Privacy Policy and Terms of Use
Whimsy Rose understands that privacy is extremely important to all visitors to whimsyrose.com (together with all forms of information accessible thereon, the "Website"). This policy explains the personal information we collect on the Website, how we use it and when it is shared with third parties. This policy applies only to information collected and received by the Website and does not apply to information Whimsy Rose receives through other means, such as phone or fax orders and comment cards. By accessing, browsing or utilizing this site you are accepting without limitation or qualification, this Privacy Policy of Whimsy Rose as stated herein, and acknowledge that any other agreement between you and Whimsy Rose concerning the subject matter herein is superseded by this Privacy Policy and of no force or effect. If you do not agree to this Privacy Policy, you should not use this site. If you have questions regarding this Privacy Policy, or feel that Whimsy Rose is not abiding by this policy, please contact us at info@whimsyrose.com or by calling 314-997-1999.
Information Collected and Used
It is not necessary to provide any information to view the information contained on the Website. While Whimsy Rose will attempt to inform you if information that personally identifies you or allows you to be contacted is needed, Whimsy Rose does not guarantee that you will receive an alert that such information is being collected.
Usage of any Website online ordering feature will require you to enter personal information, such as your name, address, e-mail, phone number and, if ordering, relevant credit card information, and will result in your automatically being registered in our database of customers. Please note it is not necessary to order online from Whimsy Rose or the Website to register with us. The Website may collect certain information about your visit, such as the name of the Internet service provider and the Internet Protocol (IP) address through which you access the Internet; the date and time you access the Website; the pages that you access while at the Website and the Internet address of the Website from which you linked directly to our site. This information is used for the operation and improvement of the Website.
If you choose to associate your name or other personally identifiable information with your User ID, your activities on this website may be identifiable to third parties. Once your account is established you have the choice of receiving future communications from Whimsy Rose if you choose. Your preferences can be altered at any time and as frequently as you like. Information gathered and input into the registration and ordering module voluntarily by yourself, such as name, address, ordering preferences, along with information submitted via other means, electronic or otherwise, including data, questions, comments, suggestions, or the like is and will be treated as non-confidential and non-proprietary. Credit card information will be treated as confidential and is protected by industry standard encryption, firewall and password protection technology.
Anything outside of credit card information that you transmit to the Website may be used by Whimsy Rose for any purpose, including, but not limited to reproduction, disclosure, transmission, publication, broadcast and posting.
Furthermore, Whimsy Rose is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the site. Such use may include, but shall not be limited to the following:
To accurately conform submitted orders to those specifications listed at time of entry.
To accurately ship and deliver orders to the delivery address specified at time of order entry.
To enhance our customers' experiences on our web site and in consuming our products.
To provide you with information and/or services you have requested such as newsletters, menu updates, seasonal specials, coupons, rewards, special events, new features, etc. from either Whimsy Rose or our vendors.
To learn more about our customers and potential customers.
To allow a forum for you to ask questions and receive responses via our "Contact Us" page or other communication means, electronic or otherwise.
To measure the effectiveness of our marketing campaigns.
To develop new and/or improved menu selections and services.
Information Shared
Whimsy Rose utilizes third party suppliers and service providers to host and manage the Website and to support and process credit card orders, and may make personal information available to such third parties to the extent necessary to effectively and accurately host and manage the Website or to provide other services to Whimsy Rose.
Whimsy Rose may use personal information to provide you with more effective customer service, to improve the Website and any related Whimsy Rose products or services, and to make the Site easier to use by eliminating the need for you to repeatedly enter the same information or by customizing the Website to your particular preference or interests. Whimsy Rose does not and will not sell, rent or distribute collected personal information collected online to other vendors, companies, entities or organizations to independently solicit you for information, goods or services. Information may be shared with third party suppliers and service providers to ship customer orders, respond to specific customer requests or obtain their professional advice on how to improve Whimsy Rose's product and service offerings.
Whimsy Rose may disclose personal information if required to do so by law or in the good faith belief that such action is necessary to (a) conform to the edicts of the law or comply with legal process served on Whimsy Rose or the Site; (b) protect and defend the rights or property of Whimsy Rose, the Website, and our family of websites; or (c) act in urgent circumstances to protect the personal safety of Whimsy Rose employees or agents, users of Whimsy Rose products or services, or members of the public.
Whimsy Rose Security
When you submit information to Whimsy Rose it is protected both online and offline. Whenever sensitive information is transmitted, such as credit card information, it is encrypted and sent securely, which can be verified by looking in your web address bar at the top of your screen for the letters "https" at the beginning of the address, as well as in the bottom right corner of your screen for a closed padlock icon. Whimsy Rose operates secure data networks protected by industry standard firewall and password protected systems. Credit card information is protected by encryption, firewall and password protection technology. Whimsy Rose maintains appropriate physical, electronic and procedural safeguards to guard the integrity and privacy of these networks and your personal information. While we cannot guarantee there will never be a security issue, Whimsy Rose and our agents that have access to your personal information carefully guard against the loss, misuse or alteration of the information we collect on our site. Despite these reasonable efforts, you should be aware that transmissions by means of the Internet cannot be guaranteed to be 100% secure. Accordingly, Whimsy Rose shall have no liability for disclosure of your information due to errors or unauthorized or improper acts.
