Terms of Use


PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

The Wakeheart LLC “Terms of Use” govern the use of this website and the purchase of any products from it. The website is owned and operated by Wakeheart LLC.

In the context of this website, “we”, “our” and “us” means www.wakeheart.com and “you” and “your” means you, the user or customer of this website. If you do not agree with these terms of use, please do not use this site.

If you require more assistance you can contact us by emailing www.wakeheart.com and you will receive a response within 24 hours.

COPYRIGHT

The entire content published on this site, including but not limited to text, graphics or code is copyrighted under copyright laws, and is the sole property of www.wakeheart.com. Copyright {2018}, Wakeheart LLC. 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 www.wakeheart.com. Without obtaining our prior written consent, any other use, including but not limited to the reproduction, modification, distribution, display or transmission of the content of this site is strictly prohibited. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

TRADEMARKS

All trademarks, service marks and trade names of www.wakeheart.com used in the site are trademarks or registered trademarks of Wakeheart LLC.

INTELLECTUAL PROPERTY RIGHTS

You acknowledge and agree that all copyright, designs, the “look and feel” of the Site, trademarks and all other intellectual property and material rights relating to the Content as herein described, including Wakeheart LLC. Software and all HTML and other code contained in this Site shall remain at all times vested in Wakeheart LLC. and/or are the property of their respective owners. All such Content, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this Site are protected by federal and provincial laws and regulations and international treaty provisions. You are permitted to use the Content only as expressly authorized by Wakeheart LLC. and/or its third party licensors. Any reproduction or redistribution of the above-listed Content is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law. Without limiting the foregoing, copying and use of the above-listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited.

CHANGES TO TERMS

We reserve the right to make changes to these Terms of Use at any time should those changes be required for a successful technological and legal operation of this site. You should check these Terms of Use regularly for such changes.

CHANGES TO PRODUCTS AND PRICES

We reserve the right to make changes to the products and prices listed on the site, and to other content of this website, at any time without notice.

While we do our best to ensure that product descriptions on our website are accurate, some inaccuracies, typographical errors or misinterpretations may occur. We reserve the right to correct such inaccuracies or typographical errors as they are identified.

RETURNS & EXCHANGES

All Wakeheart Fragrances are considered FINAL SALE items and are not eligible for returns or exchange.

APlease contact us at support@wakeheart.com for further information.

SECURITY & PAYMENT

Your financial & identity protection is our most important priority. That is why we process all payments through Shopify Payments, PayPal, Amazon Pay and Quadpay, which are some of the safest & most secure payment processing systems in the world.

DUTIES AND TAXES

All prices indicated on this website do not reflect any or all of the international duties, taxes, or other customs charges that the package may encounter when it arrives in its final destination. Please contact the customs agency officials to find out of all applicable taxes and duties (if any). Those charges vary greatly from country to country and will not be covered by Wakeheart LLC.

RESOLVING YOUR CONCERNS

If you have any concerns with or do not understand, our Terms of Use, we welcome you to contact us and we will make every effort to address and resolve your concerns. Feel free to contact us by email address at support@wakeheart.com and we will respond within 24 hours.

Failed Deliveries | Refused Shipments | Incorrect Address

Your order will normally be shipped via DHL or USPS to the address provided. Tracking numbers are sent to your email address as soon as we receive them from our warehouse. If you do not receive a tracking number, please let us know. Use your DHL or USPS tracking number to track your package in transit.

Incomplete or incorrect address information is the primary cause of delayed shipments. Check the information on your order. Make sure you have included ALL the information (address, apt#, etc.) needed to deliver your package. DHL charges a service fee for address corrections. The customer will be responsible for the payment of additional fees caused by the wrong address information.

DELIVERY OF ITEMS

Wakeheart LLC does not take responsibility for products that have been marked as delivered by the shipping provider but have not been received. Please contact the shipping provider in case of such issue. 

What does it mean when an item is on Pre-Order?

Popular items may sell out quickly and temporarily be out of stock. This means the items are on their way back to be restocked But in the meantime, you can reserve your Wakeheart selections on pre-order before its gone again. Pre-ordering is a worry-free way to ensure that you will be first in line for the new inventory and the item which you pre-ordered, will be shipped to you as soon as we receive it!

