TERMS & CONDITIONS

Please read these terms and conditions of use carefully. Whimsical Healing LLC provides you access and use of this site subject to your compliance with these terms and conditions of use (the "Site Terms"). By accessing, browsing and using this site (the "Site"), you agree to be bound by the site terms and all applicable law. If you do not agree to be bound by the site terms and applicable law each time you use this site or you do not have the authority to agree to or accept these site terms, you may not use the site.

 

The paragraphs below provide detailed information about our terms and conditions of use. Additional policies and terms apply to use of specific portions of this Site and to the purchase of certain Merchandise or Services and are included as part of the Site Terms. Please refer and review all additional specific terms and conditions. The Site Terms apply exclusively to your access to, and use of, this Site and do not alter in any way the terms or conditions of any other agreement you may have with Whimsical Healing LLC for products, services, or otherwise.

 

Whimsical Healing LLC has adopted a Privacy Statement that you should refer to in order to fully understand how we use and collect information. To learn about Whimsical Healing LLC privacy practices, please refer to the Privacy Statement section of the Site.

 

Whimsical Healing LLC reserves the right to modify these Site Terms in our sole discretion from time to time and only Whimsical Healing LLC has the right to do so. If the Site Terms are changed, we will post the new terms on the Site. Any changes or modification will be effective upon posting of the Site Terms as revised, and your use of the Site following the posting will constitute your acceptance of the new Site Terms.

 

Trademarks Whimsical Healing, WHIMSICAL HEALING, whimsicalhealing, and whimsicalhealing.com and all other registered trademarks owned by Whimsical Healing LLC and their respective designs and/or logos are either trademarks or registered trademarks of Whimsical Healing LLC and may not be copied, imitated or used, in whole or in part, without the prior written permission of Whimsical Healing LLC. In addition, all page headers, custom graphics, button icons, and scripts are trademarks, and/or trade dress of Whimsical Healing LLC, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Whimsical Healing LLC. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners. Ownership All Site Materials are owned by us and others and are protected by United States and international copyright, trademark and other laws. Except as stated in the Site Terms, none of the materials and Intellectual Property described in these Site Terms may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Whimsical Healing LLC or the respective intellectual property owner. You may electronically copy and print to hard copy portions of this Site for the sole purpose of using materials it contains for informational and non-commercial, personal use only. Any other use of the materials in this Site - including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance - without the prior written permission of Whimsical Healing LLC - is strictly prohibited. Any software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively "Software"), that may be made available on this Site is licensed to you, for your use on this site, by Whimsical Healing LLC on a non-exclusive and limited basis. Whimsical Healing LLC shall retain full and complete title and all intellectual property rights to Software. You shall not copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any Software.

 

Linking To Site, you are granted a limited, non-exclusive right to create a hypertext link to a complete page on this Site, provided such link does not portray Whimsical Healing LLC or any of its products and services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any Whimsical Healing LLC trademark, logo or other proprietary information, including the images found at this Site, the content of any text or the layout/design of any page, or form contained on a page without Whimsical Healing LLC's express written consent. All other linking is prohibited without prior consent from Whimsical Healing LLC. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Whimsical Healing LLC or any third party Whimsical Healing LLC makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of web sites accessible by hyperlink from this Site, or web sites linking to this Site.

 

