Terms and Conditions

This Agreement was last modified on March 31, 2015.

Welcome to the www.whimsicallane.com (the “Site”).Please read these Terms and Conditions (“Agreement”, “Terms and Conditions”) carefully before using https://whimsicallane.com (“the Site”) operated by Whimsical Lane (“us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the Site at https://whimsicallane.com.

By accessing or using the Site in any manner, including, but not limited to, visiting, browsing or purchasing on the Site, you agree to be bound by these Terms and Conditions. Capitalized terms are defined in this Agreement.

This page provides information on:

  1. The Terms and Conditions on which we sell and supply our products to you via the Site, including how to place and amend orders online and how to cancel your contract, request a refund or exchange a product purchased (“Terms of Sale”); and
  2. The Terms and Conditions on which you can use the Site (“Terms of Use”);
  3. The Terms of Sale and the Terms of Use are collectively referred to as ”Terms and Conditions”;
  4. Full details of how we collect, hold and process your personally identifiable information are set out in our Privacy Policy.

Please read these Terms and Conditions carefully before using the Site and placing an order. By using the Site and/or placing an order for products from us, you signify that you are 18 years or older and that you agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use this Site or place an order. Please note that although you may “bookmark” a particular portion of this Site and thereby bypass these Terms and Conditions, your use of this Site still binds you to the Terms and Conditions.

We reserve the right to update or modify these Terms and Conditions at any time without prior notice. Your use of the Site or placing an order following any such changes constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this Site.
INFORMATION ABOUT US

The Site is operated by WHIMSICAL LANE and trading as www.whimsicallane.com

For any customer services queries, please either write to us at: hello@whimsicallane.com

 

TERMS OF SALE

All sales of products made via the Site will be on the basis of these Terms of Sale outlined below:

1.PLACING ORDERS AND CONTRACT CREATION

The steps for placing an order on the Site and for forming a contract with us are as follows:

      • You will be guided through the ordering process by a series of instructions on the Site. You place your order at the end of this process by clicking on the “CHECKOUT” button. You can review/amend your order at any time before clicking on the “CHECKOUT” button. Orders can be amended provided the item(s) have not been dispatched by contacting Whimsical Lane via the contact us page or alternatively through hello@whimsicallane.com.
      • Once you have placed your order, we will send to you an order acknowledgement email detailing the products you have ordered. This is not an order confirmation or an acceptance of your order by us. Your order is an offer to buy a product or products from us and your offer will not be deemed as accepted by us until we have sent you a dispatch confirmation email, as below.
      • As your product or products is/are shipped we will send you a despatch confirmation email, which will confirm that we have accepted your order. If we do not or cannot accept an order placed by you, for any reason, we will notify you. Once you receive the dispatch confirmation email, a contract is formed between you and us in relation to the product or products set out in the email and payment will be taken. No product will be shipped until payment has been made in full. The dispatch confirmation email will contain:
      • Details of your order;
      • Confirmation of dispatch and anticipated delivery date for your order or orders (if shipped separately);
      • Order tracking details. Please check the details of the order acknowledgement email and the dispatch confirmation email carefully. It is your responsibility to notify us if there are any errors or inconsistencies by contacting Customer Services at the address above or by using the email form referred to in the Contact Us section.
      • The contract between us for products sold via the Site will be concluded in English. We will not file the specific details of your contract. If you require any information regarding orders you have placed with us, please check your order history on the Site (if you have an account with us) or write to us at the address set out above.

2.PRODUCT AVAILABILITY AND DESCRIPTION

We try to be as specific as possible on the Site about products and product availability, including, availability of size, colour and type, quantity of stock available and the product description. However, while try our best to ensure that product information on our website is correct, it is possible that the Site may contain typographical errors or inaccuracies. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change and update information at any time without prior notice (including after you have submitted an order).

Please also note that because the colours of the products you will see on the Site depend on your monitor/screen, we cannot guarantee that the display of colour will be accurate and some colours may vary.