  • Any additional items you ordered in the same order as your pre-order item will be shipped out immediately and any pre-orders will be held as a back-order until it arrives.  
  • The pre-ordered items will automatically ship out as soon as we receive the item in the order which they were placed.
  • You will be notified via a shipment confirmation email (and a tracking number) once your pre-ordered items have shipped. No need to contact customer support to follow up on a pre-ordered item. We will update you on the status from here on out.
  • We will do our best to estimate* when pre-ordered items are expected to ship, so visit our website for new updates and new item lookouts.  

*Shipping dates are subject to change and are not set in stone. We would love to promise the exact shipping dates for you, but there are unforeseen circumstances that may happen (customs, weather conditions, etc). So we greatly appreciate your understanding. But we promise this, you will definitely enjoy your Wakeheart products!

Wakeheart Messaging Terms & Conditions

You agree to receive recurring automated marketing and informational text (e.g., SMS and MMS) messages from Wakeheart, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply.

Message frequency will vary. Wakeheart reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Wakeheart also reserves the right to change the short code or phone number from which messages are sent.

Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Wakeheart, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.

You also agree to our Wakeheart Terms of Use and Wakeheart Privacy Policy.

Cancellation

Text the keyword STOP to 88209 to cancel. After texting STOP to 88209 you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP keyword command and agree that Wakeheart and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Wakeheart through any other programs you have joined until you separately unsubscribe from those programs.

Mobile Phone Number Change

In the event that you change or deactivate your mobile phone number, you agree to notify Wakeheart by visiting https://support.attentivemobile.com/help/

Problems?

If you are experiencing any problems, please visit https://support.attentivemobile.com/help/ and submit the form with details about your problem or your request for support.

Contact

This message program is a service of Wakeheart, located at 6600 Sunset Blvd, Los Angeles, California 90028.

Dispute Resolution

  1. General. In the interest of resolving disputes between you and Wakeheart in the most expedient and cost effective manner, you and Wakeheart agree that any dispute arising out of or in any way related to these messaging terms and conditions ("Messaging Terms") or your receipt of text messages from Wakeheart or its service providers will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Messaging Terms, or your receipt of text messages from Wakeheart or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a claim arises. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND Wakeheart ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
  2. Exceptions. Notwithstanding subsection (a) above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or Wakeheart to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.
  3. Arbitrator. Any arbitration between you and Wakeheart will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Messaging Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Wakeheart. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
  4. Notice; Process. If you or Wakeheart intends to seek arbitration, then the party seeking arbitration must first send a written notice of the dispute to the other party by U.S. Mail ("Notice"). Wakeheart address for Notice is: 6600 Sunset Blvd, Los Angeles, California 90028, Attn: Chief Executive Officer. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). You and Wakeheart will make good faith efforts to resolve the claim directly, but if you and Wakeheart do not reach an agreement to do so within 30 days after the Notice is received, you or Wakeheart may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Wakeheart must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. (e) Fees. If you commence arbitration in accordance with these Messaging Terms, Wakeheart will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. If the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Wakeheart for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. You and Wakeheart agree that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from you or Wakeheart made within 14 days of the arbitrator's ruling on the merits.
  5. No Class Actions. YOU AND Wakeheart AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Wakeheart agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
  6. Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these Messaging Terms, if Wakeheart makes any future change to this arbitration provision, other than a change to Wakeheart address for Notice, you may reject the change by sending us written notice within 30 days of the change to Wakeheart address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Wakeheart.
  7. Enforceability. If an arbitrator decides that applicable law precludes enforcement of any of the limitations of subsection (f) above (addressing class, representative and consolidated proceedings) as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in court. If any other provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Messaging Terms shall remain in full force and effect.

Changes to Messaging Terms

We reserve the right to terminate or change our messaging program at any time. We also reserve the right to change these Messaging Terms at any time and such changes will be effective immediately upon posting. Your continued enrollment following such changes shall constitute your acceptance of such changes.

Please contact us at support@wakeheart.com for further information.

Giveaway Terms

https://wakeheart.com/pages/enterlight-giveaway

 

Schedule 1. Terms and Conditions

1. You are shopping on a merchant’s website (the “Merchant”).

2. If you place a Qualifying Customer Order, the Product(s) that you are purchasing will be sold first by the Merchant to Passport Global Inc (“Passport”), and then by Passport to you under these Terms and Conditions. Your payment information, shipping address, and any additional information required or requested to complete your order will be shared directly with Passport and its nominated agents and contractors, in order to enable Passport to complete your Qualifying Customer Order.

