Terms of service
Terms of Service
OVERVIEW
Welcome to Whippie's! The terms "we," "us," and "our" refer to Whippie's. Whippie's operates this store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a curated shopping experience (the "Services").
Whippie's is powered by Shopify, which enables us to provide the Services to you.
The following terms and conditions, together with any policies referenced herein (collectively, these "Terms of Service" or "Terms"), describe your rights and responsibilities when using our Services.
Please read these Terms of Service carefully, as they include important information about your legal rights, warranty disclaimers, and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you have obtained permission from a parent or legal guardian to use our Services.
To use our Services, including browsing our store or purchasing products, you may be asked to provide information such as your email address, billing information, payment details, and shipping address.
You represent that all information provided is accurate, current, and complete and that you have the right to provide such information.
You are responsible for maintaining the confidentiality of your account credentials and for activity occurring under your account.
You may not transfer, sell, assign, or license your account to another person.
SECTION 2 - OUR PRODUCTS
We make reasonable efforts to accurately represent our products through photographs, descriptions, measurements, and specifications.
However, product colors and appearance may vary depending on your device, screen settings, materials, and manufacturing processes.
Many Whippie's products are made to order through independent manufacturing and print-on-demand partners. Minor variations consistent with the product description and manufacturing process may occur.
Product descriptions, prices, availability, and specifications may be updated without notice.
We reserve the right to discontinue products or limit quantities offered to any person, geographic region, or jurisdiction, subject to applicable law.
For customized and personalized products, customers are responsible for reviewing their selected options and personalization details before submitting an order.
Nothing in this section limits applicable consumer rights regarding defective, damaged, or misrepresented products.
SECTION 3 - ORDERS
When you place an order, you are submitting an offer to purchase products from Whippie's.
We reserve the right to accept or decline orders in accordance with applicable law.
An order is accepted once we confirm acceptance and payment has been successfully processed.
Please review your order carefully before submitting it, including sizes, colors, quantities, shipping information, and personalization details.
Many products are submitted to production shortly after purchase. Therefore, cancellations and modifications may not be possible once production begins.
If an order must be canceled, modified, or declined, we will attempt to contact you using the information provided during checkout.
Purchases are subject to our Return and Refund Policy.
Products purchased through Whippie's are generally intended for personal or household use rather than unauthorized commercial resale.
SECTION 4 - PRICES AND BILLING
Product prices, promotions, and discounts are subject to change without notice.
The price charged will be the price displayed and confirmed at checkout when your order is submitted.
Unless otherwise stated, listed prices do not include applicable taxes, shipping fees, handling charges, customs duties, or import fees.
Applicable charges will be displayed during checkout when calculated by our store.
Prices and promotions offered on Whippie's website may differ from offers available through third-party marketplaces or other sales channels.
You agree to provide accurate and complete billing and payment information for all purchases.
You authorize the payment method selected at checkout to be charged for the total purchase amount, including any applicable taxes and shipping charges.
Payment processing may be provided through Shopify and other authorized payment service providers.
SECTION 5 - SHIPPING AND DELIVERY
Whippie's works with multiple production and fulfillment partners. Processing, production, and shipping times may vary depending on the product, supplier, destination, and shipping method selected.
Delivery estimates are provided for planning purposes and are not guaranteed unless expressly stated.
Shipping delays may occur due to carrier operations, weather events, customs processing, peak shopping periods, or circumstances outside our reasonable control.
Customers are responsible for providing accurate shipping information.
If you discover an error in your shipping address, contact us as soon as possible at whippiesstore@gmail.com.
We cannot guarantee that an address can be changed once an order has entered fulfillment.
Responsibility for lost or damaged shipments and applicable remedies will be determined in accordance with our policies and applicable law.
For additional information, please review our Shipping Policy.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including original Whippie's branding, text, photographs, graphics, designs, logos, and other original content, are owned by Whippie's or used under applicable licenses or permissions.
These materials may be protected by United States and international copyright, trademark, and other intellectual property laws.
