Welcome to Whimset. These Terms of Service (“Terms”) govern your access to and use of our website, products, and services. Throughout these Terms, “Whimset,” “we,” “us,” and “our” refer to Whimset.
By visiting our website or purchasing from us, you agree to these Terms, together with our Privacy Policy, Shipping Policy, and Refund Policy. Please read them carefully before using our website or placing an order.
1. Eligibility and Acceptable Use
By using this website, you confirm that you are at least the age of majority in your province, state, or country of residence, or that you have permission from a parent or legal guardian.
You may not use our website or products for unlawful, fraudulent, abusive, or unauthorized purposes. You must not attempt to disrupt the website, introduce malicious code, collect customer information without authorization, or infringe the rights of Whimset or any third party.
2. Product Information
We make reasonable efforts to present our products, descriptions, dimensions, materials, colours, and images as accurately as possible. However, colours may appear differently depending on lighting, photography, screen settings, and device displays.
Product measurements are approximate and may vary slightly due to manufacturing methods or manual measurement. Before purchasing furniture or larger décor pieces, customers are responsible for confirming that the product dimensions are suitable for their intended space, entrances, elevators, stairways, and doorways.
We may update product information, availability, specifications, or pricing at any time without prior notice.
3. Natural Materials and Product Variations
Products made from wood, stone, ceramic, glass, fabric, or other natural and handcrafted materials may display variations in grain, knots, texture, colour, pattern, glaze, or finish.
These characteristics help make each piece unique and are not generally considered defects. Minor differences between a product and its photographs may occur. This section does not limit any rights you may have if a product is damaged, materially different from its description, or otherwise defective under applicable law.
4. Orders and Order Acceptance
Submitting an order does not guarantee acceptance. We reserve the right to accept, decline, limit, or cancel an order for reasons including:
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Product unavailability
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Incorrect product or pricing information
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Suspected fraud or unauthorized activity
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Payment verification issues
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Shipping restrictions
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Errors in customer or delivery information
If we cancel an order after payment has been processed, we will refund the applicable amount to the original payment method.
Please review your product selection, quantities, dimensions, colours, and shipping information carefully before completing your purchase. Contact us as soon as possible if you need to request a change. We cannot guarantee that an order can be changed or cancelled once processing has begun.
5. Pricing, Payment, and Taxes
Prices are displayed in the currency shown on the website and may change without notice. Applicable taxes, shipping fees, and other permitted charges will be shown during checkout before the order is completed.
Customers are responsible for providing current, complete, and accurate billing and payment information. By submitting payment details, you confirm that you are authorized to use the selected payment method.
Promotional pricing, discount codes, and limited-time offers are subject to their stated conditions and availability.
6. Shipping and Delivery
Shipping estimates are provided for convenience and are not guaranteed delivery dates. Delays may occur due to weather, carrier disruptions, customs processing, high-volume periods, inventory transfers, incorrect addresses, or other circumstances outside our reasonable control.
Larger products or orders containing multiple items may arrive in separate parcels or through different carriers. Customers are responsible for providing a complete and accessible delivery address.
Please inspect your order promptly after delivery. If an item arrives damaged, incorrect, or missing parts, contact support@whimset.com within the timeframe stated in our Refund Policy. Include your order number and clear photographs of the product, packaging, shipping label, and damage so our team can assist you.
Additional shipping details are provided in our Shipping Policy.
7. Returns, Refunds, and Exchanges
Returns, refunds, and exchanges are governed by our Refund Policy. Eligibility may depend on the product category, condition, packaging, return timeframe, and reason for return.
Returned products must generally be unused, unassembled, and in their original condition and packaging unless the product arrived damaged or defective.
Original shipping charges, return shipping costs, restocking fees, or oversized-item handling fees may apply where permitted and as disclosed in our Refund Policy.
Nothing in these Terms or our Refund Policy limits any mandatory consumer rights or remedies that cannot legally be excluded.
8. Furniture Assembly and Safe Use
Some Whimset products may require assembly, installation, mounting, or securing to a wall. Customers are responsible for reviewing and following all included instructions, warnings, weight limits, and care directions.
