Terms of Service

Overview

This website is operated by Whimsy Virtue. Throughout this website, the terms “we,” “us,” and “our” refer to Whimsy Virtue.

Whimsy Virtue offers this website, including all information, products, services, and tools available through it, to you conditioned upon your acceptance of these Terms of Service and all policies referenced within them.

By visiting this website, placing an order, submitting a custom-order request, or purchasing a product, you agree to be bound by these Terms of Service. These terms apply to all website visitors, customers, and users.

Please read these Terms of Service carefully before using the website. If you do not agree to these terms, you should not use the website or purchase our products.

Nothing in these Terms of Service limits any consumer rights that cannot legally be waived or excluded.

1. Online Store Eligibility

By using this website, you confirm that you are legally capable of entering into a binding purchase agreement in your location.

You may not use our products, website, photographs, designs, or services for any unlawful or unauthorized purpose. You may not interfere with the website’s operation, security, or functionality.

2. Handmade Products

Whimsy Virtue jewelry and accessories are handmade, often using natural gemstones, glass, beads, wire, cord, metals, vintage components, or limited materials.

Because of the handmade nature of our products, minor differences in color, shape, size, pattern, texture, knotting, wirework, stone markings, glass appearance, or placement may occur. These natural and handmade variations are part of the character of each piece and are not necessarily defects.

Computer and phone screens may display colors differently. We make reasonable efforts to represent each product accurately but cannot guarantee that every screen will display colors exactly as they appear in person.

3. Product Information

We make reasonable efforts to provide accurate product descriptions, photographs, measurements, materials, prices, and availability.

Measurements may vary slightly because items are handmade. Customers are responsible for reviewing all descriptions, measurements, sizing information, materials, and care instructions before purchasing.

Product photographs may include props or decorative items that are not included unless specifically stated in the product description.

We reserve the right to correct typographical errors, inaccuracies, or omissions and to update product information when necessary.

4. Jewelry Care and Wear

Jewelry is delicate and should be handled with appropriate care.

Unless a product description states otherwise, customers should avoid exposing jewelry to water, perfume, lotion, cleaning products, excessive sweat, chemicals, prolonged sunlight, or rough handling.

Normal wear, tarnishing, fading, stretching, accidental breakage, improper storage, exposure to moisture or chemicals, and damage caused by misuse are not considered manufacturing defects.

Some jewelry may contain small parts and is not intended for young children. Jewelry should not be worn when it may create a safety risk, including during sleep, bathing, swimming, strenuous exercise, or activities involving machinery.

5. Natural Materials and Gemstones

Natural gemstones, shells, pearls, wood, and similar materials may contain variations, inclusions, markings, texture, or slight imperfections.

We do not guarantee that crystals, gemstones, or jewelry provide medical, emotional, spiritual, therapeutic, or healing results. Any descriptions relating to traditional symbolism, metaphysical beliefs, or spiritual associations are provided for informational and creative purposes only and are not medical advice.

6. Orders and Acceptance

Submitting an order does not necessarily mean that the order has been accepted.

We reserve the right to refuse, limit, or cancel an order when reasonably necessary, including in cases involving:

• Suspected fraud or unauthorized payment

• Incorrect pricing or product information

• Inventory or material shortages

• An inability to fulfill the requested design

• Abusive, threatening, or inappropriate conduct

• Orders that appear intended for unauthorized resale or copying

If we cancel an order after payment has been collected, the applicable payment will be refunded.

Orders are subject to product and material availability.

7. Prices and Payment

All prices are displayed in the currency shown on the website and may change without notice.

The price charged will generally be the price displayed at the time the order is placed, unless there is an obvious pricing or technical error.

Customers are responsible for providing accurate billing and payment information. Orders may not be processed until payment has been successfully authorized.

The customer is responsible for any applicable taxes, customs duties, import charges, or carrier fees that are not collected during checkout.

8. Custom and Made-to-Order Work

Custom, personalized, altered, and made-to-order pieces are created according to the design details, materials, colors, measurements, budget, and other information approved by the customer.

The customer is responsible for reviewing and confirming all custom-order details before production begins.

Because handmade work develops through the creative process, the finished item may contain minor differences from sketches, inspiration images, mockups, or previous pieces. Inspiration images are used as creative guidance and do not guarantee an exact copy.

We will not knowingly reproduce another artist’s protected work exactly. We may adapt general themes, colors, materials, or design preferences while maintaining an original Whimsy Virtue design.

Custom-order timelines are estimates unless a specific deadline is expressly agreed to in writing.

Material purchases, design work, and production may begin after payment or a deposit is received. Deposits and payments for completed custom work may be nonrefundable to the extent permitted by applicable law.

Changes requested after materials have been purchased or work has begun may result in additional charges and a revised completion date.

9. Sizing and Customer-Provided Information

Customers are responsible for providing accurate measurements, size selections, addresses, personalization details, and other order information.

When an item is created according to the size or measurements supplied by the customer, resizing, remaking, return shipping, and reshipping may involve additional charges.

If an item is made incorrectly because of an error by Whimsy Virtue, we will work with the customer to provide an appropriate correction.

10. Shipping and Delivery

Processing time and shipping transit time are separate.

Processing time is the time needed to create, prepare, or package an order before it is given to the shipping carrier. Transit time begins after the carrier accepts the package.

