Last Updated: 12.19.2024
Thank you for visiting and shopping at Wild Fable! By accessing or using wildfable.to, including browsing the website or making any purchase, you agree to be bound by the following Terms and Conditions. Please read them carefully.
1. Acceptance of Terms
These Terms and Conditions constitute a legally binding agreement made between you and Wild Fable concerning your access to and use of the website wildfable.to as well as any other media form, media channel, or services related to Wild Fable (collectively, the “Site”).
You agree you are responsible for your use of the Site and any charges incurred in connection with your account. You agree to abide by all applicable domestic and international laws, rules and regulations applicable to your use of the Site, including any laws regarding the export of data or software.
By accessing or using the Site, you represent that you have the legal authority to accept the Terms on behalf of yourself and any party you represent. If you do not agree with all these terms and conditions, you are prohibited from using the Site or purchasing Wild Fable products.
We recommend you print a copy of the Terms for your records. These Terms constitute the entire agreement between you and Wild Fable regarding the use of the Site.
2. Privacy Policy
Please review our Privacy Policy, which is hereby incorporated by reference, to learn more about how we collect, use, and disclose information about you.
3. Changes to the Terms or Site
We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the updated Terms on the Site or through other communications. It’s important you review any updated Terms whenever we modify them because they will be binding on you. If you continue to use the Site after we post updated Terms, you are deemed to have accepted the changes.
We reserve the right to modify, suspend or discontinue all or any portion of the Site or your account at any time without notice. We will not be liable to users or any third party should we exercise our right to modify, suspend or discontinue all or any portion of the Site or your account.
4. Eligibility and Account
To access certain features of the Site, you may be required to register with us and select a password and user name (“Site account”, “account”). You represent and warrant you are at least 18 years old, can form legally binding contracts, and all registration information you submit is accurate and truthful. You agree to maintain accurate, complete, and up-to-date information in your account. Your failure to maintain accurate, complete, and up-to-date account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Site or our services.
You are responsible for all activities that occur under your account, including purchases. You agree to maintain the security and secrecy of your username and password at all times. Unless we expressly authorize you in writing, you may not reveal your password to any third party and you may not allow any third party to access your account. If you do allow third party access to your account, you are solely responsible for any activities or actions that take place inside your account. You agree to immediately notify us at [email protected] of any unauthorized use of your password or account or any other breach of security. We reserve the right to terminate your account or your use of the Site at any time in our sole discretion without notice.
5. Purchasing Products
We make reasonable efforts to display colors as accurately as possible on the Site. However, as the actual colors you see depend on your monitor and various other factors, we cannot guarantee the displayed colors will accurately reflect product colors.
The prices we charge for products are subject to change without notice. We reserve the right to change prices in our sole discretion. Once we receive and confirm your order, the price on the order will not change except when we need to make corrections to advertised prices. We are not responsible for pricing, typographical, or other errors in any offer by Wild Fable and we reserve the right to cancel any orders resulting from such errors.
The receipt of an order confirmation does NOT constitute the acceptance of an order or a confirmation of an offer to sell. Wild Fable remains free to accept or reject any order for any reason. Accepted orders will be charged to your designated payment method. If your payment method fails or your order is otherwise unable to be completed, your order will not be processed.
Promotion codes and other offers are non-transferable, cannot be bought or sold, have no cash value, and are subject to additional restrictions.
Taxes. You are responsible for all sales, use and similar taxes or fees associated with your order, excluding taxes on Wild Fable’s net income. If you are exempt from certain taxes, you must provide us an exemption certificate for your jurisdiction; otherwise, we will apply sales tax to your purchases as required by applicable law.
Shipping. When you make a purchase, we estimate shipping dates and provide shipping costs during checkout based on the information you provide. Wild Fable cannot guarantee dates upon which delivery will be made, as shipping timelines are at the discretion of the shipping provider and are estimates only. We are not liable for any delays in shipments. Should an item not arrive on time, we will work with you to resolve any issues. If indicated after checkout, signature will be required for deliveries. Additional shipping charges for express delivery may apply. We do not guarantee product availability and reserve the right to discontinue or change product offerings with no advance notice.
Title and risk of loss for goods passes to you when shipped. If an item arrives damaged, please contact us within 5 days of receipt so we can properly process a replacement. Please save all packaging materials and damaged goods before filing a claim so that proof of damage can be provided.
Returns and Refunds. Purchases can be returned for a full refund within 60 days of shipment in original condition for a full refund. Please complete the returns form at the time of shipment to expedite processing. Customers are responsible for all shipping and handling charges on returned items. We cannot accept returns of certain goods like clearance merchandise, gift cards, personalized items, underwear, swimwear, earrings, cosmetics, fragrances, and furniture. Additional exclusions may apply.
Refunds are generally processed within 5 business days of receiving your return. Refunds are applied to the original payment option used at time of purchase.
6. Content You Submit
You acknowledge you are responsible for any content, including photos, profiles information, messages, comments, and any other content (“User Content”) you submit or post to the Site. You agree not to upload or transmit any User Content that is illegal, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, vulgar, pornographic, harmful, sexually explicit, racially offensive, profane, promotes violence, promotes discrimination, or is otherwise objectionable material.
You grant Wild Fable and our affiliates a perpetual, worldwide, irrevocable royalty-free, non-exclusive, sub-licensable right and license to use, copy, display, publish, distribute, store, modify, create derivative works from, and exploit in any manner any User Content you provide. You waive any claims against Wild Fable arising out of our use of such User Content and represent you have all releases and permissions needed to grant us these rights.
