Terms and Conditions


TERMS AND CONDITIONS

Overview

This website is operated by Emma Whistler. Throughout the site, the terms "we," "us," and "our" refer to Emma Whistler. Emma Whistler offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

When you visit our website and/or purchase something from us, you are participating in our "Service" and agree to be bound by the following terms and conditions ("Terms of Use", "TOS"), including any additional terms, conditions, and policies referenced herein and/or available via hyperlink.

These Terms of Use apply to all users of the Website, including but not limited to:

  • Browsers

  • Vendors

  • Customers

  • Merchants

  • Content providers

Please read these Terms of Use carefully before accessing or using our Website. By accessing or using any part of the Website, you agree to be bound by these Terms of Use.

If you do not agree to all of the terms and conditions of this Agreement, do not access the Website or use the Services.

Any new features or tools added to the current offering will also be subject to these Terms of Use.

We reserve the right to update, modify, or replace any part of these Terms of Use at any time.

Section 1 – Terms and Conditions of Online Store

By agreeing to these Terms of Use, you represent that:

  • You are at least the age of majority in the state or province in which you reside.

  • You have given us permission to allow your minor dependents to use this Site.

You may not:

  • Use our products for any illegal or unauthorized purpose.

  • Violate any laws in your jurisdiction, including copyright laws.

  • Transmit worms, viruses, or any code of a destructive nature.

Violation of any of these Terms may result in the immediate termination of your Services.

Section 2 – General Terms and Conditions

We reserve the right to refuse service at any time for any reason.

You acknowledge that your content (excluding credit card information):

  • May be transmitted unencrypted across various networks.

  • May be modified to conform to technical requirements of connecting networks or devices.

Credit card information is always encrypted during transmission.

You agree not to:

  • Reproduce

  • Duplicate

  • Copy

  • Sell

  • Resell

  • Exploit any portion of the Service or Website

without our prior written permission.

The headings used in these Terms are provided for convenience only and do not affect their interpretation.

Section 3 – Accuracy, Completeness and Timeliness of Information

We are not responsible if information available on this website is inaccurate, incomplete, or outdated.

The content provided is intended for general information purposes only and should not be relied upon as the sole basis for making decisions without consulting more accurate or up-to-date sources.

Please note:

  • Historical information is provided for reference only.

  • We may modify website content at any time.

  • We are under no obligation to update information published on this website.

  • It is your responsibility to monitor changes made to the Website.

Section 4 – Changes in Services and Prices

The prices of our products are subject to change without notice.

We reserve the right to:

  • Modify the Service.

  • Suspend the Service.

  • Discontinue the Service.

  • Change product pricing.

We shall not be liable for any modification, suspension, discontinuation, or price adjustment.

Conclusion of the Contract

Please note:

  • Product listings do not constitute a legally binding offer.

  • Clicking the "Buy" button constitutes your offer to purchase.

  • Your automated order confirmation email only confirms receipt of your order.

  • The confirmation email does not constitute acceptance of the purchase contract.

Warranty

The statutory warranty rights apply.

Section 5 – Products or Services

Certain products or services:

  • May only be available online.

  • May be available in limited quantities.

  • May only be returned or exchanged according to our Return Policy.

Although we make every effort to display products accurately, we cannot guarantee that your device will display colors exactly as intended.

We reserve the right to:

  • Restrict sales by person, region, or jurisdiction.

  • Limit product quantities.

  • Change product descriptions.

  • Change prices.

  • Discontinue products at any time.

We do not guarantee that:

  • Products will meet every expectation.

  • Services will be uninterrupted.

  • Errors will always be corrected.

All products are shipped directly from our supplier in China.

Any additional costs, including:

  • Customs duties

  • Import duties

  • Local taxes

remain the responsibility of the customer.

Section 6 – Accuracy of Billing and Account Information

We reserve the right to refuse or cancel any order.

Restrictions may apply to:

  • Individual customers.

  • Households.

  • Credit cards.

  • Billing addresses.

  • Shipping addresses.

If an order is changed or canceled, we may attempt to notify you using the contact information provided at checkout.

You agree to provide:

  • Accurate billing information.

  • Accurate account information.

  • Current email addresses.

  • Updated payment details whenever necessary.

For more information, please review our Return Policy.

Section 7 – Optional Tools

We may provide access to third-party tools over which we have no control.

These tools are provided:

  • "As is"

  • "As available"

without warranties, guarantees, or endorsements.

Your use of these optional tools is entirely at your own risk, and you are responsible for reviewing the applicable third-party terms before using them.

Section 8 – Links to Third Party Providers

Certain content, products, and services available through our Service may contain material from third parties.

Third-party links on this website may direct you to websites that are not affiliated with Emma Whistler.

Please note:

  • We are not responsible for reviewing or evaluating the content or accuracy of third-party websites.

  • We do not warrant or accept liability for third-party materials, products, or services.

  • We are not liable for any damages or losses arising from purchases or transactions made through third-party websites.

Before completing any transaction with a third party, we encourage you to carefully review their:

  • Policies

  • Terms

  • Privacy practices

Any complaints, claims, concerns, or questions regarding third-party products should be directed to the respective provider.

Section 9 – Comments, Feedback and Other User Submissions

If you submit contest entries, creative ideas, suggestions, proposals, plans, or other materials ("Comments"), whether online, by email, by post, or otherwise, you agree that we may, at any time and without restriction:

  • Edit

  • Copy

  • Publish

  • Distribute

  • Translate

  • Use your Comments in any medium

We are not obligated to:

  • Keep Comments confidential.

