Terms of service
Welcome to The Whitman Family. These Terms of Service govern your use of our website and any purchases you make through it. Please read them carefully: by browsing our store or buying from us, you agree to everything set out below.
Contents
- General Information
- Using Our Online Store
- General Conditions
- Products and Pricing
- Orders, Billing and Account Information
- Accuracy of Information and Errors
- Third-Party Tools and Links
- User Comments and Submissions
- Personal Information
- Prohibited Uses
- Disclaimer of Warranties and Limitation of Liability
- Indemnification
- Severability
- Termination
- Entire Agreement
- Governing Law
- Changes to These Terms
- SMS Marketing and Notifications
- Contact Us
1. General Information
This website is operated by The Whitman Family. Throughout these Terms, "we," "us" and "our" refer to The Whitman Family.
We make this website, including all information, tools and services available on it (the "Service"), available to you on the condition that you accept these terms, conditions, policies and notices (the "Terms"), including any additional policies referenced or linked here.
These Terms apply to everyone who uses the site, including visitors, customers, suppliers, merchants and content contributors. If you do not agree to them, you may not access the website or use the Service. If these Terms are considered an offer, acceptance is expressly limited to them.
Any new features or tools added to the store will also be subject to these Terms.
Our store is hosted on Shopify Inc., which provides the e-commerce platform that allows us to sell our products to you.
2. Using Our Online Store
By agreeing to these Terms, you confirm that you are at least the age of majority in your state or place of residence, or that you are of that age and have given consent for any minors in your care to use this site.
- You may not use our products for any illegal or unauthorized purpose, or violate any law in your jurisdiction (including copyright laws) while using the Service.
- You must not transmit any worms, viruses or code of a destructive nature.
Any breach or violation of these Terms will result in the immediate termination of your services.
3. General Conditions
- We reserve the right to refuse service to anyone, for any reason, at any time.
- Your content (excluding credit card information) may be transferred unencrypted, across various networks and with changes needed to meet the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, its use or access to it without our express written permission.
- Headings in these Terms are for convenience only and do not limit or affect these Terms.
4. Products and Pricing
Some products may be available exclusively online and in limited quantities. They may only be returned or exchanged in accordance with our Return Policy.
We make every effort to display our product colors and images as accurately as possible, but we cannot guarantee that your computer or mobile screen will display them accurately.
We also reserve the right to:
- Change product prices and descriptions at any time without notice.
- Limit sales of our products to any person, geographic region or jurisdiction, on a case-by-case basis.
- Limit the quantities of any product we offer.
- Discontinue any product at any time.
- Modify or suspend the Service, in whole or in part, without notice.
We will not be liable to you or any third party for any modification, price change, suspension or discontinuation of the Service. Any offer on this site is void where prohibited.
We do not guarantee that the quality of any products, services, information or other materials you purchase or obtain will meet your expectations, or that any errors in the Service will be corrected.
5. Orders, Billing and Account Information
We reserve the right to refuse any order. At our sole discretion, we may limit or cancel quantities purchased per person, per household or per order. These restrictions may apply to orders placed under the same customer account, the same credit card, or the same billing or shipping address.
If we change or cancel an order, we will notify you using the email, billing address or phone number provided at the time of purchase, and we will promptly refund any amount paid for the cancelled items.
Shipping delays. If we are unable to ship your order within the time stated in our Shipping Policy (or within 30 days if no time is stated), we will notify you, give you a revised shipping date and offer you the option to cancel your order for a full and prompt refund.
We may also limit or prohibit orders that, in our judgment, appear to be placed by resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases, and to promptly update your details (including email address, card numbers and expiration dates) so we can complete your transactions and contact you if needed.
For more information, please see our Return Policy.
6. Accuracy of Information and Errors
The content on this site is provided for general information only. We are not responsible if any information is inaccurate, incomplete or out of date, and any reliance on it is at your own risk. The site may contain historical information that is not necessarily current and is provided for reference only.
Occasionally, the site may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, delivery times or availability. We reserve the right to correct them, update information or cancel orders at any time without prior notice, including after you have submitted your order. If we cancel an order for this reason, we will notify you and issue a full refund of any amount paid.
We are under no obligation to update, amend or clarify information on the Service, except as required by law. No update date shown on the site should be taken to mean that all information has been reviewed or updated.
7. Third-Party Tools and Links
Optional tools. We may give you access to third-party tools that we neither monitor nor control. They are provided "as is" and "as available," without warranties of any kind, and we accept no liability for your use of them. Any use is at your own risk and discretion, and you should make sure you understand and accept the terms of the relevant third-party providers.
External links. Some content, products or services may include materials from, or links to, third-party websites that are not affiliated with us. We do not review their content and are not responsible for their materials, products or services, or for any loss or damage arising from transactions made through them. Please review their policies before making a purchase. Any complaints or questions about third-party products should be directed to the relevant third party.
8. User Comments and Submissions
If you send us submissions we requested (such as contest entries) or, on your own initiative, ideas, suggestions or other materials by any means (collectively, "comments"), you agree that we may edit, copy, publish, distribute, translate and otherwise use them at any time and without restriction.
