TERMS AND CONDITIONS
1 INFORMATION ABOUT US
1.1 www.whispersdressagency.co.uk is a site operated from our office at Chapel Cottage, 1, Slingsby Grove, York, North Yorkshire. YO24 1LS
2 HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
2.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. This does not mean that your order has been accepted. Your order only constitutes an offer to us to buy a Item. All orders are subject to acceptance by us and subject to availability, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Item has been dispatched (the Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
2.2 The Contract will relate only to those Items whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Items which may have been part of your order until the dispatch of such Items has been confirmed in a separate Dispatch Confirmation.
3.1 We will try and fulfil your order by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified within a reasonable time of the date of the Dispatch Confirmation. Delivery dates are not guaranteed and time of delivery is not of the essence.
3.2 The Items will be at your risk from the time of delivery. Ownership of the Items will only pass to you when we receive full payment of all sums due in respect of the Items, including delivery charges.
4 PRICE AND PAYMENT
4.1 The price of any Items will be as quoted on our site from time to time, except in cases of obvious error.
4.2 Unless otherwise stated, these prices exclude delivery costs, which will be added to the total amount due. The prices include VAT at the current UK rate of 20% and all sales taxes.
4.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
4.4 Our site contains a large number of Items and it is always possible that, despite our best efforts, some of the Items listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Item's correct price is less than our stated price, we will charge the lower amount when dispatching the Item to you. If a Item's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Item, or reject your order and notify you of such rejection.
4.5 We are under no obligation to provide the Item to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
4.6 Payment for all Items must be by credit, debit card or paypal. We accept payment with Visa/MasterCard/American Express. The credit/debit card being used must be yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment, we will not be liable for any delay or non-delivery of your order. In the event that your card authorisation and validation is declined, we reserve the right to cancel your order. By submitting an order to us through our website you represent and warrant the payment details provided on your order are valid and correct and when your order is accepted and processed by us, payment will be made in full and you hereby give your authorisation for us to carry out such other checks as we may deem appropriate.
5 THE CONSUMER CONTRACTS REGULATIONS 2013 COOLING OFF PERIOD
5.1 Under the terms of The Consumer Contracts Regulations 2013, you may cancel a Contract at any time within fourteen working days, beginning on the day after you received the Items. In this case, you will receive a full refund of the price paid for the Items minus the postage and packing costs.
5.2 To cancel a Contract, you must inform us in writing. You must also return the Item(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You must not remove any of the security or other tags from the Item. You have a legal obligation to take reasonable care of the Items while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
5.3 This provision does not affect your Statutory Rights.
6 RETURNS AND REFUNDS
Your Statutory Rights are not affected by this clause.
14 Day Return Policy
6.1 We also offer a refund on most purchases if returned in the condition in which they were sold within 14 days beginning on the day after you received the Item. The refund is only offered if the Items are not used and returned to us in their original condition as described in Clause 6.2.
6.2 Once you decide to return the goods for whatever reason you must not use them and must handle all Items with extreme care while they remain in your possession. The goods must be returned to us intact, undamaged, with their original packaging and as soon as reasonably possible. You must not remove any of the security or other tags from the Item. When trying on items of clothing, please ensure you handle product with care, do not use unnecessary force and that you are not wearing perfume / aftershave or a deodorant which may leave a scent or marks on the item. We will be unable to accept the return of any item where there is evidence that these instructions have not been followed.
6.3 For hygiene reasons we do not offer refunds on underwear, earrings and swimwear. Items exempt from being returned are Gift Cards and Personal Care Items.
Unsatisfactory Or Incorrect Goods
6.4 If the item you received is unsatisfactory or if you have received an incorrect item to that which you ordered, please contact email@example.com quoting your order reference number, your name and address, contact phone and details of the product as well as the reason for return, and whether you require a refund or a replacement (if available). We will then advise on how to proceed with the return. Once we have received the item, we will inspect the item and issue you a refund or a replacement (as requested) if appropriate, subject to our confirmation.
6.5 In order to process your return quickly and efficiently you must contact us as soon as possible and after hearing back from us, returns should be sent to the address below:
6.6 Please Note: The item is your responsibility until it reaches us. For your own protection, we recommend that you send the parcel using a delivery service that insures you for the value of the goods. We recommend that you use Recorded Delivery or if that is not available in your territory, use an insured carrier service. The cost of returning the item to us is your responsibility unless agreed otherwise.