Unless otherwise authorized, you may use our website and its content only for lawful personal, noncommercial purposes.
You may not reproduce, distribute, modify, publish, sell, or commercially exploit protected materials without authorization from the appropriate rights holder, except as permitted by law.
Third-party trademarks, logos, names, designs, characters, and other intellectual property remain the property of their respective owners.
Nothing in these Terms grants you ownership of or a license to intellectual property belonging to Whippie's, Shopify, or any third party, except as expressly permitted.
SECTION 7 - OPTIONAL TOOLS
We may provide access to optional tools, integrations, or services operated by third parties.
These tools may be made available on an "as is" and "as available" basis without warranties or representations from Whippie's regarding their availability or performance.
Use of optional third-party services may be subject to additional terms and privacy policies established by their providers.
You are responsible for reviewing the applicable terms before using these tools.
We may introduce, modify, or discontinue optional features at any time, subject to applicable law.
SECTION 8 - THIRD-PARTY LINKS
Our website may contain links to websites, resources, applications, or services operated by third parties.
Whippie's does not control these external websites and is not responsible for their independent content, policies, or business practices.
Links are provided for convenience and do not necessarily constitute endorsement.
When visiting third-party websites, please review their terms, privacy policies, and applicable conditions.
Any transactions conducted directly with third parties are governed by those parties' respective terms.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
Whippie's is powered by Shopify, which enables us to provide the Services to you.
However, any sales and purchases you make in our Store are made directly with Whippie's.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Whippie's, including any injury, damage, or loss resulting from purchased products and services.
You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Whippie's, to the extent permitted by applicable law.
SECTION 10 - PRIVACY POLICY
All personal information collected through our Services is subject to our Privacy Policy.
Certain information may also be subject to Shopify's Privacy Policy.
Because our store is powered by Shopify, information associated with your use of the Services may be processed by Shopify and authorized third-party service providers to support transactions, fulfillment, communications, security, and related services.
Information may be processed or stored in countries other than your country of residence.
Please review our Privacy Policy for additional information about how personal information is collected, used, disclosed, and protected, as well as any available privacy rights.
SECTION 11 - FEEDBACK
If you submit product reviews, suggestions, comments, photographs, testimonials, or other content to Whippie's (collectively, "Feedback"), you grant Whippie's a nonexclusive, worldwide, royalty-free license to use, reproduce, display, distribute, and adapt such Feedback for lawful business purposes, including customer service, website operations, and marketing, subject to applicable law.
You represent that you own or have the necessary rights to any Feedback you submit.
You agree not to submit content that is unlawful, misleading, defamatory, abusive, infringing, or otherwise violates the rights of others.
We reserve the right to review, moderate, or remove submitted content in accordance with applicable law and our policies.
We are not obligated to compensate customers for unsolicited Feedback unless separately agreed in writing.
SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, our website may contain typographical errors, inaccurate information, or omissions concerning product descriptions, availability, prices, promotions, shipping estimates, or other details.
We reserve the right to correct errors, update information, and modify or cancel affected orders when appropriate and permitted by applicable law.
If an order is affected by a material error, we will attempt to notify you using the contact information provided at checkout.
Any required refund will be issued in accordance with applicable law.
SECTION 13 - PROHIBITED USES
You agree to use our website and Services only for lawful purposes.
You may not:
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Use the Services in violation of applicable laws or regulations.
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Infringe upon the intellectual property rights of Whippie's or third parties.
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Submit fraudulent, false, or misleading information.
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Harass, threaten, abuse, or intimidate other individuals.
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Upload viruses, malicious code, or other harmful software.
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Attempt to gain unauthorized access to our website, accounts, or systems.
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Interfere with website security or functionality.
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Use automated tools to scrape, collect, or misuse information without authorization.
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Impersonate another individual or organization.
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Engage in fraudulent transactions, payment abuse, or other unlawful activities.
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Use our Services in a manner that harms Whippie's, its customers, or service providers.
