Terms and Conditions
Understanding Our Terms and Conditions
This Terms and Conditions of Sale (the "Agreement") constitutes a binding legal contract between you and Wicked Monkey, the owner and operator of the thewickedmonkey.com website (the "Site"). By ordering any product or service via the Site, you signify your acceptance of this Agreement, as it may be amended or supplemented from time to time. Changes to this Agreement will be effective when posted.
Once an order has been received, our Return Policy takes effect.
Wicked Monkey is not responsible for items not delivered to incorrect address given at the time of the order.
Product prices, availability, shipping/delivery costs, types of shipping method, and terms and conditions of sale, are subject to change without advance notice. Wicked Monkey is not responsible for typographical errors.
Pricing: In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Wicked Monkey shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is priced incorrectly, Wicked Monkey may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
Taxes: Wicked Monkey prices do not include sales, use, excise or similar taxes.
Shipping: Shipping and handling are additional unless otherwise expressly indicated at the time of sale. The cost of shipping for heavy or oversized items is higher than other items of the same value and will be reflected in the shipping total. Loss or damage that occurs during shipping by a carrier selected by WM is the responsibility of Wicked Monkey. Loss or damage that occurs during shipping by a carrier selected by you is your responsibility. You must notify us within 48 hours of the date of delivery if you believe any part of your purchase is missing, wrong or damaged. Shipping carriers include but are not limited to UPS, FedEx, USPS and DHL according to the items ordered and the shipping destination.
Returns: Within 14 days of receipt of product, new, unused and undamaged items may be returned along with the corresponding packing slip for merchandise exchange or store credit, subject to the following limitations:
* All returns/exchanges must be in original packaging, unused and in sellable condition. We are not responsible for any damage that is caused by your pet to any of the merchandise. We cannot honor returns or exchanges for any merchandise that has been used or is not in its original new condition.
* Shipping and handling return fees are covered by Wicked Monkey, we will email you a return label.
* If an item arrives damaged or defective you must contact us within 48 hours of receipt. If the box appears damaged upon receipt, do not sign for or accept it and it will be returned to us. We will send an exchange or credit you for the item.
* You must contact us within 30 days of order placement if your item has not arrived. We will not be held responsible for notifications after that time.
* Refunds and store credits will not include the shipping and handling costs and are subject to a 20% restocking fee. If you have any questions regarding the return policy of a particular item, please email us at info@thewickedmonkey.com
* If the item is defective upon receipt by customer or if there was a shipping error on the part of Wicked Monkey, we will reimburse you for the cost of returning the package to us, and you will not be charged for the shipping cost of your replacement item. Please note that we will not be held responsible for any damage to a product caused by tear and wear.
* If an item was damaged during transit, we reserve the right to request photographic proof of damage. That is, you may be asked to provide a photo of the damaged item.
Waiver and Limitation of Liability
You hereby acknowledge that the warranty provided herein and the accompanying obligations and liabilities of Wicked Monkey are exclusive and you hereby waive all other remedies, warranties, guarantees or liabilities, express or implied, arising by law or otherwise, whether or not occasioned by the negligence of Wicked Monkey. You acknowledge by your use of products sold by Wicked Monkey that your use of the products and any reliance upon them is at your sole risk. In no event shall Wicked Monkey or any of its subsidiaries or affiliates be liable for any indirect, special, incidental, statutory, punitive, exemplary or consequential damages arising directly or indirectly from or in connection with any product and/or its use. It is your responsibility to follow all instructions and heed all warnings accompanying any product ordered from the site. You agree not to join in any lawsuit with another person or serve as a class representative of any class action lawsuit against Wicked Monkey arising out of your purchase or use of products ordered via the site.
Disclaimer of Warranties
To the full extent permissible by applicable law, Wicked Monkey expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Some states do not allow limitations on implied warranties so these limitations might not apply to you. The warranties set forth herein give you specific legal rights and you may have other rights that vary from state to state.
Indemnification
You agree to defend, indemnify and hold completely harmless Wicked Monkey from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or related to your use of the products purchased via the site.
TERMS AND CONDITIONS OF USE
The information provided on this site is for general informational and educational purposes only. Please read and review these Terms of Use carefully before accessing or using this web site. By accessing or using this site, you acknowledge that you have read, understood and agreed to the Terms of Use Agreement. If you do not agree to the Terms of Use, you may not access or use the site. thewickedmonkey.com reserves the right to update or modify these Terms and Conditions at any time without prior notice.
