Terms and Conditions of Sale

THESE TERMS AND CONDITIONS OF SALE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU, THE CUSTOMER (“YOU” OR “YOUR”), AND WHIMSYWRAPS, A BUSINESS OPERATING THE WEBSITE WHIMSYWRAPS.COM, WITH A PLACE OF BUSINESS IN LANGLEY, BC, CANADA ("WHIMSYWRAPS", "WE" OR "OUR"). PLEASE READ THIS AGREEMENT ("AGREEMENT") IN ITS ENTIRETY BEFORE YOU CONTINUE WITH YOUR ORDER. BY PLACING AN ORDER WITH WHIMSYWRAPS (“ORDER”), YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND 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.

1. 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 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 or product.
    
2. PAYMENTS
   Our website uses Secure Sockets Layering (SSL) to encrypt your personal information, including your credit card number, before it travels over the Internet. We accept online payments via VISA, MasterCard, and American Express, or transfers from your PayPal account. Please be sure to provide your exact billing address and telephone number (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.
    
3. 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/ordering process, or at WhimsyWraps’ discretion, using a similar shipping method by an alternate carrier. Consider any estimated shipping, delivery date or transit time offered to you by WhimsyWraps 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 and other international destinations may be delayed due to heightened customs inspection and border security. WhimsyWraps cannot be held responsible for any delays caused by international customs agencies or port of entry inspections.
   
   All Orders purchased from WhimsyWraps are delivered to you by a delivery company that has no relation to WhimsyWraps. You shall become the owner of the product(s) and shall assume the risks of loss at the time of delivery by WhimsyWraps of your Order to the third party delivery company. WhimsyWraps is not responsible for any loss of products following shipment from WhimsyWraps’ or its agents’ facilities to your delivery address. WhimsyWraps shall not be responsible for any damages or costs resulting from any delays in delivery.
   
   WhimsyWraps will ship your Order to the address indicated in your Order confirmation. If you provide an incorrect or old delivery address when placing your Order and the package is returned to us, you will be responsible for a re-shipping fee to have the package re-shipped to your correct delivery address. In the case of UPS shipments, UPS may attempt to contact you to verify and correct your delivery address. WhimsyWraps is not responsible for any address correction, re-delivery, or redirection fees that may be charged by shipping providers when a delivery address is changed after your package has shipped. These charges are accessed by the shipping company and will be due (COD) when you receive your package.
    
4. 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 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. Orders shipped for free may not be insured with carriage coverage; if you wish to have your package insured, select a paid shipping method.
    
5. PROOF APPROVAL
   If you select “NORMAL” Order Processing at checkout, you will receive an emailed proof for personalized products for your approval before production begins. This is usually within 1-2 business days after WhimsyWraps receives your Order. A proof cannot be prepared prior to payment. 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. We cannot proceed with the printing, packaging and shipping of your Order until we receive your approval on this proof. If your approval is not received in a timely manner, it may delay the shipment of your Order, and WhimsyWraps will not be held responsible for late delivery of your Order.
   
   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.
    
6. 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 email. Your Order will be held until all products on your Order become available.
    
7. DUTIES, TAXES, BROKERAGE, COD FEES
   All Orders are shipped from our Canadian office in British Columbia. 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. These charges are brokered by the shipping company and will be due (COD) when you receive your package.
    
8. CANCELING AN ORDER
   If your Order is cancelled within 24 hours of the time it is placed and you have not yet received a proof, there is no fee to cancel. After 24 hours, or if you have already received a proof, a cancellation fee of $20.00 CDN will apply. The cancellation fee is charged per design in an Order. If an Order is cancelled after printing but before shipping, we can only refund the shipping charges. You cannot cancel an Order once it has been shipped. Cancellation fees will be deducted from the refund amount. For “RUSH” Orders, we will charge a $15.00 non-refundable rush processing fee, as well as the $20.00 cancellation fee, upon Order placement. Cancellation fees do not apply to non-personalized, non-customized items. Please review our cancellation policy.
    
9. RETURN POLICY
   Please review our return policy. Your satisfaction is very important to us. Please contact us if you have any questions or concerns about your Order.
    
