Terms of service

Please note: Any discount available on all website merchandise excludes Mystery Pairs. Mystery Pairs maintain their individual discount and cannot be included or combined with any offer.

Your access to the website hosted by Wellow Inc. ("WELLOW") at www.wearwellow.com (the "Site") is conditioned on your acceptance of these Terms of Use, our Privacy Policy, Return Policy, and any other policies, notices and terms referenced herein or set forth on the Site (collectively, the “Terms”). For the purposes of the terms, the term “Site” includes all text, images and other information or content available through the Site (collectively, the “Content”).

PLEASE READ THE TERMS, INCLUDING OUR PRIVACY POLICY, CAREFULLY. THE TERMS LIMIT WELLOW’S LIABILITY TO YOU AND SIGNIFICANTLY AFFECT YOUR OTHER LEGAL RIGHTS, INCLUDING:

  • YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS IN THE EVENT YOU HAVE A CLAIM AGAINST OR DISPUTE WITH US; AND
  • YOUR RIGHT TO INITIATE OR JOIN A CLASS ACTION LAWSUIT.
  1. ACCEPTANCE & MODIFICATION OF TERMS

BY PURCHASING OUR PRODUCTS, USING A COUPON CODE, PARTICIPATING IN ONE OF OUR PROMOTIONS, CONTACTING US, OR JUST BROWSING THE SITE, YOU AGREE TO THE TERMS, INCLUDING THE COLLECTION, USE AND DISCLOSURE OF INFORMATION AS DESCRIBED IN OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THE TERMS, YOU MUST LEAVE THE SITE IMMEDIATELY AND DISCONTINUE ANY USE OF ANY CONTENT.

WELLOW RESERVES THE RIGHT TO CHANGE THE TERMS OF USE AT ANY TIME BY POSTING THE UPDATED TERMS ON THIS PAGE AND UPDATING THE DATE ABOVE (OR, IN THE CASE OF OUR PRIVACY POLICY OR OTHER TERMS, UPDATING THE TERMS AND DATE WHERE THE TERMS ARE POSTED). IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU MUST CEASE USING THIS SITE. IF YOU DO NOT CEASE USING THIS SITE, YOU WILL BE DEEMED TO HAVE ACCEPTED THE CHANGE.

  1. PRODUCTS

WELLOW’S PRODUCTS AND RELATED SITE CONTENT ARE SUBJECT TO MODIFICATION OR DISCONTINUATION AT ANY TIME WITH OR WITHOUT NOTICE AND WITHOUT LIABILITY.

The images of the products on our Site are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that your computer's display of the colors accurately reflects the actual colors of the product(s). Your product(s) and the packaging of your product(s) may vary from that shown on images on our Site.

  1. PLACING ORDERS

By placing any order, you agree to comply with all terms and conditions applicable to your purchase, including payment obligations to WELLOW and to the applicable credit card account, debit card account, and/or other payment/financial account/service through which you may be charged for and/or otherwise responsible for such purchase.

Notwithstanding anything to the contrary in these Terms, and without limiting any of WELLOW’s rights hereunder, we may, in our sole discretion, (i) refuse or cancel any order you place with us, (ii) adjust any of your orders to ensure compliance with these Terms, and/or (iii) limit or cancel quantities purchased per person, per household or per order, including, in each case, orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

All prices displayed on the Site or otherwise advertised are quoted in US Dollars and subject to change. Although we endeavor to avoid errors, it may happen from time to time that the pricing or other information on the Site is incurred. We are not bound by our offer or any prices on the Site and we therefore reserve the right to modify or cancel your purchase in the event of spelling, pricing, or other errors on the Site.

In the event we make a change to or cancel an order, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was made. If your payment method has already been charged for an order that is later modified or cancelled, we will issue you a refund in the amount of the incorrect price back to your original method of payment. We apologize for any inconvenience this may cause you.

Shipping costs are applied per order and depend on where your order is shipped and by what method. Shipping costs and all other applicable taxes, fees or charges of any nature will be added to the total amount of your purchase and will be displayed prior to checkout.

Please note that shipping dates, delivery dates, and timeframes for processing returns and refunds are estimates only and not guaranteed. We can only fulfill domestic orders to home and office addresses and do not ship to P.O. Boxes. WELLOW does not ship internationally.

When placing an order, you may be invited to register with the Site and to select a unique username and password. As a registered user, you are responsible for maintaining the confidentiality and security of your username and password and for all uses of your username and password, including, any purchases placed through the use thereof, whether or not in fact authorized by you. You agree to immediately notify WELLOW of any unauthorized use of your username and password via email to support@wearwellow.com.

