Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to Wayloa. The terms “we”, “us” and “our” refer to Wayloa, operated by WAYLOA LLC.

Wayloa 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”).

Wayloa is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with any policies referenced herein, 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, available through our website.

If you do not agree to these Terms of Service or our 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 state, territory, province or country of residence, or that you have given us your consent to allow any of your minor dependants 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 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 information you provide is correct, current and complete and that you have all rights necessary to provide this information.

You are responsible for maintaining the security of your account credentials and for all activity occurring through your account.

You may not transfer, sell, assign or license your account to another person.

SECTION 2 – OUR PRODUCTS

We make every reasonable effort to accurately display and describe our products.

However, colours and product appearance may vary depending on your device, screen settings and other factors outside our control.

Product descriptions, specifications, availability and pricing may be updated or changed without notice. Such changes will not affect orders already accepted, except where permitted by applicable law.

We reserve the right to discontinue products or limit quantities offered to any person, geographic region or jurisdiction where permitted by law.

Nothing in these Terms limits any rights or remedies available to consumers under applicable consumer protection laws, including the Australian Consumer Law where applicable.

SECTION 3 – ORDERS

When you place an order, you are making an offer to purchase.

Wayloa reserves the right to accept or decline an order where permitted by law. Your order is not accepted until Wayloa confirms acceptance and the applicable payment has been successfully processed.

Please review your order carefully before submitting it.

If you need to change or cancel an order, contact us as soon as possible. We will do our best to assist, but changes or cancellations for change-of-mind requests cannot be guaranteed once an order has entered processing.

Nothing in this section limits cancellation, refund or other rights available under applicable consumer protection laws.

If we cannot accept your order, or if an order needs to be changed or cancelled, we will attempt to contact you using the email address, billing information and/or telephone number provided with your order.

Purchases are subject to our Returns & Refunds Policy, available through our website.

Products purchased from Wayloa are intended for personal or household use unless otherwise agreed.

SECTION 4 – PRICES AND BILLING

Prices, discounts and promotions may change without notice. Changes will not affect orders already accepted, except where permitted by applicable law.

Product prices may be displayed in different currencies depending on your location, selected market or the currency conversion features available on our website.

The currency used to process your payment may differ from the currency displayed while browsing. The final transaction currency and total amount payable will be presented at checkout before you confirm your purchase.

Currency conversion rates may fluctuate, and your bank or payment provider may apply additional foreign exchange or international transaction fees.

Unless expressly stated otherwise, product prices do not include shipping, handling, customs, import charges or taxes that may apply.

Applicable shipping charges and any taxes or fees collected by Wayloa will be displayed or calculated at checkout before you complete your purchase.

You agree to provide current, complete and accurate purchase, payment and account information.

You also agree to promptly update relevant information where necessary so that we can complete transactions and contact you regarding your order.

You represent that any payment information supplied is accurate and that you are authorised to use the selected payment method.

Nothing in this section limits any rights you may have under applicable consumer protection laws regarding pricing transparency or misleading representations.

SECTION 5 – SHIPPING AND DELIVERY

Wayloa ships internationally to destinations available at checkout.

Orders are generally processed within 1–3 business days after payment confirmation.

Once an order has been processed, estimated delivery is generally 7–14 business days, depending on the destination and shipping method.

Delivery times are estimates and may vary depending on carriers, customs processing, public holidays, weather conditions or other circumstances outside our reasonable control.

Shipping availability, delivery options and applicable shipping charges are displayed or calculated at checkout.

If your order is delayed, we will assist you in investigating the issue and provide appropriate remedies, including cancellation or a refund where required by applicable consumer protection laws.

Where applicable law requires notification of shipping delays, consent to a revised shipping date, or cancellation and refund options, we will comply with those requirements.

Please refer to our Shipping Policy for further information.

Nothing in this section excludes, restricts or modifies any rights or remedies available under applicable consumer protection laws.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including trademarks, branding, text, images, graphics, videos, designs and other content owned by or licensed to Wayloa, are protected by applicable intellectual property laws.

The Services are provided for your personal, non-commercial use.

You may not reproduce, distribute, modify, republish, commercially exploit or otherwise use protected Wayloa content without prior written permission, except where permitted by law.

Wayloa names, logos, product names, designs and slogans may be trademarks or other protected intellectual property of Wayloa or its licensors.

Shopify’s names, logos and related intellectual property remain the property of Shopify.

SECTION 7 – OPTIONAL TOOLS

We may provide access to tools or services offered by third parties.

We may not monitor or control these third-party tools and they may be provided on an “as is” and “as available” basis, subject to applicable law.

Your use of optional third-party tools is at your discretion and may also be subject to the third party’s own terms and policies.

We may introduce new features, tools or resources in the future. Such features will form part of the Services and may be subject to these Terms.

Nothing in this section limits any rights or remedies that cannot lawfully be excluded.

SECTION 8 – THIRD-PARTY LINKS

Our Services may contain links, integrations or content provided by third parties.

We are not responsible for independently examining or evaluating every third-party website, service or resource.

If you access third-party services, you should review their applicable terms, policies and practices.

Questions or concerns relating specifically to third-party products or services should be directed to the relevant third party.

Nothing in this section excludes any liability that cannot lawfully be excluded.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

Wayloa is powered by Shopify, which enables us to provide the Services to you.

However, any sales and purchases you make through our store are made directly with WAYLOA LLC, operating under the Wayloa brand.

Shopify is not the seller of products purchased from Wayloa and is not responsible for the fulfilment of transactions between you and Wayloa, except to the extent otherwise required by applicable law.

