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WhimsyWraps.com Terms and Conditions of Sale
TERMS AND CONDITIONS OF SALE:
THESE TERMS AND CONDITIONS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND WHIMSYWRAPS.COM. ("WHIMSYWRAPS" "WE" OR "OUR"). PLEASE READ THIS AGREEMENT ("AGREEMENT") IN ITS ENTIRETY BEFORE YOU CONTINUE WITH YOUR ORDER. BY PLACING AN ORDER WITH WHIMSYWRAPS.COM, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU ALSO AGREE TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS, INCLUDING EXPORTS AND RE-EXPORT CONTROL REGULATIONS. IF YOU DO NOT AGREE, DISCONTINUE USING THIS SITE.
ORDER ACCEPTANCE POLICY
Your submission of an order or receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. WhimsyWraps.com reserves the right at any time after receipt of your order to accept or decline your order for any reason or to supply less than the quantity you ordered of any item.
PAYMENTS
We accept online payments via PayPal. This secure payment process allows us to accept credit card payments such as VISA, MasterCard, and American Express or transfers from your PayPal account. There is no surcharge for using your credit card or PayPal account to make purchases with WhimsyWraps.com. Please be sure to provide your exact billing address and telephone number (i.e. the address and phone number your credit card bank has on file for you). Incorrect information will cause a delay in processing your order. Your credit card or PayPal account will be billed, in full, upon placing your order.
We do not accept any other forms of payment, including but not limited to Money Orders, Cashier's Checks, Company Checks, or Personal Checks.
SHIPPING POLICY
Orders are not shipped on Saturday, Sunday or regular US/Canadian Holidays. We cannot guarantee when an order will arrive. Orders will ship using the shipping method you selected during the checkout process, or at WhimsyWraps.com discretion, using a similar shipping method by an alternate carrier. Consider any shipping or transit time offered to you by WhimsyWraps.com or other parties only as an estimate. We encourage you to order in a timely fashion to avoid delays caused by shipping or product availability. Delivery to the US may be delayed due to heightened customs inspection and border security. WhimsyWraps.com can not be held responsible for any delays caused by international customs agencies or port of entry inspections.
FREE SHIPPING OFFER
If our free shipping offer is in effect at the time of your order and your order qualifies for free shipping then during the checkout process you will be offered free shipping as one of the shipping methods available to you. If you select free shipping, WhimsyWraps.com will ship your order using the most economical method available, at our discretion. Orders with free shipping may also receive a lower priority in our order process and may take slightly longer to process.
PROOF APPROVAL
If you select NORMAL Order Processing at checkout, you will receive an e-mailed proof for personalized products for your approval before production begins. This is usually within 1-2 business days after receiving your order. Although every effort is made to produce the finest possible artwork, errors may occur. Please check your proof carefully for typos, grammatical errors and content. Following your approval of this proof we will start to print and package your order. If additional proofs are required an additional charge may apply.
If you select FAST or RUSH Order Processing at checkout, you will NOT receive a proof of your personalized items. This will speed the processing and shipment of your order. If you indicate that you do not require a proof, we cannot be held responsible for any errors or omissions on your printed wrappers. Please check the personalized message for each item carefully for typos, grammatical errors and content before placing your order. We will print your personalized message exactly as you have written it on your order.
MULTIPLE PRODUCT ORDERS
For a multiple product order, we will ship all products contained in the order at the same time. If one or more products are unavailable at the time of shipping, we will notify you via e-mail. Your order will be held until all products on your order become available.
DUTIES, TAXES, BROKERAGE, COD FEES
All orders are shipped from our Canadian office. If your order is shipped to a US or International shipping address you may be required to pay duties and taxes when your package clears the border. These duties and taxes are not added to your order by WhimsyWraps.com. These charges are brokered by the shipper and will be due (COD) when you receive your package. For more information, please review our FAQ on Customs Delays, Duties and Taxes.
CANCELING AN ORDER
If your order is canceled before we have started processing your order, then there is no cancellation charge. If your order is canceled after we have begun processing your order but before printing personalized items, there will be a cancellation charge of $5 or 10% for a non-photo item (whichever amount is greater)and $10 or 10% for a photo item (whichever amount is greater) . The cancellation fee is charged per design in an order. If an order is canceled after printing but before shipping, then we can only refund the shipping charges. There is no cancellation after shipping. Cancellation fees will be deducted from the refund amount.
