Overview
This website is operated by Quackatoa. Throughout the site, the terms “we,” “us,” and “our” refer to Quackatoa. Quackatoa offers this website, including all information, tools, services, email publications, online communications, and other distributions (collectively, the “Service”) to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. By visiting our site and/or purchasing products from us, you agree to be bound by these Terms of Service (“Terms”), including any additional terms referenced herein. These Terms apply to all users of the site, including without limitation browsers, vendors, customers, merchants, and contributors of content. If you do not agree to all Terms, you may not access the website or use any services. Any new features or tools added to the site shall also be subject to these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms. Your continued use of or access to the Service following the posting of any changes constitutes acceptance of those changes.
Privacy Policy
By using Quackatoa.store (the “Site”), you agree to our Privacy Policy, which explains how we collect, use, and protect your personal information.
Cookies and Tracking
We use cookies and similar technologies to improve your experience. By continuing to use the Site, you consent to this use.
Age Restrictions
The Site is not intended for individuals under 18. Minors may not create accounts or place orders. By using the Site, you represent that you are at least the age of majority in your jurisdiction or have obtained consent from a guardian.
International Users
The Site is operated in the United States and is intended for users located in the U.S. If you access or use the Site from outside the U.S., you do so at your own risk and are responsible for compliance with local laws. Quackatoa is not responsible for compliance with laws outside the United States.
Accessibility
Quackatoa strives to make the Site accessible to all users. Please review our Accessibility Policy for details.
Online Store Terms
You may not use our products for illegal or unauthorized purposes, violate laws in your jurisdiction, transmit harmful code, or breach these Terms. Violation may result in immediate termination of your access. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without our express written permission. Headings are for convenience only and do not limit these Terms.
General Conditions
We reserve the right to refuse service to anyone for any reason. Content (excluding credit card information) may be transferred unencrypted across networks, though credit card information is always encrypted. You are responsible for providing accurate account information, monitoring updates to the Site, and complying with applicable laws when using the Service.
Contents
All materials on this Site, including images, designs, icons, photographs, illustrations, video, music clips, and other materials (collectively, the “Contents”), are copyrights, trademarks, trade dress, or other forms of intellectual property owned, controlled, or licensed by Quackatoa. The Site as a whole is protected by copyright and trade dress, and all worldwide rights are owned by Quackatoa.
You are granted a limited, non-exclusive, non-transferable license to access and use the Contents of the Site for personal, non-commercial purposes only. Any other use, including reproduction, distribution, or commercial exploitation, is strictly prohibited without our express written permission.
The Contents of the Site are intended for personal, non-commercial use, except for the ability to purchase goods online. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell, participate in any sale of, or otherwise exploit, in whole or in part, any of the Contents, the Site, or any related software without our express written permission.
Accuracy, Completeness, and Timeliness of Information
We are not responsible if information on this Site is inaccurate, incomplete, or outdated. The material is provided for general information only and should not be relied upon as the sole basis for decisions; users are encouraged to consult primary, more accurate, or timely sources. Reliance on information from the Site is at your own risk.
This Site may contain historical information, which is necessarily not current and is provided for reference only.
We reserve the right to modify or update the Site at any time without obligation. You are responsible for monitoring changes to the Site.
Errors, Inaccuracies, and Omissions
We may correct errors, inaccuracies, or omissions in product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability at any time, including after an order has been submitted, without prior notice. Typographical errors are included in this provision. We undertake no obligation to update, amend, or clarify information on the Site or in the Service except as required by law. The absence of a specified update or refresh date does not imply that information has been modified or updated. Reliance on information from the Site or Service is at your own risk.
Modifications to Service and Prices
Prices for our products and the Service are subject to change, modification, or discontinuation at any time without notice. We shall not be liable to you or any third-party for any such changes, modifications, suspensions, or discontinuations.
Products or Services
Certain products or services may be available exclusively online and in limited quantities. All products are subject to our Return Policy. We strive to display colors and images accurately but cannot guarantee monitor accuracy. We reserve the right to limit sales by geographic region, quantity, or other factors, and to modify or discontinue products or services at any time. All descriptions and pricing are subject to change at our sole discretion. We do not warrant that the quality of any products, services, information, or other materials purchased or obtained will meet your expectations, or that errors in the Service will be corrected. Any offer for a product or service on this site is void where prohibited.
