Whispart Terms of Service
Last Updated: October 26, 2025
1. Introduction
Welcome to Whispart. By accessing our website ([Your Website URL]) or purchasing our products, you agree to be bound by these Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you and Whispart regarding your use of our services.
If you do not agree with any part of these Terms, you must not use our website.
2. Use of Site & Prohibited Conduct
You agree to use our site only for lawful purposes. You are strictly prohibited from:
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Harassment: Using obscene, abusive, or threatening language in emails, chats, or reviews.
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Impersonation: Pretending to be a Whispart employee or another user.
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Fraud: Uploading false information or using stolen credit cards.
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Intellectual Property Theft: Copying, distributing, or scraping content (images, text, designs) from our site for commercial use without our written permission.
3. Product Descriptions & "Giclée" Disclaimer
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Nature of Products: Whispart sells Giclée Canvas Prints. While our artwork may depict textures like oil paint or acrylics, the physical product is a flat reproduction printed on canvas. It does not have actual raised textures (impasto).
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Colors: We make every effort to display colors accurately. However, due to monitor differences, actual print colors may vary slightly from what you see on your screen. This is not considered a defect.
4. Order Cancellation & Changes
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Cancellation Window: You may cancel your order for a full refund only before it enters production (usually within 12 hours of placement). Once an order is printed, it cannot be canceled.
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Address Changes: We can only update shipping addresses before the item ships. We are not responsible for packages lost due to incorrect addresses provided by the customer.
5. Shipping & Delivery
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Production Time: All art is handmade to order in Los Angeles. Please allow 2-4 business days for production.
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Risk of Loss: All items purchased from Whispart are made pursuant to a shipment contract. The risk of loss and title for such items pass to you upon our delivery to the carrier (UPS/USPS).
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Stolen Packages: If tracking shows "Delivered" but you did not receive it, you must contact the carrier directly. Whispart is not liable for stolen packages confirmed as delivered by GPS.
6. Returns, Refunds & Damages
(This section aligns with our Refund Policy)
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30-Day Policy: You may return items within 30 days of delivery.
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Buyer's Remorse: For non-defective returns, customer pays return shipping and a 15% restocking fee applies.
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Damages: Must be reported within 48 hours of delivery with photos. We reserve the right to request Proof of Destruction (e.g., cutting the canvas) instead of a return shipment for efficient resolution.
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Right to Refuse: Whispart reserves the right to refuse returns that do not meet our criteria (e.g., item damaged by customer, missing packaging).
7. Warranty Disclaimer
Whispart provides a limited warranty against manufacturing defects (e.g., loose canvas, fading ink) for 1 year from the date of purchase.
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Exclusions: This warranty does not cover damage caused by accident, misuse, normal wear and tear, or environmental factors (humidity, direct sunlight).
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Remedy: We will replace the defective item free of charge. Shipping costs for warranty claims are covered by Whispart.
8. Fraud Prevention & Zero Tolerance
We aggressively combat "Friendly Fraud" and "Wardrobing".
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Chargebacks: Filing a false chargeback (claiming "Item Not Received" or "Defective" without proof) is a violation of these Terms and Federal Law.
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Consequences: If you file a fraudulent chargeback:
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Your account will be permanently banned.
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We will report your identity and transaction details to FBI IC3, Signifyd, and credit bureaus.
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We will pursue debt collection for the disputed amount plus legal fees.
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Video Evidence: All outbound shipments are video-recorded to verify contents and condition before shipping.
9. Intellectual Property (Copyright & Trademarks)
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Our Content: All content on this site (including images, text, logos, and code) is the property of Whispart and protected by U.S. and international copyright laws.
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Artwork: The artwork sold on Whispart is either created in-house or licensed. Purchasing a print does not transfer any copyright or reproduction rights to you. You may not scan, copy, or resell the artwork for commercial purposes.
10. Limitation of Liability
To the fullest extent permitted by law, Whispart shall not be liable for any special, incidental, or consequential damages (including lost profits) arising from the use of, or inability to use, our products or website.
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Cap on Liability: In no event shall Whispart's liability exceed the actual price paid by you for the product.
11. Indemnification
You agree to indemnify, defend, and hold harmless Whispart, its officers, employees, and suppliers from any claims, losses, damages, and costs (including legal fees) resulting from:
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Your violation of these Terms.
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Your misuse of the Site.
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Your violation of any rights of a third party.
12. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any legal action or proceeding related to your access to, or use of, the Site shall be instituted in a state or federal court in Los Angeles, California.
13. Contact Information
Questions about the Terms of Service should be sent to us at:
Email: whispart1@outlook.com