Terms of Service

These Terms of Service ("Terms") govern your access to and use of whisplux.com and any purchase you make from Whisp Inc ("Whisp," "we," "us," or "our"). By visiting our website, creating an account, or placing an order, you agree to these Terms.

Our Online Store

Whisp operates this website and online store. Our store is hosted by Shopify, which provides the ecommerce platform that allows us to offer products and services to you.

These Terms apply to all users of the website, including visitors, customers, and anyone who submits content or communicates with us through the website.

Eligibility

You must be at least the age of majority in your place of residence, or have permission from a parent or legal guardian, to make a purchase from our store. By using the website, you represent that you are legally able to enter into these Terms.

You may not use our products or website for any illegal or unauthorized purpose or in violation of applicable laws.

Accounts and Customer Information

If you create an account, you are responsible for keeping your login credentials confidential and for activities conducted through your account. Please notify us promptly if you suspect unauthorized access.

You agree to provide current, complete, and accurate purchase, billing, shipping, and account information. We are not responsible for delays or losses caused by incorrect or incomplete information supplied by a customer.

Products and Product Information

We make reasonable efforts to present product descriptions, colors, measurements, materials, and images accurately. However, colors and appearance may vary depending on your screen, lighting, production batch, or other factors. Minor variations that do not materially affect the product's use may occur.

All products are subject to availability. We may limit quantities, discontinue products, or update product information at any time. Nothing on the website guarantees that a product will remain available.

Please review product descriptions, sizing information, care instructions, and any warnings before purchasing or using a product.

Prices, Taxes, and Charges

Prices are displayed in the currency shown on the website and may change without notice. The price charged is the price displayed at checkout when your order is submitted, subject to correction of obvious errors.

Applicable taxes, shipping charges, duties, and other fees will be displayed at checkout when available. International customers may be responsible for import duties, customs charges, taxes, brokerage fees, or similar amounts imposed by the destination country, as explained in our Shipping Policy.

Orders and Acceptance

Submitting an order is an offer to purchase. An order confirmation acknowledges that we received your order but does not necessarily mean that we have accepted it.

We reserve the right to accept, reject, limit, or cancel an order for legitimate reasons, including:

• Product unavailability;
• Incorrect pricing or product information;
• Suspected fraud, unauthorized activity, or payment problems;
• Shipping restrictions or an undeliverable address;
• Orders that appear to be placed by resellers or distributors without approval; or
• Errors affecting the website or order-processing system.

If we cancel an order after payment has been collected, we will refund the amount charged for the cancelled item or order.

Payment

You authorize us and our payment providers to charge the payment method selected at checkout for your order and any amounts disclosed before purchase. Payment information is processed by third-party payment providers and is subject to their terms and privacy practices.

We may use fraud-prevention tools or request additional verification before accepting or fulfilling an order.

Shipping and Delivery

Processing times, estimated delivery windows, tracking, international shipping terms, customs charges, and procedures for delayed or missing shipments are described in our Shipping Policy.

Delivery dates are estimates unless we expressly agree otherwise. Delays may occur because of carriers, customs, weather, high order volumes, incorrect addresses, or events outside our reasonable control.

Returns, Refunds, and Exchanges

Eligibility requirements, the 14-day return-request period, return shipping responsibilities, non-returnable items, exchanges, damaged products, and refund processing are described in our Return & Refund Policy.

Please contact us and receive authorization before returning an item. These Terms do not limit any mandatory consumer rights that cannot legally be waived.

Promotions and Discount Codes

Promotions, discount codes, gifts, and special offers may be subject to additional conditions. Unless otherwise stated:

• Offers apply only during the stated promotional period;
• Discounts cannot be combined or applied retroactively;
• Discounts have no cash value;
• Excluded products or minimum-purchase requirements may apply; and
• We may cancel or correct a promotion affected by fraud, misuse, or an obvious error.

Acceptable Use

You agree not to:

• Use the website for unlawful, fraudulent, abusive, or harmful purposes;
• Interfere with the website's operation, security, or availability;
• Introduce viruses, malicious code, or other harmful technology;
• Attempt to gain unauthorized access to accounts, systems, or information;
• Scrape, copy, reproduce, resell, or commercially exploit website content without written permission;
• Misrepresent your identity or submit false or misleading information;
• Use automated systems to place orders or overwhelm the website; or
• Infringe the intellectual-property, privacy, or other rights of Whisp or any third party.

