Terms of Use
WELCOME TO WICKEDPEACOCK.COM (“the Site”). WICKED PEACOCK RETAIL, LLC (“The Company”) furnishes website resources to you subject to the following terms of use. Please read them before using the site for any purpose.
PRIVACY
Please Review the Wicked Peacock Privacy Policy which governs your use of this site.
INFORMATION ABOUT WICKED PEACOCK.COM, LLC
The website is owned and managed by Wicked Peacock. Retail, LLC, an LLC registered in Massachusetts.
Wicked Peacock provides you with ability to view and purchase products from Wickedpeacock.com.
Wicked Peacock may, at its election, suspend or remove the website for any reason.
Wicked Peacock reserves the right to make any changes to the Website including any functionalities and content, and may discontinue products at any time.
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To contact Wicked Peacock:
17 Dock Square
Rockport, MA 01966
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You agree that all notices you receive from us, or correspondence you have with us electronically satisfies any legal requirement that such communication be written.
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AGREEMENTS
In order to use the Site, you agree that you are solely responsible and liable for your activities on the Site, whether you are a Registered User or Unregistered, and acknowledge the following:
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You are at least 18 years old and above and you are not in any way prohibited to enter into these Terms and;
You will not use your Login Information with the intent of impersonating another person and;
will not allow any other person to use your Login Details and;
will not use the information presented on the Site for any purposes other than those expressly set out in these Terms;
will not do anything likely to impair, damage or cause harm or distress to any persons using the Site or in respect of the network;
will not use the Site, the content therein and/or do anything that will infringe any intellectual property right or other rights of any third parties;
will not use any information obtained using the Site other than in accordance with these Terms;
will not use the Site in any way that may be deemed to be offensive, illegal, or inappropriate and;
will use the information made available to you on the Website at your own risk and;
the information provided by you is accurate and correct.
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PRODUCT DESCRIPTIONS
Wicked Peacock endeavors to be as accurate as possible. That said, Wicked Peacock relies upon its designers and manufacturers when crafting its descriptions, and therefore does not warrant that product descriptions and other content of this site is accurate, complete, wholly reliable, or otherwise free of errors.
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EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
All information made available to or accessible by you whether as a Registered User or Unregistered User using the Website or in respect of the Product including editorial materials provided by Wicked Peacock or any third party are provided 'As Is' without any conditions, warranties, guarantees or terms of any kind and are intended as information only. Such information shall not in any way and for any reason at any time constitute advice of any nature. Consequently, any such information must not be relied on to assist in making or refraining from making a decision or to assist in deciding on a course of action.
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You acknowledge that Wicked Peacock shall have no control over the quality, condition or legality of the Products offered including without limitation any of the information provided about the Product. Accordingly, Wicked Peacock shall not be liable for any inaccuracies in respect of the information relating to a Product.
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Nothing in these Terms shall limit or exclude Wicked Peacock's liability in respect of any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation by Wicked Peacock.
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Wicked Peacock shall not be liable for any indirect or consequential losses, expectations of a specific nature or anticipated outcome, anticipated savings, loss of management time, loss of profit, loss of data, loss of business and contract, loss of goodwill and reputation or any other loss however arising and whether caused by tort (including negligence), breach of contract or otherwise even if foreseeable arising out of or in connection with your use and/or reliance of the Site and the contents therein.
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Links to third party websites may appear on the Website. Such third party websites are not the responsibility of Wicked Peacock and Wicked Peacock accepts no responsibility for the availability, suitability, reliability or content of such third party websites and does not endorse the views expressed therein.
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Unless otherwise expressly set out to the contrary in these Terms, Wicked Peacock's liability to you in connection with your use of the Website and the contents therein shall be strictly limited to $100.
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In the event you have a dispute, you hereby release Wicked Peacock from any claims, demands and damages (whether actual or consequential) of any kind and nature, known and unknown, arising out of or in connection with such disputes.