Always use suitable tools, hardware, and wall anchors for the relevant surface. If you are uncertain about assembly or installation, consult a qualified professional.
Furniture should be placed on a stable, level surface and used only for its intended purpose. Where anti-tip hardware is supplied or recommended, it should be installed correctly, particularly in homes with children or pets.
Whimset is not responsible for damage caused by improper assembly, incorrect installation, unauthorized modification, misuse, failure to follow instructions, or normal wear and tear, except where responsibility cannot legally be excluded.
9. Product Care
Customers are responsible for following the care instructions provided with each product. Exposure to moisture, direct sunlight, extreme temperatures, harsh chemicals, improper cleaning products, or excessive weight may damage certain materials.
Normal wear, fading, minor surface changes, and natural ageing may occur over time and are not necessarily manufacturing defects.
10. Promotions and Discount Codes
Promotions and discount codes:
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Must be used within the stated promotional period
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Cannot be exchanged for cash
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May be limited to selected products or order values
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May not be combined unless otherwise stated
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Cannot normally be applied after an order has been submitted
We reserve the right to modify or cancel a promotion in cases of error, misuse, fraud, or circumstances beyond our reasonable control, subject to applicable law.
11. Website Content and Intellectual Property
All website content—including the Whimset name, branding, logos, photographs, graphics, product descriptions, designs, videos, and written content—is owned by or licensed to Whimset and is protected by applicable intellectual property laws.
You may use the website for personal, non-commercial shopping purposes only. You may not copy, reproduce, distribute, modify, publish, sell, or commercially exploit our content without prior written permission.
12. Reviews and Customer Content
If you submit a review, photograph, comment, or other content to Whimset, you confirm that you have the right to share it and that it does not violate any law or third-party rights.
You grant Whimset a non-exclusive, worldwide, royalty-free licence to use, reproduce, publish, adapt, and display submitted content for business and marketing purposes, subject to applicable privacy laws.
We may remove content that is unlawful, misleading, abusive, infringing, or unrelated to the product or customer experience.
13. Third-Party Services and Links
Our website may contain links to third-party websites, payment providers, applications, or services. These third parties operate independently and may have their own terms and privacy practices.
Whimset is not responsible for third-party websites, content, products, or services. Accessing or using them is at your own discretion and risk.
14. Disclaimer of Warranties
We aim to provide accurate information and dependable products and services. However, to the fullest extent permitted by law, our website and services are provided on an “as available” basis without warranties beyond those expressly stated or required by law.
We do not guarantee that the website will always be uninterrupted, secure, or error-free.
This section does not exclude any warranty, condition, right, or remedy that cannot legally be excluded under applicable consumer protection laws.
15. Limitation of Liability
To the fullest extent permitted by law, Whimset and its directors, employees, affiliates, contractors, and service providers will not be liable for indirect, incidental, special, or consequential losses arising from the use of our website, services, or products.
Where liability cannot legally be excluded, our responsibility will be limited only to the extent permitted by applicable law.
Nothing in these Terms excludes or limits liability where doing so would be unlawful, including any mandatory rights or remedies available to consumers.
16. Indemnification
To the extent permitted by law, you agree to indemnify and hold Whimset harmless from claims, losses, or expenses arising from your unlawful use of the website, violation of these Terms, infringement of third-party rights, or misuse of our products.
17. Severability
If any provision of these Terms is found to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted, and the remaining provisions will continue in effect.
18. No Waiver
If we do not immediately enforce a provision of these Terms, this does not mean that we waive our right to enforce it later.
19. Governing Law
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without limiting any mandatory consumer protections that apply in the customer’s place of residence.
20. Changes to These Terms
We may revise these Terms from time to time. Updated Terms will be posted on this page with a revised “Last updated” date.
Changes will apply from the date they are posted, subject to applicable law. Your continued use of the website after changes are posted constitutes acceptance of the updated Terms.
21. Contact Us
If you have questions about these Terms or a Whimset product or order, please contact:
Whimset Customer Care
Email: support@whimset.com
Hours: Monday–Friday, 8:00 a.m.–4:00 p.m.
We typically respond within two business days.