We may restrict or terminate access to the website where we reasonably believe these Terms have been violated.

Intellectual Property

The website and its content—including the Whisp name, logos, product names, designs, photographs, graphics, text, videos, layout, and software—are owned by or licensed to Whisp and are protected by intellectual-property laws.

We grant you a limited, personal, non-exclusive, non-transferable, and revocable right to access and use the website for lawful personal shopping purposes. No other license or right is granted.

Reviews and Other Content

If you submit a review, photograph, comment, suggestion, or other content, you confirm that you have the right to provide it and that it is accurate, lawful, and does not violate another person's rights.

You grant Whisp a non-exclusive, worldwide, royalty-free right to use, reproduce, display, adapt, and distribute submitted content for operating, promoting, and improving our business, subject to applicable law and our Privacy Policy.

We may remove submitted content that is unlawful, abusive, misleading, infringing, irrelevant, or otherwise inappropriate, but we are not obligated to monitor all content.

Third-Party Services and Links

The website may use or link to services operated by third parties, including Shopify, payment providers, delivery companies, social platforms, and other websites. We do not control and are not responsible for third-party content, availability, terms, security, or privacy practices.

Your use of third-party services may be governed by separate terms between you and the relevant provider.

Privacy

Our collection and use of personal information are described in our Privacy Policy. Our use of cookies and similar technologies is also explained there and will be described further in our Cookie Policy.

Disclaimer of Warranties

To the fullest extent permitted by law, the website and its content are provided on an “as is” and “as available” basis. We do not warrant that the website will always be uninterrupted, secure, error-free, or free of harmful components.

Products are provided subject to any express product descriptions and warranties stated on the website and any rights provided by applicable consumer law. Nothing in these Terms excludes warranties or consumer protections that cannot legally be excluded.

Limitation of Liability

To the fullest extent permitted by law, Whisp and its directors, officers, employees, affiliates, agents, contractors, suppliers, and service providers will not be liable for indirect, incidental, special, punitive, or consequential losses arising from your use of the website or purchase of products.

Where liability cannot be excluded, our aggregate liability relating to a product or order will not exceed the amount you paid for the product or order giving rise to the claim, except where a different limitation is required by law.

Nothing in these Terms limits liability that cannot legally be limited, including liability for fraud, willful misconduct, or other matters protected by applicable law.

Indemnification

To the extent permitted by law, you agree to indemnify and hold Whisp harmless from third-party claims, losses, liabilities, and reasonable expenses resulting from your unlawful use of the website, your violation of these Terms, or your infringement of another person's rights.

Events Beyond Our Control

We will not be responsible for delay or failure caused by events outside our reasonable control, including severe weather, natural disasters, transportation disruption, customs delays, labor disputes, government action, public-health emergencies, power or internet outages, cyber incidents, or supplier and carrier disruption.

Governing Law and Disputes

These Terms are governed by the laws of the State of New York, without regard to conflict-of-law principles. Any dispute that cannot be resolved informally may be brought in the state or federal courts located in New York County, New York, and you consent to their jurisdiction.

If you are a consumer residing outside New York, this section does not deprive you of mandatory protections or rights to bring a claim in another forum that apply under the laws of your place of residence.

Before beginning formal proceedings, we encourage you to contact us so that we can try to resolve the matter.

Changes to These Terms

We may revise these Terms to reflect changes in our business, website, services, or legal obligations. The current version will be posted on this page. Your continued use of the website after revised Terms take effect constitutes acceptance to the extent permitted by law.

Severability and Waiver

If any provision of these Terms is found to be unlawful or unenforceable, the remaining provisions will continue in effect. A failure by Whisp to enforce a provision does not waive our right to enforce it later.

Entire Agreement

These Terms, together with our Privacy Policy, Shipping Policy, Return & Refund Policy, and any additional terms presented at checkout, form the agreement between you and Whisp regarding your use of the website and purchases from us.

Contact Us

For questions about these Terms or an order, contact:

Whisp Inc
Email: contact@whisplux.com
Phone: 718-785-5170
530 7th Ave, M1
New York, NY 10018
United States

These Terms are intended to provide clear rules for using our website and purchasing from Whisp. Mandatory consumer rights under applicable law remain unaffected.