Terms & Conditions - Whale-Online-Shop

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Terms and Conditions

1. Overview

Welcome to the family of websites and applications provided by WHALE. These Terms of Use govern your access to and use of all WHALE Sites. By using the WHALE Sites, you affirm that you are of legal age to enter into these Terms of Use or, if you are not, that you have obtained parental or guardian consent to agree to these Terms of Use, and your parent or guardian has consented to these Terms of Use on your behalf. If you violate or do not agree to these Terms of Use, then your access to and use of the WHALE Sites is unauthorized. Additional terms and conditions may apply where relevant services are offered on the WHALE Sites or elsewhere, and such terms are incorporated into these Terms of Use by reference.

This website is operated by saintler.com. Throughout the site, the terms “we,” “us,” and “our” refer to saintler.com. saintler.com provides this website, including all information, tools, and services available to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated herein.

By visiting our site or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including any additional terms, conditions, and policies referenced herein or available via hyperlink. These Terms of Service apply to all users of the site, including but not limited to browsers, vendors, customers, merchants, and/or content contributors.

Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.

Any new features or tools added to the current platform shall also be subject to the Terms of Service. You may review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the site following the posting of any changes constitutes acceptance of those changes.

2. Your Use of the WHALE Sites

You certify that the content you provide on or through the Whale Sites is accurate and that the information you provide on or through the Whale Sites is complete. You are solely responsible for maintaining the confidentiality and security of your account, including your username and password. Whale is not liable for any losses arising from the unauthorized use of your account.

You agree that Whale has no responsibility if you lose or share access to your device. Any agreement between you and the issuer of your credit card, debit card, or other payment method will continue to govern your use of such payment method on the Whale Sites. You acknowledge that Whale is not a party to such agreements, nor is Whale responsible for the content, accuracy, or availability of any payment method used.

Your account may be restricted or canceled for any reason at our sole discretion. Unless otherwise provided by law, we may, at any time and without prior notice:

Modify, restrict access to, suspend, or discontinue the Whale Sites or any portion thereof;
Impose, modify, or waive any fees required to use any service, feature, or other content available through the Whale Sites or any portion thereof.

3.Accuracy, Completeness, and Timeliness of Information

We are not responsible if the information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

4.Products or Services (if applicable)

Certain products or services may be available exclusively online through our website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display our products as accurately as possible, including colors and images as they appear in our store. However, we cannot guarantee that the display of any color on your computer monitor will be accurate.

We reserve the right (but are not obligated) to:

Limit sales of our products or services to any person, geographic region or jurisdiction
Limit the quantities of any products or services we offer
Discontinue any product at any time

All product descriptions and pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that:

The quality of any products, services, information, or other material purchased or obtained by you will meet your expectations
Any errors in the service will be corrected

5.Third-Party Links

Certain content, products, and services available through our Service may include materials from third parties.

Third-party links on this site may direct you to external websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant or assume any obligation or liability for any third-party materials or websites, or for any other materials, products or services of third parties.

We are not responsible for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

6. Orders

A. Order Acceptance and Billing

You represent and warrant that you have the right to use any credit card or other payment method you provide to us. By submitting your payment card information, you authorize us to store and use the card as a payment method for purchases made through your saintler.com account, including on WHALE-affiliated sites and properties accessed through your saintler.com account credentials.

By confirming your purchase at the end of the checkout process, you agree to accept and pay for the products, as well as all applicable shipping and handling fees and taxes. For most orders, you will not be charged until the order has been shipped.

WHALE reserves the right, with or without prior notice, to limit the quantity of items purchased per person, per household, or per order for any reason. We will attempt to notify you if such limits are applied.

In addition to any other remedies available, WHALE may, at its sole discretion, restrict or cancel your account, or cancel or reject orders for violations or abuse of WHALE’s return policy.

B. Pricing and Availability Information

WHALE cannot confirm the price or availability of an item until after your order is placed. Pricing or availability errors may occur on the WHALE Sites. Receipt of an order confirmation does not constitute our acceptance of your order or our confirmation of an offer to sell a product. WHALE reserves the right to cancel any order containing pricing or availability errors, without further obligation to you, even after you have received an order confirmation or shipping notification from WHALE. WHALE may, at its discretion, contact you for instructions or cancel your order and notify you of such cancellation.