Site Usage Information/Cookies
Whimsy Rose uses "cookies" on this site. A cookie is a small piece of data that is stored on a visitor's hard drive that allows improved access to Whimsy Roses site and identifies repeat visitors. Cookies also allow us to track the interests and preferences of visitors to our site without knowing their personal information or identity. Whimsy Rose gathers this aggregate, non-personal, demographic information and uses it to make the site more appealing and functional to our visitors. This data does not identify you individually and may be shared anonymously with other third parties outside of Whimsy Rose. Whimsy Rose may also partner with a third party delivery service and a credit card processor, and need to share contact, shipping and billing information with them in order to accurately process and deliver your order. The parties are not allowed to use or share this information for purposes other than processing your order.
Changes to Personal information
If for any reason you wish to change or verify your personal information on file with Whimsy Rose, you may do so at any time and as frequently as you like by logging in to your account. Or you may submit your request in writing to:
Whimsy Rose
1641 Dielman Rd.
St. Louis, MO 63132
Upon receipt, Whimsy Rose will change and adjust your information as requested as soon as is reasonably possible, unless it is necessary to retain this information for dispute resolution, troubleshooting and/or other valid legal and business operating reasons. Please note that requests to remove personal information will not include actual historical transactions.
Governing Law
Whimsy Rose operates this site within the United States of America. Our online privacy practices are governed by the laws of the United States of America, the State of Missouri and the City of St. Louis, which may differ from laws in your city, state and country. By submitting your personal information to this web site, you consent to the transfer of your personal information to any country and its use and disclosure in accordance with United States Federal, Missouri state and City of St. Louis municipal law. You agree that any dispute arising from or relating in any way to this web site will be brought exclusively in the Federal or State courts located in the State of Missouri and you irrevocably agree to submit to the jurisdiction of such courts. Further, you agree to indemnify, defend and hold harmless Whimsy Rose and its agents and affiliates against any claim, liability, expense or damages arising from or relating to your use of this web site. If any provision of this Privacy Policy shall be deemed unlawful, void, or for any other reason unenforceable, then that provision shall be deemed severable from this Privacy Policy and shall not effect the validity and enforceability of any remaining provisions.
Changes in Our Privacy Policy
Whimsy Rose reserves the rights to change, amend, adjust, add to or delete from our Privacy Policy as stated here from time to time, as necessary and without notice. Check this site frequently to obtain updates.
Contact Information
If you believe that Whimsy Rose has not adhered to this privacy statement, please contact us by e-mail at info@whimsyrose.com or via postal mail at the address provided below, and we will use reasonable efforts to promptly determine and remedy the problem.
Whimsy Rose
1641 Dielman Rd.
St. Louis, MO 63132
Order Cancellation Policy
To cancel and order you have placed at whimsyrose.com you must contact customer support by email (info@whimsyrose.com) or by phone (314-997-1999). Every effort will be made to accommodate the cancellation as long as it has not yet shipped.
Returns + Replacements
Please contact our Customer Support for help in determining whether the item appears defective. If it is, Support will provide instructions for returning the item. Shipping costs to us are paid by the customer, all costs to ship back to the customer are paid by us. (Please note printing irregularities that are part of the process are not considered a flaw.)
Terms + Conditions
Terms and Conditions PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Whimsy Rose. The collective work includes works that are licensed to Whimsy Rose. Copyright 2011, Whimsy Rose ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Whimsy Rose or purchasing Whimsy Rose products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Whimsy Rose or to purchase Whimsy Rose products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Whimsy Rose. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of Whimsy Rose used in the site are trademarks or registered trademarks of Whimsy Rose
Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Whimsy Rose disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Whimsy Rose does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Whimsy Rose does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Whimsy Rose shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Whimsy Rose has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a Whimsy Rose product is mistakenly listed at an incorrect price, Whimsy Rose reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Whimsy Rose reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Whimsy Rose shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Whimsy Rose without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
Whimsy Rose may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Whimsy Rose.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of Missouri, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Whimsy Rose products) shall be in the state or federal courts located in St. Louis County, Missouri. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Whimsy Rose products) must be commenced within one (1) year after the claim or cause of action arises. Whimsy Rose's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Whimsy Rose may assign its rights and duties under this Agreement to any party at any time without notice to you.
User of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Whimsy Rose or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
Whimsy Rose does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Whimsy Rose is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Whimsy Rose reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Whimsy Rose in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Whimsy Rose, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, Whimsy Rose may link to sites operated by third parties. However, even if the third party is affiliated with Whimsy Rose, Whimsy Rose has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Whimsy Rose. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Whimsy Rose seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
