terms-conditions

This website is operated by QuirkyCarts. Throughout the site, the terms “we”, “us”, and “our” refer to QuirkyCarts. We offer this website—including all information, tools, and services (the “Service”)—to you conditioned upon your acceptance of these Terms of Service, along with any additional terms, conditions, policies, and notices referenced herein.

By accessing this site and/or purchasing something from us, you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, you may not access the website or use any of our services.

We reserve the right to update, change, or replace any part of these Terms at any time by posting updates on our website. It is your responsibility to check this page periodically for any changes. Your continued use of the website following any changes constitutes your acceptance of those changes.

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

SECTION 1 – Online Store Terms

  • By agreeing to these Terms, you confirm that you are of legal age in your state or province of residence, or that you have obtained the necessary consent from your parent or guardian.
  • You agree not to use our products for any illegal or unauthorized purpose, nor violate any laws in your jurisdiction (including copyright laws) while using the Service.
  • You must not transmit any worms, viruses, or any code of a destructive nature.
  • Any breach of these Terms may result in the immediate termination of your access to our Service.

SECTION 2 – General Conditions

  • We reserve the right to refuse service to anyone at any time for any reason.
  • Except for credit card information (which is always encrypted during transfer), any other data you provide may be transmitted unencrypted over various networks and adjusted to meet technical requirements.
  • You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without our express written permission.
  • The section headings are provided solely for convenience and do not affect the interpretation of these Terms.

SECTION 3 – Accuracy, Completeness, and Timeliness of Information

  • We do not guarantee that the information on this site is accurate, complete, or current. The material provided is for general information purposes only and should not be the sole basis for making decisions.
  • Historical information may be included for reference only. We reserve the right to modify the content at any time without any obligation to update it.
  • It is your responsibility to monitor changes to our site.

SECTION 4 – Modifications to the Service and Prices

  • Prices for our products are subject to change without notice.
  • We reserve the right to modify or discontinue any part or content of the Service at any time without notice.
  • We are not liable for any modifications, price changes, suspensions, or discontinuations of the Service.

SECTION 5 – Products or Services (if applicable)

  • Certain products or services may be available exclusively online, may be offered in limited quantities, and are subject to our Return Policy.
  • While we strive to display product colors and images accurately, we cannot guarantee that your monitor’s display will reflect the true color.
  • We reserve the right to limit sales of our products or services to any person, geographic region, or jurisdiction on a case-by-case basis.
  • Product descriptions and pricing are subject to change without notice. Any offer for a product or service is void where prohibited.
  • We do not guarantee that the quality of any product or service will meet your expectations or that any errors in the Service will be corrected.

SECTION 6 – Accuracy of Billing and Account Information

  • We reserve the right to refuse any order you place. We may limit or cancel quantities purchased per person, household, or order at our discretion.
  • This may include orders placed using the same customer account, credit card, or billing/shipping address.
  • In the event of any changes or cancellation of an order, we may notify you via the email, billing address, or phone number provided at the time of order.
  • You agree to provide current, complete, and accurate purchase and account information and to promptly update such information as needed.

For further details, please refer to our Returns Policy.

SECTION 7 – Optional Tools

  • We may provide access to third-party tools over which we have no control. These tools are provided on an “as is” and “as available” basis without any warranties.
  • We are not liable for any issues arising from your use of these optional tools.
  • Any new features or services we introduce in the future will also be subject to these Terms.

SECTION 8 – Third-Party Links

  • The Service may contain materials or links provided by third parties. These links are for your convenience only.
  • We are not responsible for the content, accuracy, or reliability of any third-party materials or websites and are not liable for any harm or damages arising from their use.
  • Please review the policies and practices of any third-party site before engaging in any transactions.

SECTION 9 – User Comments, Feedback, and Other Submissions

  • If you send us comments, feedback, or other submissions (whether at our request or unsolicited), you grant us permission to edit, copy, publish, distribute, or translate your submissions without any obligation to compensate you or maintain confidentiality.
  • We reserve the right to monitor, edit, or remove content that we deem unlawful, offensive, or otherwise objectionable.
  • You are solely responsible for the content you submit and must ensure that it does not infringe on any third-party rights.

SECTION 10 – Personal Information

  • Your submission of personal information through the website is governed by our Privacy Policy. Please review the Privacy Policy for more details.

SECTION 11 – Errors, Inaccuracies, and Omissions

  • Occasionally, the information on this site may contain errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, shipping charges, transit times, or availability.
  • We reserve the right to correct any errors or inaccuracies and update or cancel orders if any information is found to be inaccurate at any time without notice.
  • We are under no obligation to update or amend the information on the site except as required by law.