Copyrights and Trademarks
thewickedmonkey.com operates this web site for retail purposes only and all materials such as images, photographs, illustrations, texts & other materials and content is the property of thewickedmonkey.com. Visitors may not copy, reproduce, modify, distribute, sell, display, publicly perform, repost, prepare other works based upon or otherwise use any of our content in any way for any purpose, use our content on any other web site or in a networked computer environment. Visitors are only allowed to print pages from this website for personal, non-commercial use. Unless otherwise noted, all materials, including images, text, illustrations, designs, icons, photographs, programs, video clips and written and other materials that are part of this Site (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by thewickedmonkey.com, one of its affiliates or by third parties who have licensed their materials to thewickedmonkey.com and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of thewickedmonkey.com and is also protected by U.S. and international copyright laws. Wicked Monkey will enforce its intellectual property rights to the full extent of the law.
Disclaimers and Limitation of Liability
This site is provided by thewickedmonkey.com on an "as is" and "as available" basis. thewickedmonkey.com makes no representations or warranties of any kind, expressed or implied, as to the operation of the site, the information, content, materials, or products, included on this site. You acknowledge, by your use of the thewickedmonkey.com web site, that your use of the site is at your sole risk. Under no circumstances shall thewickedmonkey.com or any other party involved in creating, producing, or distributing thewickedmonkey.com be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to thewickedmonkey.com, including but not limited to reliance by a user on any information obtained from thewickedmonkey.com or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction, or unauthorized access to our company records, programs, or services. User hereby acknowledges that this paragraph shall apply to all content, merchandise, and services available through thewickedmonkey.com. because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such state’s liability is limited to the fullest extent permitted by law.
Site Security
Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. thewickedmonkey.com will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from thewickedmonkey.com on this Site and other than generally available third party web browsers such as Netscape Navigator or Microsoft Explorer.
Links To Third Party Web Sites
thewickedmonkey.com is not responsible for the availability, content or accuracy of any pages or other websites linked via this website. The inclusion of any link to such sites does not imply endorsement by thewickedmonkey.com of these sites. You agree that thewickedmonkey.com will not be liable for any loss or damages you or any third party may suffer in connection with third party pages or websites. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. We encourage you to read the privacy statements and Terms & Conditions statements of all such sites, as their policies may be materially different than from our Privacy Policy.
Privacy
thewickedmonkey.com respects the privacy of its web site users. Please refer to our privacy policy that explains users' rights and responsibilities with respect to information that is disclosed on this web site.
Welcome to TheWicked Monkey.com! We provide an online platform that allows users to access our services. By using our services, you agree to our terms and conditions. It is important that you read and understand the terms before using our website.
Our terms and conditions cover important topics such as user responsibilities, your account, payment methods and fees, intellectual property, confidentiality, limitations of liability, and dispute resolution. We encourage you to read the terms and conditions thoroughly and contact us if you have any questions.
User Responsibilities: You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. You agree to use our services only for lawful purposes and in accordance with our terms and conditions. You also agree not to misuse our website or services, interfere with or disrupt the website or services, or attempt to access the website or services using another user's account information.
Your Account: To access and use certain features of our services, you may need to register for an account. You agree to provide accurate and complete information when registering for an account, and to keep your account information up-to-date. You are solely responsible for all activities that occur under your account.
Payment Methods and Fees: We offer various payment methods for you to purchase our services. By using our services, you agree to pay all fees and charges incurred in connection with your account. You also agree to pay any taxes applicable to your use of the services and to comply with any applicable laws related to using the services.
Intellectual Property: Our website and services contain proprietary and confidential information that is protected by intellectual property laws. You agree not to reproduce, distribute, modify, or create derivative works based on our website or services without our express written consent.
Confidentiality: We respect your privacy and will protect your personal information in accordance with our privacy policy. You agree not to disclose any confidential information obtained from our website or services without our express written consent.
Limitations of Liability: Our website and services are provided on an 'as is' and 'as available' basis. We do not guarantee that our services will be error-free or uninterrupted, or that our website or servers are free of viruses or other harmful components. You agree that your use of our website and services is at your own risk and that we are not liable for any direct, indirect, incidental, consequential, or special damages arising from your use of our website or services.
Dispute Resolution: Any dispute arising out of or related to your use of our services will be resolved through binding arbitration, unless you opt-out of arbitration within 30 days. You may also bring individual claims in small claims court instead of arbitration. This dispute resolution provision applies to all users of our services and shall survive termination of your account.