3. Your Qualifying Customer Order is subject to: (1) these Terms and Conditions; and (2) any relevant terms and conditions imposed by the Merchant. By completing your purchase, you confirm that you have read and agree to be bound by all of these. By placing a Qualifying Customer Order on the Merchant’s website, you understand and agree that:

3.1 You are dealing with and providing your information to Passport. Passport may contact you about your order.

3.2 If there is an error in the price listed for a Product on the Merchant’s website, or in the price applied to the product during the sale of and processing of your order for the Product, Passport and its nominated agents are entitled to contact you, correct the price, and/or cancel your order.

3.3 The Merchant remains responsible for handling payment for your order.

3.4 Once your payment is processed, ownership in the items will shift from Passport, to you.

3.5 Certain addresses will be ineligible for shipment, such as PO box addresses.

3.6 Passport may refuse service, refuse to process or complete Qualifying Customer Orders, remove or edit content, or cancel such orders for any reason or for no reason, in its sole discretion.

3.7 If you are under the age of majority in the jurisdiction in which you reside, approval of your parent or guardian is required to complete your purchase.

3.8 You authorise Passport and its nominated agents and contractors to perform any of the following activities in connection with the delivery of any Products: (i) to act as your agent to make and file customs declarations and all related actions as your direct representative, which expressly includes completing any documents, amending product or Harmonised System codes, and paying any duties, taxes or penalties required under applicable laws and regulations; (ii) to act as forwarding agent for customs import and export control purposes solely for the purpose of designating a customs broker to perform customs clearance and entry; and (iii) to redirect an order to your customs broker or other address upon request by any person whom Passport’s nominated agents and contractors believe in its reasonable opinion to be authorised.

4. Currency. You may select your preferred payment method and currency from a list of options available at the time of checkout. Please note that the relative value of currencies may vary, and as a result, the actual purchase price for items in your order may vary based on the currency selected.

5. Billing. If you use a payment card or other electronic form of payment as your payment type, the charges to your account for your order will be subject to the Merchant’s terms and conditions.

6. Shipping. Items in your order may be shipped via a single shipment, or via multiple shipments. If items in your Qualifying Customer Order are shipped via multiple shipments, or if your order is only partially filled and shipped, you will only be charged for those items that are actually shipped to you.

7. Chargebacks, Fraud Prevention and Void Transactions. For your protection, Passport may use various fraud prevention protocols and policies, and industry-standard verification systems, to reduce fraud and minimize chargeback risks. You must comply with such protocols and policies, including card authentication, and “ship to” and “bill to” address verification. Once an order is placed, you may not change any authenticated payment information or any verified “ship to”/“bill to” address. If there is a systemic error which results in the processing or acceptance of a transaction for which authorisation has been declined, that transaction will be void.

8. Customer Service and Returns. Questions or complaints about your order should be directed to the Merchant in the first instance. Passport may work with the Merchant as necessary to resolve your issue. The Merchant is authorised to allow for returns or refunds on orders in accordance with the Merchant’s policy, including to reimburse you for the original sales prices of Products returned to the Merchant’s nominated address. Passport may however refuse any return requested if a restriction applies to the item for which the return is requested. You accept that your sole remedies are against the Merchant. Where a return by the Customer is authorised by Passport or the Merchant, Passport shall also have the right to return the item to Merchant and accordingly the Merchant shall issue a credit note to Passport and Passport shall provide a credit note to the Customer, and Passport’s direction, ownership and risk in the Products for return shall pass directly to the Merchant. Where a return is authorised by Passport or the Merchant, the Merchant shall, at Passport’s direction and acting in its name, provide a credit note to the Customer to the extent of the value of the Product(s) authorised to be returned directly to the Merchant. In relation to any return of Products to the Merchant, you authorise Passport and its nominated agents to act on your behalf, and to recover for its own account, any import duties and taxes. If required, you will sign any such document that is reasonably required to facilitate the return of the Products and the recovery of any import duties and taxes.