SECTION 10 – PRIVACY POLICY

Personal information collected through the Services is handled in accordance with our Privacy Policy, which is available through our website.

Certain personal information may also be processed by Shopify in accordance with Shopify’s applicable privacy policies.

Because the Services are hosted by Shopify, Shopify processes certain personal information relating to your access to and use of the Services in order to provide and improve its services.

Information may also be transmitted to service providers or partners located outside your country of residence where necessary to operate the Services, subject to applicable data protection laws.

Please review our Privacy Policy for further information about how personal information is collected, used, disclosed and protected.

SECTION 11 – FEEDBACK

If you submit reviews, suggestions, ideas, feedback or other content to Wayloa, you represent that you have the necessary rights to submit that content and that it does not violate applicable laws or third-party rights.

Where permitted by law, you grant Wayloa a non-exclusive, worldwide, royalty-free licence to use, reproduce, display and adapt such content for purposes including operating, improving and promoting our Services.

This licence does not transfer ownership of your content to Wayloa.

You must not submit unlawful, defamatory, abusive, misleading, obscene or malicious content, or content containing malware or other harmful code.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information available through the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times or availability.

Where permitted by law, we reserve the right to correct such errors or inaccuracies and update information.

Where an error affects an order already placed, we will handle the situation in accordance with applicable consumer protection laws, including any required notification, cancellation or refund.

Nothing in this section limits rights available to consumers under applicable law.

SECTION 13 – PROHIBITED USES

You may use the Services only for lawful purposes.

You must not use the Services to:

  • Violate applicable laws or regulations.

  • Infringe intellectual property or other rights.

  • Harass, abuse, threaten or harm another person.

  • Transmit false, fraudulent or misleading information.

  • Distribute malware, viruses or harmful code.

  • Spam, phish or engage in fraudulent activity.

  • Collect personal information unlawfully.

  • Interfere with the security or proper operation of the Services.

  • Attempt to circumvent security or access restrictions.

We may restrict or terminate access to the Services where these Terms are violated, subject to applicable law.

SECTION 14 – TERMINATION

We may suspend or terminate access to the Services where permitted by law, including where these Terms are materially breached.

Termination of access does not affect any rights or obligations relating to purchases already made, including applicable consumer guarantees, refunds or other statutory remedies.

Any provisions which by their nature should continue after termination will remain in effect.

SECTION 15 – DISCLAIMER OF WARRANTIES

To the maximum extent permitted by applicable law, the website and related digital Services are provided on an “as is” and “as available” basis.

We do not guarantee that the Services will always be uninterrupted, secure or error-free.

These disclaimers do not apply to consumer guarantees or statutory warranties relating to products purchased through Wayloa.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, warranty, right or remedy that cannot lawfully be excluded, including rights under the Australian Consumer Law where applicable.

SECTION 16 – LIMITATION OF LIABILITY

To the maximum extent permitted by law, Wayloa and its service providers will not be liable for indirect, incidental, special or consequential losses arising from use of the Services, except where such liability cannot lawfully be excluded.

Nothing in these Terms excludes, restricts or modifies liability, rights or remedies that cannot lawfully be excluded or limited under applicable law, including applicable consumer protection legislation.

In particular, nothing in this section limits any rights or remedies available to consumers under the Australian Consumer Law where applicable.

SECTION 17 – INDEMNIFICATION

To the extent permitted by law, you agree to indemnify Wayloa against third-party claims arising from your material breach of these Terms, your unlawful use of the Services or your violation of the rights of another person.

This obligation does not apply to the extent that a claim results from our own negligence, unlawful conduct or breach of applicable law.

Nothing in this section excludes or limits any consumer rights that cannot lawfully be excluded.

SECTION 18 – SEVERABILITY

If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision will be enforceable to the maximum extent permitted by law and the remaining provisions will continue in effect.

SECTION 19 – WAIVER AND ENTIRE AGREEMENT

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

These Terms and the policies referenced through our website constitute the agreement governing your use of the Services, subject to any rights that cannot be excluded under applicable law.

Nothing in these Terms prevents consumers from exercising mandatory statutory rights.

SECTION 20 – ASSIGNMENT

You may not transfer or assign your rights or obligations under these Terms without our prior written consent, except where applicable law provides otherwise.

We may transfer or assign our rights and obligations where permitted by law.

Any such transfer will not reduce or remove consumer rights or remedies arising from purchases made before the transfer.

SECTION 21 – GOVERNING LAW

 

These Terms and any separate agreements through which we provide the Services shall be governed by and construed in accordance with the laws of the State of Colorado, United States, without regard to its conflict of law principles.

Nothing in these Terms shall limit or exclude any mandatory consumer protection rights available to customers under the applicable laws of their country or jurisdiction of residence.

For customers in Australia, nothing in these Terms limits rights or remedies under the Australian Consumer Law.

For customers in the United States and other jurisdictions, applicable mandatory federal, state, provincial or local consumer protection laws continue to apply.

SECTION 22 – CHANGES TO THESE TERMS

We may update these Terms from time to time by publishing an updated version on our website.

Where required by applicable law, we will provide notice of material changes.

Changes will not retroactively remove or reduce statutory rights relating to purchases already made.

The version applicable at the time of an accepted order will govern that purchase, subject to mandatory applicable law.

SECTION 23 – CONTACT INFORMATION

Questions regarding these Terms of Service can currently be sent to:

Wayloa

Operated by: WAYLOA LLC

Email: contact@wayloa.com

Business address: 1500 N Grant St, Ste N, Denver, CO 80203, United States