Shipping Guarantee User Terms & Conditions
General
The purpose of these terms of use (“Terms of Use”) is to set forth the terms and conditions under which Rogue And Wolf Ltd and/or its affiliated companies (collectively, Rogue And Wolf, “we”, “us” or “our”), make our website (“Site”), as well as any products and services made available thereon, including but not limited to our shipping guarantee policies and services (the “Policy”), (collectively, the Site, Platform, Policy, and other products and services made available through the Site and Platform, the “Services”) and the content and materials available on the Services (the “Content”) available to users (“you” or “your”) and the conditions under which such users may have access to and use such Services and Content. Please read these Terms of Use carefully before using our Services or Content.
BY ADDING SHIPPING PROTECTION TO YOUR PURCHASE AND CONTINUING WITH YOUR PURCHASE, AND/OR BROWSING THE SITE, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF USE, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH Rogue And Wolf, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF USE PERSONALLY. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS SITE OR ANY SERVICES.
We reserve the right to modify these Terms of Use at any time and without prior notice to you. Continued use of any of our Services or Content by you will constitute your acceptance of any revisions to the Terms of Use. Your continued use of the Services or Content will be subject to any such modifications with respect to any use of our Services or Content after such modifications. As such, please check these Terms of Use regularly.
Use of Content
Our Services and the Content are available only for your personal use. You may not use the Services in any other way for any other purpose. Our publication of Content or granting access to any of our Services does not represent, either explicitly or implicitly, any provision of services or products by us, nor does it represent any promise to you that such access to such Content or Services will be available to you now or in the future or that you qualify to receive any of our products or services. We are entitled to modify, reduce, remove or otherwise terminate any of our Services, or any portion thereof, including any or all of the services and Content offered thereon, at any time without prior notice to you.
Payments
You agree to pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. You must provide Rogue And Wolf with a valid credit or debit card (Visa, MasterCard, or any other issuer accepted by us) or a PayPal account (“Payment Provider”) as a condition to signing up for the Services. Your Payment Provider agreement governs your use of the designated credit or debit card or PayPal account, and you must refer to that agreement and not the Terms of Use to determine your rights and liabilities. By providing us with your credit or debit card number or PayPal account and associated payment information, you agree that we and our third-party payment provider are authorized to immediately invoice your account for all fees and charges due and payable to us hereunder and that no additional notice or consent is required. You agree to immediately notify us of any change in your billing address or the credit or debit card or PayPal account used for payment hereunder. We reserve the right at any time to change our prices and billing methods, either immediately upon posting on the Site or Services, or by e-mail delivery to you.
Rogue And Wolf fees are net of any applicable Value Added Tax (VAT). If any Services, or payments for any Services, under the Terms are subject to VAT in any jurisdiction and you have not remitted the applicable VAT to Rogue And Wolf, you will be responsible for the payment of such VAT and any related penalties or interest to the relevant tax authority, and you will indemnify Rogue And Wolf for any liability or expense we may incur in connection with such VAT. For purposes of this section, “VAT” shall mean any value added tax, sales or use tax, and any other tax measured by sales proceeds, that Rogue And Wolf is permitted to pass to its customers, that is the functional equivalent of a VAT where the applicable taxing jurisdiction does not otherwise impose a VAT.
Privacy and Security
Except as otherwise indicated, our Services and Content, and all rights thereto, are the property of Rogue And Wolf and/or our affiliated companies and are protected under UK copyright, trade secret, trademark, and patent law as well as international treaty provisions, with all rights reserved. Rogue And Wolf and other related graphics, logos, service marks, and trade names used on or in connection with the Services are the trademarks of Rogue And Wolf and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks, and trade names that may appear on or in the Services are the property of their respective owners.
Except as authorized herein or with our prior written approval, you are prohibited from copying, modifying, displaying, distributing, transmitting, transferring, redelivering, publishing, selling, marketing, renting, leasing, licensing, or sub-licensing, creating derivative works, or otherwise using or making available to any third party/parties any of our Services or any of the Content for any purpose. Systematic retrieval of data from any of our Services or the Content to create or compile, directly or indirectly, a collection, compilation, database, or directory, unless with our express written permission, is prohibited. You agree that you will not, directly or indirectly, reverse engineer, decompile, reproduce, or otherwise attempt to derive source code, trade secrets, or other intellectual property from any information, material, or technology included in any of our Services or in the Content. Any attempt to do so is a violation of our rights, and if you breach this restriction, you may be subject to prosecution and damages.
Disclaimer of Warranty
Your use of any of our services and any of the content is at your sole risk. To the maximum extent permitted by law, we hereby disclaim all warranties in connection with our services and the content. Our services and all content are provided "as is", “as available” with all faults and without warranty of any kind, express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Further, we do not make any other representations or warranties that our services or content will meet your requirements, be uninterrupted or free from errors, that any errors will be corrected, or that the services or content will be free from malicious software, viruses, or other harmful components. Further, we do not warrant or make any representations regarding the use or results of the use of the services or any of the content, nor the adequacy, accuracy, or completeness of the services or any content or any of the information, products, or services provided through the services or content. No oral or written information given by any party shall create any such warranties. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.