  1. RETURNS

Returns are governed by our Wellow Returns policy located at www.wearwellow.com/policies/refund-policy.

When you request a refund pursuant to our Wellow Returns policy your refund will reflect the total amount you paid for the product(s) you are returning back to your original method of payment. However, you may not be refunded any original shipping costs you may have paid for the delivery of the product(s) to you.

All returns should be addressed and mailed to:  3528 W 500 S Suite 4, Salt Lake City, UT 84104

In order for us to process your return, we must receive the item(s) within the timeframe set forth in our Wellow Returns policy. Therefore, you must account for the time it takes for the carrier to ship your item(s) back to our warehouse.

We reserve the right to change our Return Policy at any time, but changes will not apply retroactively to purchases made before the change was made.

  1. INTELLECTUAL PROPERTY RIGHTS, USE & RESTRICTIONS

Our products, Site and Content, including all product descriptions and images, and all trademarks, service marks, trade names, logos and trade dress, whether registered or unregistered ("Marks") that appear on the Site (collectively, “WELLOW IP”) are the sole property of WELLOW and/or its licensors and are protected by copyright and other intellectual property laws, and are provided for non-commercial use only. Reproduction of any WELLOW IP is prohibited. You agree that you will not: (i) modify, distribute, transmit, display, perform, copy, reproduce, publish, license, create derivative works of, transfer, or sell any WELLOW IP without WELLOW’s express prior written consent ; or (ii) remove any Marks or trademark or copyright symbols from any WELLOW IP.  All rights not expressly granted herein are reserved.

  1. FEEDBACK & USER CONDUCT

You agree that any reviews, comments and other feedback (collectively “Feedback”) provided by you, whether relating to this Site, the Content, WELLOW products or otherwise, is provided on a non-proprietary and non-confidential basis. You hereby grant WELLOW a sublicensable, transferable, perpetual, non-exclusive, worldwide, royalty-free and irrevocable license to use, publish, reproduce, distribute, modify and prepare derivative works from your Feedback in any media, whether now known or developed in the future.

You represent and warrant that (i) you own all Feedback posted by you on or through this Site, or otherwise have the right to grant the licenses to WELLOW set forth in this section, (ii) your Feedback does not violate any law, rule or regulation, or the rights of any person or entity, including any privacy, publicity, trademark, copyright, contractual or other rights, and (iii) any opinions included in your Feedback are your honest opinions.

When submitting Feedback or otherwise using this Site, you agree not to, without limitation:

  • purchase any products for distribution, resale or other commercial purpose;
  • defraud or attempt to defraud WELLOW or any other person or entity;
  • defame, abuse, harass, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  • use racially, ethnically, or otherwise hateful or offensive language;
  • use explicit/obscene language or solicit/post sexually explicit images (actual or simulated);
  • post anything that exploits children or minors or that depicts cruelty to animals;
  • post any copyrighted or trademarked materials without the express permission from the owner;
  • disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation;
  • use any robot, spider, scraper, web crawler, indexing agent or other automated devices or mechanisms to access the Site;
  • take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
  • alter any reviews, comments or other feedback posted by others on this Site;
  • otherwise harm, damage, impair, disable, interfere with the proper working of, or misappropriate any aspect of our Site or Content (including, through the use of any viruses, worms, Trojan horses, logic bombs, or other malicious code or features); or
  • breach any security measure provided by, or circumvent any access or use restrictions of, our Site;
  • access any systems or servers on which the Site is hosted or modify or alter the Site in any way, other than for your use of the Site as expressly permitted in the Terms;
  • otherwise use our Site or Content in any manner other than as permitted by the Terms, or
  • attempt, or assist or encourage any person or entity, to do any of the foregoing.

WELLOW reserves the right to refuse, delete or remove any Feedback, for any reason

These prohibitions do not require WELLOW to monitor, police or remove any Feedback or other information submitted by you or any other user.

  1. DISCLAIMER

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, OUR PRODUCTS, SITE AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH NO WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WELLOW DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO OUR PRODUCTS, SITE, AND CONTENT, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM ERRORS, DEFECTS, COMPUTER VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODE OR PROGRAMS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, WELLOW DOES NOT REPRESENT OR WARRANT THAT THE SITE, CONTENT OR ANY OTHER INFORMATION ACCESSIBLE VIA THE SITE IS SECURE, ACCURATE, COMPLETE OR CURRENT OR THAT ANY PARTICULAR PRODUCTS OR INVENTORY WILL BE AVAILABLE AT ANY PARTICULAR TIME. AS A CONDITION OF YOUR USE OF THE SITE, YOU WARRANT TO WELLOW THAT YOU WILL NOT USE THE SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THE TERMS.

  1. LIMITATION OF LIABILITY

NEITHER WELLOW NOR ANY ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, MANUFACTURERS, DISTRIBUTORS OR OTHER  THIRD PARTY PARTNERS WILL BE LIABLE FOR (I) ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, MULTIPLIED OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT THEY HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY, INCLUDING, WITHOUT LIMITATION, ARISING OUT OF OR IN CONNECTION WITH ANY LOSS OR OTHER DAMAGES IN CONNECTION WITH OUR PRODUCTS, SITE OR CONTENT, OR (II) IN ANY EVENT, TOTAL CUMULATIVE LIABILITY FOR ALL DAMAGES IN CONNECTION WITH OUR PRODUCTS, SITE, AND CONTENT EXCEEDING FIFTY U.S. DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

NOTWITHSTANDING ANYTHING TO THE CONTRARY, SOME JURISDICTIONS (INCLUDING NEW JERSEY) HAVE CONSUMER PROTECTION STATUTES AND OTHER LAWS THAT DO NOT ALLOW LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR CERTAIN DAMAGES, WHICH MAY INCLUDE PRODUCT LIABILITY, PERSONAL INJURY, FRAUD, WILLFUL MISCONDUCT AND/OR INCIDENTAL OR CONSEQUENTIAL DAMAGES.  TO THE EXTENT SUCH STATUTES ARE APPLICABLE TO YOU, ONE OR MORE OF THE ABOVE LIMITATIONS AND EXCLUSIONS WILL NOT APPLY TO YOU.

  1. INDEMNIFICATION

You hereby agree to defend, indemnify and hold harmless WELLOW, its affiliates, and its and their respective officers, directors, employees, and agents from and against all third-party claims

and liabilities (including attorneys’ fees and costs) arising out of or relating to your violation or alleged violation of the Terms.

  1. AGE RESTRICTION

This Site is not intended for use by children under the age of 18. If you are under 18, you may use our Site only with the involvement and permission of your parent or guardian.

  1. COPYRIGHT INFRINGEMENT

If you are a copyright owner or an agent of a copyright owner, and you believe that any Content on our Site infringes such copyright(s), then you may submit a notification pursuant to the Digital Millennium Copyright Act of 1998 by providing our designated copyright agent with the following information in writing:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed;
  • Identification of the material that is claimed to be infringing and information sufficient to permit us to locate the material;
  • Contact information of the complainant, such as an address, telephone number, and, if available, an email address;
  • A statement that the complainant has a good faith belief that use of the material is not authorized; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complainant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The above information must be included in the notification described above, and submitted to our Designated Copyright Agent by mail and email to the following address:

copyright@wearwellow.com

  1. GOVERNING LAW

All litigation, court proceedings, arbitration proceedings, mediation proceedings, lawsuits, court hearings and other hearings or actions initiated in connection with the Site and/or the Content must and will be venue exclusively in the County and State of New York, USA. These Terms of Use and other Terms, and the relationship between you and WELLOW will be governed by the laws of the New York without giving effect to principles of conflict of laws of any jurisdiction. These Terms will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded. 

  1. DISPUTE RESOLUTION; ARBITRATION

(i) If you have a claim, cause of action, or dispute, you must contact us first, so that you and we can try to resolve the matter. You agree to give us 60 days to try to resolve the dispute before requesting arbitration.

(ii) In case of any disputes between us that cannot be resolved through informal discussions, you and we hereby agree that, subject to the provisions of this section, any and all claims (including tort claims), causes of action, and/or disputes under, arising out of, or relating to these Terms (each, a “Claim”) shall be settled by final and binding arbitration in accordance with the relevant rules of the American Arbitration Association (“AAA”) (as modified by, and subject to, these Terms) such rules, as so modified, “AAA Rules”); provided, however, that: Claims arising out of or relating to your violations of WELLOW’s intellectual property rights, including copyright infringement, patent infringement, trademark infringement, or efforts to interfere with our Site in unauthorized ways (each, an “IP Claim”) shall not be subject to such obligation for settlement by final and binding arbitration. The arbitrator’s decision and award shall be non-appealable and may be entered in, and shall be enforceable in, any court of competent jurisdiction.