Personalized Products
Customer Responsibility for Personalization
Customers are solely responsible for the content and accuracy of personalized products, including text, names, slogans, images, files, and designs. You are responsible for ensuring all personalization details are correct before submitting your order.
No Liability for Consequences
Quackatoa is not responsible for any direct, indirect, incidental, or consequential damages arising from your personalization choices, including personal, professional, legal, or financial consequences.
Responsibility for Errors
We are not responsible for correcting any customer errors during personalization, including misspellings, incorrect file uploads, or inaccuracies in submitted content.
Compliance with Laws
Customers must ensure that all personalization complies with applicable local, state, and federal laws, including intellectual property, copyright, trademark, and defamation laws.
Inappropriate or Offensive Content
Quackatoa may refuse or cancel any order containing content deemed inappropriate, offensive, or in violation of our policies. This includes content that targets, demeans, or promotes harm toward marginalized or at-risk groups, as well as any content that encourages or depicts violence.
Customers remain fully responsible for any legal issues or consequences arising from the content they submit.
No Obligation to Review Content
Quackatoa has no obligation to review, monitor, or censor any personalized content submitted by customers. Customers accept full responsibility for all submitted content.
Hold Harmless
By submitting a personalized order, you agree to hold Quackatoa harmless from any claims, damages, or liabilities arising from your personalization choices.
Returns and Replacements
We will replace items at no charge for any defects or errors on our part if requested within 30 days of delivery. We do not accept returns or exchanges due to customer error (e.g., incorrect sizes, designs, colors), customer dissatisfaction with materials, or delays outside our control (including natural disasters, customs issues, or carrier delays). All replacement requests must include evidence as outlined in our Return Policy.
Common issues such as wrong item shipped, broken print area, incorrect sizing, or damaged items are generally replaced if evidence is provided within the 30-day window. Solutions may vary on a case-by-case basis, and the examples provided do not guarantee replacement in every situation. Any sizing discrepancies must exceed 2 inches (longer, shorter, wider, or smaller) than the announced size to qualify for replacement.
Returns for Personalized Products
Personalized products cannot be returned or exchanged unless the item is defective or an error occurred on our part. This includes any products customized with names, text, images, designs, or other personalization choices made by the customer. You are responsible for ensuring all personalization details are accurate before completing your order.
Cancellations
Orders may be cancelled within 3 hours of submission. Cancellations are not guaranteed after this window.
Shipping
Made-to-Order Items
All products on Quackatoa.store are made-to-order. Production and delivery times are estimates and may vary due to order volume, holidays, or circumstances outside Quackatoa’s control.
Shipping Costs and Duties
Shipping fees are calculated based on your selected products and delivery destination. International customers are responsible for any customs duties, taxes, or import fees applicable in their country.
Delivery and Carrier Limitations
Quackatoa partners with carriers to deliver products but is not responsible for lost, delayed, or damaged shipments once packages leave our fulfillment centers.
Address and Order Changes
Orders can only be canceled or modified within 3 hours of placement. After this window, production begins, and changes cannot be guaranteed. Customers are responsible for providing accurate shipping information.
Tracking
Customers will receive tracking information when the order ships. Tracking updates may take several business days to reflect shipment status.
Force Majeure
Quackatoa shall not be liable for any delay or failure to perform its obligations under these Terms due to circumstances beyond our reasonable control, including, but not limited to, acts of God, natural disasters, government actions, strikes, pandemics, or shipping delays.
Refunds and Returns
Personalized or made-to-order items cannot be returned for dissatisfaction or customer errors, including incorrect sizes, designs, colors, or other personalization choices. You are responsible for ensuring all personalization details are accurate before completing your order.
We will replace items at no charge for defects or errors on our part if requested within 30 days of delivery. All replacement requests must include evidence as outlined in our Return Policy. Common issues such as wrong item shipped, broken print area, incorrect sizing, or damaged items are generally replaced if evidence is provided within the 30-day window. Solutions may vary on a case-by-case basis. Any sizing discrepancies must exceed 2 inches (longer, shorter, wider, or smaller) than the announced size to qualify for replacement.
Refunds for defective or damaged items are typically issued as store credit, which does not expire. Refunds to the original payment method are rare and may include processing fees.
Sale Items
All sales of reduced price merchandise are final.
