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To view our email policy & disclaimer please click here
Whispering Smith ltd WEBSITE TERMS AND CONDITIONS AND PRIVACY POLICY
1 General
This website is operated by Whispering Smith Ltd ("we/us/our"). This page tells you the terms and conditions of use of this website by you and on which we supply any goods listed on our website to you and our privacy policy. You should understand that by accessing and using this website or ordering any of our goods, you agree to be bound by these terms and conditions. You should read through these terms and conditions and privacy policy carefully before using this website or ordering goods and print a copy for future reference.
2 Access and use
2.1 Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice. We will not be liable if for any reason our site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
2.2 Whispering Smith ltd grants you a limited licence to access and make personal use of this website, but not to download or modify it, or any portion of it, except with our express written consent.
2.3 You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.
2.4 You are responsible for all activities which occur under your customer ID and password, save where such activities occur as a result of our negligence.
2.5 Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
2.6 Certain links on this site lead to web sites which are not under our control. We do not accept any responsibility for any material on any web site which is not under our control. We will use our reasonable endeavours to maintain a continuous internet presence for you, but we cannot guarantee continuous, uninterrupted use.
3 Intellectual property
3.1 All intellectual property rights (including without limitation trade marks and copyright) in the design, content and arrangement of this site, its text and graphics, all software compilations or underlying source code, and all other material on this site are reserved to us, our group companies or our content and/or technology providers. Whispering Smith ltd and all other names, images, pictures, logos and icons identifying us or our services are trade marks or trade names of Whispering Smith ltd. Other product and business names mentioned on this site are the property of their respective owners.
3.2 The material and content contained within this website is made available for your non-commercial, personal use only and that you must not download such material and content other than strictly for the purpose of using this website. Any other use of the material and content of this website is strictly prohibited.
4 The contract between us
4.1 The goods displayed on this website and information about the goods and the price are an invitation to place an order only and not an offer to buy.
4.2 An order is placed when you click the "Complete Order" button on our order form and the placing of such order will constitute an offer by you to purchase the goods subject to these terms and conditions. You should review the order and correct any incorrect details before pressing the "Complete Order" button.
4.3 When you place an order with us we will treat it as an offer to purchase goods from us. After placing an order for goods, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted.
4.4 All orders are subject to acceptance by us. We must receive payment of the whole of the price for the goods that you order before your order can be accepted. The contract between us will only be formed when the goods are dispatched to you.
4.5 Acceptance of your order is subject to the availability of the goods in question. If we do not have your goods in stock, we will send you an email to advise you of our best estimate of availability at the time you place your order. This is an estimate only and may be subject to change at any time without notice.
5 Price and payment
5.1 The prices payable for goods that you order are as set out in our website at the time when you place your order. All prices are in £s sterling and include VAT and delivery charge.
5.2 Although we try and ensure the prices on our website are accurate, there may be times where we make an error. If we discover such an error, we will contact you by email and give you the option of reconfirming your order at the correct price or cancelling your order. If you choose to cancel the order, you will be refunded any price you have already paid.
5.3 You can pay by any major credit card or debit card. We will take payment from your card at the time we receive your order. When you enter your credit card details, you agree for the invoice sum to be debited from your card.
6 Cancellations, exchanges and returns
6.1 You may cancel your contract with us for the goods you order at any time within 7 working days from the date you receive the ordered goods for a full refund. If you have received the goods before you cancel your contract then you must send the goods back to us.
6.2 To cancel your contract you must notify us in writing by sending an email to returns@Whispering Smith ltd.
6.3 If for any reason you are not satisfied with the goods you have ordered, you may return it to us within 7 days for a refund or exchange for a different item, size or colour as required.
6.4 You must return the goods to our contact address at your own cost and risk and in the same condition in which you received them.
6.5 Once you have notified us that you are cancelling your contract or returning goods for refund, we will issue a full refund as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are received by us in the condition they were in when delivered to you.
6.6 Your statutory rights are not affected by this policy.
7 Delivery of goods to you
7.1 We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order. We are only able to deliver to addresses in mainland UK. Delivery will be by a currier of our choice.
7.2 Delivery will be made as soon as possible after your order is accepted and in any event within 28 days of your order. Delivery timescales are estimates only and we will not be liable to you for any delay in you receiving your goods.
7.3 You will become the owner of the goods you have ordered and the risk in the goods will pass to you, when the goods are delivered to you or when we first attempt to deliver goods to you and we will not be liable for their loss or destruction.
7.4 We reserve the right to deliver the goods in instalments and in such event each instalment shall be treated as a separate contract and delivery of further instalments may be withheld until the goods comprised in earlier instalments have been paid for in full.
8 Descriptions
8.1 We are careful to ensure that descriptions and photographs represent correctly the products available. As it is our policy to continually improve products, methods and materials, we reserve the right to change specifications from time to time. We will not make any significant variations without your agreement. Please note that colours may be affected by technology used to access it and so some variation in colours may occur.
8.2 Basic washing instructions are provided online on the main product description page, and will state whether an item is machine washable, dry clean only or hand wash only. These instructions are a guideline only and you should always refer to the specific care labels inside the goods, which detail the washing instructions for that individual item.
9 Liability
9.1 Nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence or any other liability that may not be excluded or limited under applicable law.
9.2 We warrant to you that any goods purchased from us through our website will be of satisfactory quality, will match their description in all material respects and will be reasonably fit for the purpose for which they are commonly supplied.
9.3 If the goods supplied are faulty or defective, other than as a result of your negligence, fair wear and tear, accident, misuse or wilful damage, you must notify us by email at care@Whispering Smith ltd Whispering Smith ltd of the problem and return the goods to us at our contact address and if the goods are found to be faulty or defective, other than for the above reasons, we will, at your option:
(a) replace or repair any goods that are damaged or defective; or
(b) refund to you the amount paid by you for the goods in question including the cost incurred by you in returning the item to us.