Limitation of Liability
To the fullest extent permitted by law, we expressly disclaim, and you agree not to hold us responsible for, any losses, damages, injuries, claims, or other liability of any kind, whether in contract, tort, strict liability, or otherwise, for any direct, indirect, incidental, consequential, punitive, or special damages, including without limitation damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or in any way connected with your accessing or using or inability to access or use all or any part of any of our services or any of the content, or your reliance on such services and/or content, or any failure of performance, error, interruption, defect, delay in transmission, computer viruses or other harmful components or content, or line or system failure associated with such services and/or content, regardless of our negligence and/or knowledge thereof.
Under no circumstances will Rogue And Wolf be liable to you for more than the greater of (a) the total amount paid to Rogue And Wolf by you during the one-month period prior to the act, omission, or occurrence giving rise to such liability and (b) the remedy or penalty imposed by the statute under which such claim arises. The foregoing cap on liability shall not apply to liability of Rogue And Wolf for (a) death or personal injury caused by a company party’s negligence; or for (b) any injury caused by Rogue And Wolf fraud or fraudulent misrepresentation. The law in certain jurisdictions, including the United Kingdom, may not allow the disclaimer or exclusion of any or all of such liability, and as such, the above limitations may not apply to you.
International Users
The Services can be accessed from countries around the world and may contain references to Services and Content that are not available in your country. These references do not imply that Rogue And Wolf intends to announce such Services or Content in your country. Services are controlled and offered by Rogue And Wolf from its facilities in the United Kingdom. Rogue And Wolf makes no representations that Services are appropriate or available for use in other locations. Those who access or use Services from other countries do so at their own volition and are responsible for compliance with local law.
Guarantee, Underwriting, and Administration
Shipping Guarantee. Through our Policy, we provide a shipping guarantee for your online purchases that are lost, damaged, or stolen while in transit. We are not licensed to offer insurance but do offer a guarantee to either reimburse the customer for 100% of their purchase (minus the original shipping cost and any guarantee fees) or reship the order again to a different address where the package can be received.
Conditions
For domestic shipments, the customer must wait seven (7) business days after the scheduled delivery date, and, for international shipments, the customer must wait ten (10) business days after the scheduled delivery date to file for non-delivery (lost) claims. If damaged, the customer must file a notice of damage with Rogue And Wolf within three (3) days of receipt of such shipment. All claims must be filed within thirty (30) days of the parcel shipment date to be honoured. The customer will submit a completed claim form, copy of the original invoice to the consignee/original invoice from the shipper, whichever is applicable, a signed and dated statement from the consignee/receiving party, proof of damage if applicable, and any additional documentation requested to substantiate the loss. Coverage does not include handling fees and guarantee fees. All damaged property for which payment (not repair costs), or replacement costs have been made, must, on request, be returned to Rogue And Wolf. Failure to hold the damaged property until the claim is fully resolved will result in the claim(s) being denied. The customer will have one (1) year from the date of the shipment to furnish any required and/or additional documentation requested by Rogue And Wolf in order for the customer to substantiate said claim. Should the customer fail to provide the required and/or additional documentation within one (1) year from the ship date, the customer’s claim will be denied. Any covered loss will be promptly paid to the customer or their assignee after notice of loss or damage and the required documentation has been received and accepted by Rogue And Wolf in accordance with all terms and conditions of this coverage unless the property is replaced, at the option of Rogue And Wolf, with like kind, function, and quality.
No suit, action, or proceedings for the recovery of any claim under this coverage shall be sustainable in any court of law or entity unless the respective action is commenced within twelve (12) months after discovery by the customer of the issue giving rise to the claim, provided however, that said time limitation is invalid by the law where this coverage is issued. In that case, any such claim shall be void. The customer or Rogue And Wolf may terminate the Policy at any time by giving fifteen (15) days' written notice thereof, provided that such termination does not impact a shipment already in transit. Certified notice of cancellation sent to the customer at the last known address shall be deemed sufficient compliance with the conditions of this clause on the part of Rogue And Wolf.
Submission of Claims
Your online purchase has been guaranteed for loss, damage, and theft by Rogue And Wolf in accordance with these Terms of Use. If your package is damaged once received or simply does not arrive, please contact our support to file a claim.
All packaging material and damaged goods must be kept in the original form as received. Packaging and damaged goods should not be disposed of or released to the shipping carrier before a claim is completed, as photographs may be required. Failure to comply can result in the denial of the claim due to insufficient packing.
The customer will submit a completed claim form, a copy of the original invoice to the consignee/original invoice from the shipper, whichever is applicable, a signed and dated statement from the consignee/receiving party, proof of damage if applicable, and any additional documentation requested to substantiate the loss. Coverage does not include handling fees and guarantee fees. All damaged property for which payment (not repair costs), or replacement costs have been made, must, on request, be returned to Rogue And Wolf. Failure to hold the damaged property until the claim is fully resolved will result in the claim being denied.
Once a claim has been accepted and approved by Rogue And Wolf, prompt payment will be made to the customer.
