Terms and Conditions
IMPORTANT LEGAL NOTICE
These are the legal terms and conditions under which We supply the products (“Products”) listed on our website www.whskylabel.com (“our site”) to you. Please read these terms and conditions carefully before ordering any Products from our site.
Information About Us
whskylabel.com is operated by Whsky Limited (“We”). We are a company registered in England and Wales under company number 13379830 and with our registered office The Exchange, Bristol Road, Bridgwater, England, TA6 4RR. Our UK VAT number is 404179905
- Our email address is firstname.lastname@example.org
- You can contact us by emailing us at email@example.com. If you are emailing us please include details of your order (such as your order number) to help us identify it.
- If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
- “Writing” includes emails: When we use the words “writing” or “written” in these terms, this includes emails.
- We may change the Terms at any time by posting such changes on the Site. Your continued use of the Site after notice of changes shall mean you are bound by the new terms.
Use of the Site
- The content of and copyright in the Site is owned by or licensed to us. You are permitted to view or print individual pages for your own personal use. Any other use must be with our prior written permission.
- We reserve the right to suspend, restrict or terminate your use of this Site at any time.
- Purchasing From Us
- The Site and the goods sold through it are subject to change without notice and we reserve the right to improve, alter or modify designs without prior notification. We will inform you of any changes to the advertised goods prior to despatch of such goods. If you are unhappy with these improved, altered or modified goods you may inform us within 14 days starting from the day you acquire, or a third party other than the carrier and indicated by you acquires, the goods.
- Return order carriage costs will not be refunded unless the item is faulty. Please see whskylabel.com/returns which forms an additional part of these ‘Terms and Conditions’.
- Whilst we try to display goods on our Site that are held in stock, if the ordered goods are not available, we will advise you of this as soon as reasonably possible and a full refund will be given.
- By submitting your order you are offering to buy and pay for the goods and allowing us to use your personal details for the purposes of supplying goods (including passing your details on to couriers and other subcontractors).
- We are not obliged to supply the goods to you until we have confirmed that we have accepted your order and received payment in full. Your order will be deemed to have been accepted when we dispatch to you the goods which form the subject matter of your order. We may at our total discretion reject your order.
- All drawings, specifications, sizes, photographs, descriptive matter and advertising published by us or contained on our Site are issued only for giving an approximate idea of the goods described in them and colours shown are intended as a guide only. They do not form part of the Terms.
- We make no representations or warranties of any kind whatsoever, expressed, or implied, in connection with these terms or the Website, including but not limited to warranties of satisfactory quality, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.
- We withhold the right to send a maximum of two pairs of footwear to any customer who is outside the UK purchasing from us
How the Contract is Formed Between You and Us
- Once you have placed your order, you will receive an e-mail from us acknowledging that We have received your order (but please contact us if you do not receive this e-mail). Please note this does not mean that your order has been accepted. All orders are subject to availability and acceptance by us (which We may refuse for any reason).
- Once your order is placed at this point a contract will come into existence between you and us for the Product(s) you have ordered (“the contract”).
- After you submit your order, We immediately contact your bank or card issuer for authorisation to take payment from your account. We will not process your order until payment has been received in full. If We accept your order We will confirm this to you by sending you a further e-mail confirming the Product is being processed ready for dispatch at which point the contract between us ("Contract") will be formed.
- As soon as you place your order, We start to process your order which means you will not be able to change it before delivery, but you may be able to return your Products under our Returns Policy.
- When you place your order we will assign you with an order number when we send you our Acceptance Notification. It will help us if you can tell us the relevant order number whenever you contact us about your order.
- Occasionally may make minor changes to a Product to reflect changes in relevant laws and regulatory requirements.
- Countries outside of the United Kingdom may be subject to additional duties to be paid. As the recipient, you are liable for all import duties, customs and local sales taxes levied by the country you reside in; payment of these is necessary to release your order from customs on arrival. The final value of your order does not include any additional duties required. The carrier, prior to delivery, will inform you of the additional duties.