Shipping and delivery dates are estimates unless expressly guaranteed by the carrier or otherwise required by law.

Customers are responsible for providing a complete and accurate shipping address. Additional costs caused by an incorrect address, refused package, unpaid import charge, or failure to collect a package may be the customer’s responsibility.

Additional shipping terms are explained in our Shipping Policy, which is incorporated into these Terms of Service.

11. Returns, Replacements, and Refunds

Returns, resizing requests, damaged orders, replacements, and refunds are governed by our Return and Refund Policy.

Because many products are handmade, custom, limited, or one of a kind, an exact replacement may not always be available.

When appropriate, we may offer a repair, resizing, replacement, comparable alternative, store credit, or refund depending on the circumstances and applicable law.

Nothing in these Terms of Service or our Return and Refund Policy removes rights that a consumer has under applicable law.

12. International Orders

International customers are responsible for understanding any import restrictions, taxes, duties, customs charges, or other requirements that apply in their country.

International packages may experience customs or carrier delays beyond our control.

Customers purchasing from the United Kingdom or another jurisdiction with mandatory consumer protections retain all rights that cannot legally be excluded or limited by these Terms of Service.

13. Intellectual Property

All original content on this website—including jewelry designs, collection concepts, product names, written content, photographs, graphics, logos, videos, and branding—is owned by or licensed to Whimsy Virtue unless otherwise stated.

You may not reproduce, copy, distribute, sell, publish, modify, commercially exploit, or use our content or designs without prior written permission.

Purchasing a product does not transfer ownership of any design, photograph, copyright, trademark, or other intellectual-property right.

Customers may share photographs of purchased products for personal, noncommercial purposes, provided the content is not presented as the customer’s own design or used to sell competing products.

14. Customer Content and Reviews

When you submit a review, photograph, testimonial, or other content to us or tag Whimsy Virtue publicly, you confirm that you have the right to share that content.

We may ask for permission before using customer photographs or private messages for marketing purposes. Public reviews or public social-media posts may be shared or referenced where permitted by the platform and applicable law.

You may not submit unlawful, threatening, defamatory, abusive, fraudulent, infringing, or malicious content.

15. Third-Party Services

Our website may use or link to services operated by third parties, including Shopify, payment processors, shipping carriers, social-media platforms, and external websites.

We do not control every third-party website or service and are not responsible for third-party content, availability, privacy practices, or policies.

Your use of third-party services may also be governed by their own terms and policies.

16. Website Availability

We may update, suspend, modify, or discontinue any portion of the website, product collection, or service when reasonably necessary.

We do not guarantee that the website will always be uninterrupted, secure, or free from technical errors.

We reserve the right to correct website errors and cancel orders affected by clear technical or pricing mistakes.

17. Prohibited Uses

You may not use this website or its content to:

• Violate any law or regulation

• Infringe intellectual-property rights

• Submit false or misleading information

• Transmit malware or harmful code

• Collect other users’ personal information without authorization

• Interfere with website security or operation

• Harass, threaten, impersonate, or harm another person

• Engage in fraudulent purchasing activity

• Copy or commercially reproduce Whimsy Virtue designs or content

We may restrict access or cancel orders when these terms are violated.

18. Disclaimer of Warranties

We make reasonable efforts to accurately describe and safely produce our products.

Except for warranties and consumer rights that cannot legally be excluded, the website, its content, and our services are provided on an “as available” basis.

Nothing in this section excludes any legally required guarantee that goods will be of satisfactory quality, as described, or fit for an agreed purpose.

19. Limitation of Liability

To the fullest extent permitted by law, Whimsy Virtue will not be liable for indirect, incidental, special, or consequential losses arising from use of the website or products when such liability may legally be limited.

We are not responsible for damage caused by misuse, failure to follow care instructions, unauthorized alteration, ordinary wear, or circumstances outside our reasonable control.

Nothing in these Terms of Service excludes or limits liability where doing so would be unlawful, including liability for fraud, fraudulent misrepresentation, or any consumer right that cannot legally be waived.

20. Indemnification

To the extent permitted by law, you agree to reimburse Whimsy Virtue for reasonable losses, claims, or expenses caused by your unlawful use of the website, violation of these terms, infringement of another person’s rights, or fraudulent conduct.

This section does not apply where prohibited by consumer-protection law.

21. Privacy

Your submission of personal information through the website is governed by our Privacy Policy.

Our store is hosted through Shopify, and Shopify and associated service providers may process information needed to operate the website, complete purchases, prevent fraud, and provide related services.

22. Governing Law

These Terms of Service are governed by the laws applicable to Whimsy Virtue’s place of business in New Jersey, United States, without depriving customers of mandatory consumer protections available in the place where they live.

Nothing in this section prevents a consumer from relying on legal rights or bringing a claim in a jurisdiction where the law permits them to do so.

23. Severability

If any part of these Terms of Service is determined to be unlawful or unenforceable, the remaining provisions will continue in effect to the extent permitted by law.

24. No Waiver

A failure to enforce any part of these Terms of Service does not waive our right to enforce that provision later.

25. Changes to These Terms

We may update these Terms of Service to reflect changes to our products, business practices, website, or legal obligations.

The version posted on this page at the time of purchase will generally apply to that order, except where a change is required by law.

26. Contact Information

Questions about these Terms of Service may be sent to:

Whimsy Virtue
Email: whimsyvirtue@gmail.com
United States