  • Pay compensation for Comments.

  • Respond to Comments.

We reserve the right—but are not obligated—to monitor, edit, or remove content that we determine to be:

  • Unlawful

  • Offensive

  • Threatening

  • Defamatory

  • Pornographic

  • Obscene

  • Otherwise objectionable

  • In violation of intellectual property rights or these Terms

You agree that your Comments will not:

  • Infringe any third-party rights.

  • Contain unlawful or offensive material.

  • Include viruses or malicious software.

  • Use a false email address.

  • Mislead us or others regarding their origin.

You remain solely responsible for the content and accuracy of your Comments.

Any special customs clearance charges or import duties are not included in the purchase price and remain the responsibility of the customer.

Section 10 – Personal Information

The submission of personal information through our Store is governed by our Privacy Policy.

Section 11 – Errors, Inaccuracies and Omissions

Occasionally, information on our website or within our Service may contain:

  • Typographical errors

  • Inaccuracies

  • Omissions

These may relate to:

  • Product descriptions

  • Pricing

  • Promotions

  • Offers

  • Shipping costs

  • Delivery times

  • Product availability

We reserve the right to:

  • Correct errors.

  • Update information.

  • Modify website content.

  • Cancel orders affected by inaccurate information.

We are under no obligation to update information unless required by applicable law.

Section 12 – Prohibited Uses

In addition to the other restrictions set out in these Terms, you may not use this website or its content:

  • For unlawful purposes.

  • To encourage unlawful activity.

  • To violate applicable laws or regulations.

  • To infringe intellectual property rights.

  • To harass, discriminate against, intimidate, abuse, or defame others.

  • To submit false or misleading information.

  • To upload viruses or malicious code.

  • To collect personal information unlawfully.

  • For spam, phishing, crawling, scraping, or similar activities.

  • For obscene or immoral purposes.

  • To interfere with the security or functionality of this website or related services.

Violation of these restrictions may result in the immediate termination of your access to the Service.

Section 13 – Disclaimer of Warranties; Limitation of Liability

We do not guarantee that:

  • Our Service will operate without interruption.

  • The Service will always be timely or secure.

  • The Service will be error-free.

  • Results obtained through the Service will always be accurate or reliable.

You acknowledge that:

  • We may suspend or discontinue the Service at any time without notice.

  • Your use of the Service is entirely at your own risk.

  • All products and services are provided "as is" and "as available."

To the fullest extent permitted by law, we disclaim all warranties, including implied warranties relating to:

  • Merchantability

  • Fitness for a particular purpose

  • Durability

  • Title

  • Non-infringement

Where liability cannot legally be excluded, it will be limited to the maximum extent permitted by applicable law.

Section 14 – Indemnification

You agree to indemnify, defend, and hold harmless Emma Whistler, including its:

  • Parent companies

  • Subsidiaries

  • Affiliates

  • Partners

  • Officers

  • Directors

  • Agents

  • Contractors

  • Licensors

  • Service providers

  • Suppliers

  • Employees

  • Interns

from any claim, demand, or legal action, including reasonable attorneys' fees, arising from:

  • Your breach of these Terms.

  • Your violation of applicable law.

  • Your infringement of any third-party rights.

 

Section 15 – Severability

If any provision of these Terms of Use is determined to be illegal, invalid, or unenforceable, that provision shall nevertheless remain enforceable to the fullest extent permitted by applicable law.

The unenforceable portion shall be deemed severed from these Terms of Use, and such determination shall not affect the validity or enforceability of the remaining provisions.

Section 16 – Termination

The obligations and liabilities of both parties that arose before the termination date shall survive the termination of this Agreement for all purposes.

These Terms of Use remain effective unless and until terminated by either you or us.

You may terminate these Terms of Use at any time by:

  • Notifying us that you no longer wish to use our Services.

  • Discontinuing the use of our Website.

We reserve the right to terminate this Agreement immediately, without notice, if we determine or suspect that you have violated any provision of these Terms.

In such circumstances:

  • Your access to our Services may be suspended or permanently terminated.

  • You will remain responsible for any outstanding amounts owed up to the termination date.

Section 17 – Entire Agreement

These Terms of Use, together with any policies, guidelines, or operating rules published on this Website, constitute the entire agreement between you and Emma Whistler regarding your use of the Service.

These Terms supersede all previous or contemporaneous:

  • Agreements

  • Communications

  • Proposals

  • Discussions

  • Understandings

whether oral or written.

Any ambiguity in the interpretation of these Terms shall not be interpreted against the drafting party.

Section 18 – Governing Law

These Terms of Use, together with any separate agreements under which we provide our Services, shall be governed by and interpreted in accordance with the laws of the Netherlands.

Section 19 – Refused Packages

If an order is:

  • Refused upon delivery, or

  • Not collected from a designated pickup location,

the package will be returned to our warehouse.

A $25 processing fee will be deducted from your refund to cover:

  • Shipping costs

  • Return handling

  • Administrative processing

Section 20 – Changes to the Terms of Use

You may review the most current version of these Terms of Use at any time on this page.

We reserve the right, at our sole discretion, to:

  • Update these Terms.

  • Modify these Terms.

  • Replace any part of these Terms.

Any updates will be posted on our Website.

Your continued use of the Website or our Services after changes have been published constitutes your acceptance of those changes.

Section 21 – Contact Information

If you have any questions regarding these Terms and Conditions, please contact us.

Email: info@emmawhistler.com