Fraud
Quackatoa takes fraud prevention very seriously. We reserve the right to flag any order for fraud prevention purposes, which may delay processing. Customers are encouraged to provide accurate contact and billing information. Orders submitted with varying information, unsupported credit cards, or international payment methods may require verification before processing. First-time orders or orders with above-average purchase amounts may only be authorized to ship to the billing address provided. Flagged orders may be held until proper verification or explanation is received.
Accuracy of Billing and Account Information
We may refuse any order or limit quantities per person, household, or order at our discretion. These limits may apply to the same customer account, credit card, billing/shipping address, or orders that appear to be placed by dealers, resellers, or distributors. If we change or cancel an order, we may attempt to notify you using the contact information provided at the time of order.
You are responsible for providing current, complete, and accurate purchase and account information, including email addresses and credit card numbers and expiration dates, and for updating this information promptly as needed.
For more details, please review our Return Policy.
Your Account
Account holders must provide accurate information in good faith and keep it updated if it changes. To create an account, you must be at least 13 years old. You are responsible for all activity that occurs under your account, including any actions taken while signed in. If you believe your account has been compromised, contact us immediately.
Optional Tools
We may provide access to third-party tools, which we do not monitor, control, or endorse. These tools are provided “as is” and “as available,” without warranties, representations, or conditions of any kind. Your use of any third-party tools is entirely at your own risk, and you should review and accept the terms provided by the relevant third-party provider(s). Any future tools or features offered through the site will also be subject to these Terms of Service.
Copyright and DMCA Policy
Quackatoa respects intellectual property rights and expects users to do the same. We may use original or transformative works, including material used under fair use, parody, satire, or social commentary.
If you believe content on our Site infringes your copyright or other intellectual property rights, contact our DMCA agent via the contact form here. Upon receiving a proper notice, we may remove or disable access to the allegedly infringing content in accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws.
You acknowledge and agree that Quackatoa may remove content in response to copyright claims without liability.
Third-Party Links
Certain content, products, and services available through our Service may include materials from third-parties. Third-party links may direct you to websites not affiliated with Quackatoa.
We do not warrant, endorse, or take responsibility for any third-party materials, websites, products, or services. We are not liable for any harm, damages, or losses related to the purchase or use of third-party goods, services, content, or transactions.
You should carefully review the policies and practices of any third-party before engaging with them. Complaints, claims, or questions regarding third-party products or services should be directed to the third-party.
User Submissions
All comments, feedback, suggestions, ideas, and other submissions (“Comments”) that you submit to Quackatoa via this Site or Service become the sole property of Quackatoa. By submitting Comments, you assign to Quackatoa all worldwide rights, including copyrights and other intellectual property rights, in those Comments. Quackatoa may use your Comments for any purpose, including commercial use, without obligation to maintain confidentiality, pay compensation, or respond.
We may monitor, edit, or remove Comments at our discretion, especially if we determine they are unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable, or if they violate any party’s intellectual property rights or these Terms.
By submitting Comments, you represent and warrant that they do not violate any third-party rights, including copyright, trademark, privacy, or other personal or proprietary rights. You also agree that Comments do not contain libelous, unlawful, abusive, obscene, or spam content, or any computer viruses or other harmful code. You may not use a false email address, impersonate others, or mislead us or third parties regarding the origin of any Comments. You are solely responsible for the accuracy and content of your Comments. Quackatoa assumes no liability for Comments submitted by you or any third party.
Communications
We may send you emails or other communications regarding changes to our Services, new products, promotions, or other updates. By using our site or providing your contact information, you consent to receive these communications. Please refer to our Privacy Policy for details on how we handle your information and manage communications preferences.
Electronic Communications Consent
By providing your contact information or using our Services, you consent to receive communications via email, SMS, push notifications, or other electronic methods. You may opt out of marketing communications at any time by following the unsubscribe instructions provided in our messages.
Personal Information
Your submission of personal information through the store is governed by our our Privacy Policy.
Prohibited Uses
You may not use the Site or its content for illegal, harmful, misleading, or abusive purposes. This includes, but is not limited to: violating laws or regulations, infringing intellectual property rights, harassing or discriminating against others, submitting false or misleading information, uploading malware or harmful code, interfering with security features, or collecting personal information without consent. We may also restrict or prohibit any use that is obscene, immoral, or otherwise objectionable. Violation of these rules may result in suspension or termination of your access to the Site or Services.
Account Deletion
Accounts can be permanently deleted by contacting us. We may suspend or terminate accounts at our discretion. You may not bring a claim against us for suspending or terminating another person’s account, and you are responsible for any damages, including attorney fees and costs, if you attempt to do so.
