OVERVIEW

www.thecheekywink.com (“the Websites”) are operated by The Cheeky Wink, LLC (“The Cheeky Wink”). Throughout the Websites, the terms “we”, “us” and “our” refer to The Cheeky Wink. The Cheeky Wink offers the Websites, including all information, tools and services available from the Websites to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our Websites and/ or purchasing something from us, you engage in our services and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Websites, limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

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

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can 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 this page. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Websites following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use the Websites or our products for any illegal or unauthorized purpose nor may you, in the use of our products or services, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of the services offered through the Websites.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Websites, use of the Websites, or access to the Websites or any contact on the Websites through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if the information made available on the Websites is not accurate, complete or current. The material on the Websites 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.

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

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue one or all of the Websites (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Websites.

SECTION 5 – PRODUCTS AND SERVICES

Certain products or services may be available exclusively online through the Websites. 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 as accurately as possible the colors and images of our products on the Websites. We cannot guarantee that your device’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on the Websites is void where prohibited.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in 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 credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail 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.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor 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 and without any 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 Websites 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 provider(s).

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

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via the Websites may include materials from third-parties.

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

We are not liable 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.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous 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 Websites or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise 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 take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 11 - ERRORS, OMISSIONS

Occasionally there may be information on the Website that contains typographical errors, 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 on the Websites 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 on the Websites, limitation, pricing information, except as required by law. No specified update or refresh date applied on the Websites, should be taken to indicate that all information on the Websites has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Websites or any of their content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Websites or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Websites or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Websites or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of the Websites will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Websites will be accurate or reliable.

You agree that from time to time we may remove all or part of the Websites for indefinite periods of time or cancel the Websites at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Websites is at your sole risk. THE WEBSITES AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE WEBSITES 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 The Cheeky Wink, 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, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE WEBSITES OR ANY PRODUCTS PROCURED USING THE WEBSITES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITES 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 WEBSITES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITES, EVEN IF ADVISED OF THEIR POSSIBILITY.

Because some states or jurisdictions do not allow the exclusion or the 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.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless The Cheeky Wink and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless 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.

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

SECTION 16 - 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 of Service are effective unless and until terminated by either you or us.

You may terminate these Terms of Service at any time by notifying us that you no longer wish to use the Websites or when you cease using the Websites.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to the Websites (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on the Websites or in respect to the Websites constitutes the entire agreement and understanding between you and us and govern your use of the Websites, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW AND JURISDICTION

All matters relating to the Websites and these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Websites shall be instituted exclusively in the federal or state courts of the State of Florida in each case located in the City of Titusville and County of Brevard, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to the Websites. It is your responsibility to check the Websites periodically for changes. Your continued use of or access to the Websites or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at thecheekywink@gmail.com

 

SECTION 21- SMS PRIVACY POLICY FOR THE CHEEKY WINK

**Privacy Policy for The Cheeky Wink**

At The Cheeky Wink, we are committed to protecting your privacy. This Privacy Policy outlines how we collect, use, disclose, and manage your personal information, including your consent to receive SMS communication from us.

**Collection of Personal Information:**
We may collect personal information from you when you visit our website, make a purchase, sign up for an account, or interact with us in any way. This information may include your name, email address, phone number, shipping address, and payment details.

**Use of Personal Information:**
We use the personal information we collect for various purposes, including processing your orders, communicating with you about your orders, providing customer support, and sending you marketing communications such as sales and promotions via SMS.

**SMS Communication:**
By providing your phone number and opting in to receive SMS communication from us, you consent to receive marketing messages, including sales and promotions, via SMS from The Cheeky Wink. Please note that SMS communication is only sent during the hours of 11:00 am EST to 8:00 pm EST.

**Disclosure of Personal Information:**
We may share your personal information with third-party service providers who assist us in operating our website, conducting our business, or servicing you, as long as those parties agree to keep this information confidential. We may also disclose your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property, or safety.

**Data Security:**
We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information.

**Your Rights:**
You have the right to opt-out of receiving SMS communication from us at any time. You can do this by replying "STOP" to any SMS message you receive from us. You also have the right to access, correct, or delete your personal information by contacting us using the information provided below.

**Changes to this Privacy Policy:**
We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website.

**Contact Us:**
If you have any questions about this Privacy Policy or our practices, please contact us at:

The Cheeky Wink
Address: [Insert Address]
Email: [Insert Email Address]
Phone: [Insert Phone Number]

By using our website and providing your personal information, you consent to the terms of this Privacy Policy.

This Privacy Policy was last updated on [Insert Date].

 

SECTION 22 - RETURNS

**Cheeky Wink Return Policy**

At Cheeky Wink, we strive to ensure your satisfaction with every purchase. To facilitate a smooth shopping experience, we have established the following return policy:

1. **Custom Made T-Shirts:**
  - We regret to inform you that custom made t-shirts are non-returnable and non-refundable. Due to the personalized nature of these items, we are unable to accept returns or exchanges unless there is a manufacturing defect or an error on our part.

2. **Non-Returnable Items:**
  - Certain items, including but not limited to sunglasses, perfume, bath and body products, and undergarments, cannot be returned for hygiene reasons. We kindly ask that you carefully consider your purchase before finalizing it.

3. **Product Description:**
  - Items eligible for return or exchange will be clearly specified in the product description. Please review this information carefully before making your purchase.

4. **Return Process:**
  - If an eligible item needs to be returned or exchanged, it must be initiated within 7 days from the time of delivery. We will not accept returns beyond this timeframe.
  - To initiate a return or exchange, please contact our customer service team for further assistance. We will provide you with detailed instructions on how to proceed.

5. **Restocking Fee:**
  - For items accepted for return or exchange, a 20% restocking fee will be deducted from the refund amount. This fee helps cover handling, processing, and restocking expenses incurred by Cheeky Wink.

6. **Condition of Returned Items:**
  - Returned items must be in their original condition, unworn, unwashed, and with all original tags and packaging intact. We reserve the right to refuse returns that do not meet these criteria or are deemed ineligible for return.

7. **Refunds and Exchanges:**
  - Refunds will be issued to the original payment method used for the purchase once the returned items are received and inspected by our team.
  - Exchanges are subject to product availability. If the desired item is out of stock, a refund will be processed instead.

8. **Shipping Costs:**
  - Please note that shipping costs incurred for returning items are the responsibility of the customer unless the return is due to a mistake on our part or a defective product.

9. **Final Sale Items:**
  - Some items may be marked as final sale and are non-returnable. These items will be clearly indicated as such in the product description.

10. **Policy Updates:**
  - Cheeky Wink reserves the right to modify or update this return policy at any time without prior notice. Any changes will be effective immediately upon posting on our website.

By making a purchase from Cheeky Wink, you acknowledge and agree to abide by the terms and conditions outlined in this return policy. If you have any questions or concerns regarding returns or exchanges, please don't hesitate to contact our customer service team for assistance. We are here to help ensure your shopping experience with us is enjoyable and hassle-free.