Terms of service

Last Updated: March 25, 2025

These Terms of Service (“Terms”) govern your use of the website located at https://whimsytots.com and https://www.whimsytots.com, as well as any related services provided by Embles LLC, doing business as Whimsy Tots (“we,” “us,” or “our”).

By accessing or using this website, you agree to be bound by these Terms and to comply with all applicable laws and regulations. If you do not agree with these Terms, you may not access or use our website or services.

We reserve the right to review and revise these Terms at any time. Any changes will take effect immediately upon posting. Please check this page periodically for updates.

1. Definitions

For purposes of these Terms:

“Services” refers to the website, product catalog, purchase and checkout platform, customer support, and any other features made available by Whimsy Tots, both digitally and physically.
“Products” refers to any goods sold, including but not limited to wallpapers, wall murals, curtains, rugs, and nursery or home décor and accessories.
“User”, “you”, or “your” means any individual or entity accessing or using our Services.
“Entered Production” refers to the point at which a print file has been approved and submitted to manufacturing. This typically occurs within 12–24 hours of placing an order.

2. Overview

This website is operated by Embles LLC. Our store is hosted on Shopify Inc., which provides the e-commerce platform enabling the sale of our products and services to you.

These Terms apply to all users of the site, including customers, browsers, vendors, merchants, and contributors of content.

3. Eligibility

By using our website, you represent that:

You are at least the age of majority in your state or province of residence, or
You are the age of majority and have given consent to allow any of your minor dependents to use this site.

4. Scope of Services

Our offerings include, but are not limited to, the browsing, purchase, and delivery of wallpapers, wall murals, curtains, rugs, and other nursery or home décor and accessory items.

We may also provide digital features, content, account functionality, and communication tools as part of the Services.

5. Limitations of Use

You agree not to:

Copy, modify, distribute, or reverse-engineer any content on this site;
Remove copyright or proprietary notices;
Mirror or replicate the site on another server;
Transmit any illegal, abusive, or harmful content;
Use this website in violation of any local, national, or international law;
Send unauthorized advertising or spam;
Harvest or collect user data without consent;
Infringe on the rights, privacy, or intellectual property of others.

6. Intellectual Property

All content, graphics, logos, and software on this website are owned by or licensed to Embles LLC and protected by applicable copyright and trademark laws.

You are granted a limited, revocable license to use the website for personal, non-commercial purposes only. This license terminates automatically if you breach any of these Terms.

7. User Accounts and Security

You may be required to create an account to use certain features. You are responsible for maintaining the confidentiality of your login credentials.
You agree to notify us immediately of any suspected unauthorized use or breach of your account.

We reserve the right to suspend or terminate your account for any reason, including suspected fraud or misuse.

8. Product Descriptions and Pricing

We strive for accuracy in product listings and images. However, we cannot guarantee that your monitor’s display of color will be accurate.

We reserve the right to change pricing, availability, and product descriptions at any time without notice.

9. Order Cancellation

You may request to cancel your order within 24 hours of purchase, provided it has not yet entered production.

“Entered production” refers to the point at which a print file has been approved and submitted to manufacturing. This typically occurs within 12–24 hours of placing an order.

Cancellations are not guaranteed once production has started.

10. Returns & Refunds

Returns are governed in conjunction with our Shipping & Returns Policy, which is hereby incorporated into these Terms of Service by reference.

In summary:

Returned items must be unused and in sellable condition.
Original packaging is not required.
Round-trip shipping fees may be deducted from refunds.
No restocking fees apply due to our made-to-order model.
Refunds are typically processed within 10 business days after return approval.

11. Third-Party Tools & Links

We may provide access to tools and content operated by third parties. These are provided “as is” without warranties or guarantees.

We are not responsible for third-party websites or services and your use of them is entirely at your own risk.

12. User-Generated Content

By submitting content (e.g., reviews, photos), you retain ownership but grant us a non-exclusive, royalty-free, worldwide license to use, reproduce, adapt, and promote your content, in accordance with your privacy preferences.

13. Privacy & Cookies

Your personal data is governed by our Privacy Policy, including details about cookies, analytics, and data sharing.
For more information, see also:

Cookies Policy
Do Not Sell My Info

This site is not intended for use by children under 13, and we do not knowingly collect data from children.

14. Accuracy & Availability

We do not guarantee that all site content is error-free, complete, or current. We reserve the right to correct errors or cancel orders based on inaccurate information.

15. Disclaimer of Warranties

All Services and Products are provided “as is” and “as available” without any warranties, express or implied, including but not limited to:

Merchantability
Fitness for a particular purpose
Non-infringement

We do not guarantee that the site will be uninterrupted, secure, or error-free.

16. Limitation of Liability

To the fullest extent permitted by law:

Embles LLC, its affiliates, officers, employees, contractors, and third-party service providers shall not be liable for any indirect, incidental, or consequential damages, including loss of profit, data, or goodwill.
In any event, total liability for any claim shall not exceed the amount you paid to us for the product or service in question.

Some jurisdictions do not allow the exclusion or limitation of certain damages — in such cases, our liability is limited to the maximum extent permitted by law.

17. Indemnification

You agree to indemnify and hold harmless Embles LLC, Whimsy Tots, and all affiliated parties from any claims, liabilities, damages, or expenses arising from your use of the Services or violation of these Terms.

18. Force Majeure

We shall not be held liable for any delay or failure in performance resulting from causes beyond our reasonable control, including but not limited to natural disasters, acts of war, labor shortages, pandemics, supply chain disruptions, or governmental orders.

19. Termination

We may suspend or terminate your access to the site or Services at any time without notice for any violation of these Terms. Obligations that should reasonably survive termination will do so.

20. Severability

If any provision in these Terms is found to be unenforceable or unlawful, that provision shall be severed without affecting the enforceability of the remaining provisions.

21. No Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

22. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to conflict of law principles.
You agree to submit to the exclusive jurisdiction of the courts located in Wyoming.

23. Consumer Rights Disclaimer

Nothing in these Terms affects any non-waivable statutory rights you may have under applicable consumer protection laws, including but not limited to rights under the laws of the European Union or your local jurisdiction.

24. Entire Agreement

These Terms, together with our Privacy Policy and other referenced documents, constitute the entire agreement between you and Embles LLC and supersede all prior agreements or communications.

25. Changes to These Terms

We may update these Terms at any time by posting a revised version on this page. Continued use of the site after such changes constitutes acceptance of the updated Terms.