If you have ordered a product that is unavailable, we will inform you as soon as possible by email and give you an estimated date of when the product is due to be back in stock and available to be dispatched to you. Alternatively, you are entitled to cancel your order and receive a refund from us (if your card/PayPal account has already been charged). In all other circumstances where you are not fully satisfied with your purchase, you may return it for a refund in accordance with our Returns and Exchange policy.

Please note that the information provided about products on the Site is for information purposes only. Please make sure you read all labels, warnings and directions provided with the product before use.

  1. PRICING AND PAYMENT

The price of products is quoted on the Site in USD $ and includes VAT/GST/ Other Tax (where applicable). Prices quoted exclude delivery costs, which will be added to the total cost of the order during the order process, but before you click on the “CHECKOUT” button. Delivery cost will be calculated upon checkout based on the weight of your order and destination. Please see our Shipping & Delivery Policy for more information.

Despite our best efforts, some products may be listed at an incorrect price due to a typographical error or systems error. We reserve the right to review and change product prices on the Site at any time without notice and we reserve the right to refuse or cancel any orders placed for products listed at an incorrect price, whether or not the order(s) has/ve been confirmed and your card/PayPal account charged. If your card/PayPal account has already been charged for such a purchase and your order is cancelled, we will issue a refund to your card/PayPal account (as applicable) in the amount of the incorrect price.

  1. DELIVERY

Please visit our FAQ page for more information on Shipping & Delivery.

We aim to deliver your ordered products by the estimated date set out in the despatch confirmation email, or, if no date is given, at the latest within 30 days of the date of the dispatch confirmation email. In the event that your delivery is delayed for any reason within our control, we will do our best to keep you informed of the estimated delivery date.

Ownership of and risk in the products you have ordered will pass to you from the time they are delivered to you. If you decide to return the product(s) to us for a refund or exchange please refer to our FAQ for more information on Cancellations, Returns & Exchanges Policy, risk will remain with you until you have posted the returned products to us.

  1. CANCELLATIONS, RETURNS AND EXCHANGES

Please read our FAQ on Cancellations, Returns & Exchanges which details how to return unwanted or unsuitable items for a refund or exchange.

  1. WARRANTIES AND DISCLAIMERS

If you are purchasing products as a consumer: unless specific warranties are expressly given (for example, a manufacturer’s warranty), we do not give any warranties or guarantees in respect of such products over and above those implied by applicable law (these include, for example, that the products are of satisfactory quality and reasonably fit for all the purposes for which products of that kind are commonly supplied). We remain responsible, however, for supplying products that conform to the contract.

If you are purchasing products from us as a business: to the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, warranties of satisfactory quality, fitness for a particular purpose and non-infringement.

  1. OUR LIABILITY

Subject to the above, we are only responsible for loss or damage you suffer that is a foreseeable result of our breach of these terms of sale (for example, if the loss or damage was an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the contract). In any event, we are not liable for: (1) any losses, howsoever arising, related to any business of yours including (without limitation) lost data, lost profits, lost revenues or business interruption; or (2) any special or indirect loss or damage, howsoever arising, unless that loss or damage is foreseeable to both of us at the time we entered into a contract.

  1. PROMOTIONAL CODES

Unless otherwise expressly stated in the terms and conditions for a particular promotional code, promotional codes cannot be combined and cannot be used in conjunction with any other offer/discount. For example, unless expressly permitted for a particular promotional code.

TERMS OF USE

Your use of the Site is subject to these Terms of Use.

      • USAGE RESTRICTIONS; INTELLECTUAL PROPERTY
      • USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS
      • CORRECTION OF ERRORS AND INACCURACIES
      • TERM; TERMINATION
      • NOTICE
      • ENFORCEMENT OF TERMS OF USE
      • USE OF SITE
      • INDEMNIFICATION
      • THIRD PARTY LINKS
      • DISCLAIMER
      • LIMITATION OF LIABILITY
      • SALES PROMOTIONS
  1. USAGE RESTRICTIONS; INTELLECTUAL PROPERTY

All of the content you see and hear on the Site, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by us, one of our affiliates or by third parties who have licensed their materials to us.

