Whim Supply Terms of Use
Last Updated: 1 April 2025
Please read these Terms of Use ("Terms") carefully before using the Whim Supply website hosted on Google Sites (the "Site") and purchasing products from us. Your access to and use of the Site and purchase of products signifies your agreement to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Site or purchase products.
1. Use of the Site
You agree to use the Site only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of the Site. Prohibited behavior includes harassing or causing distress or inconvenience to any other user, transmitting obscene or offensive content, or disrupting the normal flow of dialogue within the Site.
2. Products and Orders
Product Descriptions: We attempt to be as accurate as possible in our product descriptions. However, we do not warrant that product descriptions or other content of the Site are accurate, complete, reliable, current, or error-free. Products are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied. Minor variations in product appearance may occur.
Pricing: Prices for products offered for sale are as listed on the Site in HKD, excluding shipping costs. Shipping costs are calculated based on the destination you select during checkout and added to the total order amount. All prices are subject to change without notice. We reserve the right to correct any pricing errors.
Order Acceptance: Placing an order constitutes an offer to purchase a product. We reserve the right to refuse or cancel any order for any reason at any time, including but not limited to product availability, errors in the description or price of the product, or errors in your order. If we cancel your order after payment has been processed, we will issue a refund for the amount paid.
Payment: Payment is processed through Stripe. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You agree to promptly update your account and other information so that we can complete your transactions and contact you as needed. You are responsible for any fees charged by your bank or card issuer.
3. Shipping and Delivery
Shipping Options: You are responsible for selecting the appropriate shipping option for your destination during checkout. Available options and costs will be presented.
Order Processing Time: We aim to process and dispatch orders within five (5) business days of receiving a confirmed order and payment. This timeframe is an estimate and not a guarantee. Processing times may occasionally be longer due to unforeseen circumstances, high order volume, or factors outside our reasonable control. This processing time does not include the shipping carrier's transit time.
Delivery Estimates: Delivery times provided by shipping carriers (e.g., 7-14 business days, 7-17 business days) are estimates only provided by the carriers and are not guaranteed by us. Actual delivery times may vary due to factors beyond our control (e.g., carrier delays, customs processing, destination location, weather).
Risk of Loss: All items purchased from us are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. We are not responsible for lost, stolen, or damaged packages after they have been handed over to the shipping carrier. We recommend selecting tracked shipping options where available. Claims for lost or damaged packages must be filed directly with the carrier by you.
Customs and Duties: For international orders, you are solely responsible for any applicable customs duties, taxes, tariffs, or import fees imposed by your country's authorities. We are not responsible for delays caused by customs procedures.
4. Returns and Refunds
All sales are generally considered final. We typically do not accept returns or offer refunds unless the item received is demonstrably the wrong item (significantly different from what was ordered) or has a major, verifiable manufacturing defect reported to us with clear photographic proof within 3 days of the recorded delivery date.
We do not accept returns or provide refunds for issues arising from normal wear and tear, misuse, accidental damage, improper care, alterations, or damage occurring after delivery (including shipping damage – see Section 3). Customer dissatisfaction with the product in the absence of a defect or error on our part is generally not grounds for a return.
If a return is explicitly authorized by us in writing, you will be responsible for all return shipping costs, potentially including tracking and insurance. The item must be returned in its original, unused, and resalable condition with all original packaging.
Original shipping costs are non-refundable under any circumstances. If a refund is approved, it will be for the product cost only, minus any applicable fees.
5. Intellectual Property
All content included on or comprising the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, as well as product names and branding (e.g., Whim Supply), is the property of Whim Supply or its content suppliers and protected by Hong Kong and international intellectual property laws. You may not systematically extract or re-utilise parts of the contents of the Site without our express written consent.
6. Disclaimers of Warranties
THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, AND PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY WHIM SUPPLY ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WHIM SUPPLY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND PURCHASE AND USE OF PRODUCTS IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WHIM SUPPLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WHIM SUPPLY DOES NOT WARRANT THAT THE SITE, INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, ITS SERVERS (INCLUDING THOSE HOSTED BY GOOGLE SITES), OR ELECTRONIC COMMUNICATIONS SENT FROM WHIM SUPPLY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THAT PRODUCTS WILL MEET YOUR SPECIFIC REQUIREMENTS OR EXPECTATIONS.
7. Limitation of Liability
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WHIM SUPPLY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, OR FROM THE PURCHASE OR USE OF THE PRODUCTS THEMSELVES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR PURCHASING THE SPECIFIC PRODUCT(S) GIVING RISE TO THE CLAIM FROM THE SITE.
THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
8. Indemnification
You agree to defend, indemnify, and hold harmless Whim Supply and its owners, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney's fees) arising from: (i) your use of and access to the Site; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your use of a product caused damage to a third party.
9. Governing Law and Dispute Resolution
These Terms and any dispute arising out of or related to them or the Site or products purchased shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region, without regard to its conflict of law provisions. You agree that any legal action or proceeding between you and Whim Supply shall be brought exclusively in the courts located in Hong Kong SAR.
10. Third-Party Services (Google Sites, Stripe)
Our Site is hosted on Google Sites and uses Stripe for payment processing. Your use of these services is also subject to their respective terms of service and privacy policies. We are not responsible for the availability, accuracy, performance, or practices of these third-party services. Any issues related to payment processing via Stripe must be directed to Stripe.
11. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide notice on the Site prior to the change taking effect (e.g., by updating the "Last Updated" date). What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Site after any revisions become effective, you agree to be bound by the revised terms.
12. Termination
We may terminate or suspend your access to the Site immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
13. Miscellaneous
These Terms constitute the entire agreement between you and Whim Supply regarding the use of the Site and purchase of products. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The section titles in these Terms are for convenience only and have no legal or contractual effect.
14. Contact Us
If you have any questions about these Terms, please contact us at: whimsupply@gmail.com