License And Site Access, Whimsical Healing LLC grants you a limited license to make personal use only of the Site. Such grant does not include, without limitation: (a) any resale or commercial use of this Site or any Site Materials (defined below); (b) modification, adaptation, translation, reverse engineering, decompilation, disassembly or conversion into human readable form any of the Site materials not intended to be so read, including use of or directly viewing the underlying HTML or other code from this Site except as interpreted and displayed in a web browser; (c) copying, imitating, mirroring, reproducing, distributing, publishing, downloading, displaying, performing, posting or transmitting any Site Materials (including any Whimsical Healing LLC trademarks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; (d) the collection and use of any product listings or descriptions; (e) making derivative uses of the Site and any Site Materials; or (f) use of any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the Site Materials or to collect any information from the Site or any other user of the Site. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under a patent, trademark, copyright, or proprietary right of PWhimsical Healing LLC or any third party. You may not use any meta tags or any other "hidden text" utilizing Whimsical Healing LLC's name, trademark, or product name without our express written consent. "Site Materials" means all materials on the Site, including, without limitation, trademarks (as specifically defined in these Site Terms) design, product description, HTML text, graphics, other files, photographs, codes, software layout, designs forms and the selection and arrangement thereof. We may terminate this license and your use of or access to the Site if you make or permit any unauthorized use of this Site. Such actions by you may violate applicable law including, without limitation, copyright laws, trademark laws (including trade dress), and communications regulations and statutes. We reserve the right to have all violators prosecuted to the fullest extent of the law.

 

Product Disclaimer & Limitation of Liability,This site and the materials provided herein are provided on an "As Is" basis without warranties of any kind, either express or implied. Whimsical Healing LLC does not guarantee that any of the packaging that we offer is food-safe or will preserve the integrity, safety or quality of food products in transport, wholesale warehouse, retail locations or home use. Whimsical Healing LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement with respect to the site and materials, content, services and product on this site. Whimsical Healing LLC does not represent or warrant that materials in this site are accurate, complete, reliable, current, or error-free. Whimsical Healing LLC is not responsible for typographical errors or omissions relating to pricing, text or photography. Whimsical Healing LLC does not represent or warrant that this site or its server(s) are free of viruses or other harmful components, even if Whimsical Healing LLC or it's authorized representatives have been advised of the possibility of such damages. You expressly agree that use of this site, including all content, data or software distributed by, downloaded or accessed from or through this site is at your sole risk. In no event shall Whimsical Healing LLC be liable for any direct, special, punitive, exemplary, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits, lost savings loss of business opportunity or loss of data, whether in an action in contract, tort (including but not limited to negligence), or otherwise, arising out of or in any way connected with the use or inability to use this site or the materials contained in, or accessed through, this site. In no event shall the aggregate liability of Whimsical Healing LLC (whether in contract, warranty, tort (including but not limited to negligence), product liability, strict liability or other theory) arising out of or relating to the use of this site exceed $5 or the compensation you paid Whimsical Healing LLC, whichever is less. The foregoing remedy shall be subject to buyer’s notification of defect and return of the defective product within thirty (30 days) of purchase. The foregoing remedy does not apply to products that have been used or if damage occurs as a result of the failure of the buyer to follow specific instructions. Some jurisdictions do not allow limitations on implied warranties, or the exclusion or limitation of incidental or consequential damages. If these laws apply some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have rights additional to those contained herein. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Whimsical Healing LLC.

 

Changes, Misprints, Errors and Cancellations Subject to applicable law, we: (a) reserve the right to change the goods and services advertised or offered for sale through this Site, the prices or specifications of such goods and services, and any promotional offers and any other Site Materials (ie. Rewards Program) at any time and from time to time without any notice or liability to you or any other person; (b) cannot guarantee that goods or services advertised or offered for sale on this Site will be available when ordered or thereafter; (c) reserve the right to limit quantities sold or made available for sale; (d) do not warrant that the Site Materials (including without limitation product descriptions or photographs) are accurate, complete, reliable, current or error-free; and (e) reserve the right to cancel, to terminate or not to process orders (including accepted orders) where the price or other material information on this site is inaccurate or when we recognize abuse of our policies. If we do not process an order for such reason, we will cancel the order and will either not charge you or will apply credit to the payment type used on the order. Whimsical Healing LLC reserves the right to refuse service and products to anyone. Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of the provisions of this section may not apply to you.

