Terms & Conditions.
These Terms and Conditions outline the rules and regulations for the use of Whimsy Hollow Workshop's (“WHW”) website (the “Site”, the “Service"), located at whimsyhollowworkshop.com.
By accessing this website we assume you accept our Terms and Conditions. Do not continue to use the WHW Site if you do not agree to all of the Terms and Conditions stated on this page.
The following terminology applies throughout the Site, and all other WHW agreements: "Patron", “User”, "You" and "Your" refers to you, the person logged on this website and compliant to WHW’s terms and conditions. "We", "Our" and "Us", refers to WHW. "Party", "Parties", or "Us", refers to both the Patron and ourselves. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Personal Information
Your use of whimsyhollowworkshop.com and submission of personal information is subject to WHW’s privacy policy. Please review our privacy policy, which also governs the Site and informs users of our data collection practices.
2. Cancellations & Return Policy
You may request a cancellation or refund of an order, subject to WHW’s Store Policy. Please review our Store Policy, which also governs the Site.
3. Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall WHW, our affiliates, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
4. Products & Services
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your device’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.
5. Accuracy of Billing & Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
6. User Comments, Feedback & Other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.
You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
7. Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use whimsyhollowworkshop.com strictly in accordance with these terms of use.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof used on the Site, is the property of WHW or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. WHW content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of WHW and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of WHW or our licensors except as expressly authorized by these Terms.
8. Prohibited Uses
In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
9. Children Under Thirteen
WHW does not knowingly collect, either online or offline, personal information from persons under the age of 13. If you are under 18, you may use whimsyhollowworkshop.com only with permission of a parent or guardian.
10. Links to Other Sites
Whimsyhollowworkshop.com may contain links to other websites (“Linked Sites”). Linked Sites are not under control of WHW and WHW is not responsible for the contents of any Linked Site. WHW is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by WHW of the site or any association with its operators.
11. Linking to Our Site
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Site upon request.
If you are interested in linking to our Site, you must inform us by sending an e-mail through our contact form. Please include your name, your organization name, contact information, the URL of your site, a list of any URLs from which you intend to link to our Site, and a list of the URLs on our site to which you would like to link.
By continuously linking to our Site, you agree to be bound to and follow WHW’s linking terms and conditions. We reserve the right to amend these terms and conditions and our linking policy at any time.
No use of Whimsy Hollow Workshop's logo or other artwork will be allowed for linking absent a trademark license agreement.
12. Removal of Links
If you find any link on our Site that is offensive for any reason, you are free to contact and inform us. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
13. Accuracy, Completeness, and Timeliness of Information
WHW makes every reasonable effort to ensure the accuracy and validity of the information provided on its web pages. However, as policies, price points, dates, conditions, and information are continually changing, we reserve the right to change at any time without notice, information contained on this website and make no warranties or representations as to its accuracy.
14. Termination & Access Restrictions
The Site reserves the right, in its sole discretion, to terminate or your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law.
Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Site as a result of this agreement or use of the Site.
The Site's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Site's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by the Site with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and the Site with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Site with respect to the Site.
A printed version of this agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
15. Governing Law
These Terms of Service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of United States.
16. Changes to Terms of Service
We may, at any time, and at our sole discretion, modify these Terms and Conditions of use, including our Privacy Policy, with or without notice to the User. Any such modification will be effective immediately upon public posting. Your continued use of our service and the Site following any such modification constitutes your acceptance of these modified Terms.