9. General Terms. The following general terms apply whenever you place a Qualifying Customer Order through the Merchant’s website:

9.1 Compliance with Applicable Laws. You certify that any Products purchased through a Qualifying Customer Order will not be imported, exported, sold, or transferred in violation of any applicable laws, including without limitation the United States Export Administration Regulations or applicable United States sanctions and embargoes administered by the United States Treasury Department, and equivalent statutes, regulations and codes of England and Wales or the EU. It is your responsibility to know the laws of the country into which you are importing any Products that you order from the Merchant’s website. By placing a Qualifying Customer Order you certify that the import of the Products you have ordered to the country of the shipping address you have provided does not violate any laws or regulations of that country.

9.2 Privacy. To complete your Qualifying Customer Order you will be providing personal information to the Merchant and Passport and you consent to your personal information being collected, used, processed, disclosed and/or stored by the Merchant and Passport and our service providers as may be required in order to process and complete your order and otherwise provide the services you have requested, in accordance with the Merchant’s and Passport’s Privacy Policy. Passport accepts no liability or responsibility for the collection, use, processing, disclosure or storage of your personal information by the Merchant or any service provider engaged by the Merchant. The collection, use, processing, disclosure and/or storage of your personal information by the Merchant or its service providers is governed by the Merchant’s privacy policy. The Merchant and Passport may analyse transactional data for the purpose of identifying trends, statistics and measurements that could contribute to the enhancement of the Merchant’s Customer experience and/or the services provided by Passport. Any transactional data analysed for these purposes will be aggregated and de-identified, meaning that any personally identifiable information will be removed.

9.3 Electronic Communications. When you place a Qualifying Customer Order through the Merchant’s website, you are communicating with Passport electronically, and you consent to entering into this agreement by electronic means, and to receive communications from Passport electronically/via email.

9.4 Modifications. You acknowledge that Passport may make changes to its system, policies, and these Terms and Conditions at any time. Passport will ensure that the current version of these Terms and Conditions is presented every time you make a Qualifying Customer Order on the Merchant’s website. You are responsible for reviewing these Terms and Conditions each time you make a Qualifying Customer Order. If you do not agree to any change in the Terms and Conditions, you must not complete your order. Any order placed after the effective date of a change will constitute your agreement to the change and to the current Terms and Conditions .

9.5 Severability. If any or any portion of these Terms and Conditions is found to be invalid, void, or for any reason unenforceable, that term or portion of terms will be severed, and will not affect the validity and enforceability of the remaining terms.

9.6 Proceedings. Any action or proceeding arising out of or relating to these Terms and Conditions must be brought in the courts of California, United States, and you hereby irrevocably agree to the jurisdiction of the courts of California, United States for all such purposes.

9.7 Language. The parties have agreed and expressly requested that this agreement and all documents related to it be drawn up in English.

9.8 Definitions. “Member State”, “third country” and “third territories” as defined in Article 5 of Council Directive 2006/12/EEC. “Products” means those goods offered for sale via the Merchant’s website which are not of a class or description subject to any duty of excise whether or not those goods are in fact chargeable with that duty, and whether or not that duty has been paid on those goods, or prohibited or restricted goods were they to be imported into the UK, and which are not subject to any restrictions on export, sale, or transfer in violation of any Applicable Laws. “Product Prices” means the prices including VAT at the appropriate rate of the Products as held out for sale to Customer by the Merchant and accordingly, by Passport to Customer; and “Product Price” means the price of an individual Product. “Qualifying Customer Order” meets all of the following conditions:

(A) It is an order for Product or Products placed via the Merchant’s website which are to be transported from:

 

  • a third country or territory, excluding Northern Ireland (“NI”), to an address in a Member State of the EU (e.g. USA to France);
  • a third country or territory, excluding the UK, or from a Member State of the EU to an address in Great Britain (e.g. Germany to England); or
  • a third country or territory, excluding NI, to an address in NI (e.g. USA to NI); and

 

(B) In relation to the transport of a Product or Products to an address:

 

  • in Great Britain or NI, the total intrinsic value of the Product or Products comprising that order does not exceed £135 (one hundred and thirty five) British Pounds Sterling, or where Products comprising an order exceed that sum but are sent in separate consignments, the intrinsic value of each consignment of which the Product or Products form part does not exceed £135 (one hundred and thirty five) British Pounds Sterling; and
  • in a Member State of the EU, the total intrinsic value of the Product or Products comprising that order does not exceed €150 (one hundred and fifty) Euros, or where Products comprising an order exceed that sum but are sent in separate consignments, the intrinsic value of each consignment of which the Product or Products form part does not exceed €150 (one hundred and fifty) Euros.