 

Passwords and Security, If you use a password to access this Site or any portion of it, then you are responsible for maintaining the confidentiality of the password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur on your account or with your password. In the event that the confidentiality of your account or password is compromised in any manner, you will notify Whimsical Healing LLC immediately. Whimsical Healing LLC reserves the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Site and your account, including without limitation, terminating your account, changing your password or requesting information to authorize transactions on your account. Notwithstanding the above, Whimsical Healing LLC may rely on the authority of anyone accessing your account or using your password and in no event will Whimsical Healing LLC be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of Whimsical Healing LLC under this provision, (ii) any compromise of the confidentiality of your account or password, and (iii) any unauthorized access to your account or use of your password.

 

United States Usage, This Site is operated by a U.S. entity and is governed by the state and federal laws of the United States. The laws of your jurisdiction may be more or less strict than the laws that apply to this Site. If you access this Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These terms and conditions shall be governed by and construed in accordance with the laws of the State of California applicable to agreements made and entirely to be performed within California, without resort to its conflict of law provisions. Regardless of where you access this site, you agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed and adjudicated only in the federal or state courts located in Orange, California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding arising out of these terms and conditions. Notwithstanding any of these terms and conditions, Whimsical Healing LLC reserves the right, without notice and in its sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site if you violate any of these Site Terms or its policies. Upon termination, these Site Terms shall still apply.

 

Consent to Email Communication, When you visit this Site or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically and agree that we may communicate with you by email or by posting notices on this Web site.

 

Legal Equivalency, This electronic document and any other electronic documents, policies and guidelines incorporated herein will be: (i) deemed for all purposes to be a "writing" or "in writing," and to comply with all statutory, contractual, and other legal requirements for a writing: (ii) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (iii) deemed an "original" when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or administer of proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained. Severability If any provision of the Site Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these Site Terms and shall not affect the validity and enforceability of any remaining provisions.

 

Waivers, No waiver, express or implied, by either party of any breach of or default under these Site Terms will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.

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Privacy Policy

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Effective Date: 01/11/2023

 

When you use our website, interact with us, or when you receive communication from us, we want you to know how and why Whimsical Healing LLC collects and uses your contact information. We also want to let you know how you can review, update, or opt out of having your personal information stored with us.

 

Changes to this Privacy Policy

Here, we describe how we collect, store, use, and disclose your personal information when providing these services to you. Remember, this applies whenever you use our site or services, which means our website, services, or content. To keep up to date, we may change or add to this text. If we update this Policy, we will post the updated version here, so we encourage you to review it periodically.

 

This Privacy Policy Explains

• What information do we collect?

• How is your information used?

• How is your information shared?

• Cookies and Online Behavioral Advertising

• Your Information: Reviewing, Updating, or Choosing To Opt Out
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1. What Information Do We Collect?

We collect information you provide to us when you visit the Whimsical Healing LLC website or use Whimsical Healing LLC services. This section applies to Personal Information that we collect and process through the Whimsical Healing LLC website and in the usual course of our business, such as in connection with Whimsical Healing LLC services, events, sales and marketing activities. In this section "you" and "your" refers to Visitors or Customers. This includes:

• Account information. To create an account, you must provide a name and email. We also store your user account preferences and settings.

• Transactional information. When you purchase products, we will collect and store certain information from you, including your name, email address, phone number, delivery address, and other information that may identify you. We may also offer a functionality by which you can pay for your purchase using your credit or debit card or other payment account; please note that such information is not collected by us, but by third-party processors that process your payments.

• Support information. Whenever you reach out to our Customer Care team, we will collect and store any communications between us. This may include your name or email address.

• Information collected automatically when you use our site. During the use of our site and services, certain information about you and your device(s) may be received by us and stored automatically. This may include information related to the device you are using to access our services, web browser, operating system information, the date and time your visits, the domain name of your Internet service provider, the pages you visit, content you view, your search terms or other information about how you interact with our site or our services.

• Information from publicly available sources or third parties. When you login to our site or services using a third party like Facebook or Google, we may collect or receive information about you. This may include information about your purchase like your name, phone number, the products purchased, and its delivery location.

