Terms of service

Welcome to Whimsy Nook! By accessing or using our website and services (“Services”), you agree to be bound by the following Terms of Service (“Terms”). Please read them carefully. If you do not agree, do not use our Services.

SECTION 1 – ACCEPTANCE OF TERMS

By accessing or using the Services, you agree to comply with and be bound by these Terms of Service and all applicable laws and regulations. Whimsy Nook reserves the right to update these Terms at any time, and your continued use of the Services constitutes acceptance of any changes.

SECTION 2 – ELIGIBILITY

You must be at least 18 years old or the age of majority in your jurisdiction to use the Services. By using the Services, you represent and warrant that you meet this eligibility requirement.

SECTION 3 – ACCOUNT RESPONSIBILITIES

  • You may need to create an account to access certain features.

  • Keep your login credentials secure.

  • You are responsible for all activity under your account.

  • Notify us immediately if your account is compromised.

SECTION 4 – INTELLECTUAL PROPERTY

  • All content on the Services, including text, graphics, images, logos, and software, is owned by Whimsy Nook or its licensors and is protected by copyright, trademark, and other laws.

  • You may not reproduce, distribute, modify, or create derivative works without prior written consent.

SECTION 5 – USER CONTENT

  • By submitting content (e.g., comments, reviews, or photos), you grant Whimsy Nook a worldwide, royalty-free license to use, reproduce, modify, and display it.

  • Content must not violate any laws or third-party rights.

SECTION 6 – PRODUCT INFORMATION

  • We aim to describe products accurately.

  • Colors may vary slightly due to display settings.

  • Prices and availability are subject to change without notice.

SECTION 7 – ORDERS AND PAYMENTS

  • Orders are subject to acceptance and availability.

  • We reserve the right to cancel orders for any reason, including errors in product descriptions or pricing.

  • Payments must be made through the provided methods.

SECTION 8 – SHIPPING AND RETURNS

  • Shipping times are estimates only.

  • Risk of loss passes to you upon delivery.

  • Our return policy applies to eligible items only.

SECTION 9 – THIRD-PARTY LINKS

  • Services may contain links to third-party websites.

  • We are not responsible for the content or practices of third-party websites.

SECTION 10 – PRIVACY

  • We collect and use personal information as described in our Privacy Policy.

  • By using the Services, you consent to such collection and use.

SECTION 11 – FEEDBACK

  • Any feedback you provide may be used by Whimsy Nook worldwide, royalty-free, and for commercial purposes.

  • You represent that you own the rights to the feedback and that it complies with these Terms.

  • We are not obligated to keep feedback confidential, respond to it, or pay compensation.

  • Feedback must not violate any third-party rights, include malware, or mislead about its origin.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS

  • Information on the Services may contain errors or omissions (e.g., product descriptions, pricing, availability).

  • We reserve the right to correct errors and update information at any time, even after an order is placed.

SECTION 13 – PROHIBITED USES

You may not use the Services to:

  • Engage in illegal, malicious, or harmful activity.

  • Violate any laws or regulations.

  • Infringe on intellectual property rights.

  • Harass, defame, or harm others.

  • Transmit viruses or malicious software.

  • Spam, phish, scrape, or interfere with security features.

Violation may result in suspension or termination of your account without notice.

SECTION 14 – TERMINATION

  • We may terminate your access at any time without notice.

  • Sections on Intellectual Property, Feedback, Disclaimer, Limitation of Liability, Indemnification, and any provisions that naturally survive termination will continue to apply.

SECTION 15 – DISCLAIMER OF WARRANTIES

  • Services and products are provided “as is” and “as available.”

  • We make no warranties regarding accuracy, completeness, or usefulness of content.

  • Use of the Services is at your own risk.

  • Some jurisdictions may not allow disclaimers; local laws apply.

SECTION 16 – LIMITATION OF LIABILITY

  • To the fullest extent permitted by law, Whimsy Nook, Shopify, and affiliates are not liable for direct, indirect, incidental, or consequential damages arising from your use of the Services.

  • This includes lost profits, lost data, errors, or omissions.

SECTION 17 – INDEMNIFICATION

You agree to indemnify and hold harmless Whimsy Nook, Shopify, and affiliates from claims arising from:

  1. Your breach of these Terms,

  2. Your illegal activity or violation of third-party rights, or

  3. Your use of the Services.

We may control the defense, and you must cooperate in providing relevant information.

SECTION 18 – SEVERABILITY

If any provision of these Terms is found unenforceable, the remaining provisions remain in full force and effect.

SECTION 19 – WAIVER; ENTIRE AGREEMENT

  • Failure to enforce a provision does not constitute a waiver.

  • These Terms, along with any posted policies, are the entire agreement between you and Whimsy Nook.

SECTION 20 – ASSIGNMENT

  • You may not transfer your rights or obligations without consent.

  • We may assign or transfer our rights without notice.

SECTION 21 – GOVERNING LAW

These Terms are governed by the laws of the jurisdiction where Whimsy Nook is headquartered. You consent to venue and jurisdiction in such courts.

SECTION 22 – HEADINGS

Headings are for convenience and do not affect the interpretation of the Terms.

SECTION 23 – CHANGES TO TERMS OF SERVICE

  • We may update these Terms at any time by posting changes on the website.

  • Continued use of the Services constitutes acceptance of updated Terms.

SECTION 24 – CONTACT INFORMATION

Questions regarding these Terms should be sent to: contact@whimsynook.com