C. Promotional Codes

Promotional codes are limited in nature and may expire or be suspended with or without notice. Promotional codes are void where prohibited by law. Promotional codes may not be sold or otherwise transferred. They are not redeemable for cash and are subject to cancellation or modification at any time and for any reason without notice. We reserve the right, at our discretion, to impose conditions on the use of any promotional code.

7. Shipping and Delivery

Products will be shipped to an address designated by you, if applicable, provided that such address is complete and complies with the shipping restrictions contained on the WHALE Sites. All transactions are conducted in accordance with a shipping contract, and as a result, the risk of loss and title to the products pass to you upon delivery of the products to the carrier. Delivery restrictions and estimated delivery times are available in our Returns & Replacements section.

8. Promotions

Any sweepstakes, contests, surveys, games, or similar promotions (collectively, “Promotions”) made available through the WHALE Sites may be governed by rules that are separate from or supplemental to these Terms of Use. If you participate in any Promotion, please review the applicable rules as well as our Privacy Policy. In the event of any conflict between the Promotion rules and these Terms of Use, the Promotion rules shall prevail.

9. Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. If we make changes to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

When you register or place orders on the website, your email address will be received. By default, you will be subscribed to promotions such as exclusive discounts and other information. In addition, you can unsubscribe from our marketing emails at any time by clicking on the link in the footer of the email.

10. Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control or input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind or endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party providers.

We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.

11. User Comments, Feedback and Other Submissions

You may submit certain specific submissions (such as contest entries) at our request or without request, and send us creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by postal mail or otherwise (collectively, “comments”). This means you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments you forward to us. We are and shall be under no obligation (1) to keep any comments confidential; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but are not obligated to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or that violates any party’s intellectual property or these Terms and Conditions.

You agree that your comments will not violate any third-party rights, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your comments will not contain defamatory or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We assume no responsibility for comments posted by you or any third party.

12. Personal Information

Your submission of personal information through our store is governed by our Privacy Policy. Please refer to our Privacy Policy for more information.

13. Errors, Inaccuracies and Omissions

Occasionally, there may be information on our site or in our Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including but not limited to pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

14.Disclaimer of Warranties and Limitation of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk.

The service and all products delivered to you through the service are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall WHALE, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available through the service, even if advised of their possibility.

Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

15. Indemnización

You agree to indemnify, defend and hold harmless WHALE and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

16. Severability

If any provision of these Terms and Conditions is found to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed severed from these Terms and Conditions, and such determination shall not affect the validity and enforceability of any other remaining provisions.

17. Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our judgment you fail to comply with any term or provision of these Terms and Conditions, we may terminate this agreement at any time without notice. You will remain liable for all amounts due up to and including the date of termination, and/or we may consequently deny you access to our Services (or any part thereof).

You may cancel your registered account with us at your sole discretion by notifying your desire to do so via email, PROVIDED THAT all existing orders at the time of your cancellation request have been fully fulfilled. A particular order shall be considered fully terminated when such order (a) has been delivered, (b) was canceled before payment, or (c) has been returned according to our Returns Policy.

Please be advised that once your account is canceled, you will not be able to:
(a) log in to our sites as a registered user;
(b) look up your orders through Order Tracking;
(c) view any comments posted by you on the sites;
(d) use unused coupons from before your cancellation request or receive new coupons;
(e) request any personal data we collected from you as we will delete and remove all personal data from our system, including but not limited to your personal data related to your orders, delivery address, purchase records and purchase history;
(f) request to reactivate your account or reclaim your account, although you may still create a new account using the same email address without access to any personal data from the canceled account.

We assure you that we will not send newsletters or marketing emails after we accept and process your account cancellation, and we appreciate your understanding that you may still receive our marketing emails during the transition period from when your request is processed until your personal data is deleted from our system.

We will request your written confirmation upon receiving your account cancellation request, and when we are satisfied that you fully understand the implications of your request, we commit to processing your request within 14 calendar days. The final outcome will be communicated to you via email. We appreciate your patience.

(Note: This translation strictly follows the original format while accurately conveying all legal terms and conditions in proper English contractual language, maintaining all substantive provisions without modification to structure or content.)

18. Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

These Terms and Conditions, together with any policies and operating rules posted by us on this website relating to the Service, constitute the complete agreement and understanding between you and us, and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals between you and us (whether oral or written) (including but not limited to any previous versions of the Terms and Conditions).

Any ambiguity in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

19. Governing Law

These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws.

20. Modifications to the Terms and Conditions

You may review the most current version of the Terms and Conditions at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.