• Other information you provide to us. You may choose to provide other information directly to us. For example, we may collect information when you fill out a form, participate in Whimsical Healing LLC-sponsored activities or promotions, request customer support or otherwise communicate with us.

If you choose not to provide information, we may not be able to provide you with requested products, services or information.

 

Please note that the information we collect may represent the following categories of personal information:

• Identifiers such as name, postal and email addresses, internet protocol (IP) address, social media handles, username, password and other contact information used to register for and access our site or services.

• The following categories of personal information described in California Civil Code § 1798.80(e): (1) the personal information listed in the preceding bullet point as “identifiers,” (2) telephone number, (3) any other information that identifies, relates to, describes, or is capable of being associated with, a particular individual that we describe above.

• Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies;

• Internet or other electronic network activity information, including, but not limited to, browsing history on our site, search history on our site, and information regarding your interactions with our site, services, and advertisements;

• Audio information from calls placed to our Customer Care teams, and electronic information in the form of Internet and other electronic network activity information as described above;

• Inferences drawn from any of the information identified above to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

2. How Is Your Information Used?

Ways we use the information we collect include:

• Operate and administer our business, our website, and our services.

• Provide, maintain, and improve the Whimsical Healing LLC customer experience.

• Research and develop new products and services.

• Communicate order details such as invoices and other support and administrative messages.

• Communicate with you about products, services, offers, promotions, and events that will be of interest to you.

• Monitor and analyze trends, usage, and activities in connection with Whimsical Healing LLC in order to manage and deliver contextual and behavioral advertising.

• Administer rewards, surveys, sweepstakes, contests, or other promotional activities or events sponsored or managed by us or our business partners.

• Personalize the products, content, and promotions that match customer preferences.

• Tell you about the products or services or promotions or contests of our business partners.

• Ensure the security of our networks and systems.

• Protect against, identify and prevent fraud and other crime, claims and other liabilities.

• Comply with legal obligations and our policies.

• Establish, exercise or defend legal claims.

• Monitor and report compliance issues.

• Audits and reporting relating to particular transactions and interactions, including online interactions, you may have with us or others on our behalf.

• Detecting and protecting against security incidents, and malicious, deceptive, fraudulent or illegal activity, and prosecuting the same.

• Debugging to identify and repair errors in our systems.

• Short-term, transient use including contextual customization of ads.

• Providing services on our behalf or on behalf of another, including maintaining or servicing accounts, providing customer service, fulfilling transactions, verifying identity information, processing payments, and other services.

• Conducting internal research to develop and demonstrate technology.

• Conducting activity to verify, enhance, and maintain the quality or safety of websites, services or devices which we may own, control, or provide.

3. How Is Your Information Shared?

We may share personal information with third parties for any purpose described in Section 2 above (“How Is Your Information Used”), or for any other purpose that has been notified to you or to which you have consented. In addition, we may provide or share some or all of your personal information with:

 

a. Our Service Providers -Service providers under contract who help with our business operations.

 

b. Our other Business Partners - Third parties offering products or services that may be relevant to you, whose services you agree to use, you have expressed an interest in, or with whom you have authorized us to share your personal information (such as partners who help us provide sweepstakes or contests).

 

c. To comply with our Legal Obligations or in Connection with Legal Claims – We may share information with any third party to satisfy any requirement of laws, rules, regulations, legal process, or governmental requests, or in connection with investigating fraud or other illegal or unlawful activity or violations of our policies. We may also share information in connection with our establishment, exercise, or defense of legal claims. This may include disclosures in connection with protecting our website, services, or systems or with protecting the rights, property or personal safety of our users, customers, or the general public.

 

d. Sharing in Connection with Business Transfers – We may share personal information if we plan to sell or transfer all or part of our business; in such a case, we may share information with anyone involved in the sale or transfer.

