Waves Offerings, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time.

Requirements; Account; Termination of Access to the Wilderness and Waves Offerings; Necessary Equipment

The Wilderness and Waves Offerings are available only to individuals who: (a) are over eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in their respective jurisdiction); and (b) can enter into legally binding contracts under applicable law (collectively, “Usage Requirements”). The Wilderness and Waves Offerings are not intended for individuals who do not satisfy the Usage Requirements, including individuals who are under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in their respective jurisdiction) and/or individuals who cannot enter into legally binding contracts under applicable law. If a User does not satisfy the Usage Requirements in their entirety, that User does not have permission to access or use the Wilderness and Waves Offerings.

As part of the account (“Account”) registration process, Users will be provided with, or must select, a user name and/or password for the Site. If the user name(s)/password(s) that a User requests is/are not available, that User will be asked to supply another user name/password. If Wilderness and Waves provides a User with a user name/password, that User can change that user name and/or password, or the one that the User selected during registration, at any time through her/his Account settings. We may, in our sole discretion, reject, change, suspend and/or terminate any user name. Each User agrees to notify Wilderness and Waves of any known or suspected unauthorized use(s) of her/his Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of her/his user name(s)/password(s). Each User shall be responsible for maintaining the confidentiality of her/his user name(s)/password(s) and Account. Each User agrees to accept responsibility for all activities that occur through use of her/his user name(s)/password(s) and Account, including any charges incurred therethrough. Any fraudulent, abusive, or otherwise illegal activity engaged in by any User, or any entity or person with access to that User’s user name(s)/password(s) and/or Account may be grounds for termination of that User’s Account, at Wilderness and Waves’s sole discretion, and that User may be reported to appropriate law enforcement agencies.

To the extent permitted by applicable law, Wilderness and Waves may terminate your Account and/or right to access the Wilderness and Waves Offerings at any time where you: (i) are in any way in breach of the Agreement; (ii) are engaged in any improper conduct in connection with the Wilderness and Waves Offerings; and/or (iii) are, at any time, conducting any unauthorized commercial activity by or through your Account and/or other use of the Wilderness and Waves Offerings.

You shall be responsible, at all times, for ensuring that you have an Internet connection, computer/mobile device, up-to-date Internet browser versions, a functioning e-mail account, applicable software, applicable hardware and/or other equipment necessary to access the Wilderness and Waves Offerings. Wilderness and Waves does not guarantee the quality, speed, or availability of the Internet connection associated with your mobile device and/or computer. Wilderness and Waves does not guarantee that the Wilderness and Waves Offerings can be accessed: (A) on all mobile devices; (B) through all wireless service plans; (C) in connection with all Internet browsers; or (D) in all geographical areas. Standard messaging, data, and wireless access fees may apply to your use of the Wilderness and Waves Offerings through your wireless device. You are fully responsible for all such charges and Wilderness and Waves has no liability or responsibility to you, whatsoever, for any such charges billed by your wireless carrier.

Site Forms

In order to utilize certain Wilderness and Waves Offerings, you may be required to submit a registration form (collectively, “Form”). The information that you must supply on the Form may include, without limitation: (a) your name; (b) your mailing/billing address (where purchasing Merchandise); (c) your e-mail address; (d) your telephone number; (e) your credit card information (where purchasing Merchandise); and/or (f) any other information requested by us on the Form (collectively, “Registration Data”). You agree to provide true, accurate, current, and complete Registration Data, as necessary, in order to maintain it in up-to-date and accurate fashion. Wilderness and Waves’s use of Registration Data shall be governed by the Privacy Policy.

Merchandise

You can purchase Merchandise by and through the Site by completing the applicable Form and providing the requisite Registration Data. Wilderness and Waves does not warrant that the Merchandise descriptions are accurate, complete, reliable, current, or error-free. We have made every effort to display as accurately as possible the colors of the Merchandise that appear on the Site. However, as the actual colors you see will depend on your monitor/screen and other factors associated with your computer, mobile device, or other device used to access the Site, as applicable, we cannot guarantee that the depiction of any color as viewed by you through your monitor/screen will be accurate.

We reserve the right, but are not obligated, to limit the sales of our Merchandise to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Merchandise that we offer. All descriptions of Merchandise, as well as Merchandise pricing, are subject to change at any time, without notice, in our sole discretion. We reserve the right to discontinue any Merchandise at any time. Any offer for any Merchandise made on the Site is void where prohibited.