RETURN POLICY
Products that are personalized can't be returned for a refund. If there is an error on your order that does not appear on the proof you have approved we will re-print your order for free and we will ship whatever method needed at our cost to make sure your order gets to you on time. If you make an error on your order, we can re-print wrappers only at the "Wrappers Only" price (see item detail page for current pricing) and ship them to you at your cost to re-wrap yourself. This is essentially a new order to replace your original order. Please contact us within 7 days of product receipt (or sooner depending on your date needed) so that there is time to correct any problems or errors. For more information, please review our return policy.
Please note, the colors as well as brightness or darkness or colors you see on your screen may differ from the actual colors. The settings, quality, and calibration of your monitor determine the variation.
If an order arrives damaged (other than melting issues), we must be notified within 5 business days of you receiving the package. This is a requirement of the shipping carrier. You must keep your original box and packaging as the shipping carrier may need to inspect it.
Due to the nature of chocolate products, WhimsyWraps.com cannot be held responsible for chocolate bars that melt or are otherwise damaged during shipment. However, we will do our best to ensure that your product arrives safely.
Selecting the appropriate shipping method so that your order will arrive by the date needed is the responsibility of the customer. We are not responsible for any delays the shipping carrier may have in delivering your package to you or delays due to invalid or incomplete shipping addresses entered by the customer at the time the order was placed.
TYPOGRAPHICAL ERRORS AND OMISSIONS:
In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, WhimsyWraps.com shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. WhimsyWraps.com shall have 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 canceled, WhimsyWraps.com shall immediately issue a credit to your credit card or PayPal account in the amount charged.
UPLOADED PHOTOGRAPHS:
When submitting a photograph, you warranty that you are the owner of the photograph (or have permission); that it is not a counterfeit or stolen item; that it does not infringe any third party's copyright, license, patent, trademark, trade secret or any other proprietary rights or rights of privacy; that the photograph does not violate any law, statute, ordinance or regulation (including without limitation those governing import/export control, consumer protection, unfair competition, anti-discrimination or false advertising); that the photograph will not be obscene or contain child pornography; and that the photograph shall not create liability for WhimsyWraps.com. You agree to indemnify and hold WhimsyWraps.com, its subsidiaries, affiliates, officers, directors, agents and employees, harmless from any claim or demand, including but not limited to reasonable attorney's fees, made by any third party due to or arising out of your breach of this agreement and/or your violation of any law or the rights of any third party. We also reserve the right to refuse to process any order we deem to be offensive in any manner.
COPYRIGHT AND OWNERSHIP:
All product designs are copyright © 2010 WhimsyWraps.com and/or its suppliers. Your submission of an order or payment for an order does not constitute any transfer of license or ownership of the product designs and shall remain the exclusive property of WhimsyWraps.com or its licensors unless otherwise expressly agreed. Product designs may not be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without WhimsyWraps.com prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
LIMITATION OF LIABILITY:
IN NO EVENT SHALL THE COMPANY, OWNERS, ITS PARENT, SUBSIDIARIES, OR AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AGENTS BE LIABLE FOR DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO, LOSS OF DATA, USE, OR PROFITS), HOWEVER CAUSED, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE, OR OTHERWISE, AND WHETHER OR NOT THIS COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. YOU AGREE THAT THE COMPANY PARTIES MAXIMUM LIABILITY ARISING FROM ANY PRODUCT SOLD SHALL NOT EXCEED THE PRICE OF SUCH PRODUCT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTIONS LAW IS APPLICABLE TO THIS AGREEMENT.
LINKS
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that WhimsyWraps.com is not responsible for the operation of or content located on or through any such site.
GOVERNING LAW AND VENUE
This Agreement shall be interpreted, construed and governed by the laws of the Province of British Columbia, Canada, without reference to its laws relating to conflicts of law or the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods. Venue for all disputes arising under this Agreement shall lie exclusively in the Supreme Court of the Province of British Columbia, Canada. You agree that any and all disputes arising from the use of this website, or the ordering of materials from this website, shall be settled by binding arbitration. Notwithstanding the foregoing, however, WhimsyWraps.com shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-Canadian court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of WhimsyWraps.com, such action is necessary or desirable.
NO WAIVER, SEVERABILITY
No action of WhimsyWraps.com, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these Terms and Conditions of Sale. Should any clause of these Terms and Conditions of Sale be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.
We reserve the right to change these Terms and Conditions of Sale, information and available contractual license terms featured on this website without notice. These conditions set out the entire agreement between WhimsyWraps.com and you relating to your purchase.
EXCLUSIONS
Any rights not expressly granted herein are reserved.