(iii)   The arbitration shall take place in the County and State of New York; provided that you and we may participate in the arbitration by phone, by video, or via document submission to the fullest extent allowable by the arbitrator. Arbitration of any Claim(s) shall be subject to the AAA Rules, and shall be administered by the AAA. To the fullest extent permitted by applicable laws, rules, and regulations: (A) any evidentiary submission(s) made in arbitration shall be maintained as confidential in the absence of good cause for its disclosure; and (B) you and we agree not to disclose the contents of the arbitrator’s decision(s) to any third party (except as required by law, rule or regulation, or for the purposes of enforcement or appeal of the arbitration award).

(iv)  Each party will bear its own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden and in that case, we will pay for your portion of the arbitration administrative costs (but not your attorneys’ fees).

(v)   If there is a final judicial determination that any particular Claim cannot be arbitrated in accordance with the provisions of this Section 5(d), then only that particular Claim (each, a “Non-Arbitrable Claim”) and any IP Claim(s) may be brought in court; all Claims other than Non-Arbitrable Claims and IP Claims not sought to be arbitrated remain subject to the provisions of Section 5(d)(ii) above. The jurisdiction and venue for all Non-Arbitrable Claims and for all IP Claims not sought to be arbitrated shall be the state and federal courts in the County and State of New York; with respect to Non-Arbitrable Claims and such IP Claims (as defined above), you hereby consent to personal jurisdiction in those courts and hereby waive all defenses of lack of personal jurisdiction and forum non conveniens. Nothing in this Agreement (including in this Section 5(d)) shall limit the ability of either you or us to seek equitable relief in any court of competent jurisdiction.

(vi)  The arbitrator may not award relief in excess of or contrary to what these Terms provide, order consolidation or arbitration on a class-wide or representative basis, or damages in excess of or contrary to what these Terms provide, or order injunctive or declaratory relief, except that the arbitrator may award

on individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this Section 5(d) is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect. This arbitration clause will continue to be valid even if these Terms are no longer valid for any reason.

(vii) You must contact us within one year of the date of the event or facts giving rise to a Claim, or you will have waived the right to pursue a Claim based on such event or facts. The Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions of this Agreement. All issues are for an arbitrator to decide, except that only a court may decide issues relating to the scope or enforceability of the arbitration provisions of these Terms or the interpretation of the prohibition of class and representative actions. If any of these dispute resolution provisions is found unenforceable, that provision shall be severed, and the balance of the dispute resolution provisions shall remain in full force and effect.

  1. JURY TRIAL & CLASS ACTION WAIVER

YOU ACKNOWLEDGE AND AGREE THAT: (I) YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY AND YOUR RIGHT TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION; AND (II) YOU MAY BRING ANY CLAIMS AGAINST WELLOW ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. FURTHER, THE ARBITRATOR CANNOT GROUP YOUR CLAIM WITH ANY OTHER CLAIMS, CAUSES OF ACTION, OR DISPUTES.

  1. MISCELLANEOUS

Our failure to enforce any provision of the Terms will not constitute a waiver. If any provision of the Terms is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability will not affect the effectiveness or validity of any provision in any other jurisdiction, and the Terms will be reformed, construed and enforced in such jurisdiction as if such provision had never been contained herein. Any headings or titles herein are for convenience only and will not affect in any way the meaning or interpretation of the Terms. Any proceedings arising from or relating to our products, Site or Content, exclusively shall be made in, the English language. Nothing contained in the Terms is intended to prevent WELLOW from complying with law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by WELLOW with respect to such use. To the extent permitted by applicable law, rule, or regulation, no presumption or burden of proof will arise by virtue of the authorship of the Terms. WELLOW will not be liable for any acts or omissions resulting from circumstances or causes beyond our reasonable control. There are no third-party beneficiaries to the Terms. You may not assign or transfer these Terms or any of your rights or obligations under these Terms, by operation of law or otherwise, without WELLOW’s prior written consent. Any attempt by you to assign or transfer any of your rights or obligations under these Terms without such consent will be null and of no effect. The Terms, including our Terms of Use and Privacy Policy constitute the entire agreement between you and WELLOW with respect to your purchase and use of our products and use of the Site and Content, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written.

Notice for California Residence

Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice: If you have a question or complaint regarding Site, please send an email to support@wearwellow.com or call us at 646-793-9264  California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

© 2021 WELLOW Inc. All rights reserved.