These terms and conditions set out the terms between you, the customer, and us, the website owner. Your use of this website and any service contained within constitutes acceptance of these terms and conditions in full. You should not use this website if you do not accept with these terms and conditions in full. 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 our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. 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 our products for any illegal or unauthorised purpose nor may you, in the use of the service, 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 your services. Note that Terms and Conditions, Terms of Service, Terms, Service and any other combination of terms are interchangeable.
ONLINE STORE TERMS
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 un-encrypted and involve transmissions over various networks; and 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 service, use of the service, or access to the service or any contact on the website 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.
You, the customer, should always check that the contact information you provide is correct before creating a customer account or proceeding to the payment portal. You are responsible for maintaining your own username and password, where required to access your customer account. You should ensure that you store your username and password securely and that the details required to access your customer account are not provided to another party. As a customer you are responsible for your customer account and actions taken within it. If you are aware or suspect that your customer account username and password or other details have become known to a third party, you should inform us immediately. We use Stripe payment portal to process all card transactions. We never store any credit card details. We reserve the right to restrict or remove your access to this website where you breach these terms and conditions. Such restriction or removal will take place without recourse or explanation to you where we solely deem it appropriate or necessary.
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site 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 timelier sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
We make every effort to ensure that the pricing displayed on our website is correct. However, if an error in the pricing of a product is found we reserve the right to either cancel your order or contact you to arrange payment of any extra sum due or refund any over-payment made by you (as applicable). The processing of an order can be cancelled or corrected by us at anytime up to the shipment of that order and any related items. We reserve the right to alter any or all product pricing without notice. We will endeavour to ensure that all information posted on this site is correct and current. We reserve the right to make changes at any time and without notice. We cannot guarantee that all the information contained on the site is accurate, correct or complete. Consequently, W as in WHY cannot take responsibility for any site interruption, viruses or software failure, errors or omissions in the content, loss or damage from a third parties fraudulent intrusion on the site which has affected the information contained therein. W as in WHY also cannot take responsibility for any direct or indirect loss or damage irrespective of how it is caused. Title in any products ordered from this website does not pass on to you, the purchaser, until we have received and processed a valid payment, and that payment has been made into our own bank account and your order has been shipped.
Some, all or a portion of products or services may be available exclusively online through the website. 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 colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour 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 this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.
When you place an order you will automatically receive a confirmation email from us to confirm your order. Your order constitutes an offer made to us to purchase the goods specified in the order. Your offer is only accepted by us once we have emailed you to confirm the dispatch of your order. Product items not included within the dispatch email are not included in the order and the contract between you and us. We reserve the right to delay or refuse orders where a transaction contains incomplete details or details that cannot be verified or where fraud is suspected. If we are unable to reasonably ascertain these details or resolve these issues a full refund will be made against the card, or Paypal account used at the time of purchase. No other form of refund or credit will be offered nor will a refund be made to any third party card or account.
All orders are packed and shipped upon receipt of payment; if a payment method is declined or found to be fraudulent we are unable to ship the items. W as in WHY has a minimum order under value of £10 (not including shipping), for ecological reasons. You will be notified if your order falls into this category and you may add to your order or your order will be cancelled and refunded. We strive to make sure that the website is up to date and accurate. If we are out of stock of the product you have purchased we will e-mail to notify you of the back order and offer a refund, later delivery date or recommend an alternative product. You may be asked for additional shipment costs if you choose to receive a product as a back order. In the event that a product on our website has variations or alternative designs you may request that we send you an e-mail with relevant options for you to choose from.
When making an order, you will be added to the respective customer mailing list, based on the items you purchased, and then receive occasional email newsletters and other correspondence. However, if you wish to opt out of this list right away, please email shop@wasinWHY.com. All newsletter emails will contain an option to unsubscribe through the third party email service.
SHIPPING AND DUTY
Please refer to our shipping and duties policy here.