SECTION 12 – Prohibited Uses

You are prohibited from using the site or its content for any of the following purposes:

  • Illegal Purposes: Any unlawful purpose or to solicit others to engage in illegal activities.
  • Regulatory Violations: Any use that violates international, federal, state, or local laws or regulations.
  • Intellectual Property Infringement: Any infringement upon our or any third party’s intellectual property rights.
  • Harassment or Discrimination: Any conduct that harasses, abuses, defames, or discriminates against individuals based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
  • False or Misleading Information: Submitting false or misleading information.
  • Malware Transmission: Transmitting viruses or any other malicious code that could damage the Service.
  • Privacy Violations: Collecting or tracking personal information of others without consent.
  • Spam or Phishing: Engaging in spam, phishing, or scraping activities.
  • Obscenity: Using the site for any obscene or immoral purpose.
  • Security Breaches: Interfering with or bypassing the security features of the Service.

Any violation of these restrictions may result in the termination of your access to the Service.

SECTION 13 – Disclaimer of Warranties; Limitation of Liability

  • The Service and all products provided through it are offered on an “as is” and “as available” basis, without any warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
  • We do not guarantee that your use of the Service will be uninterrupted, timely, secure, or error-free, nor do we guarantee the accuracy or reliability of any results obtained from the Service.
  • Your use of the Service is at your sole risk.
  • In no event shall QuirkyCarts or its affiliates, directors, officers, employees, agents, contractors, or licensors be liable for any direct, indirect, incidental, punitive, or consequential damages arising out of or in connection with your use of the Service. This includes, but is not limited to, lost profits, lost revenue, data loss, or any other damages.
  • Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you.

SECTION 14 – Indemnification

You agree to indemnify, defend, and hold harmless QuirkyCarts and its affiliates, directors, officers, employees, agents, contractors, and licensors from any claims, demands, or damages (including reasonable attorneys’ fees) arising out of or related to:

  • Your breach of these Terms of Service or any applicable law.
  • Your violation of any third-party rights.

SECTION 15 – Severability

  • If any provision of these Terms is found to be invalid or unenforceable, that provision will be severed from the remaining Terms, which will continue to be in full force and effect.

SECTION 16 – Termination

  • These Terms of Service remain effective until terminated by either you or us.
  • You may terminate these Terms by notifying us that you no longer wish to use the Service.
  • If we determine that you have violated any provision of these Terms, we may terminate your access to the Service without prior notice, and you will remain liable for any obligations incurred up to the termination date.

SECTION 17 – Entire Agreement

  • These Terms, together with any policies or operating rules posted on this site or in connection with the Service, constitute the entire agreement between you and QuirkyCarts. They supersede all prior agreements, communications, or proposals, whether oral or written.
  • Any ambiguities in these Terms shall not be construed against the drafting party.

SECTION 18 – Governing Law

  • These Terms of Service and any separate agreements whereby we provide you with the Service shall be governed by and construed in accordance with the laws of the United States.

SECTION 19 – Changes to Terms of Service

  • We reserve the right to update, change, or replace any part of these Terms at our sole discretion by posting changes on our website.
  • It is your responsibility to review these Terms periodically. Your continued use of the website after any changes constitutes your acceptance of the revised Terms.

SECTION 20 – Contact Information

For any questions about these Terms of Service, please contact us at:
support@quirkycarts.com

SECTION 21 – SMS Marketing

  • By providing your phone number during checkout, via our subscription form, or through a keyword, you consent to receive text notifications (including order updates and abandoned cart reminders) and marketing messages.
  • Your phone number, name, and purchase information will be shared with our SMS platform SMSBump, which is owned by Yopto Inc. (a Tel Aviv-based company).
  • This data is used solely for sending you targeted marketing messages and notifications.
  • To opt out, reply with STOP to any text message from us or click the unsubscribe link provided in our messages. Please note that alternative methods of opting out may not be accepted.
  • Message and data rates may apply. For assistance, text HELP to the sender’s number or contact us.
  • Additionally, this website uses cookies to track items added to your shopping cart (including abandoned carts) for the purpose of sending SMS reminders.

SECTION 22 – Shipping Times

  • Shipping times vary. In extreme cases—such as during busy holiday periods or due to unforeseen events—orders may take up to 30 business days to arrive.
  • By making a purchase on our website, you agree not to initiate a chargeback or dispute the payment within 30 business days of your purchase.
  • If you encounter any payment or shipping issues, please contact us at support@quirkycarts.com and allow up to 30 business days for resolution.
  • If your order fails to arrive within 30 business days and you have evidence of contacting us without a satisfactory resolution, you may file a chargeback or dispute without further liability.

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