Terms of Service
Last Updated: December 5, 2018
Welcome to the Wee Possibilities Website (“Website”). Wee Possibilities is operated by Wee Possibilities, LLC (referred to herein as “Wee Possibilities”). This Terms of Use governs the use of the Wee Possibilities Website and orders for products through the Wee Possibilities website. When using or accessing the Wee Possibilities Website, you are agreeing to be bound to the terms within this Terms of Use and our Privacy Policy. This policy may refer to users as “you” or “user” and may refer to Wee Possibilities as “us,” “we,” or “our.” If you do not agree to the terms within this Terms of Use and the corresponding Privacy Policy, please do not access, use, or place orders on the Website.
PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. BY ACCESSING, USING, OR PLACING AN ORDER ON THE WEE POSSIBILITIES WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE, AND HAVE THE AUTHORITY TO AGREE, TO BE BOUND TO ALL THE TERMS OF OUR TERMS OF USE, OUR PRIVACY POLICY AND ANY OTHER LEGAL NOTICES OR GUIDELINES POSTED ON THE WEBSITE, WHICH SHALL BE INCORPORATED BY REFERENCE INTO THESE TERMS OF USES. IF YOU DO NOT AGREE TO THESE TERMS, EXIT THIS PAGE AND DO NOT ACCESS OR USE THE WEBSITE.
PRIVACY
Your privacy is very important to us. We designed our Privacy Policy to make important disclosures to you about how Wee Possibilities collects and uses the information you share on our Website. We encourage you to read the information contained in the Privacy Policy to make informed decisions.
RIGHT TO CHANGE WEBSITE CONTENT AND TERMS OF USE
The Website will be updated as product offerings change, or as the communication needs or desires of Wee Possibilities develop. Wee Possibilities makes no guarantees that content provided through the Website, the Website itself or any related services will remain available to the public. Wee Possibilities may also update or alter the layout, designs, or links within the Website. Wee Possibilities is not liable to you or to any third party for any modification, suspension or discontinuation of the Website or any related services.
Wee Possibilities reserves the right to update and change these Terms of Use, in its sole discretion, without notice. The “Last Updated” date at the top of these Terms of Use will indicate when the latest modifications were made. If we make a change to these Terms of Use that materially modifies your rights or obligations, we will make reasonable efforts to notify you of such change. New features that change the current Website shall be subject to these Terms of Use. If you continue to use the Website after any such updates or changes, you shall be deemed have consented to such updates or changes. If any update or change to these Terms of Use is not acceptable to you, your only remedy is to stop accessing and using the Website.
LINKS TO THIRD PARTY WEBSITES
Wee Possibilities may link to third party websites through the Website or in promotional emails. Wee Possibilities makes no guarantees that the websites featured on these links provide accurate or complete content. Links provided through the Website or in promotional emails do not create any control or endorsement relationship, or any affiliation with Wee Possibilities. Wee Possibilities is not responsible for any content, goods or services provided on or through these third party websites, and reserves the right to remove these third party links from the Wee Possibilities Website or from future promotional emails at any time. Please review the terms of use or privacy policies of these third-party websites for rights and restrictions related to such third party websites.
ORDER STATUS & RIGHT TO REFUSE OR LIMIT ORDERS
We currently only accept orders for shipment to the United States. All purchases through the Wee Possibilities Website are subject to product availability, though we do try to give estimates on delivery and available of inventory, and accept pre-orders to assist in your planning. There may be moments that products are backordered. If at the time of you placing an order there is limited or no product availability, you will be notified of estimated availability. Wee Possibilities may, in its sole discretion, limit or cancel the quantities of any product or service offered on its Website, and may limit the sales of products or services to any person, household, geographic region or jurisdiction.
RETURNS & EXCHANGES
We do not offer refunds for custom or personalized blankets. We do not offer returns on sale items.
We currently offer refunds (minus original shipping/handling costs) for unused blankets with original tags, if the return is shipped within 7 days of delivery. The blanket must be in its original condition. The blanket must be unused, unwashed, and not have any kind of smoke smell or pet hair on it. Please include a note in the return which includes your name and order number. The purchaser is responsible for paying return shipping. Return shipping must include a valid tracking number, and the shipment must be delivered to: Wee Possibilities P.O. Box 572 Bayside, CA 95524. A refund will be processed within 5 business days of us receiving the returned product.
If you are unsatisfied with your blanket or there is an error, please contact us within 3 days of receiving your blanket and include an overview of why you’re dissatisfied, your order number, and any relevant photos. Clear photos must be provided if you feel your blanket arrived damaged. We will review your request and work to make sure you’re happy with the final solution. We will notify you of the approval or rejection of your request. If approved, a replacement shipment will be sent to you within 3 - 5 business days, or a refund will be processed within 5 business days of receiving the returned product. Once shipped, you will receive an email confirmation with tracking information.