SHIPPING & RETURNS
The policies that govern all shipping and returns at Wicked Peacock are made public. Please read them carefully before making purchases.
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DISPUTES
ANY DISPUTE OF CLAIM ARRISING FROM OR RELATING TO THE USE OF THIS SITE WILL BE RESOLVED VIA BINDING ARBITRATION, RATHER THAN A COURT OF LAW, aside from cases in which your claims may be asserted in small claims court.
The Federal Arbitration Act and related laws apply to this agreement.
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Applicable Law
By visiting or using Wicked Peacock you agree to be bound by the Federal Arbitration Act, related federal laws, and the laws of the state of Massachusetts, the laws of which will govern these Terms of Use and any dispute that may arise between you and Wicked Peacock.
INTELLECTUAL PROPERTY RIGHTS
Wicked Peacock and its licensors own all rights in the intellectual property rights relating to the Site. All content included on this site such as graphics, logos, text, images and other content is the property of Wicked Peacock or its content providers and is protected by the United States and international copyright laws. The compilation of all content on this site is the exclusive property of Wicked Peacock and protected by United States and international copyright laws. All software used on this site is the property of Wicked Peacock and is protected by United States and international copyright laws.
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You are expressly prohibited from: reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the SITE including without limitation, any images in any format of the Products in the form of articles and write-ups made available on the Website without written consent from Wicked Peacock and;
removing, modifying, altering or using any registered or unregistered marks/logos/design owned by Wicked Peacock and/or its licensors, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of Wicked Peacock or could be considered an infringement of any of the rights in the intellectual property rights owned by and/or licensed to Wicked Peacock.
Shipping Policy Outlined:
Products available on the Site are shipped directly to the Buyer from the Seller, Wicked Peacock. We do our best to ship items within 2-3 business days.
RETURN AND REFUNDS POLICY Outlined:
GENERAL
These Terms represent the entire agreement between you and Wicked Peacock in respect of your use of the Website and shall supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
Wicked Peacock reserves the right to update or alter these terms at any time.
CONTACT DETAILS:
For any questions regarding this Site, these terms or general inquiries, please contact:
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Privacy Policy
What information do we collect?
We collect information from you when you register on our site, place an order or subscribe to our newsletter.
When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, phone number or credit card information. You may, however, visit our site anonymously.
Google, as a third party vendor, uses cookies to serve ads on your site. Google's use of the DART cookie enables it to serve ads to your users based on their visit to your sites and other sites on the Internet. Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy.
What do we use your information for?
Any of the information we collect from you may be used in one of the following ways:
1. To personalize your experience. Your information helps us to better respond to your individual needs.
2. To improve our website. We continually strive to improve our website offerings based on the information and feedback we receive from you.
3. To improve customer service. Your information helps us to more effectively respond to your customer service requests and support needs.
4. To process transactions. Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.
5. To send periodic emails. The email address you provide for order processing, will only be used to send you information and updates pertaining to your order.
How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information.
We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential.
After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be stored on our servers.
Do we use cookies?
Yes. Cookies are small files that a site or its service provider transfers to your computers hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information.
We use cookies to help us remember and process the items in your shopping cart, understand and save your preferences for future visits and compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.
Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or other’s rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Third party links
Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
California Online Privacy Protection Act Compliance
Because we value your privacy, we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties without your consent.
As part of the California Online Privacy Protection Act, all users of our site may make any changes to their information at anytime by logging into their Account Dashboard.
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Children’s Online Privacy Protection Act Compliance
We are in compliance with the requirements of COPPA (Children’s Online Privacy Protection Act). We do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.
Online Privacy Policy Only
This online privacy policy applies only to information collected through our website and not to information collected offline.
Your Consent
By using our site, you consent to our Terms of Use.
Wicked Peacock offers the use of a secure server. All sensitive information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our payment gateway provider's database only to be accessible by those authorized with special access rights to such systems and are required to keep the information confidential.
After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be stored.