1. ABOUT WHIMSONA

Whimsona is an independent art studio creating and selling original artwork, art-inspired merchandise, personalized artwork, and other creative products.

Our store is hosted on Shopify, which provides the e-commerce platform that allows us to sell our products and services online.

2. USING OUR WEBSITE

By using this website, you agree to use it only for lawful purposes and in a way that does not infringe upon the rights of Whimsona or any third party.

You must not:

• Use the website or its content for any unlawful purpose.
• Attempt to interfere with the security or functionality of the website.
• Copy, reproduce, distribute, modify, or commercially exploit our artwork, photographs, illustrations, text, branding, or other website content without our written permission.
• Use our artwork or website content to train, develop, or support artificial intelligence or machine-learning systems without our explicit written permission.
• Misrepresent yourself or provide false information when placing an order.

We reserve the right to refuse or cancel orders or restrict access to our website where we reasonably believe these terms have been violated.

3. OUR PRODUCTS & ARTWORK

We make every effort to display our products, artwork, colours, textures, and details as accurately as possible.

However, colours may appear slightly different depending on your screen, device, lighting, or display settings. Small variations may also occur between handmade or individually produced items.

Some products may have slight differences from photographs or previous batches. These variations are not necessarily defects and are part of the nature of individually created products.

Product descriptions, prices, availability, dimensions, and specifications may be updated or changed from time to time without prior notice.

We reserve the right to discontinue any product or limit the quantity available for purchase.

4. PERSONALISED & CUSTOM ARTWORK

For personalised or custom artwork, you are responsible for providing accurate information, photographs, names, dates, spellings, references, and other details required to complete your order.

Please review the information you provide carefully before submitting your order.

Whimsona is not responsible for errors resulting from incorrect or incomplete information provided by the customer.

Because personalized artwork is created specifically for you, personalized/custom products may not be eligible for cancellation, return, exchange, or refund once work or production has begun, except where required by applicable law or where the product arrives damaged or defective.

If we need clarification regarding your custom order, we may contact you using the contact information provided at checkout. Delays in responding may affect the estimated completion or dispatch time.

5. ORDERS

Placing an order on our website constitutes an offer to purchase the selected products.

An order is considered accepted once we have successfully received and processed your payment and confirmed the order.

We reserve the right to refuse, cancel, or limit an order in certain circumstances, including but not limited to:

• Product availability issues.
• Pricing or listing errors.
• Suspected fraudulent or unauthorised transactions.
• Incorrect customer or shipping information.
• Orders that appear to be placed for unauthorized resale or commercial purposes.

If we cancel an order after payment has been received, we will provide an appropriate refund for the cancelled portion of the order.

6. PRICING & PAYMENT

All prices displayed on the website are in Indian Rupees (INR) unless otherwise stated.

Prices may change at any time. However, once an order has been successfully placed and confirmed, the price applicable to that order will generally remain the price shown at checkout, subject to correction of genuine pricing or technical errors.

You agree to provide accurate billing, shipping, and contact information when placing an order.

Payments are processed through the payment methods made available at checkout. Whimsona does not directly store your complete card or payment credentials.

7. SHIPPING & DELIVERY

We aim to dispatch orders within the processing time stated on the relevant product page or communicated to you.

Delivery timelines are estimates and may vary depending on the destination, courier service, weather, public holidays, unforeseen circumstances, or other factors outside our control.

Once an order has been handed over to the shipping carrier, delivery is also subject to the carrier's processes and timelines.

Please ensure that your shipping address, phone number, and other delivery details are correct before completing your purchase.

If an order is returned to us because of an incorrect address, failed delivery attempts, refusal to accept the parcel, or other circumstances attributable to the customer, additional shipping charges may apply if the order needs to be sent again.

8. RETURNS, EXCHANGES & REFUNDS

Our returns, exchanges, cancellations, and refunds are governed by our Shipping & Return Policy, which forms part of these Terms & Conditions.

Please review that policy before placing an order.

For damaged, defective, or incorrect products, we may require photographs, videos, packaging information, or other evidence to assess the issue.

We reserve the right to determine the appropriate resolution based on the circumstances and our applicable policies.

Personalised and custom-made products may have different cancellation and return conditions because they are created specifically for the customer.

9. INTELLECTUAL PROPERTY & COPYRIGHT

All artwork, illustrations, designs, photographs, graphics, written content, logos, branding, and other creative material displayed on the Whimsona website and associated platforms belong to Whimsona or are used with appropriate permission.