The Site contains Merchandise inventory information. This information can be used to estimate the likelihood that the applicable Merchandise will be shipped immediately after you place your order. Unfortunately, we cannot guarantee that Merchandise listed as “in stock” will actually ship right away, as inventory can change significantly from day to day, and hour to hour. In rare cases, Merchandise may be in stock when you place your order and sold out by the time that your order is processed. Should this happen, we will notify you via email. If, for any reason, we determine that backordered Merchandise is no longer available, we will cancel your order, notify you immediately via email, and provide you with a refund.

In the event that Merchandise is listed at an incorrect price point due to a typographical error or an error in pricing information received from our suppliers, Wilderness and Waves shall have the right to refuse or cancel any orders placed for the Merchandise so listed at the incorrect price. Wilderness and Waves shall have the right to refuse or cancel any order whether or not the order has been confirmed and whether or not the applicable User paid for such Merchandise. If a User has already paid for Merchandise and that order is canceled, Wilderness and Waves shall immediately issue a credit to that User’s Payment Method (as defined below) in the amount of the subject charge.

Merchandise Purchases; Refunds; Returns; Billing

(a) Merchandise Purchases. You can purchase Merchandise by completing the applicable Form and providing the requisite Registration Data. Where you purchase Merchandise, your credit card, debit card, Apple Pay® account, PayPal® account, Google Wallet® account, and/or any other payment option provided by you (as permitted by Wilderness and Waves in its sole discretion) (collectively, “Payment Method”) on the Form or updated at a later date will be charged the applicable amount. Please allow one (1) to four (4) weeks for delivery of all Merchandise. Prices do not include applicable taxes. OTHER THAN AS EXPRESSLY SET FORTH HEREIN TO THE CONTRARY, ALL SALES OF MERCHANDISE ARE FINAL AND NON-REFUNDABLE.

(b) No Purchase for Resale. Wilderness and Waves offers its distinctive range of outdoor products for sale both online and in our retail stores, catering to the personal needs of our customers. Consequently, Wilderness and Waves strictly prohibits the purchase of its products for the purpose of resale. Should Wilderness and Waves determine any purchase to be made with the intention of resale, we reserve the right to take necessary actions. These actions may include canceling orders, imposing purchase limits, suspending or closing accounts, and any other measures deemed appropriate to prevent resale activities.

(c) Title Transfer and Risk of Loss. Wilderness and Waves commits to the prompt and secure delivery of your purchase. Upon completing your transaction, we will deliver the products you have purchased to a common carrier at our warehouse. For comprehensive details on shipping times, costs, and practices, please refer to our Shipping Policy.

From the moment the products are delivered to the carrier at our warehouse, you, the purchaser, assume title and bear all risks of loss or damage. This policy ensures that the responsibility for the goods transfers to you once Wilderness and Waves has fulfilled its obligation to hand over the products to the designated shipping carrier.

(d) Refunds. When a refund is issued, it will be processed to the original form of payment. Please note:

• We cannot issue a refund to a different credit or debit card.
• We cannot issue checks, Venmo payments, or PayPal payments in lieu of the original payment.
• If your credit card was canceled for any reason and a refund to the original form of payment is not possible, then Wilderness and Waves will issue a voucher in the amount that would have been refunded.
• If your credit card or debit card number has changed, but is for the same account, the refund will be processed to that account.
• If there are any errors processing your refund because you have a new card number, we will issue you a voucher in lieu of the refund.

(e) Returns. All returns and exchanges will be governed by our Returns Policy, which we may amend and/or modify at any time. In order to be eligible for a refund, all Merchandise returns must be processed within thirty (30) days of your receipt of the subject shipment. If Merchandise is damaged during delivery via a freight carrier, please note the damage on the carrier’s delivery receipt and request an inspection report on the damaged shipment from the carrier to be forwarded to you within ten (10) business days. Please forward the inspection report and original packing list to Wilderness and Waves and we will file a claim on your behalf and immediately replace the damaged item(s).

(f) General Billing Provisions. Credit or debit balances in a User's Account may be offset by any other outstanding balance owed by or to that User. The fees associated with your purchases will appear on your Payment Method statement through the identifier “WILDERNESS AND WAVES.” Failure to use the Merchandise does not constitute a basis for refusing to pay any of the associated charges. Subject to the conditions set forth herein, you agree to be bound by the Billing Provisions of Wilderness and Waves in effect at any given time. Upon reasonable prior written notice to you (with e-mail sufficing), Wilderness and Waves reserves the right to change its Billing Provisions whenever necessary, in its sole discretion. Continued use of the Site and/or purchase of Merchandise after receipt of such notice shall constitute consent to any and all such changes.

