Terms of service

OVERVIEW

Welcome to Whimsy Gram Company! The terms "we," "us," and "our" refer to Whimsy Gram Company. We're a small, Ohio-based watercolor art and painting kit shop, and we're so glad you're here.

Whimsy Gram Company operates this store and website, including all related information, content, features, tools, products, and services (the "Services"). Our store is powered by Shopify.

Please read these Terms of Service carefully. By visiting, interacting with, or purchasing from our store, you agree to be bound by these Terms of Service and our Privacy Policy (https://whimsy-gram-company.myshopify.com/pages/privacy-policy). If you do not agree, please do not use or access our Services.

SECTION 1 — ACCESS AND ACCOUNT

By using our Services, you confirm that you are at least the age of majority in your state or province of residence, and that you have given consent for any minor dependents to use the Services on devices you own or manage.

To browse or purchase, you may be asked to provide information such as your email address, billing, payment, and shipping details. You represent that all information provided is accurate, current, and complete.

You are solely responsible for maintaining the security of your account and all activity within it. Accounts may not be transferred, sold, or assigned to another person.

SECTION 2 — OUR PRODUCTS

We do our very best to represent our products accurately. However, please note that colors and product appearance may vary depending on your device's screen settings and calibration — especially with our watercolor artwork, which has beautiful natural variation.

We do not warrant that the appearance or quality of any product will exactly match what is depicted online. Product descriptions are subject to change at any time. We reserve the right to discontinue any product or limit quantities available to any person or region.

SECTION 3 — ORDERS

When you place an order, you are making an offer to purchase. Whimsy Gram Company reserves the right to accept or decline any order at our discretion. Your order is not accepted until we confirm it and successfully process payment.

Please review your order carefully before submitting — we may not be able to accommodate cancellation requests once an order is accepted. If we are unable to accept or must cancel an order, we will contact you via the email or address provided.

All purchases are subject to our Refund Policy. Products are intended for personal or household use and not for commercial resale or export.

SECTION 4 — PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged will be the price in effect at the time your order is placed, as confirmed in your order confirmation email. Prices do not include taxes, shipping, or handling unless otherwise stated.

Promotional pricing is governed by its own terms and will take precedence over these Terms where there is a conflict.

You agree to provide accurate and complete payment information. You confirm that the payment method you use is authorized and that all charges incurred will be honored.

SECTION 5 — SHIPPING AND DELIVERY

We ship orders with care and a little extra love. Orders are typically processed within 2–4 business days. During busy seasons, festivals, or holidays, processing may take slightly longer — we appreciate your patience.

Orders ship via USPS or UPS depending on size and destination.

  • Standard Shipping: 3–7 business days after shipment
  • Expedited Shipping: 2–3 business days (when available)

You will receive a tracking number by email once your order ships.

Shipping costs are calculated at checkout based on package weight, destination, and shipping method.

All delivery times are estimates only and are not guaranteed. We are not liable for delays caused by carriers, weather, or circumstances outside our control. Once your order is transferred to the carrier, risk of loss passes to you.

We currently ship within the United States. For international inquiries, please contact us and we'll do our best to help.

SECTION 6 — INTELLECTUAL PROPERTY

All content on our Services — including artwork, designs, text, images, graphics, product names, logos, and the Wink the Elephant mascot — is owned by Whimsy Gram Company or its licensors and is protected by U.S. copyright, trademark, and intellectual property laws.

You may use our Services for personal, non-commercial purposes only. You may not reproduce, distribute, modify, resell, or create derivative works from any of our content without our prior written consent.

Whimsy Gram Company's name, logo, product names, designs, and slogans are trademarks of Whimsy Gram Company. Unauthorized use is strictly prohibited. All rights not expressly granted are reserved.

SECTION 7 — OPTIONAL TOOLS

We may provide access to optional third-party tools as part of our Services. These tools are provided "as is" and "as available" without warranty or endorsement of any kind. Your use of any optional third-party tools is at your own risk. We are not liable for any issues arising from your use of these tools.

SECTION 8 — THIRD-PARTY LINKS

Our Services may contain links to third-party websites. We are not responsible for the content, accuracy, or practices of any third-party sites. If you leave our store to visit a third-party site, you do so at your own risk. Please review the policies of any third-party site before engaging with it.

SECTION 9 — RELATIONSHIP WITH SHOPIFY

Whimsy Gram Company is powered by Shopify, which enables us to provide the Services to you. All sales and purchases are made directly with Whimsy Gram Company. Shopify is not responsible for any aspect of your transactions with us, including any injury, damage, or loss resulting from purchased products. You expressly release Shopify and its affiliates from all claims arising from your purchases with Whimsy Gram Company.

SECTION 10 — PRIVACY POLICY

All personal information collected through our Services is subject to our Privacy Policy, which can be viewed at https://whimsy-gram-company.myshopify.com/pages/privacy-policy. Certain information may also be subject to Shopify's Privacy Policy. By using our Services, you confirm that you have read and understood these policies.

Because our store is hosted by Shopify, Shopify collects and processes certain information about your use of our Services. Information you submit may be shared with Shopify and trusted third parties as needed to fulfill your orders and operate our Services. Please review our Privacy Policy at https://whimsy-gram-company.myshopify.com/pages/privacy-policy for full details.

SECTION 11 — FEEDBACK

We love hearing from our customers! If you submit reviews, suggestions, or other feedback, you grant Whimsy Gram Company a perpetual, worldwide, royalty-free license to use, reproduce, publish, and display that feedback for any purpose, including to improve and promote our Services.

You represent that you own or have rights to all feedback submitted, and that your feedback does not violate any third-party rights. We are not obligated to keep feedback confidential or to compensate you for it.

We reserve the right to remove feedback that is unlawful, offensive, or otherwise objectionable at our sole discretion.

SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS

We strive for accuracy in all product listings, pricing, and descriptions. Occasionally, typographical errors or omissions may occur. We reserve the right to correct any errors and to update or cancel orders affected by inaccurate information, without prior notice.

SECTION 13 — PROHIBITED USES

You agree to use our Services for lawful purposes only. You may not use our Services to:

  • Violate any applicable laws or regulations
  • Infringe on our intellectual property or the rights of others
  • Transmit false, misleading, or harmful content
  • Send spam, junk mail, or unsolicited promotions
  • Impersonate any person or entity
  • Upload viruses or malicious code
  • Scrape, copy, or exploit any portion of our Services
  • Interfere with the security or operation of our Services

We reserve the right to suspend or terminate your access at any time if these Terms are violated.

SECTION 14 — AGENTS

This section applies if you use or deploy any automated software or Agent to access our Services.

"Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of a person or entity without direct supervision.

Agents may not access our Services unless they:

  • Identify themselves clearly in all HTTP/HTTPS requests using the format: "Agent/[agent name]"
  • Do not mimic human behavior or circumvent CAPTCHAs
  • Respond truthfully when asked whether interactions are from a human or computer
  • Do not attempt to bypass any access restrictions

We reserve the right to limit or block Agent access at any time.

SECTION 15 — TERMINATION

We may terminate your access to our Services at any time, without notice, at our sole discretion. You will remain responsible for any amounts owed up to the date of termination.

Sections relating to Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law, and Privacy Policy will survive any termination.

SECTION 16 — DISCLAIMER OF WARRANTIES

Information provided through our Services is for general informational purposes only. We do not warrant its accuracy, completeness, or usefulness.

EXCEPT AS EXPRESSLY STATED BY WHIMSY GRAM COMPANY, ALL SERVICES AND PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, OR NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

SECTION 17 — LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, WHIMSY GRAM COMPANY, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR DAMAGES OF ANY KIND — INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR REPLACEMENT COSTS — ARISING FROM YOUR USE OF OUR SERVICES OR PRODUCTS, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 18 — INDEMNIFICATION

You agree to indemnify and hold harmless Whimsy Gram Company, Shopify, and our affiliates, officers, employees, agents, and service providers from any losses, claims, or liabilities — including reasonable attorneys' fees — arising from your breach of these Terms, your violation of any law, or your use of our Services.

SECTION 19 — SEVERABILITY

If any provision of these Terms is found to be unlawful or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will continue in full force and effect.

SECTION 20 — WAIVER; ENTIRE AGREEMENT

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right. These Terms, along with all referenced policies, constitute the entire agreement between you and Whimsy Gram Company regarding your use of our Services.

SECTION 21 — ASSIGNMENT

You may not transfer or assign these Terms or any of your rights without our prior written consent. We may transfer or assign our rights and obligations without notice to you.

SECTION 22 — GOVERNING LAW

These Terms are governed by the laws of the jurisdiction where Whimsy Gram Company is headquartered (Ohio, United States). You consent to venue and personal jurisdiction in the applicable courts.

SECTION 23 — HEADINGS

Section headings are included for convenience only and do not affect the interpretation of these Terms.

SECTION 24 — CHANGES TO TERMS OF SERVICE

We reserve the right to update or change these Terms at any time. Changes will be posted on this page with an updated effective date. We will notify you of any material changes in accordance with applicable law. Your continued use of our Services following any changes constitutes your acceptance of the updated Terms.

SECTION 25 — CONTACT INFORMATION

Questions about these Terms of Service? We'd love to hear from you.

Whimsy Gram Company hello@whimsygram.com | 1238 Shrine Road, Springfield, Ohio, 45504, USA | PH: 937-314-8865