9.4 Save as precluded by law, we will not be liable to you for any:
(a) consequential loss, special or indirect loss or damage; and/ or
(b) loss of business use, profit, anticipated profit, contracts, revenues, goodwill, productivity or any anticipated savings;
suffered or incurred by you arising out of or in connection with these terms and conditions howsoever arising.
9.5 In any event, subject to 9.1 above, our total aggregate liability (in contract, tort or otherwise) arising out of the supply of goods shall not exceed the amount paid or payable by you for the relevant goods.
9.6 We are providing this web site and its contents on an "as is" basis. Other than as expressly provided in these terms and conditions, all warranties, conditions or other terms implied by statute or common law with respect to this web site or the information, content, materials or products included in this site, are excluded to the fullest extent permitted by law. In addition we do not represent or warrant that the information accessible via this web site is accurate, complete or current. Price and availability information is subject to change without notice.
10 Notices
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing by email to care@Whispering Smith ltd or sent to our contact address and all notices from us to you will be displayed on our website from to time.
11 Events beyond our control
We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
12 Invalidity
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
13 Privacy
You acknowledge and agree to be bound by the terms of our privacy policy set out below.
14 SEVERABILITY
If any provision of these terms and conditions is found by any competent authority or a court of law to be invalid or unenforceable for any reason, the remainder of these terms and conditions shall continue in full force and effect.
15 Third party rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
16 Governing law
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
17 Entire agreement
These terms and conditions, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
PRIVACY POLICY
We take the privacy of our website users very seriously. We ask that you read this Privacy Policy carefully as it contains important information about how we will use your personal data.
For the purposes of the Data Protection Act 1998, Whispering Smith ltd ('we' or 'us') is the 'data controller' (i.e. the company who is responsible for, and controls the processing of, your personal data).
The purpose of this statement is to set out how we use personal information that we collect about you. By either registering to use the services we provide or by using the website you agree to this use.
Personal data we may collect about you
We will obtain personal data about you (such as your name, address, email address, telephone number and credit/ debit card details whenever you complete an order online to purchase goods [, when you register with our service, send us feedback, use this website].
For example, we will obtain your personal data when you (specify, e.g. register to use this website, send us feedback, contact us for any reason, sign up to a service, enter a competition, purchase goods).
We may monitor your usage of this website. This may include monitoring how many times you visit, which pages you go to, traffic data, location data and the originating domain name of a user's internet service provider. This information helps us to build a profile of our users. Some of this data will be aggregated or statistical, which means that we will not be able to identify you individually. Please see further the section on 'Use of cookies' below.
How we may use your personal data
We will use your personal data for [the purposes described in the data protection notice that was given to you at the time your data were obtained]. These purposes include:
(a) to help us identify you and any accounts you hold with us;
(b) administration;
(c) statistical analysis;
(d) customer profiling and analysing your purchasing preferences;
(e) marketing--see 'Marketing and opting out' below;
(f) fraud prevention and detection;
(g) billing and order fulfilment;
(h) customising this website and its content to your particular preferences;
(i) to notify you any changes to this website or our services which may affect you;
(j) security vetting; and
(k) improving our services.
Marketing and opting out
By registering on this website and providing us with your personal details e.g. name, email address, telephone number, you agree that we may contact you by email about products, services, promotions, special offers which may be of interest to you, unless you have told us not to do so.
If you prefer not to receive any further marketing communications from us, you can opt out at any time. If you wish to exercise this right you should email us at care@Whispering Smith ltd with the word “unsubscribe” or by writing to us at our contact address below with your email address, customer number or name and address details.
Disclosure of your personal data
(l) We will not disclose your personnel details to any third party companies.
Keeping your data secure
We will use technical and organisational measures to safeguard your personal data, for example:
(a) access to your account is controlled by password and username which are unique to you;
(b) we store your personal data on secure servers; and
(c) payment details are encrypted using SSL technology.
Whilst we will use all reasonable efforts to safeguard your personal data, you acknowledge that the use of the internet is not entirely secure and for this reason we cannot guarantee the security or integrity of any personal data which are transferred from you or to you via the internet.
Monitoring
We may monitor and record communications with you (such as telephone conversations and emails) for the purpose of quality assurance, training, fraud prevention and compliance.
Use of cookies
When you use this website, we may collect information about your computer, such as your IP address and/or browser, which we will use for administration purposes and statistical analysis. This information will not usually identify you personally.
We may also obtain information about your online movements and use of the internet. We do this by placing a 'cookie', which is a small file, on your computer's hard disk. Cookies do not collect any confidential information, e.g. home address, telephone number or credit/ debit card details. Cookies are used for several reasons:
(d) to recognise you whenever you visit this website;
(e) to speed up access to this website (so you do not have to log on each time);
(f) to store your personal preferences;
(g) to build a profile about you; and
(h) to better target our marketing and advertising campaigns.
The vast majority of web browsers automatically accept cookies. However, you can change your browser settings so that cookies are not accepted. If you do this, you may lose some of the functionality of this website, for example your existing account will not be accessible. For further information about cookies and how to disable them please go to: www.aboutcookies.org.
Your rights
You have the right, subject to the payment of a small fee (currently £10) to make a request in writing to access to personal data which we may process about you. You have the right to require us to correct any inaccuracies in your data free of charge.
We may change this privacy policy from time to time. You should check this policy occasionally to ensure you are aware of the most recent version which will apply each time you access this website.
To view our email policy & disclaimer please click here
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