Terms of service

Terms of Use

Effective Date: November 21, 2025

Welcome to Whoops Creations (“we,” “us,” “our”). By accessing or using our website (whoopscreations.ca) or purchasing our products and services, you agree to these Terms of Use. Please read them carefully before using our site or placing an order.

If you do not agree to these Terms, please do not use our website.

1. Overview

These Terms apply to all visitors, customers, and users of our website, digital downloads, custom merchandise services, hand-painted artwork, and design services.

By using this site or purchasing from Whoops Creations, you confirm that you:

  • are at least 18 years old, or have parental/guardian permission

  • have the legal capacity to enter into agreements

  • will comply with all policies listed on this site (Terms, Privacy, Shipping, Returns, Digital Licence, and Quote Forms)

We reserve the right to update or change these Terms at any time.

2. General Conditions

We reserve the right to refuse service to anyone at any time for any reason, including (but not limited to):

  • inappropriate or abusive communication

  • unlawful or infringing artwork requests

  • unsafe, discriminatory, or harmful content

  • unrealistic requests that cannot be fulfilled to our quality standards

You agree not to misuse our products, services, or website, including:

  • uploading viruses or malicious code

  • attempting to breach website security

  • using our artwork in ways not permitted under our digital licence

  • redistributing or reselling digital files without permission

3. Online Store Accuracy

While we aim for accuracy, occasionally product descriptions, pricing, availability, and mock-ups may contain errors. We reserve the right to:

  • correct errors

  • update information

  • cancel or modify orders based on inaccurate listings

  • limit quantities

We are not liable for typographical errors.

4. Custom Merch, Sublimation, DTF & UV DTF

We offer:

  • sublimation printing

  • DTF (Direct to Film)

  • UV DTF decals

  • graphic design services

  • apparel customization

  • other heat-pressed physical goods

Important:

  • All printed colors may vary slightly based on screen settings, coatings, garment material, humidity, and vendor printing variations.

  • Once a proof is approved, Whoops Creations is not responsible for errors, misspellings, or omissions.

  • We do not remake items for color variation alone.

  • Client-provided artwork must be properly licensed. You confirm that you own or have the rights to any content you submit.

Any illegal or trademarked content (Disney, sports teams, logos, etc.) will be rejected unless proof of licensing is provided.

5. Digital Designs & Licensing

All seamless patterns, digital papers, graphics, and downloadable items are protected under copyright.

When purchasing a digital file, you are receiving a non-exclusive, non-transferable licence to use the file according to our Digital Licence Terms.

You may not:

  • resell or share the digital files

  • claim the artwork as your own

  • redistribute in any digital format

  • upload our work to digital marketplaces as your own

  • use our stitched-style designs to create new digital patterns

You may:

  • use the designs for personal crafting

  • use approved files for small-business physical end products

  • use the art for print-on-demand within licence limits

Digital products are non-refundable, even if downloaded by accident, purchased in the wrong size, or incompatible with your device or software.

6. Hand-Painted Artwork & Commissions

Hand-painted and custom artwork services include:

  • pet portraits

  • themed wood cutouts

  • acrylic paintings

  • custom designs upon request

Each piece is handcrafted and unique. Minor variations are normal and expected.

Custom art is non-refundable once work has begun.

7. Accuracy of Billing & Account Information

You agree to provide accurate and current:

  • billing information

  • shipping address

  • contact details

Incorrect information may delay or prevent delivery. Whoops Creations is not responsible for lost packages due to incorrect addresses.

We may cancel orders if:

  • information cannot be verified

  • payment is declined

  • the order violates copyright or our policies

8. Pricing & Payment

All prices on the website are in CAD unless stated otherwise.

We may change pricing at any time. Pricing adjustments do not apply retroactively to past orders.

Third-party payment platforms (Shopify Payments, PayPal, etc.) process your transaction securely. We do not store your credit card information.

9. Prohibited Uses

You may not use our site, products, or services for:

  • unlawful purposes

  • infringement of copyright or trademarks

  • harassment, hate speech, or abusive conduct

  • uploading malicious code

  • scraping, duplicating, or reverse-engineering our website

  • selling or redistributing digital files

Any violation may result in account suspension, cancelled orders, or legal action.

10. Third-Party Tools & Services

We may use third-party apps or integrations such as:

  • payment processors

  • Hulk Form Builder

  • print partners

  • analytics tools

We are not responsible for the accuracy, security, or performance of third-party providers. Use of these tools is at your own risk.

11. Errors, Omissions & Service Interruptions

We do not guarantee that our website:

  • will be error-free

  • will operate without interruption

  • will always display current information

  • will always be secure or virus-free

We may correct errors or update information at any time without notice.

12. Disclaimer of Warranties

All products and services are provided “as is” and “as available” without warranties of any kind, including:

  • merchantability

  • fitness for a specific purpose

  • non-infringement

  • uninterrupted availability

Custom results may vary due to the handcrafted nature of our work.

13. Limitation of Liability

To the fullest extent permitted by Canadian law:

Whoops Creations is not liable for any indirect, incidental, or consequential damages, including:

  • loss of profits

  • loss of data

  • business interruptions

  • issues caused by improper file usage

  • colour variations

  • user-submitted artwork violations

Our total liability will never exceed the amount paid for the product or service in question.

14. Indemnification

You agree to indemnify and hold harmless Whoops Creations, its owners, and affiliates against any claims arising from:

  • your misuse of our products

  • your violation of these Terms

  • your infringement of copyrights or trademarks

  • your use of client-provided artwork or files

15. Governing Law

These Terms are governed by the laws of New Brunswick, Canada, without regard to conflict of law principles.

Any disputes will be handled in the courts of New Brunswick.

16. Changes to These Terms

We may update these Terms at any time. The newest version will always be posted on our website.

Continued use of the website or purchase of our products indicates acceptance of the updated Terms.

17. Contact Information

For questions about these Terms, please contact:

Whoops Creations
Email: info@whoopscreations.ca
Address: 281 Restigouche Rd Suite 213, Oromocto, NB