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.

To contact Wicked Peacock: 

17 Dock Square

Rockport, MA 01966

wicked@wickedpeacock.com

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. 

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:

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.

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.

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.

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.

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.

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.

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.

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.

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. 

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.

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.

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:

wicked@wickedpeacock.com