Legal
Terms of Service
Effective Date: December 10, 2024
Website: whops.shop
By accessing or using this website and our online store, you agree to be bound by the following Terms of Service. If you do not agree, you must not use the website or place orders.
1. Parties and Definitions
1.1. These Terms are concluded between Whops! ("Company", "we", "us") and any person or entity that visits or uses whops.shop and/or places an order through the website ("User", "Customer", "you").
1.2. "Website" means all pages and services operated by the Company, including the online store and NFC/RFID landing pages managed by the Company.
1.3. "Products" means all clothing items, accessories and related digital experiences (such as playlist pages opened via NFC tags) offered for sale on the Website.
2. Scope
2.1. These Terms regulate the sale and delivery of Products ordered by the Customer through the Website and define the rights and obligations of the parties.
2.2. By using the Website, you agree to comply with these Terms and any policies referenced herein.
3. Access and Account
3.1. Internet access is required to use the Website. Any connection, data or device costs are your responsibility.
3.2. When creating an account, you agree that all information you provide is accurate, current and complete. You are responsible for keeping your account information up to date.
3.3. You are responsible for maintaining the confidentiality of your login credentials and for all activities occurring under your account.
4. Orders and Formation of Contract
4.1. Displaying Products on the Website is not a binding offer but an invitation to treat. Product availability is not guaranteed and we may cancel an order, in whole or in part, if items are out of stock.
4.2. To place an order, you must:
- Add Products to your cart
- Provide shipping and billing details
- Select a payment method and complete payment
- Receive an order confirmation email from us
4.3. The sales contract is formed once we electronically confirm your order.
4.4. In case of obvious pricing errors or system malfunctions that result in clearly unrealistic prices, we may cancel the order and refund the amount you have paid.
5. Products, Colors and Prints
5.1. Product images on the Website are for illustrative purposes only. Due to screen settings and lighting conditions, actual colors or details may differ slightly. Minor differences do not constitute a defect.
5.2. All prints, illustrations, logos, artworks and typography are owned by the Company or its licensors and may not be copied, reproduced or used commercially without prior written consent.
6. Pricing and Payment
6.1. Prices shown on the Website at the time of your order apply. Whether prices include taxes and other charges will be stated on the Website and in the order summary.
6.2. Accepted payment methods are listed on the Website.
6.3. Card information is processed by our payment provider. We do not store your full card number in our systems.
6.4. Orders for which payment is not successfully completed are not valid.
7. Shipping and Delivery
7.1. Products are delivered to the address you provide during checkout through our chosen shipping partners.
7.2. Delivery times indicated on the Website or during checkout are estimates only. Delays may occur due to logistical issues or force majeure events.
7.3. You are advised to check the package upon delivery. In case of visible damage or incorrect items, you should ask the courier to record the issue and, if possible, refuse delivery.
8. Right of Withdrawal, Returns and Exchanges
8.1. Depending on your country of residence and applicable consumer law, you may have a statutory right of withdrawal for distance contracts, typically at least 14 days from delivery for goods purchased online.
8.2. The withdrawal period usually starts on the day you or a third party indicated by you receive the Products.
8.3. The right of withdrawal may not apply, for example, to:
- Customised or personalised items
- Items that are not suitable for return for health or hygiene reasons once unsealed
- Other categories excluded by applicable law
8.4. Our detailed Returns and Exchanges Policy is published on the Website and forms an integral part of these Terms.
8.5. Returned items should be sent, as far as possible, with their original packaging, labels and invoice.
9. NFC / RFID Tags and Digital Experience
9.1. Certain Products may include NFC/RFID tags that, when tapped with a compatible device, direct you to digital content pages such as playlists or campaign pages.
9.2. The operation of NFC tags depends on your device's NFC capability, device model, operating system and third party applications. We do not guarantee that NFC tags will function on all devices or in all conditions, and you use them at your own risk.
9.3. We are not liable for any marks, residue, deformation or other effects that may arise on surfaces where NFC stickers are placed or removed.
9.4. NFC tags may contain small parts and are not toys. Keep them out of reach of children.
10. Intellectual Property
10.1. All content on the Website, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations and software, is the property of the Company or its licensors.
10.2. You may use this content only for personal, non-commercial purposes. Any reproduction, distribution or public display without our prior written consent is prohibited.
11. User Obligations and Prohibited Conduct
11.1. You agree to use the Website and services only in accordance with these Terms and applicable laws.
11.2. You must not:
- Interfere with or attempt to compromise the security or integrity of the Website
- Upload or transmit viruses, malware, automated bots or harmful code
- Attempt to access other users' accounts or data
- Scrape, copy or harvest Website content for commercial purposes
- Use the Website in a way that harms our reputation or infringes third party rights
12. Limitation of Liability
12.1. The Website and services are provided on an "as is" and "as available" basis, without warranties of any kind, to the fullest extent permitted by law.
12.2. To the maximum extent permitted by law, the Company is not liable for:
- Indirect, incidental, consequential or punitive damages
- Loss of profit, revenue, data or goodwill
- Any issues arising from internet connectivity, third party services or your device hardware or software
12.3. In any event, our total aggregate liability for any claim relating to a specific order shall not exceed the total amount you paid for that order.
13. Force Majeure
13.1. We are not responsible for any failure or delay in performance resulting from events beyond our reasonable control, including natural disasters, war, acts of terrorism, government actions, strikes, network failures or pandemics.
14. Changes to the Terms
14.1. We may update these Terms from time to time.
14.2. The revised Terms will be effective upon publication on the Website. Your continued use of the Website after such publication constitutes acceptance of the updated Terms.
15. Governing Law and Dispute Resolution
15.1. These Terms are governed by the laws of the Republic of Azerbaijan.
15.2. The parties will first attempt to resolve disputes amicably. If this is not possible, the competent courts of Baku shall have jurisdiction, without prejudice to any mandatory consumer rights you may have in your country of residence.
16. Contact
For any questions regarding these Terms, you can contact us at:
E-mail: info@whops.shop
Phone: +994 51 915 63 75
Address: Baku, Azerbaijan
