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Terms of Service

Welcome to the Whimsy and Row web site. Whimsy and Row provides this site as a service to its customers. Please read the following terms of service (“Terms”) as they govern your use of our site. By using www.whimsyandrow.com and any other website(s) owned and/or operated by Whimsy and Row (including any of its subsidiaries or corporate affiliates, collectively, \”whimsyandrow,\” \”we,\” \”us\” or \”our\”) and any of their associated web pages (collectively, our “Services”), you agree to follow and be bound by the following rule below. If you do not agree to these Terms, please do not use this Site in any way.

Additionally, Whimsy and Row reserves the right to modify these Terms at any time without prior notification. Site users must agree upon and abide by these changes accordingly. Please review this page periodically for changes. Any use of our Site at any time constitutes full acceptance of our service Terms.

Description of Service

Whimsy and Row is an online retailer of women’s apparel, accessories and home goods offered at great values to the consumer.

Usage Restrictions

All of the content that appears on the Whimsy and Row web site, including all visuals, text, audio and video clips are subject to copyright protections and /or other intellectual property rights or licenses held by Whimsy and Row. The entire content of the Whimsy and Row web site is copyrighted as a collective work under U.S. copyright laws. Whimsy and Row grants you a limited license to access and make personal use of the content on this website. Content of the Whimsy and Row website is intended solely for the personal, noncommercial use by the users of our Site.

Notice

Whimsy and Row may contact you or provide you with service-related and/ or promotional notices by means of postal mail, electronic mail, general site notifications and more using the contact information you have provided to us.

Pricing Policy

At Whimsy and Row, we are committed to providing our customers with great quality products at low prices. Our products are sold online only at limited quantities and availabilities. We have done our best to display our items as accurately as possible on the Site. Please be aware, variations in style, color, size, shape and look may occur. If you are not satisfied your purchase, please review our FAQ section on returns and exchanges for further assistance.

Site Use

You cannot access or use the Whimsy and Row website for any illegal or unauthorized purpose. Harassment in any manner or form of the Site, including via e-mail and chat or by obscene or abusive language, is strictly forbidden. Although Whimsy and Row cannot monitor the conduct of its users, it is a strict violation of these Terms to use any information obtained from our Site in order to harass, abuse or harm another person, or in order to contact, advertise, solicit or sell to any user without his/her prior explicit consent.

Also, you agree that no comments or other user submissions submitted by you to the Whimsy and Row website will violate any right of any third party, including copyright, trademark, privacy or other personal rights. You further agree that no comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any comments you make.

User Submissions

Whimsy and Row strives to create an interactive relationship with the members of its Site and services. User comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to Whimsy and Row on or by this Site shall be and remain Whimsy and Row property. Users assign all property rights and interests to Whimsy and Row allowing our company unlimited use, commercial or otherwise, of any comments. Furthermore, Whimsy and Row shall be under no obligation (1) to maintain any comments in confidence; (2) to pay to users any compensation for any comments; or (3) to respond to any user comments.

Correction of Site Errors

The information on the Whimsy and Row website may contain typographical errors or inaccuracies. We reserve the right to update any information we see fit at any time without prior notice. Please note that such errors may relate to product information, pricing and availability. In these instances, we shall have the right to terminate any orders involving pricing errors or inaccuracies. We apologize for any inconveniences.

Indemnity

By use of this Site, you agree to indemnify and hold Whimsy and Row (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, as well as losses, expenses, damages and costs, resulting from any violation of these terms of service or any activity related to your account (including negligent or wrongful conduct).

Modification/Termination of Website

In the event of termination, you will still be bound by your obligations under these terms of service, including the warranties made by you, and by the disclaimers and limitations of liability. Whimsy and Row shall not be liable to you or any third-party for any termination of your access.

Third Party Links

To improve our Site, Whimsy and Row may use and promote services provided by outside third parties. However, even if the third party is affiliated with Whimsy and Row, we do not control these services and make no representations regarding these persons or entities. We are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any such parties. Outside sites linked on our Site, all of which have separate privacy and data collection practices, are only for your convenience and therefore you access them at your own risk.

WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD PARTY WEBSITE OR MERCHANT OR OPERATOR OF SUCH A THIRD PARTY WEBSITE.

DISCLAIMER OF WARRANTY

ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE, OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED (A “LINKED SITE”) ARE PROVIDED TO YOU “AS IS” WITHOUT ANY GUARANTEES OR WARRANTY. IN CONNECTION WITH ALL CONTENT, PRODUCTS AND SERVICES ON THIS SITE, WHIMSY AND ROW MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. USE OF THE PRODUCT BY A USER IS AT THE USER’S RISK.

LIMITATION OF LIABILITY

WHIMSY AND ROW SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS AND SERVICES ON THIS SITE OR THE PERFORMANCE OF ANY ITS PRODUCTS (EVEN IF WHIMSY AND ROW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).

COPYRIGHT

All materials on the Services (as well as the organization and layout of the Services) are owned and copyrighted or licensed by Whimsy and Row, its corporate affiliates or its third-party vendors. No reproduction, distribution, or transmission of the copyrighted materials on the Services is permitted without the written permission of Whimsy and Row. Any rights not expressly granted herein are reserved by Whimsy and Row.

TRADEMARKS

WHIMSY + ROW and all related names, logos, product and service names, designs and slogans are trademarks of Whimsy and Row or its affiliates or licensors. Such marks cannot be used without the prior written permission of Whimsy and Row. All other names, brands and marks are used for identification purposes only and are the trademarks of their respective owners.

For more information on the trademarks of Whimsy and Row, please contact us at info@whimsyandrow.com