The content of the Site, and the Site as a whole, is intended solely for the personal, non-commercial use by the users of our Site. You may download, print or store selected portions of the content, provided you (1) only use these materials for your own personal, noncommercial use, (2) do not copy or post the content on any network computer or broadcast the content in any media, and (3) do not modify or alter the content in any way, or delete or change any copyright or trademark notice. No right, title or interest in or to any content or materials is granted to you as a result of any such activities. We reserve complete title and full intellectual property rights in any content you download, reproduce, print, redistribute or store from this Site.

Except as noted above, you may not copy, download, reproduce, modify, publish, redistribute, retransmit, publicly display, publicly perform or create derivative works from the content without first obtaining our written permission.

  1. USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS

All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to us on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the “Comments”) shall be and remain our property. Such disclosure, submission or offer of any Comments shall (to the extent permitted by applicable laws) constitute an assignment to us of all worldwide rights, titles and interests in or to such Comments (or, to the extent that an assignment is not effective, a worldwide, perpetual, irrevocable and royalty-free licence to use such Comments) and we shall not be limited in any way in our use, commercial or otherwise, of any Comments. To the extent permitted by applicable law, you waive your moral rights in any Comments. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.

You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights(s). You further agree that no Comments submitted by you to the Site will be or contain libellous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any comments you make.

  1. CORRECTION OF ERRORS AND INACCURACIES

The information on the Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change and update information at any time without prior notice.

  1. TERM; TERMINATION

These Terms of Use are applicable to you upon your accessing the site. These Terms of Use, or any of them (and thereby your right to access and use the Site), may be terminated by us without notice at any time for any reason. You may terminate these Terms of Use at any time for any reason by ceasing use of the Site and/or your account on the Site (if applicable); however termination by you or us of these Terms of Use for any reason will not affect the application and enforceability of the Terms of Sale in relation to any order you have placed for product(s) via the Site.

The provisions relating to Intellectual Property, Disclaimer, Limitation of Liability, Indemnification and Enforcement, shall survive any termination.

  1. NOTICE

We may deliver notice to you by means of electronic mail, a general notice on the Site, or by written communication delivered by first class mail to your address on record in your account information.

  1. ENFORCEMENT OF TERMS OF USE

These Terms of Use, and any dispute or claim arising out of or in connection with these Terms of Use (including non-contractual disputes or claims), shall be governed by English law. The courts of England shall have non-exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms of Use or their subject matter.

  1. USE OF SITE

Harassment in any manner or form, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a Whimsical Lane employee, host, or representative as well as other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through this Site any content which is libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offence, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or organization.

  1. INDEMNIFICATION

You agree to indemnify, defend, and hold us harmless as well as our officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorney’s fees, resulting from any violation of these Terms of Use or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account.

  1. THIRD PARTY LINKS

In an attempt to provide increased value to our visitors, we may choose various third-party web sites to link to from the Site. However, even if the third party is affiliated with us, we have no control over these linked sites, all of which have separate privacy and data collection practices, independent of us. We have no responsibility or liability for these independent policies or actions and we are not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk. None the less, we seek to protect the integrity of the Site and the links placed upon it and therefore request any feedback on not only this Site, but for sites we link to as well (including if a specific link does not work).

PRIVACY PROTECTION
Please refer to the Privacy Policy section of the Website for full details of how we use and protect your personal information. You consent to any personal information which we may obtain about you via (either via this website, by email, telephone or any other means) being collected, stored, and otherwise processed in accordance with the terms of the Privacy Policy. We may update our Privacy Policy from time to time, in our sole discretion, and post an updated version of the Privacy Policy at the Privacy Policy section of this Website.

  1. DISCLAIMER

THE MATERIAL DISPLAYED ON THIS SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIAL ON THIS SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THIS DISCLAIMER DOES NOT APPLY TO PRODUCTS PURCHASED VIA THE SITE.

  1. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS LIMITATION OF LIABILITY DOES NOT APPLY TO PRODUCTS PURCHASED VIA THE SITE.