Purchasing a Whimsona product does not transfer copyright, ownership of the original artwork, or reproduction rights to the customer.

Unless we have given you explicit written permission, you
may not:

• Reproduce, copy, trace, redraw, scan, or modify our artwork.
• Sell or commercially distribute our artwork or designs.
• Use our artwork on merchandise or products for resale.
• Claim our artwork as your own.
• Remove Whimsona branding or copyright information where applicable.
• Use our artwork, photographs, or designs to train or develop AI or machine-learning systems.
• Upload, redistribute, or share high-resolution artwork files obtained from Whimsona.
• Create derivative works for commercial use.

This applies to artwork purchased as physical products as well as artwork displayed on our website, social media, promotional material, or other platforms.

If you would like to license or commercially use a Whimsona artwork or design, please contact us for written permission.

10. PERSONALISATION MATERIALS & CUSTOMER CONTENT

When you provide photographs, names, messages, or other materials to create a personalized product, you confirm that you have the necessary permission to provide and use those materials for the purpose of fulfilling your order.

You retain ownership of materials that you provide to us, except for the rights necessary for us to use them to create and fulfil your order.

We will use customer-provided materials only as reasonably necessary to provide the requested product or service, subject to our Privacy Policy.

11. PHOTOGRAPHS OF CUSTOM WORK

Where appropriate, Whimsona may photograph or showcase completed artwork or products for portfolio, website, social media, or promotional purposes.

If your order contains personal information or a private photograph and you do not want the completed work to be displayed publicly, please let us know when placing your order.

We will make reasonable efforts to respect such requests.

12. THIRD-PARTY SERVICES & LINKS

Our website may use third-party services such as payment processors, shipping providers, analytics tools, Shopify, and other services necessary to operate our store.

We may also provide links to third-party websites.

Whimsona is not responsible for the content, availability, policies, or practices of third-party websites or services. Your use of such services may be subject to their own terms and policies.

13. WEBSITE INFORMATION & ERRORS

We try our best to ensure that the information on our website is accurate and up to date.

However, occasional typographical errors, incorrect pricing, inaccurate descriptions, technical errors, or omissions may occur.

We reserve the right to correct errors, update information, modify product details, or cancel orders affected by an obvious error.

If an order is cancelled because of an error, any payment received for that cancelled order will be refunded appropriately.

14. AVAILABILITY OF THE WEBSITE

We aim to keep the website available and functioning properly, but we cannot guarantee that the website will always be
uninterrupted, secure, or error-free.

The website may occasionally be unavailable due to maintenance, technical issues, updates, third-party service interruptions, or circumstances beyond our reasonable control.

15. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, Whimsona Art Studio shall not be responsible for indirect, incidental, or consequential losses arising from the use of our website or products.

Our responsibility in relation to a particular purchase will generally be limited to the remedies available under our applicable policies and the amount paid for the affected product, except where a different limitation is not permitted by law.

Nothing in these Terms is intended to exclude or limit any rights or protections that cannot legally be excluded or limited under applicable law.

16. EVENTS BEYOND OUR CONTROL

We will not be responsible for delays or failure to perform our obligations where the cause is outside our reasonable control.

This may include natural disasters, extreme weather, strikes, government restrictions, public emergencies, internet or technical failures, courier disruptions, or other unforeseen circumstances.

Where reasonably possible, we will communicate significant delays and work with you to resolve the situation.

17. PRIVACY

Your use of our website and submission of personal information is also governed by our Privacy Policy.

Please review our Privacy Policy to understand how information provided through the website is collected, used, stored, and protected.

18. CHANGES TO THESE TERMS

We may update or change these Terms & Conditions from time to time to reflect changes to our business, products, services, policies, or applicable requirements.

The latest version will always be posted on this page with the updated date.

Your continued use of the website after changes have been posted constitutes acceptance of the updated Terms, to the extent permitted by applicable law.

19. GOVERNING LAW

These Terms & Conditions shall be governed by and interpreted in accordance with the laws of India.

Any disputes arising in connection with these Terms or your use of the Whimsona website shall be subject to the applicable courts and legal authorities in India.

20. CONTACT US

If you have any questions about these Terms & Conditions, your order, or our policies, please contact Whimsona at:

Whimsona Art Studio
Email: whimsona@gmail.com
Website: www.whimsona.com

Operational address: Chowk Bazar Jugsalai, Jamshedpur, Jharkhand-831006

We'd be happy to help with any questions regarding your order or our policies.

By using the Whimsona website or placing an order, you acknowledge that you have read and agreed to these Terms & Conditions.