Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Accessing the Website
By accessing the website, you warrant and represent to the website owner that you are legally entitled to do so and to make use of information made available via the website.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Wake Essentials. The collective work includes works that are licensed to Wake Essentials. Copyright 2003, Wake Essentials ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Wake Essentials or purchasing Wake Essentials products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Wake Essentials or to purchase Wake Essentials products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Wake Essentials. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All Product prices are in US Dollars and are inclusive of Oklahoma state added tax (where applicable), at the appropriate rate, and are correct at the time that the Product Description was first entered on to the Website. Prices of Products may change from time to time and any promotional discounts or offers may also be withdrawn at any time.
Although we try to ensure all our Product's prices displayed in the Product Description are accurate, errors may sometimes occur. If we discover an error in the price of a Product you have ordered we will be unable to accept your Order and shall contact you as soon as possible in order to give the option of either reconfirming your Order at the correct price or cancelling it. If we are unable to contact you, we will treat your Order in respect of the incorrectly priced item as cancelled.
All trademarks, service marks and trade names of Wake Essentials used in the site are trademarks or registered trademarks of Wake Essentials
Product Descriptions on our Website
We will take all reasonable care to ensure that all Product Descriptions are correct at the time when the relevant information was first entered onto the Website. We have made every effort to display as accurately as possible the appearances, colors, textures or finishes of our Products. What you see will depend on your computer equipment, screen or monitor and we are therefore unable to guarantee that a Product's images are an accurate representation of the actual merchandise. Please refer to our Returns Policy if you are unhappy with your Order.
The Website features Products that have been carefully selected for sale on the Website. Products are subject to availability so once a Product has sold out it will be taken off the Website at the earliest opportunity and may not be available again. As there is a delay between the time when your Order is placed, and the time when the Order is accepted, the stock position relating to particular Products may change. If a Product you have ordered goes out of stock before we accept your Order, then Wake Essentials shall not be liable to you for being unable to provide that Product. If such a situation arises, then we shall notify you as soon as possible and you will not be charged for the out of stock Product.
Ordering on our Website
1. Find the products you want (and customize if applicable).
2. Add the products to your shopping cart.
3. Proceed to checkout.
4. Select delivery and billing options.
5. Review your order.
6. Submit your order.
7. Receive an online order confirmation.
You are bound by your order once you have clicked the “Submit order” button at the end of the ordering process. By clicking the “Submit order" button, you send your order to us as it is displayed in the final check out screen. Once we have received your order, an automated confirmation of receipt will be displayed on the Website, which contains your order number and the details of your purchase. The purchase agreement has now been concluded. A copy of the automated order confirmation will be sent to your e-mail address. We strongly suggest that you print or download this copy for future reference.
We explicitly reserve the right not to accept your order, or to cancel the purchase agreement after the automated order confirmation.
Our right to not accept your order or cancel your purchase.
We reserve the right to refuse any order for whatever reason. We also reserve the right to cancel any purchase (an order already accepted by us) in (amongst others) the following situations, without being liable for any damage or costs:
* the product is not available / in stock (any payments will be refunded);
* your billing information is not correct or not verifiable;
* your order is flagged up by our security systems as an unusual order or an order susceptible to fraud;
* your bank transfer payment is not received within 12 calendar days after acceptance of your order;
* there was an error in the price quote;
* we could not deliver to the address provided by you.
Returns, Refunds, and Cancellations
Several items purchased from Wake Essentials are drop shipped from our vendors. Within 30 days of receiving your order from Wake Essentials, you may return any non-special order or non-custom product. Return items must meet the following criteria. (1) All parts must be in "new, unaltered, and unused" condition and original packaging. (2) Product(s) cannot be assembled, installed, or damaged. (3) A Wake Essentials representative must be notified of the return. Items that do not meet these criteria will be returned to you and you will be charged for return shipping. All returns will incur a twenty percent (20%) restocking fee. Freight charges are not refundable
Cancelled orders must be submitted via email to Wake Essentials. All cancellation submissions must be submitted and received within two (2) business days of placing your order. Cancelled orders may be subject to an order cancellation fee and/or a stop shipment fee. Any orders refused or returned at time of delivery without an approval from Wake Essentials will be charged and twenty percent (20%) restocking charge on the entire order and return shipping costs back to you. Freight Charges are not refundable. Wake Essentials is not responsible for any installation errors or labor that occurs as the result of the installation of any wrong or defective parts.
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Wake Essentials disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Wake Essentials does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Wake Essentials does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Wake Essentials shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Wake Essentials has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a Wake Essentials product is mistakenly listed at an incorrect price, Wake Essentials reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Wake Essentials reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Wake Essentials shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Wake Essentials without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Wake Essentials may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Wake Essentials.
Your use of this site shall be governed in all respects by the laws of the state of Oklahoma, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Wake Essentials products) shall be in the state or federal courts located in Oklahoma. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Wake Essentials products) must be commenced within one (1) year after the claim or cause of action arises. Wake Essentials's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Wake Essentials may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Wake Essentials or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Wake Essentials does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Wake Essentials is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Wake Essentials reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Wake Essentials in its sole discretion.
You agree to indemnify, defend, and hold harmless Wake Essentials, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, Wake Essentials may link to sites operated by third parties. However, even if the third party is affiliated with Wake Essentials, Wake Essentials has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Wake Essentials. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Wake Essentials seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).