We have no responsibility or liability for the deletion, accuracy, modification, misinterpretation, completeness, timeliness or delivery of any User Content, failure to store any User Content, or loss of any User Content. We have no obligation to monitor User Content, and your use and provision of User Content is at your own risk. We have the right in our sole discretion and without notice to you, to monitor, review, block, edit, remove, delete, or refuse to post any User Content at any time and for any or no reason.
7. Copyright Complaints
We respect the intellectual property rights of others and comply with the Digital Millennium Copyright Act (DMCA). If you believe any materials accessible on or from the Site infringe your copyright rights, you may request removal of those materials by contacting Wild Fable’s Designated Copyright Agent at:
Email: [email protected]
Phone: (800) 555-2368
Postal Address:
Wild Fable Copyright Office
123 Fable Lane
Fairyland, CA 94123
When requesting removal, you must include the following information:
- A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed;
- Your contact information, including your address, telephone number, and an email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or applicable law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove any content alleged to infringe without prior notice and at our sole discretion. In appropriate circumstances, Wild Fable will also terminate a user’s account if the user is determined to be a repeat infringer.
8. Disclaimers and Limitation of Liability
The Site and all information, products, and services provided through the site are provided “as is” without warranty of any kind. Wild Fable disclaims all warranties, express or implied, relating to the Site and any content on the Site, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, security, or accuracy.
Wild Fable does not warrant the Site will meet your needs or requirements or that it will be uninterrupted, timely, secure, error-free or free from viruses. You assume full responsibility and risk of loss resulting from your usage of the Site. We do not warrant any information provided through the Site is accurate, complete, reliable, current, or defect-free. Before acting on any information you received through the Site, you should confirm it from independent sources.
In no event will Wild Fable or our affiliates be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your access or use of or inability to access or use the Site or any linked sites. You acknowledge and agree these damage limitations are fundamental elements of these Terms and the pricing of products would be substantially higher if these limitations did not exist.
Some jurisdictions do not allow limitations on implied warranties or exclusions of consequential damages, so these limitations or exclusions may not apply to you. In such jurisdictions, Wild Fable’s liability is limited to the greatest extent permitted by applicable law.
9. Indemnification
You agree to defend, indemnify and hold harmless Wild Fable and our affiliates from all liabilities, claims, damages, and expenses (including reasonable attorneys’ fees) that arise from or relate to (1) your use or misuse of the Site, (2) your violation of the Terms, (3) any products or services purchased or obtained by you in connection with the Site, or (4) your violation of any third party rights or applicable law. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you will cooperate in asserting any available defenses.
10. Third Party Links and Services
The Site may contain links to third party websites, resources, or services not operated by us. These links are provided solely as a convenience. We do not endorse, control, or make any representations, warranties or guarantees regarding any third party sites, resources, or services linked to the Site. When you access third party sites, you do so at your own risk. We strongly advise you read such third parties’ terms of use and privacy policies.
11. Termination of Use
We reserve the right in our sole discretion and without notice to block, restrict, suspend, or terminate your access to all or any part of the Site at any time for any reason without liability. We reserve the right to block access from internet protocol (IP) addresses that violate these terms.
Upon any termination of these Terms or your access to and use of the Site, the following sections will survive: Indemnification, Disclaimers & Limitations of Liability, and Miscellaneous Provisions.
12. Governing Law and Dispute Resolution
These Terms are governed in all respects by the substantive laws of the State of California, without regard to conflict of law rules. Any dispute arising out of or relating to the Site, the Terms, your account with us, our advertising, or these Terms shall be resolved through good faith negotiations between the parties. If such negotiations fail, the parties agree to attempt non-binding mediation before pursuing other remedies. Any action or proceeding arising out of or related to these Terms that are not subject to arbitration or cannot be heard in small claims court, shall be brought solely in the state or federal courts located in Los Angeles County, California, and you consent to the exclusive personal jurisdiction of such courts.
13. Class Action and Jury Trial Waiver
You must file any legal action based on these terms or your use of or purchase from the Site within one year after such claim arises. You agree any disputes will be arbitrated or resolved in small claims court, and will not be consolidated in arbitration or with any other cases or joined with any other parties.
You and Wild Fable agree to waive any right to trial by jury in any proceeding or litigation brought in respect to these Terms. You also agree to opt out of any class action lawsuit brought by a third party against Wild Fable.
14. Miscellaneous Provisions
No delay or failure to take action under these Terms will constitute a waiver unless expressly waived in writing by a duly authorized Wild Fable representative.
These Terms do not confer any third-party beneficiary rights or any other rights that are enforceable by any party other than you and Wild Fable.
If any provision of these Terms is deemed unlawful, void or unenforceable, that provision shall be deemed severable from these Terms and will not affect the enforceability of the remaining provisions. The invalidity of any provision of these Terms shall not affect the validity or enforceability of any other provision of these Terms, which shall remain in full force and effect.
You may not assign or transfer these Terms or any rights or obligations you have under them without our consent. We reserve the right to freely assign all or a portion of these Terms along with our rights and obligations without notice to you.
These Terms including incorporated policies represent the entire agreement between you and Wild Fable concerning the Site and supersede any prior agreements between you and Wild Fable regarding the subject matter. Usage of and access to the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms.
Thank you for being a valued Wild Fable customer! Please contact us at [email protected] with any questions about these Terms.