INTENDED USES & SAFETY
Wee Possibilities creates blankets that may be used with children, under the supervision of adults. Do not leave babies or infants unattended with the blankets; and keep the blankets out of baby and infant sleep spaces.
USE OF WEE POSSIBILITIES INTELLECTUAL PROPERTY
Unless otherwise noted, the Website, and all materials on the Website including text, images, illustrations, designs, graphics, sounds, icons, photographs, video clips and other materials, and the selection and arrangement thereof, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the “Contents”), are owned, controlled or licensed by Wee Possibilities and other trademarks appearing on the Website are the trademarks of Wee Possibilities or its affiliates, including the represented designers or companies of the products being offered.
The Website and the Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Website.
CONSENT TO ELECTRONIC COMMUNICATION
By providing information to the Wee Possibilities website, such as signing up for a newsletter or promotion, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
LIMITATION OF LIABILITY
THE WEE POSSIBILITIES WEBSITE IS INTENDED FOR PERSONAL USE. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS WEE POSSIBILITIES AND ITS SUBSIDIARIES, AGENTS, LICENSORS, MANAGERS, AND OTHER AFFILIATED COMPANIES, AND THEIR EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS AND DIRECTORS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY’S FEES) ARISING FROM: (I) YOUR USE OF AND ACCESS TO THE WEBSITE, INCLUDING ANY DATA OR CONTENT TRANSMITTED OR RECEIVED BY YOU; (II) YOUR VIOLATION OF ANY TERM OF OUR TERMS OF USE OR PRIVACY POLICY INCLUDING WITHOUT LIMITATION YOUR BREACH OF ANY OF THE REPRESENTATIONS AND WARRANTIES YOU MAKE IN THE TERMS OF USE OR PRIVACY POLICY; (III) YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY RIGHT OF PRIVACY OR INTELLECTUAL PROPERTY RIGHTS; (IV) YOUR VIOLATION OF ANY APPLICABLE LAW, RULE OR REGULATION.
REVIEWS & CONFIDENTIAL INFORMATION BY USERS
Wee Possibilities does offer users an opportunity to rate and review the product publicly. You are responsible for the accuracy of your content and your review may be removed or censored if deemed inappropriate by Wee Possibilities.
We are grateful for your feedback on Wee Possibilities’ products and love hearing stories about how much your loved ones enjoy snuggling with our blankets, however, except for information necessary to place an order, joining a mailing list, or asking questions regarding our products, Wee Possibilities discourages users from sending any confidential or proprietary information through the Website, including our feedback and questions forms. Absent an additional agreement, any information, materials, suggestions, ideas or comments sent to Wee Possibilities through these forms, by mail, or by email will be considered non-confidential, and by submitting it, you are giving Wee Possibilities the absolute right to use, modify, reproduce, transmit, display and distribute it for any purpose whatsoever, with no payment or other compensation to you.
COMMENTS & FEEDBACK
In compliance with your rights under California Civil Code 1789.3, you have the right to contact Wee Possibilities with any complaints or to seek additional information. You may email Wee Possibilities at dream@weepossibilities.com. You may also call 707-840-5339. For any physical documents, you may send mail to: Wee Possibilities P.O. Box 572 Bayside, CA 95524.
If California users have any questions or complaints about Wee Possibilities, they may also contact The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs through writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. If you’re a European resident and you would like more information on your personal data rights or the information we may have collected on you, you may also contact us at dream@weepossibilities.com.
ARBITRATION
By accessing or using the Wee Possibilities Website you agree that any dispute, claim or controversy arising out of or relating to these Terms of Use or the breach, termination, enforcement, interpretation or validity thereof or the use of the Website, blog or any related services (collectively, "Disputes") will be settled by binding arbitration between you and Wee Possibilities in front of a neutral arbitrator, and not a judge or jury. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS CONTRACT (except the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights). YOU ACKNOWLEDGE AND AGREE THAT, BY ENTERING INTO THESE TERMS OF USE, YOU AND WEE POSSIBILITIES ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and Wee Possibilities otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding.
ARBITRATION RULES AND GOVERNING LAW
Arbitration shall take place in Redding, California, using California law. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as provided in these Terms of Use (the AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879). The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
WAIVERS
The failure of Wee Possibilities to exercise or enforce any provision of these Terms of Use shall not constitute a waiver of such right or provision, of any other provision or of Wee Possibilities right to require strict observance of each remaining term. If any provision or section of these Terms of Use is found to be unenforceable or invalid for any reason, that provision or section shall be severable, and all other provisions shall remain in full force and effect. These Terms of Use and the corresponding Privacy Policy constitute the entire agreement between Wee Possibilities relating to your use of the Website, superseding any prior agreements between you and Wee Possibilities (including, but not limited to, any prior versions of these Terms of Use).
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