We are under no obligation to:
- keep any comments confidential;
- pay compensation for any comments; or
- respond to any comments.
We may, but are not obligated to, review, edit or remove content we consider unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable, or that infringes anyone's intellectual property or these Terms.
By submitting comments, you confirm that they:
- do not infringe any third-party rights (including copyright, trademark, privacy or other personal or proprietary rights);
- do not contain defamatory, unlawful, offensive or obscene material, viruses or other malware;
- are not sent using a false email address, while impersonating someone else, or in a way that misleads us or others about their origin.
You are solely responsible for any comments you post and their accuracy. We take no responsibility for comments posted by you or any third party.
9. Personal Information
Your submission of personal information through the store is governed by our Privacy Policy.
10. Prohibited Uses
In addition to the other prohibitions in these Terms, you may not use the site or its content:
- for any unlawful purpose;
- to encourage others to perform or take part in unlawful acts;
- to violate any local, state, federal or international regulations, rules or laws;
- to infringe our intellectual property rights or those of others;
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability;
- to submit false or misleading information;
- to upload or transmit viruses or any other malicious code;
- to collect or track the personal information of others;
- to spam, phish, pharm, pretext, spider, crawl or scrape;
- for any obscene or immoral purpose;
- to interfere with or circumvent the security features of the Service, other websites or the Internet.
We may suspend your use of the Service for violating any of these prohibited uses.
11. Disclaimer of Warranties and Limitation of Liability
We do not guarantee that the Service will be uninterrupted, timely, secure or error-free, or that the results obtained from using it will be accurate or reliable. We may suspend the Service for indefinite periods or discontinue it at any time without notice.
Your use of, or inability to use, the Service is at your sole risk. To the fullest extent permitted by applicable law, and unless we expressly state otherwise, the Service and all products offered through it are provided "as is" and "as available," without any representations, warranties or conditions of any kind, express or implied, including implied warranties of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
We are not liable for any errors or omissions in any content, or for any loss or damage of any kind arising from the use of the Service or any content or product made available through it, even if advised of the possibility of such damage. In states or jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability will be limited to the maximum extent permitted by law.
Nothing in these Terms excludes or limits any rights you have under the consumer protection laws of your state of residence that cannot be waived by contract.
12. Indemnification
You agree to indemnify, defend and hold harmless The Whitman Family and our parent companies, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable attorneys' fees, made by any third party arising from your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
13. Severability
If any provision of these Terms is found to be unlawful, void or unenforceable, it will still be enforced to the fullest extent permitted by applicable law, and the unenforceable portion will be considered severed. This will not affect the validity or enforceability of the remaining provisions.
14. Termination
These Terms remain in effect until terminated by you or by us. You may terminate them at any time by notifying us that you no longer wish to use our services, or by no longer using our site.
If, in our sole judgment, you fail, or we suspect you have failed, to comply with any provision of these Terms, we may terminate this agreement at any time without notice and deny you access to the Service. Obligations and liabilities incurred before termination will survive, and you will remain liable for all amounts due up to and including the termination date.
15. Entire Agreement
These Terms, together with any policies or operating rules we post on this site, constitute the entire agreement between you and us and supersede any prior or contemporaneous agreements, communications or proposals, including earlier versions of these Terms. Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of it. Any ambiguity in these Terms will not be construed against the drafting party.
16. Governing Law
These Terms and any separate agreements under which we provide services to you are governed by and construed in accordance with the laws of Spain, without regard to its conflict-of-law rules.
This choice of law does not deprive you of the protection of any mandatory consumer protection laws of your state of residence that would otherwise apply.
17. Changes to These Terms
You can review the most current version of these Terms at any time on this page. We may update, change or replace any part of them at our sole discretion by posting changes to our website, so please check this page periodically. Your continued use of the website or the Service after any changes are posted constitutes acceptance of those changes.
18. SMS Marketing and Notifications
By opting in to SMS messages at checkout and completing a purchase, or by subscribing through our sign-up forms, you give us your express written consent to receive recurring automated text messages at the number you provided about your order (including abandoned cart reminders), marketing offers and transactional messages such as review requests. Because you have given us this consent, we may text you even if your number is registered on a do-not-call list.
- Frequency: message frequency varies.
- Consent is not a condition of purchase.
- Opting out: you can opt out at any time by replying STOP, QUIT, END, CANCEL, UNSUBSCRIBE, REVOKE or OPT OUT, by using the unsubscribe link included in each message, or by any other reasonable means that clearly tells us you no longer want to receive texts (for example, by emailing us). We will honor your request promptly and in any case within 10 business days. We may send you one final message confirming your opt-out.
- Help: reply HELP to the number that sent the message, or email us at support.thewhitmanfamily@gmail.com.
- Cost: we do not charge for this service, but message and data rates from your mobile carrier may apply.
We may change the phone number or short code we use at any time and will notify you if we do. Messages sent to a number we no longer use (including STOP or HELP requests) may not be received, and we are not responsible for acting on them. To the extent permitted by law, we are not liable for failed, delayed or misdirected messages, errors in their content, or any action you take or fail to take based on them.
To learn how we collect and use your personal data, please see our Privacy Policy.
19. Contact Us
Questions about these Terms of Service can be sent to: