General

The purpose of this terms of use agreement (“Terms of Use”) is to set forth the terms and conditions under which Whimsy Kore & Co and/or its affiliated companies (collectively, Whimsykore , “we”, “us” or “our”), make our Internet website (“Site”), as well as any products and services made available thereon, including but not limited to our shipping guarantee policies and services (the “Policy”), (collectively, the Site, Platform, Policy, and other products and services made available through the Site and Platform, the “Services”) and the content and materials available on the Services (the “Content”) available to users (“you” or “your”) and the conditions under which such users may have access to and use such Services and Content. Please read these Terms of Use carefully before using our Services or Content.

BY ADDING SHIPPING PROTECTION TO YOUR PURCHASE AND CONTINUING WITH YOUR PURCHASE, AND/OR BROWSING THE SITE, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF USE, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH WHIMSYKORE, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF USE PERSONALLY. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS SITE OR ANY SERVICES.

We reserve the right to modify these Terms of Use at any time and without prior notice to you. Continued use of any of our Services or Content by you will constitute your acceptance of any revisions to the Terms of Use. Your continued use of the Services or Content will be subject to any such modifications with respect to any use of our Services or Content after such modifications. As such, please check these Terms of Use regularly.

Use of Content

Our Services and the Content are available only for your personal use. You may not use the Services in any other way for any other purpose. Our publication of Content or granting access to any of our Services does not represent, either explicitly or implicitly, any provision of services or products by us, nor does it represent any promise to you that such access to such Content or Services will be available to you now or in the future or that you qualify to receive any of our products or services. We are entitled to modify, reduce, remove or otherwise terminate any of our Services, or any portion thereof including any or all of the services and Content offered thereon, at any time without prior notice to you.

Payments

You agree to pay all fees or charges to your account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. You must provide Whimsykore with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) or PayPal account (“Payment Provider”) as a condition to signing up for the Services. Your Payment Provider agreement governs your use of the designated credit card or PayPal account, and you must refer to that agreement and not the Terms of Use to determine your rights and liabilities. By providing us with your credit card number or PayPal account and associated payment information, you agree that we and our third-party payment provider are authorized to immediately invoice your account for all fees and charges due and payable to us here under and that no additional notice or consent is required. You agree to immediately notify us of any change in your billing address or the credit card or PayPal account used for payment here under. We reserve the right at any time to change its prices and billing methods, either immediately upon posting on the Site or Services, or by e-mail delivery to you.

Whimsykore fees are net of any applicable Sales Tax. If any Services, or payments for any Services, under the Terms are subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Whimsykore, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify Whimsykore for any liability or expense we may incur in connection with such Sales Taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax, and any other tax measured by sales proceeds, that Whimsykore is permitted to pass to its customers, that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.

Privacy and Security

Except as otherwise indicated, our Services and Content, and all rights thereto, are the property of Whimsykore and/or our affiliated companies and are protected under Australian copyright, trade secret, trademark and patent law as well as international treaty provisions, with all rights reserved. Whimsykore and other related graphics, logos, service marks and trade names used on or in connection with the Services belong to Whimsykore and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners.

Except as authorized herein or with our prior written approval, you are prohibited from copying, modifying, displaying, distributing, transmitting, transferring, redelivering, publishing, selling, marketing, renting, leasing, licensing or sub licensing, creating derivative works, or otherwise using or making available to any third party/parties any of our Services or any of the Content for any purpose. Systematic retrieval of data from any of our Services or the Content thereon to create or compile, directly or indirectly, a collection, compilation, database or directory, unless with our express written permission, is prohibited. You agree that you will not, directly or indirectly, reverse engineer, decompile, reproduce or otherwise attempt to derive source code, trade secrets, or other intellectual property from any information, material, or technology included on any of our Services or in the Content. Any attempt to do so is a violation of our rights, and if you breach this restriction, you may be subject to prosecution and damages.

Submissions to Us

Other than your personally identifiable information, any information, ideas, questions, comments, proposals or materials that you submit to us, such as for marketing, advertising, promotions, contests, products, services, devices, processes, trademarks, logos, artwork, music, photos, or videos (“Submissions”), via electronic transmission or otherwise, will be considered non-confidential and non-proprietary. By submitting any Submissions, you grant to us a perpetual, irrevocable, world-wide, royalty-free right and license to use, modify, publish, disclose, or exploit the Submission at our sole discretion.

Disclaimer of Warranty

YOUR USE OF ANY OF OUR SERVICES AND ANY OF THE CONTENT, INCLUDING BUT NOT LIMITED TO MOBILE APPLICATIONS, SERVICES, SHIPPING INFORMATION, POLICY/CLAIM INFORMATION, GRAPHICS, TEXT AND HYPERLINKS OR REFERENCES TO OTHER WEBSITES, IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES IN CONNECTION WITH OUR SERVICES AND THE CONTENT. OUR SERVICES AND ALL CONTENT IS PROVIDED "AS IS", “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHER, WE DO NOT MAKE ANY OTHER REPRESENTATIONS OR WARRANTIES THAT OUR SERVICES OR CONTENT WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED OR FREE FROM ERRORS, THAT ANY ERRORS WILL BE CORRECTED, OR THAT THE SERVICES OR CONTENT WILL BE FREE FROM MALICIOUS SOFTWARE, VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHER, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR RESULTS OF THE USE OF THE SERVICES OR ANY OF THE CONTENT, NOR THE ADEQUACY, ACCURACY OR COMPLETENESS OF THE SERVICES OR ANY CONTENT OR ANY OF THE INFORMATION, PRODUCTS OR SERVICES PROVIDED THROUGH THE SERVICES OR CONTENT. NO ORAL OR WRITTEN INFORMATION GIVEN BY ANY PARTY SHALL CREATE ANY SUCH WARRANTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. IN NEW JERSEY, THE ABOVE DISCLAIMER OF THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE DOES APPLY TO YOU BUT DOES NOT LIMIT OUR LIABILITY FOR A VIOLATION OF A STATUTORILY IMPOSED DUTY.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM, AND YOU AGREE NOT TO HOLD US RESPONSIBLE FOR, ANY LOSSES, DAMAGES, INJURIES, CLAIMS OR OTHER LIABILITY OF ANY KIND, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESSING OR USING OR INABILITY TO ACCESS OR USE ALL OR ANY PART OF ANY OF OUR SERVICES OR ANY OF THE CONTENT, OR YOUR RELIANCE ON SUCH SERVICES AND/OR CONTENT, OR ANY FAILURE OF PERFORMANCE, ERROR, INTERRUPTION, DEFECT, DELAY IN TRANSMISSION, COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS OR CONTENT, OR LINE OR SYSTEM FAILURE ASSOCIATED WITH SUCH SERVICES AND/OR CONTENT, REGARDLESS OF OUR NEGLIGENCE AND/OR KNOWLEDGE THEREOF.

UNDER NO CIRCUMSTANCES WILL WHIMSYKORE BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) THE TOTAL AMOUNT PAID TO WHIMSYKOREE BY YOU DURING THE ONE-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY AND (B) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF WHIMSYKORE FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A COMPANY PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY WHIMSYKORE FRAUD OR FRAUDULENT MISREPRESENTATION. THE LAW IN CERTAIN STATES, INCLUDING NEW JERSEY, MAY NOT ALLOW THE DISCLAIMER OR EXCLUSION OF ANY OR ALL OF SUCH LIABILITY, AND AS SUCH, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NEW JERSEY, THIS PROVISION DOES NOT LIMIT OR EXCLUDE OUR LIABILITY FOR OUR OWN INTENTIONAL TORTS, WILLFUL OR RECKLESS CONDUCT, GROSS NEGLIGENCE, OR VIOLATION OF A STATUTORILY IMPOSED DUTY.

International Users

The Services can be accessed from countries around the world and may contain references to Services and Content that are not available in your country. These references do not imply that Whimsykore intends to announce such Services or Content in your country. Services are controlled and offered by Whimsykore from its facilities in Australia. Whimsykore makes no representations that Services are appropriate or available for use in other locations. Those who access or use Services from other countries do so at their own volition and are responsible for compliance with local law.

 

GUARANTEE AND ADMINISTRATION

Shipping Guarantee

Through our Policy, we provide a shipping guarantee for your online purchases that are lost, damaged or stolen while in transit. We are not licensed to offer insurance but do offer a guarantee to reship the order again to a different address where the package can be received or, if reshipment is not possible, to reimburse the customer for 100% of their purchase cost for the missing item/s (minus the original shipping cost & any guarantee fees).

Excluded Goods

The Policy covers only products that are purchased from the Whimsykore website and excludes gift cards.

Conditions

For domestic shipments, customers must wait ten (10) business days after the scheduled delivery date to file for non-delivery (lost) claims. If damaged, customers must notify Whimsykore within three (3) days of receipt of such shipment. All claims must be filed within thirty (30) days of parcel shipment date to be honored. The customer must provide proof of damage if applicable and any additional documentation requested to substantiate the loss. Coverage does not include shipping costs, handling fees and guarantee fees. All damaged property for which payment (not repair costs), or replacement costs have been made, must, on request, be returned to Whimsykore. Failure to hold the damaged property until the claim is fully resolved will result in the claim(s) being denied. The customer will have one (1) year from the date of the shipment to furnish any required and/or additional documentation requested by Whimsykore in order for the customer to substantiate said claim. Should the customer fail to provide the required and/or additional documentation within one (1) year from the ship date, the customer’s claim will be denied. After the required documentation has been received and accepted by Whimsykore in accordance with all terms and conditions of this coverage, the damaged or missing property will be replaced with like kind, function, and quality as soon as possible. If replacement is not possible, then reimbursement will be made for the product (minus shipping and guarantee fees) as soon as possible.

No suit, action or proceedings for the recovery of any claim under this coverage shall be sustainable in any court of law or entity unless the respective action is commenced within twelve (12) months after discovery by the customer of the issue giving rise to the claim, provided however, that said time limitation is invalid by the state law where this coverage is issued. In that case any such claim shall be void. The customer or Whimsykore may terminate the Policy at any time by giving fifteen (15) days written notice thereof, provided that such termination does not impact a shipment already in transit. Certified notice of cancellation sent to the customer at the last known address shall be deemed sufficient compliance with the conditions of this clause on the part of Whimsykore.

Submission of Claims

Your online purchase has been guaranteed for loss, damage and theft by Whimsykore in accordance with these Terms of Use. If your package is damaged once received or simply does not arrive, please contact our support to file a claim.

All packaging material and damaged goods must be kept in the original form as received. Packaging and damaged goods should not be disposed of or released to the shipping carrier before a claim is completed, as photographs may be required. Failure to comply can result in the denial of the claim due to insufficient packing.

Once a claim has been accepted and approved by Whimsykore, prompt action will be taken to replace the missing or damaged goods as per this policy.