Indemnification

You agree to indemnify and hold Wilderness and Waves, its parents and subsidiaries, and each of their respective members, officers, directors, employees, agents, co-branders, content licensors, and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands, and/or judgments whatsoever, made by any third party due to or arising out of: (a) your improper and/or unauthorized use of the Wilderness and Waves Offerings; (b) your breach of the Agreement; and/or (c) your violation of any rights of another individual and/or entity. The provisions of this section are for the benefit of Wilderness and Waves, its parents, subsidiaries, and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers, and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

Disclaimer of Warranties

THE WILDERNESS AND WAVES OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WILDERNESS AND WAVES MAKES NO WARRANTY THAT THE WILDERNESS AND WAVES OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF HARMFUL COMPONENTS; (D) WILL PROVIDE ANY SPECIFIC BENEFIT FOR YOUR USE; AND/OR (E) WILL BE ACCURATE OR RELIABLE. THE WILDERNESS AND WAVES OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS. WILDERNESS AND WAVES WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE WILDERNESS AND WAVES OFFERINGS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WILDERNESS AND WAVES OR OTHERWISE THROUGH OR FROM THE WILDERNESS AND WAVES OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WILDERNESS AND WAVES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WILDERNESS AND WAVES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE WILDERNESS AND WAVES OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT, AND/OR ANY OTHER PRODUCTS PURCHASED OR OBTAINED FROM OR THROUGH THE WILDERNESS AND WAVES OFFERINGS; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; AND/OR (D) ANY OTHER MATTER RELATING TO THE WILDERNESS AND WAVES OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE WILDERNESS AND WAVES FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF WILDERNESS AND WAVES TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE WILDERNESS AND WAVES OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME, MAY BE BROUGHT BY YOU OR WILDERNESS AND WAVES MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND WILDERNESS AND WAVES. ACCESS TO THE WILDERNESS AND WAVES OFFERINGS WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.

Third-Party Websites

The Wilderness and Waves Offerings contain links to other websites on the Internet that are owned and operated by third parties. Wilderness and Waves does not control the information, products, or services available on or through these third-party websites. The inclusion of any link does not imply endorsement by Wilderness and Waves of the applicable website or any association with the website’s operators. Because Wilderness and Waves has no control over such websites and resources, you agree that Wilderness and Waves is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from or through any such websites, or for the protection of your data privacy by third parties.

Editing, Deleting, and Modification

We reserve the right in our sole discretion to edit and/or delete any documents, information, or other content appearing on the Site.

End-User Information

All materials that you submit through or in association with the Site including, without limitation, the Registration Data, shall be subject to the Privacy Policy.

Dispute Resolution Provisions

The Agreement shall be treated as though it were executed and performed in Hemet, California, and shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles). The parties hereby agree to arbitrate all claims that may arise under the Agreement. Without limiting the foregoing, should a dispute arise between the parties including, without limitation, any matter concerning the Wilderness and Waves Offerings, the terms and conditions of the Agreement, or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in San Diego, California, in accordance with the then-current Commercial Arbitration rules of the American Arbitration Association (“AAA”); and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice. We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must submit your dispute for resolution by arbitration before the AAA, in your county of residence, by filing a separate Demand for Arbitration. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone, or based only on submissions. If the arbitrator awards you relief that is greater than our Final Settlement Offer, then we will pay all filing, administration, and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable attorneys’ fees that your attorney accrued for investigating, preparing, and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Although we may have a right to an award of attorneys’ fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous.

To the extent permitted by law, you agree that you will not bring, join, or participate in any class action lawsuit as to any claim, dispute, or controversy that you may have against Wilderness and Waves and/or its employees, officers, directors, members, representatives, and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that Wilderness and Waves incurs in seeking such relief. This provision preventing you from bringing, joining, or participating in class action lawsuits: (A) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (B) is an independent agreement.

Miscellaneous

To the extent that anything in or associated with the Wilderness and Waves Offerings is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. Wilderness and Waves may assign its rights and obligations under the Agreement, in whole or in part, to any party at any time without any notice to you. The Agreement may not, however, be assigned by you, and you may not delegate your duties under it. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section.

Contact Information

If you have any questions about the Agreement, Wilderness and Waves Offerings, or the practices of Wilderness and Waves, please feel free to email us at support@wildernessandwaves.co.