6.7 When you return an Item to us for a refund: (a) because you have cancelled the Contract between us within the fourteen-day cooling-off period, we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Item in full (excluding the cost of sending the item to you). However, you will be responsible for the cost of returning the item to us. (b) for any other reason, including unsatisfactory* Items, we will examine the returned Item and will notify you of your refund via e-mail within a reasonable period of time. If the refund is confirmed by us, we will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the unsatisfactory* Item. Items returned by you because they are deemed unsatisfactory* and confirmed by us will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us. In all other situations, you will be responsible for the cost of the delivery charges and the cost of returning the item to us. (c) We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
*Most of our items are preloved unless otherwise stated in the description. They are carefully inspected for any flaws however you can't expect their appearance and finish to be as perfect as that of new items.
6.8 All refunds and exchanges are subject to the above procedure and are at our discretion.
7 OUR LIABILITY
7.1 We warrant to you that any Item purchased from us through our site is of satisfactory quality and reasonably fit for the purposes for which products of the kind are commonly supplied.
7.2 Every care has been taken in the preparation of the content of this site to ensure the items and terms are described as accurately as possible. There may however, from time to time, be technical inaccuracies and/or typographical errors. There may be slight variations from time to time in style or colour reproduction, or in text descriptions. As the actual colours you will see will depend on your monitor, we are unable to promise or guarantee your monitor's display of any colour will actually reflect the colour of the Item delivered to you. To the extent permitted by law, we shall not be liable for any claims either direct or in terms of consequential loss relating to the accuracy of the information contained in any of the sections of this site, whether this arises from breach of duty, breach of contract, negligence or any other way.
7.3 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Item you purchased.
7.4 This does not include or limit in any way our liability: (a) For death or personal injury caused by our negligence; (b) Under section 2(3) of the Consumer Protection Act 1987; (c) For fraud or fraudulent misrepresentation; or (d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
7.5 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us.
8 WRITTEN COMMUNICATIONS
8.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
9 TRANSFER OF RIGHTS AND OBLIGATIONS
9.1 The contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
10.1 By placing an order through our site, you warrant that: (a) you are legally capable of entering into binding contracts; and (b) you are at least 18 years old.
10.2 We may provide links on our site to the websites of other persons, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller.
11 EVENTS OUTSIDE OUR CONTROL
11.1 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 any act, event, omission, non-happening, or accident outside our reasonable control, including (without limitation), industrial action, civil commotion, war, riot, terrorist act, fire, explosion, storm, flood, any natural disaster, impossibility of use of appropriate modes of transport, technological or communication problems (Force Majeure Event). 11.2 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
12.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
13.1 If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
14 ENTIRE AGREEMENT
14.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
14.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
15 OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
15.1 We have the right to revise and amend these terms and conditions from time to time and our revised terms will appear on our Site.
15.2 You will be subject to the policies and terms and conditions in force at the time that you order items from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the item, in which case we may cancel your order).
16 LAW AND JURISDICTION
Contracts for the purchase of Items through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
Website Use Policy
All material accessible on this site is protected by copyright. You may view website pages on screen and may print or download extracts of them for your own personal use. You may not make any other use of any material on the site. No part of this Website may be reproduced, transmitted to, or stored on any other website in any other form of electronic medium without our express written consent.
AVAILABILITY OF THE SITE
We will use our reasonable endeavours to provide you with a prompt and continuing service. We do not, however, warrant that the site or the service it provides will continue uninterrupted or without delay or that it will remain unchanged.
CONTENT OF THE SITE
While we will use our reasonable endeavours to ensure the information contained in the site is correct and reliable, no warranty, either express or implied, is given as to the accuracy or completeness of that information.
The site may contain hypertext links to websites owned, operated and controlled by third parties. We have no control over or proprietary interest in any of these websites and, as such, make no warranties with regard to the quality, security, accuracy or any other aspect of such sites, and exclude any and all liability arising from use of the same.
You may use this site at your own risk and it is understood you are personally responsible for your use of this site and for your communication and activity related to this Site. We make every effort to ensure this site is free from viruses or defects. However, it is your responsibility to ensure you use the right equipment to use this website and to screen out anything which may damage it.
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 Service 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.
On our website all trademarks, product names, company names and logos are the property of their respective owners. No permission is given either directly or implied, in respect of the use of any such brand names, photographs, product names or titles or copyrights which belong to us or other third parties, and such use may constitute an infringement of the owners rights.