- If you refuse to pay the duties to release your order, the order will subsequently be returned back to us and you will be refunded. A shipping & handling fee may be deducted from your refund.
- Please note that We may not necessarily keep a copy of your Contract. You should keep a copy of these terms and conditions and your order for future reference.
- The images of the Products on our site and in our other advertising materials are for illustrative purposes only. Your Products may vary slightly from those images. Although We have made every effort to display and print the colours of the Products accurately, We cannot guarantee that your computer's display of the pictures, or the pictures in our other advertising materials, accurately reflect the colours of the Products that will be delivered to you.
- Although we have made every effort to be as accurate as possible, the Product(s) sizes, colours, dimensions and measurements indicated on our website may not be precise. If you have any doubts about the colour, size or any specification of the Product(s) you wish to order, please contact us prior to placing your order on our website.
- We aim to deliver goods to you within the date specified in the Dispatch Confirmation. If we are unable to deliver the goods within 30 days of receiving your order, we will inform you, then if you wish, you may cancel the contract and we will refund any money paid by you.
- If no one is available at your address to take delivery, a note will be left informing you of how to rearrange delivery or collect the Product(s) from a local depot as per our nominated courier's procedures and instructions.
- If you do not collect the Product(s) from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract.
- Delivery of your order will be complete when We deliver the Products to the address you gave us and the Products will be your responsibility from that time.
- You will own the Products once We have received payment in full.
- Working Days excludes weekends and Bank Holidays.
- You should inspect the goods when you receive them for defects or damage. If you find a defect or damage you must tell us as soon as possible before wearing the item and refer to our ‘Returns Policy’ for instructions on how to return an item.
- What will happen if you do not give required information to us: We may need certain further information from you so that we can supply the Product(s) to you, for example (but not limited to), size, colour, style, personalised text. If so, this will have been stated in the description of the Product(s) on our website. We will contact you to ask for this further information. If you do not give us this further information within a reasonable time of us asking for it, or if you give us incomplete or incorrect further information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Product(s) late or not supplying any part of them if this is caused by you not giving us the further information, we need within a reasonable time of us asking for it.
- If you purchase products for delivery to an international destination, your order may be subject to import duties and taxes which are applied when the package reaches that destination. Please note we have no control over these charges, and we cannot predict their amount.
- You must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable or responsible if you breach any such laws.
Price and Payment
- All prices include Value Added Tax and we reserve the right to adjust the VAT element if this changes.
- All reasonable efforts have been made to ensure that the price information contained on the site is correct and up to date. However, we reserve the right to cancel an order if a price is inaccurate due to incorrect or out of date pricing.
- The price payable for the Products shall be as shown on our site in pounds
- Delivery charges which are payable in addition and are shown separately during the checkout process.
- We can change the prices on our site at any time without notice, but changes will not affect orders which We have already accepted. However, if the rate of VAT changes after the date of your order, We will adjust the rate of VAT you pay unless you have already paid for the Products in full before the change in VAT takes effect.
- We accept payment by debit card, credit card or Paypal. We accept the following cards: Visa, VISA Electron, Mastercard, Maestro, American Express
- If We accept and process your order where there is a pricing error that is obvious and unmistakable and which could reasonably have been recognised by you as a mispricing, We may end the Contract, refund to you any sums you have paid under the Contract and require the return of any Products provided to you.
Your Right To Cancel the Contract
- If you are contracting with us as a consumer online or by phone, you have the right to cancel under the Consumer Rights Directive 2011/83 ("CRD") and Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 ("CCR"). You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
- To end the contract with us, please let us know by emailing us at firstname.lastname@example.org. Please provide your name, home address, order number and your contact telephone number.
- To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
- Please see our Returns Policy or more information about returns and refunds.
