Terms of Use

Welcome to Kitsch ‘n Whimsy! We are so happy that you love our products and content as much as we do! While you visit our site, please be sure to abide by the following rules and regulations for our site’s use.

Accepting Our Terms

This document makes up our Terms of Use, or what we will refer to as “Terms” for short. The Terms are a legally binding contract between you and Kitsch ‘n Whimsy.

This contract will outline your rights and responsibilities when you purchase the products sold on our website or browse through the written content provided by Kitsch ‘n Whimsy, so please read it carefully. By using or purchasing any of our goods or services (including just browsing our website), you are agreeing to our Terms. If you do not agree with our Terms, please do not use our site or purchase our products.

Your Privacy

Your personal information is as important to us as it is to you! We take great precautions to keep the information you share with us safe and private. Our Privacy Policy specifies how your information is used when you purchase products from us or opt in to our mailing list. Please read our policy on protecting your privacy here.

Your Account with Kitsch ‘n Whimsy

You are given the choice to create an account with Kitsch ‘n Whimsy, if you so desire. Please visit our Account Page to create an account with Kitsch ‘n Whimsy! If you decide to create an account with us, here are a few rules we will ask you to follow:

Age Restrictions

You must be 18 years or older to purchase our products or use our services. Otherwise, you may only use our services under the supervision of a parent or legal guardian.

Information Accuracy

You are required to provide us with honest and accurate information about yourself. It is unacceptable to use false information or impersonate another individual or company through your account.

Username Creation

Create a tasteful username. A username that is offensive, profane, or infringes on someone’s intellectual property violates our Terms.

Account Responsibility

You are solely responsible for any activity on your account. If you share your account with other people, then the person whose billing information is on the account will ultimately be held responsible for all activity. If you are registering as a business entity, you personally guarantee that you have the authority to agree to our Terms on behalf of the business. Finally, accounts are not transferable.

Password Protection

Since you are solely responsible for any activity on your account, it is extremely important that you keep your account password secure.

Your Use of Our Products and Services

By using our services, you acknowledge and accept that all intellectual property, otherwise known as “content” (information, data, text, photographs, graphics, audio, video, message, or other material appearing on our website) are owned by Kitsch ‘n Whimsy.

As such, you are expressly prohibited from using any Content without the express written consent of Kitsch ‘n Whimsy. Kitsch ‘n Whimsy’s intellectual property may not be reproduced, distributed, republished, downloaded, displayed, posted, transmitted, or copied in any form or by any means without the prior written consent of Kitsch ‘n Whimsy, unless stated in the exceptions below.

We will grant you permission to display, copy, distribute, and download the materials on our website for personal, non-commercial use only, provided that you do not make any modifications to the materials and that all copyright and other ownership notices remain within the materials. Also, you are not permitted to mirror any material contained within this website without Kitsch ‘n Whimsy’s express written consent.

If you disobey any of the above terms, all permissions granted will be automatically and immediately terminated without further notice. At the time of such termination, you agree to immediately destroy any downloaded and/or printed materials.

Termination of Account or Use

Termination By You: We would hate to see you leave us, but you may terminate your account with Kitsch ‘n Whimsy at any time from your account settings. Please note, terminating your account will not affect your ability to purchase products from Kitsch ‘n Whimsy’s online store.

Termination By Kitsch ‘n Whimsy: We may terminate your account and your access to the products and services we provide at any time, for any reason, and without advance notice. If we do so, please understand that you will no longer have a contractual or legal right to continue to use our services or purchase our products. Kitsch ‘n Whimsy may refuse service to anyone, for any reason, at any time.

If you or Kitsch ‘n Whimsy terminates your account, you may lose any information associated with your account.

Submitted Content Usage Rights

We love receiving comments, feedback, photos, and more from you! Please be aware that all submitted or offered content; such as comments, feedback, postcards, suggestions, images, photographs, and more, shall become and remain property of Kitsch ‘n Whimsy to use at our discretion. Also, all content included with any hashtags provided by Kitsch ‘n Whimsy shall become the property of Kitsch ‘n Whimsy as well.

Submitting, disclosing, or offering any content to Kitsch ‘n Whimsy shall grant us all worldwide rights, titles, and interests in all copyrights for the submitted content. Therefore, Kitsch ‘n Whimsy will be able to  use or modify any content submission for commercial or otherwise use without limitations. Kitsch ‘n Whimsy is not under any obligation to maintain in confidence any content submitted by you, to compensate you for your submitted content, to credit or acknowledge you for your submitted content, or to respond to any submitted content.