These terms remain in effect even if your account is deleted.
Disclaimer of Warranties; Limitation of Liability
The Service is provided “as is” and “as available.” We do not guarantee uninterrupted, timely, secure, or error-free use. You assume all risks associated with your use of the Service and any products obtained through the Service.
We disclaim all warranties, express or implied, including but not limited to merchantability, fitness for a particular purpose, durability, title, and non-infringement. We do not guarantee the accuracy, reliability, or results obtained from use of the Service. We may remove or suspend the Service at any time, without notice.
To the fullest extent permitted by law, Quackatoa and its directors, officers, employees, affiliates, agents, contractors, suppliers, service providers, and licensors are not liable for any direct, indirect, incidental, special, punitive, or consequential damages, including lost profits, lost revenue, lost savings, loss of data, or replacement costs, whether based in contract, tort, strict liability, or otherwise, arising from your use of the Service or any products obtained through it. In jurisdictions that do not allow limitations on certain damages, liability is limited to the maximum extent permitted by law.
Liability & Indemnification
The Service and all products, content, and tools provided by Quackatoa are offered “as is” and “as available,” without warranties of any kind, express or implied, including but not limited to merchantability, fitness for a particular purpose, or non-infringement. Quackatoa, its affiliates, officers, directors, employees, and representatives are not liable for any direct, indirect, incidental, consequential, or punitive damages arising from your use of the Service or products, including errors or omissions in content, even if advised of the possibility of such damages.
You agree to indemnify, defend, and hold harmless Quackatoa, its affiliates, officers, directors, employees, and representatives from any claims, demands, or damages (including reasonable attorneys’ fees) arising from your breach of these Terms, violation of applicable law, or infringement of any third-party rights.
Severability
If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision will be enforced to the fullest extent permitted by law and the remainder of the Terms will remain in full effect. The unenforceable portion will be treated as severed from these Terms without affecting the validity or enforceability of the remaining provisions.
Termination
These Terms remain effective until terminated by you or us. You may terminate at any time by notifying us or by ceasing to use the Services. We may terminate your access at our discretion for violations or suspected violations of these Terms. Obligations and liabilities incurred prior to termination survive, and you remain responsible for all amounts due up to the date of termination. We may also deny access to all or part of the Services after termination.
Entire Agreement
These Terms, together with any policies posted on the Site, constitute the entire agreement between you and Quackatoa, superseding all prior agreements, communications, or proposals, including prior versions of these Terms. Our failure to enforce any right or provision does not waive that right. Any ambiguities in interpreting these Terms will not be construed against the drafting party.
Governing Law
These Terms and any separate agreements are governed by and construed in accordance with the laws of the State of North Carolina, United States.
Dispute Resolution
Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Service shall first be attempted to be resolved through informal negotiation. If unresolved, you and Quackatoa agree to submit to binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in a court of competent jurisdiction. You agree to waive any right to participate in a class action or representative action.
Changes to Terms of Service
We may update these Terms at any time. Continued use after updates constitutes acceptance. Users are responsible for checking for changes.
Site Use and Protection Details
Electronic Agreements
By using this Site or submitting orders, you consent to enter into contracts electronically, and agree that electronic records and signatures have the same legal effect as handwritten signatures.
Class Action Waiver
You agree that any arbitration or dispute resolution will be conducted solely on an individual basis. You waive any right to participate in class actions, representative actions, or private attorney general actions.
Third-Party Tools and Content Disclaimer
Quackatoa is not responsible for any errors, damages, or risks arising from the use of third-party tools, services, or content integrated with or accessed through the Site. Any reliance on such tools or content is at your own risk.
Retention of Rights
Except as expressly stated, no license or right is granted to you under any intellectual property owned or licensed by Quackatoa. You may not use the Site or its content for any purpose other than personal, non-commercial use without express written permission.
Jurisdiction for Minor Claims
For disputes not subject to arbitration, you agree that any legal action shall be brought exclusively in the courts of the State of North Carolina, United States.
Digital Products (if applicable)
All digital goods, downloads, or files purchased from the Site are non-refundable unless defective or otherwise stated. You are responsible for ensuring compatibility and correctness before completing a purchase.
Contact Information
Use the form below if you have questions about the Terms of Service or if you use accessibility tools and have questions or concerns:
