Terms and Conditions
Welcome to Whimzy Nook! These Terms and Conditions ("Terms") govern your access to and use of our Shopify store, Whimzy Nook ("Website"), owned and operated by Westgate Enterprises, Inc/Mélange Media ("Company," "we," "our," or "us"). By accessing or using our Website, you agree to be bound by these Terms. If you do not agree, you must not proceed with any transactions on the Website.
1. Overview of Whimzy Nook
Whimzy Nook is an online marketplace featuring a variety of vendors ("Vendors") who sell their products through our platform. Each Vendor is responsible for the products they list, including descriptions, pricing, shipping, and returns.
2. Eligibility
You must be at least 18 years old to use our Website. By accessing or using our Website, you represent and warrant that you are of legal age to form a binding contract.
3. Accounts
To make purchases, you may be required to create an account. You are responsible for maintaining the confidentiality of your account credentials and agree to notify us immediately of any unauthorized use. We are not liable for any loss or damage arising from your failure to protect your account information.
4. Products and Listings
4.1 Vendor Responsibility:
Each Vendor is responsible for:
- Ensuring the accuracy of product descriptions, images, and prices.
- Handling shipping, delivery, and returns for their listed products.
- Addressing customer inquiries and complaints related to their products.
4.2 Product Descriptions:
We strive to ensure that product information on Whimzy Nook is accurate. However, we do not warrant that product descriptions, prices, or other content are error-free, complete, or current. If a product is not as described, your sole remedy is to contact the Vendor for resolution.
5. Purchases
5.1 Pricing:
Prices are set by individual Vendors and are subject to change without notice. All prices are listed in [insert currency] unless otherwise stated.
Payments are processed through [insert payment gateway(s)] in compliance with their terms and conditions. By completing a purchase, you agree to the terms of the payment provider.
5.3 Order Fulfillment:
Each Vendor is responsible for fulfilling orders. We are not liable for delays, damages, or other issues arising from Vendor-managed orders.
5.4 Taxes:
You are responsible for paying any applicable taxes on your purchase. Vendors may include sales tax at checkout as required by law.
6. Shipping and Returns
6.1 Shipping:
Shipping policies vary by Vendor. Please review the specific shipping terms listed on the product page or contact the Vendor for details.
6.2 Returns and Refunds:
Return and refund policies are determined by each Vendor. If you wish to return a product, contact the Vendor directly using the contact information provided in your order confirmation.
7. Vendor Requirements
Vendors on Whimzy Nook must comply with our Vendor Agreement and all applicable laws. We reserve the right to remove Vendor listings or suspend accounts for non-compliance.
8. Prohibited Activities
You agree not to:
- Use the Website for unlawful purposes.
- Impersonate any person or entity.
- Interfere with or disrupt the Website’s functionality.
- Upload or transmit viruses or malicious code.
- Use automated systems (e.g., bots) to access the Website.
9. Intellectual Property
All content on the Website, including text, images, logos, and graphics, is the property of Whimzy Nook or its Vendors and is protected by intellectual property laws. Unauthorized use is prohibited.
10. Limitation of Liability
Whimzy Nook is a marketplace platform and is not responsible for:
- The quality, safety, or legality of products listed by Vendors.
- Vendor compliance with applicable laws.
- Any disputes between you and a Vendor.
To the fullest extent permitted by law, we disclaim all liability for damages arising from your use of the Website or transactions with Vendors.
11. Dispute Resolution
Disputes with Vendors should be resolved directly with the Vendor. If a resolution cannot be reached, you may contact us at [insert contact email], and we will assist to the extent possible.
12. Termination
We reserve the right to terminate or suspend your access to the Website at our sole discretion, without notice, for conduct that violates these Terms or is harmful to our interests or other users.
13. Changes to These Terms
We may update these Terms from time to time. Changes will be effective upon posting. Your continued use of the Website after changes are posted constitutes acceptance of the revised Terms.
14. Applicability
These Terms and Conditions govern the purchase of products and services offered for sale by Westgate Enterprises, Inc/Mélange Media through our eCommerce platform. By placing an order on the Website, the customer ("You" or "Buyer") agrees to be bound by these Terms.
These Terms apply to all sales transactions conducted through the Website, unless expressly modified or waived in writing by the seller, Westgate Enterprises, Inc/Mélange Media. Any additional or conflicting terms proposed by the Buyer, whether included in a purchase order or other communication, shall not be binding unless explicitly agreed to in writing by Us.
We reserve the right to modify these Terms at any time, with such modifications becoming effective upon their posting on the Website. Your continued use of the Website and purchase of products after any changes constitute acceptance of the updated Terms.
These Terms are applicable to both domestic and international sales, subject to compliance with applicable laws and regulations. In cases where any provision of these Terms is deemed unenforceable or invalid, the remaining provisions shall continue to apply in full force and effect.
If you do not agree to these Terms, you must not proceed with any transactions on the Website.
15. Governing Law
These Terms are governed by and construed in accordance with the laws of British Columbia, Canada without regard to conflict of law principles.
16. Contact Information
If you have any questions or concerns about these Terms, please contact us at:
Whimzy Nook Support: Email: info@whimzynook.com Phone: 1-866-384 8257
Thank you for shopping at Whimzy Nook!