When submitting content to Kitsch ‘n Whimsy, you agree that your content does not violate the rights of any third party, including copyright, trademark, privacy, or other personal or proprietary rights. Furthermore, you agree that your submitted content will not contain any unlawful, abusive, obscene, or otherwise objectionable material in Kitsch ‘n Whimsy sole discretion. Finally, you are and shall remain solely responsible for any content you submit to our site.

Product Color Variations

While we try extra hard to make sure our products are displayed as accurately as possible, we cannot guarantee that your screen display of color will be accurate. Please be aware that some products will have slight color variations. Furthermore, because of the handmade nature of our products, slight color or pattern variations will occur in our bias trims and are not considered a defect. We try to maintain as close to the same color trims as possible to what we display on our website.

Possible Inaccuracies

We hope that we’ve already caught all of our errors, but we know that sometimes mistakes can still happen. Occasionally, there may be information on our website that contains typographical errors, inaccuracies, or omissions that may relate to our product descriptions, pricing, and/or availability.  Kitsch ‘n Whimsy reserves the right to correct any errors, inaccuracies, or omissions at any time without advance notice – including after an order has already been submitted.

Additionally, the content provided on this site (such as our blog posts) is intended for informational purposes only. Kitsch ‘n Whimsy shall not be responsible or liable for the accuracy, usefulness, or availability of any information made available through this site. Furthermore, Kitsch ‘n Whimsy shall not be responsible for any errors or omissions in that information.

Delivery of Goods

Shipping your order to you as quickly as possible is one of our top priorities at Kitsch ‘n Whimsy. However, once your package has left our hands and entered into the postal service (with a tracking number, of course) , Kitsch ‘n Whimsy is no longer responsible for the delivery or condition of your order. After your package enters the postal service, the responsibility of your package delivery and condition lies with the courier.

If your order has not arrived to you by the time expected after shipment or has arrived in poor condition, please contact your local post office to file a complaint or gain further information. Please be aware that your postal service will require a tracking number for your package in order to help you further.

Returns and Exchanges

We sincerely hope that you love all of the Kitsch ‘n Whimsy products you purchase. However, if you are unsatisfied with any of your purchases please visit our Return & Exchange Policy page to learn what steps you need to take to return or exchange your items.

Warranties and Limitation of Liability

Warranties

Kitsch ‘n Whimsy is devoted to making our products and services the best they can be. However, we are not perfect and occasionally things can go wrong. You understand that our products and services are provided “as is” and without any kind of warranty (express or implied). We are expressly denying any warranties of title, non-infringement, merchantability and fitness for a particular purpose.

We do not guarantee that the services provided will be secure or available at any particular time or location, that any defects or errors will be corrected, that the services will be free of viruses or other harmful materials, or that the results of using our services will meet your expectations. You use the services solely at your own risk. Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you.

Liability Limits

To the fullest extent permitted by law, Kitsch ‘n Whimsy shall not be liable to you for any consequential, incidental, indirect, special or punitive damages arising out of or in connection with the services or these Terms. Some jurisdictions do not allow limitations on incidental or consequential damages, so the above limitations may not apply to you.

Indemnification

We hope something like this never happens, but if Kitsch ‘n Whimsy gets sued because of something that you did, you agree to defend and indemnify us. This means that you will defend Kitsch ‘n Whimsy, including any of our employees, and hold us harmless from any legal claim or demand (including attorney’s fees) that arises from your actions, your use of our products and/or services, or your breach of our Terms.

Changes to the Terms

We may update these Terms from time to time. If we believe the changes are substantial, we will inform you of them by sending you an email detailing the changes to our Terms. Changes will be effective upon the posting of the changes. You are responsible for reviewing and becoming familiar with any changes.Your use of our products and services following any such change constitutes your acceptance of our updated Terms.

Our Communications To You

We love keeping in contact! By registering an account with Kitsch ‘n Whimsy or opting in to any Kitsch ‘n Whimsy mailing list, you agree to receive electronic mail from Kitsch ‘n Whimsy for the purpose of advising you of changes or additions to our site, promotion of Kitsch ‘n Whimsy products or services, or for any other reason Kitsch ‘n Whimsy deems appropriate. If you do not wish to receive email communications from us, please make the necessary changes in your account settings or click the unsubscribe button at the bottom of any Kitsch ‘n Whimsy email.

Contact Information

If you have any questions or concerns regarding our Terms, please message us through our contact page.

Last updated on  May 2, 2016

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