 

Within the 12 months preceding the effective date of this Privacy Policy, we have disclosed substantially all of the categories of personal information listed in Section 1 (“What Information Do We Collect”) as described here for the business purposes listed in Section 2 above (“How Do We Use Your Information?).

 

We do not sell personal information for monetary or other financial consideration. As is common practice among businesses that operate Internet websites and mobile apps, within the past 12 months, we may have disclosed certain identifiers, information about the use of our websites and apps, and inferences drawn about you to our social media, advertising, and analytics partners for valuable consideration; to opt-out of such sharing, please see the section titled “Opt-Out Tools and Resources” below.

 

4. Cookies and Online Behavioral Advertising

We may partner with third parties (e.g., data management platforms, ad servers, ad network providers, or third-party advertisers) to provide you with advertisements that you see on our website or other websites. These parties use data technologies to collect information about your online activities over time on this and across other websites, to provide you targeted advertising based upon your interests, such as cookies, clear gifs, web beacons or similar technologies. This data collection may take place both on our website and on third-party websites that participate in ad networks or use similar third party providers. To learn more about your ability to opt out of certain of these technologies and for other information, please visit, the Digital Advertising Alliance and the Network Advertising Initiative.

 

5. Your Information: Reviewing, Updating, or Choosing To Opt Out

Applicable law may provide you with certain rights in regard to your personal information. Here is how we help support your rights to know about, access, update, delete, or opt-out of having your personal information shared, as available under law.

 

a. Accessing Information Using Your Whimsical Healing LLC Account

 

To the extent permitted under applicable law, you may have the right to request certain information about the categories of personal information we have collected about you, how we have used those types of information, and the categories of third parties with whom we have shared your information. You may also have the right to request the specific pieces of information we have collected about you.

 

To access, review or update your personal information held by Whimsical Healing LLC, visit your Account Dashboard. From your dashboard, select the option to update your account information, billing address, or shipping address. After updating your information, select the option to save your changes.

 

Please note that the law may require us to take steps to verify your identity before providing you with access to your information, and we may limit our response as permitted or required by applicable law.

 

b. Deletion Requests

 

To the extent permitted under applicable law, you may have the right to request that we delete personal information which we have collected from you. To make a deletion request email us at info@whimsicalhealing.com.

 

Please note that the law may require us to take steps to verify your identity before we can delete personal information, and information subject to deletion may be limited by applicable law.

 

c. Opting-Out of Promotional Communications To opt out of promotional communications, activities, or events from Whimsical Healing LLC, click the unsubscribe option located at the bottom of your email. Please reach out to us by phone or email at info@whimsicalhealing.com. Remember, when sending us your request, please use the same email you originally supplied. Your unsubscribe request or e-mail preference changes will be processed promptly, and in no event longer than ten business days. During that processing period, you may receive additional promotional emails from us.

 

To opt out of receiving SMS text messages, text back STOP to the number we send the text from, or by contacting us by phone or email at info@whimsicalhealing.com. When we receive an opt-out message from you for SMS text messages, we may send a text message confirming receipt.

 

Remember, if you opt out of receiving promotional communications from us, we may still reach out to communicate with you if we need to provide you with information about the services you are using from us, if we need to request information from you with respect to a transaction initiated by you, or for other non-marketing reasons.

 

d. Opt-Out Tools & Resources

 

If you are interested in more information about online behavioral advertising, and opting-out of the collection of personal information by social media, advertising, and analytics partners, you can use your device settings or other third-party opt-out tools to help you opt-out of behavioral advertising. Third-party applications are also available, depending on the platform provider, such as the Digital Advertising Alliance’s “AppChoices” app, that offer to provide you with control regarding the collection and use of cross-app data for behavioral advertising.

 

Subject to applicable law, we may not discriminate against you because of your exercise of any of the above rights, to the extent such rights are available to you under applicable law, including by denying goods or services, charging different prices or rates for goods or services, or providing a different level of quality of goods or services.