10. 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 shall have the right to refuse or cancel any Orders placed for product listed at the incorrect price. WhimsyWraps 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 shall immediately issue a credit to your credit card or PayPal account in the amount charged.
     
11. CUSTOMER UPLOADED PHOTOGRAPHS AND ARTWORK
    When submitting a photograph or other artwork for use in your Order, you warrant:
    • that you are the owner of the photograph or artwork (or have the appropriate license to use the photograph or artwork);
    • that it does not infringe any third party's copyright, license, patent, trademark, trade secret or any other proprietary rights or rights of privacy; and
    • that the photograph or artwork 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).
       
    YOU AGREE TO INDEMNIFY AND HOLD WHIMSYWRAPS, ITS SUBSIDIARIES, OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES, HARMLESS AGAINST ALL LOSSES, DAMAGES, OR EXPENSES OF WHATEVER FORM OR NATURE, INCLUDING ATTORNEYS' FEES AND OTHER COSTS OF LEGAL DEFENSE, WHETHER DIRECT OR INDIRECT, THAT THEY OR ANY OF THEM MAY SUSTAIN OR INCUR AS A RESULT OF ANY CLAIM OR DEMAND, 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.
    
    WhimsyWraps makes no claims as to the runablility or reproducibility of customer submitted photographs or artwork. Exact colour matches cannot be guaranteed. Artwork is printed to your specification and WhimsyWraps does not warrant that the product will meet your expectations. WhimsyWraps will not be responsible for any mistakes, omissions, or wrapper defects overlooked by you.
    
    By submitting photographs or other artwork to WhimsyWraps, you grant WhimsyWraps a license to use your photograph or artwork in the product design.
     
12. COPYRIGHT AND OWNERSHIP
    All product designs created by WhimsyWraps are copyright © WhimsyWraps 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 all product designs shall remain the exclusive property of WhimsyWraps 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 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.
    
    Where you have submitted a design in a ready to print format, you will retain all copyrights in the material.
     
13. DESIGN CREDIT
    You agree to allow WhimsyWraps to place a small credit on printed items. This will be in the form of a small 6 pt line of text, usually placed on the back in the lower right corner of the printed item, though WhimsyWraps reserves the right to change the placement of the credit at its sole discretion. WhimsyWraps reserves the right to photograph and/or distribute or publish for promotional and marketing needs any product designs created by WhimsyWraps, including concepts, mock-ups and final artwork, as samples, promotional materials, and similar media, including but not limited to the WhimsyWraps.com website, social media websites, and other online services.
     
14. LIMITATION OF LIABILITY
    IN NO EVENT SHALL WHIMSYWRAPS, ITS 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 WHIMSYWRAPS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. YOU AGREE THAT WHIMSYWRAPS MAXIMUM LIABILITY ARISING FROM ANY ORDER OR PRODUCT SOLD SHALL NOT EXCEED THE PRICE OF SUCH ORDER OR PRODUCT.
     
15. GOVERNING LAW AND VENUE
    This Agreement shall be exclusively 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.
    
    You agree that any and all disputes arising from the use of this website or this Agreement, shall be settled by binding arbitration, except that you may assert claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. Notwithstanding the foregoing, however, WhimsyWraps 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, such action is necessary or desirable.
     
16. NO WAIVER, SEVERABILITY
    No action of WhimsyWraps, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of the terms of this Agreement. If any provision of this Agreement is judicially held to be void or unenforceable, such nullity or unenforceability shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect to the fullest extent permitted by law.
    
    We reserve the right to change these Terms and Conditions of Sale, information and available contractual license terms featured on this website without notice.
     
17. CONSENT TO USE OF ELECTRONIC DOCUMENTS
    You hereby consent to the exchange of information and documents between you and WhimsyWraps over the Internet or by email, and that this Agreement together with any applicable Order confirmation(s) accepted by WhimsyWraps in electronic form shall be the equivalent of an original written paper agreement between us. You further agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
     
18. NOTICES
    Any notice or other communication to be given hereunder will be in writing and given by electronic mail, to the following email address:
     
19. ENTIRE AGREEMENT
    This Agreement constitutes the entire understanding and agreement between you and WhimsyWraps with respect to the subject matter hereof.

Last updated November 12, 2017