We reserve the right to restrict or terminate access to our Services when we reasonably determine these Terms have been violated, subject to applicable law.
SECTION 14 - TERMINATION
We may suspend or terminate access to our Services if you violate these Terms or engage in unlawful or harmful activities.
Termination does not eliminate payment obligations or other responsibilities arising before termination.
Provisions concerning intellectual property, liability, indemnification, governing law, and other matters that reasonably should survive termination will continue to apply.
SECTION 15 - DISCLAIMER OF WARRANTIES
We strive to maintain an accurate, functional, and reliable shopping experience.
However, except as expressly provided by Whippie's or required under applicable law, our website and Services are provided on an "as is" and "as available" basis.
We do not guarantee uninterrupted access to the website or that all website features will always operate without errors.
To the fullest extent permitted by applicable law, we disclaim implied warranties, including warranties of merchantability, fitness for a particular purpose, and non-infringement, except where such disclaimers are prohibited by law.
Nothing in this section excludes warranties, guarantees, or consumer protections that cannot legally be waived.
SECTION 16 - LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, Whippie's and its affiliates, partners, contractors, service providers, and representatives will not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages arising from the use of our Services or products.
This may include lost profits, lost revenue, business interruption, loss of data, or similar damages, subject to applicable legal limitations.
Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by law.
This section does not eliminate applicable customer rights concerning defective, damaged, or incorrect products.
SECTION 17 - INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Whippie's, Shopify, and their respective affiliates, partners, officers, employees, contractors, and service providers from third-party claims, liabilities, damages, and reasonable legal expenses arising from:
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Your material violation of these Terms of Service.
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Your violation of applicable laws or regulations.
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Your infringement of the intellectual property or other legal rights of a third party.
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Your unlawful or unauthorized use of our Services.
This obligation applies only to the extent permitted by law and does not require you to indemnify a party for its own unlawful conduct or liability that cannot legally be transferred.
SECTION 18 - SEVERABILITY
If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, that provision will be enforced to the maximum extent permitted by law.
The remaining provisions will continue in full force and effect.
SECTION 19 - WAIVER; ENTIRE AGREEMENT
Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or our right to enforce it in the future.
These Terms of Service, together with our applicable policies and any additional terms expressly presented for particular products or services, constitute the agreement governing your use of our Services.
These Terms supersede prior versions concerning the same subject matter, except where otherwise required by law.
Any ambiguity will be interpreted in accordance with applicable law.
SECTION 20 - ASSIGNMENT
You may not transfer or assign your rights or obligations under these Terms without our prior written consent, except where permitted by law.
Whippie's may assign or transfer its rights and obligations in connection with a legitimate business transfer, restructuring, or other lawful transaction, subject to applicable notice requirements.
SECTION 21 - GOVERNING LAW
These Terms of Service and disputes arising from their interpretation or enforcement shall be governed by the applicable laws of the State of Florida, United States, without regard to conflict-of-law principles, except where mandatory consumer protection laws require otherwise.
Nothing in this section prevents customers from exercising rights that cannot be waived under applicable law.
SECTION 22 - HEADINGS
Section headings are included for convenience and reference only.
They do not affect the meaning or interpretation of these Terms.
SECTION 23 - CHANGES TO TERMS OF SERVICE
We may update these Terms of Service periodically to reflect changes in our business operations, website functionality, services, or applicable legal requirements.
The current version will be available on our website.
Where required by law, we will provide appropriate notice of material changes.
Changes will take effect as stated in the updated Terms and will not retroactively remove rights that customers have already acquired under applicable law.
Your continued use of the Services following the effective date of revised Terms constitutes acceptance of those Terms to the extent permitted by law.
SECTION 24 - CONTACT INFORMATION
For questions regarding these Terms of Service, products, purchases, shipping, or customer support, please contact:
Whippie's
Website: https://whippiesstore.com
Email: whippiesstore@gmail.com
For additional information, please review our store policies:
We appreciate your support of Whippie's and look forward to helping you with your shopping experience.
