Terms of service

Overview

Welcome to Ocean Breeze Whimzys! The terms "we," "us," and "our" refer to Ocean Breeze Whimzys. We operate this store and website, including all related information, content, features, tools, products, and services, in order to provide you with a curated shopping experience (the "Services"). Ocean Breeze Whimzys is powered by Shopify.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, you should not use or access our Services.

Section 1 — Access and Account

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence.

To use the Services, you may be asked to provide certain information such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current, and complete.

You are solely responsible for maintaining the security of your account credentials and for all account activity. You may not transfer, sell, assign, or license your account to any other person.

Section 2 — Our Products

Ocean Breeze Whimzys sells mystery scoop products. Each scoop is hand-packed and contains a curated surprise selection of faith-inspired items. Because our products are mystery-based by nature:

  • The specific items in each scoop vary and are not guaranteed to match any particular expectation
  • Colors and product appearance may differ from how they appear on your screen
  • Product descriptions and offerings are subject to change at any time without notice

We reserve the right to discontinue any product and may limit quantities on a case-by-case basis.

Section 3 — Orders

When you place an order, you are making an offer to purchase. Ocean Breeze Whimzys reserves the right to accept or decline your order at its discretion. Your order is not accepted until we confirm acceptance and process your payment.

Please review your order carefully before submitting. Because our products are hand-packed mystery items, we may be unable to accommodate cancellation requests after an order is accepted.

Your purchases are subject to our Refund Policy. All sales are final — see that policy for details on damaged or missing items.

You represent and warrant that your purchases are for personal or household use and not for commercial resale.

Section 4 — Prices and Billing

Prices are subject to change without notice. The price charged will be the price in effect at the time your order is placed, as shown in your order confirmation email. Current pricing is displayed on the product page.

All prices include free U.S. shipping within the United States. Unless otherwise stated, posted prices do not include applicable taxes.

You agree to provide current, complete, and accurate payment information for all purchases and represent that you are authorized to use the payment method provided.

Section 5 — Shipping and Delivery

We offer free shipping within the United States. Every scoop is hand-packed by Brenda with care before shipping.

All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers or events outside our control. Once we transfer your package to the carrier, title and risk of loss passes to you.

Section 6 — Intellectual Property

All content on this site — including text, images, graphics, logos, and design — is owned by Ocean Breeze Whimzys or its licensors and is protected by U.S. intellectual property laws.

You may use the Services for personal, non-commercial use only. You may not reproduce, distribute, modify, or create derivative works from any material on the Services without our prior written consent.

Ocean Breeze Whimzys's names, logos, and designs are our trademarks. Shopify's name, logo, and designs are trademarks of Shopify. All other trademarks belong to their respective owners.

Section 7 — Third-Party Tools and Links

The Services may include access to tools or links to websites operated by third parties. We do not monitor or control these third-party services and provide access to them "as is" without any warranties or endorsement.

Your use of any third-party tools or websites is at your own risk. Please review their terms and policies before engaging with them.

Section 8 — Relationship with Shopify

Ocean Breeze Whimzys is powered by Shopify. However, all sales and purchases are made directly with Ocean Breeze Whimzys. Shopify is not responsible for any aspect of any sale between you and us, including any injury, damage, or loss resulting from purchased products. You expressly release Shopify and its affiliates from all related claims and liabilities.

Section 9 — Privacy

All personal information we collect is subject to our Privacy Policy and certain information may be subject to Shopify's Privacy Policy.

Because the Services are hosted by Shopify, your information may be transmitted to and shared with Shopify and third parties in other countries in order to provide the Services to you.

Section 10 — Feedback

If you submit any ideas, suggestions, reviews, or other feedback, you grant us a perpetual, worldwide, royalty-free license to use, reproduce, modify, and distribute that feedback for any purpose.

You represent that you own or have all necessary rights to any feedback you submit and that it does not violate the rights of any third party.

Section 11 — Prohibited Uses

You may only access and use the Services for lawful purposes. You may not:

  • Use the Services for any unlawful or malicious purpose
  • Violate any applicable laws or regulations
  • Infringe on our intellectual property or the rights of others
  • Harass, abuse, or harm any person
  • Transmit false or misleading information, spam, or malicious code
  • Use bots, scrapers, AI agents, or automated tools to access the Services
  • Attempt to circumvent any security features

We reserve the right to suspend or terminate your account at any time if you violate these Terms.

Section 12 — Agents

If you deploy any automated software or "Agent" to access or interact with our Services, that Agent must:

  • Identify itself as an Agent in all requests
  • Not conceal or mimic human behavior
  • Not circumvent CAPTCHAs or access controls
  • Respond truthfully to prompts about whether it is a human or computer

We may limit Agent access to the Services at any time by any means.

Section 13 — Termination

We may terminate this agreement or your access to the Services at any time without notice. You remain liable for all amounts due up to the date of termination. Sections covering Intellectual Property, Feedback, Disclaimers, Liability, Indemnification, and Governing Law survive termination.

Section 14 — Disclaimer of Warranties

THE SERVICES AND ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

Section 15 — Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, OCEAN BREEZE WHIMZYS, OUR PARTNERS, OFFICERS, EMPLOYEES, AFFILIATES, AND SHOPIFY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THEM.

Section 16 — Indemnification

You agree to indemnify and hold harmless Ocean Breeze Whimzys, Shopify, and our affiliates from any losses, damages, or claims arising from your breach of these Terms, your violation of any law, or your use of the Services.

Section 17 — General Provisions

  • Severability: If any provision is found unenforceable, the remaining provisions remain in full effect.
  • Waiver: Our failure to enforce any right does not constitute a waiver of that right.
  • Entire Agreement: These Terms constitute the entire agreement between you and us regarding the Services.
  • Assignment: You may not assign these Terms without our consent. We may assign them without notice.
  • Errors: We reserve the right to correct any errors, inaccuracies, or omissions on the site and to cancel orders if information is inaccurate, without prior notice.

Section 18 — Governing Law

These Terms shall be governed by the laws of the State of Tennessee. You and Ocean Breeze Whimzys consent to venue and personal jurisdiction in the courts of Coffee County, Tennessee.

Section 19 — Changes to Terms

We reserve the right to update these Terms at any time. Changes will be posted on this page. Your continued use of the Services after any changes constitutes acceptance of the new Terms.

Section 20 — Contact

Ocean Breeze Whimzys
Brenda Belzer
2085 Turkey Creek Loop
Tullahoma, TN 37388
info@oceanbreezewhimzys.com
(931) 857-0011