- We will refund you the price you paid for the Product(s), by the method you used for payment. However, we may make deductions from the price, as described in our refunds policy
- You do not have a right to change your mind in respect of:
- any Product(s) which have been tailored specifically to your requirements, for example (but not limited to) bespoke order;
- any Product(s) which have been used or worn;
- any Product(s) sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
- As an alternative to using your rights under clause 8.1, you may wish to return an item using our free UK returns service. For further information on returns please see our Returns Policy
- If you are a consumer, We are under a legal duty to supply Products that are in conformity with the Contract. Nothing in these terms and conditions will affect your legal rights in relation to Products that are faulty or defective.
- If you consider that any Product We have supplied is faulty or mis-described, please notify us using the contact details set out in clause 8.1.You must return such Products to us in accordance with our reasonable instructions and the Returns Policy and if the Products are faulty or mis-described We will refund the price of the Products and the cost of delivery to you.
Our Rights To Cancel the Contract
We may end the Contract at any time by writing to you if:
- you do not make any payment to us when it is due;
- you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products; or
- you do not, within a reasonable time, allow us to deliver the Products to you.
- You must compensate us if you break the contract: If we end the contract in the situations set out in clause 8.1 we will refund any money you have paid in advance for Product(s) we have not provided but we may deduct or charge reasonable compensation for the net costs we will incur or will have incurred as a result of your breaking the contract.
- We are responsible to you for foreseeable loss and damage caused by us: If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking the contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so: This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Product(s) including the right to receive Product(s) which are: (a) as described and match information we provided to you and any sample or model seen or examined by you (b) of satisfactory quality (c) fit for any particular purpose made known to us (d) supplied with reasonable skill and care; and for defective Product(s) under the Consumer Protection Act 1987
- We are not liable for business losses: We only supply the Product(s) for domestic and private use. If you use the Product(s) for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Events Outside Our Control
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control means any act, event, omission or accident beyond our reasonable control.
- If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract, We will contact you as soon as reasonably possible to notify you and our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, We will arrange a new delivery date with you after the Event Outside Our Control is over.
- You may cancel a Contract affected by an Event Outside Our Control if there is a risk of substantial delay. To cancel a Contract under this clause 14 please contact us using the details set out in clause 8.
Intellectual Property Rights
- All materials, including images, illustrations, designs, site layout, photographs, written and other text or script that are part of this site together with all software compilations, underlying source code and software in the site are protected by copyright / trademark, design right and/or other worldwide intellectual property rights and are owned or controlled by or licensed to Whsky Limited. Any use of this website or its contents, including copying or storing it, in part or in whole, other than for your own lawful, personal, non-commercial use is prohibited without the prior permission of Whsky Limited. You may not reproduce, publish, transmit, publicly perform, distribute, display, modify, adapt, bundle, alter, create derivative works of the site, sell or participate in any sale of or exploit in any way, any of the contents, the site, or any related software in whole or in part without our express prior written permission.
- We comply with all of the applicable data protection laws in the UK.
Other Important Terms
- Any personal details you provide to us are kept and processed in accordance with our Privacy Statement.
- This Site may contain links to other web sites not under our control. We accept no responsibility or liability for the content or availability of those sites.
- We advise you to print a copy of these Terms and retain them for your information in the future.
- If any section of the Terms are held by a Court or other competent authority to be unenforceable then that section shall be considered deleted and not apply but the rest of the Terms will.
- This agreement between us is personal to us and no other person who is not party to these Terms shall be entitled to enforce any term of this Agreement under the Contracts (Rights of Third Parties) Act 1999 (or any analogous laws).
- The Terms are the entire terms and conditions between us in relation to your use of this Site and any purchase made over the Site and no other terms, conditions or representations made by us and any of our employees or agents (unless made fraudulently) shall apply.
- The Terms shall be governed by English law and the courts of England and Wales shall have non-exclusive jurisdiction over any dispute. All dealings, correspondence and contact between us shall be made or conducted in the English language.
- We will not be liable for any direct or indirect losses related to computer viruses, system failure or malfunction which may occur in connection with your use of the Website, including during hyperlink to or from third party websites.