CANCELLATION RIGHTS, RETURNS AND REFUNDS
Under the Consumer Contracts Regulations 2014 you have a right to cancel your purchase. However, to exercise this right you must notify us in writing, (email or letter) within 14 working days from the day after you receive your goods. As stated above notification of cancellation must be in writing, a telephone call is not a valid cancellation. Please observe the following procedure for all returns to us: On the back of your delivery note or on another piece of paper, (if you no longer have your delivery note), include your order number and the reason for the return. If you are returning your product because it is defective, please state the defect or defects. Repackage the product in its original packaging, including any accessories, brochures, manuals, guarantees or warranties that came with the product. Unfortunately we will be unable to issue a refund where the product is in an incomplete state. If the original packaging surrounding the product has been damaged or destroyed we will only issue a refund if the product is being returned due to a defect. If the original packaging of a defective product has been damaged or destroyed you should ensure that the returned product is adequately packed for shipment back to us. You are responsible for paying any postage or shipping costs incurred when returning the product. In the case of an international order, local imports costs (taxes and charges) will not be refunded. We recommend that all returns be sent by registered post, so that a record of the return is available for you. We will not issue refunds for any items lost or stolen in transit to us. Where a return is lost or stolen in transit to us, you should claim compensation from the company that shipped the return. If you fail to return a product to us, we may make arrangements to have the product collected from you. The cost of this collection will be passed on to you. Unused products may be returned promptly by customers to our address listed on the invoice. Subject to the above, we will refund the purchase price of a returned product within thirty days of receiving written notification of your intention to return the product.
Where complimentary gift wrapping has been added to the order, in case of return, a £2.50 fee will be deducted from the refund total. Where complimentary shipping has been offered, in case of return, cost of shipping will be deducted from the refunded total. We also reserve the right to refuse returned dated items. In the case of diaries, once the year of the diary has started, as per UK Consumer Contracts regulation. Items purchased to feature as a prop in commercial photography or film, whether published or not, is deemed to have been purchased for commercial use as a business to business transaction and therefore does not fall under UK consumer contract regulation and as such we cannot accept a return.
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 judgement, 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.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or 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 in the Service or on any related website 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 in the service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the service or on any related website, should be taken to indicate that all information in the service or on any related website has been modified or updated.
While we strive to make the information on the website as informative and accurate as possible, we are not liable for any inaccuracies or omissions of any information on the website. Please be aware that aesthetic changes in manufacture can occur and whilst our images are taken of and represent the product as closely as possible, and the basic functionality is preserved, we are not responsible for small changes in colour and materials.
Please note that images may not always be to scale so be sure to check the product description for dimensions and other product specifications. Furthermore whilst we make every attempt to faithfully represent our products in photography, these are without liability and colours can vary slightly from computer to computer due to screen colour calibration. For further information or clarification on any of our products don’t hesitate to contact us at firstname.lastname@example.org.
We endeavour to respond to all customer complaints or queries within five working days. Please contact email@example.com.
Where you experience a fault with a product it can be returned to us subject to our returns policy above. If you have received any damaged or faulty items, or if your order is wrong or incomplete please let us know at your earliest convenience at firstname.lastname@example.org and we will rectify the situation.
In case of items received damaged, this must be reported within 24 hours of receipt. Please inspect your order before use as we cannot accept any goods damaged in transit once they have been used. Equally, where goods received are wrong and do not match what was ordered this must be reported to us on receipt of items; any product sent in error or not matching your order must be returned in unused condition if it is to be exchanged. Where goods have been sent as a gift to a third party recipient, the same above terms and conditions apply. Any orders sent as a gift to a third party where goods are received damaged or are incorrect must be reported on reception or within 24 hours of receipt.
EVENTS OUTSIDE OUR CONTROL
We shall not be liable for delay or failure to perform any obligation under these terms and conditions if the delay or failure is caused by any circumstances beyond our reasonable control, including, but not limited to, acts of god, war, civil disorder, industrial dispute, or pandemics of any kind.
LICENCE AND COPYRIGHT
This Site and all of its original content are the sole property of W as in WHY and are, as such, fully protected by the relevant international copyright and other intellectual property rights laws. As such they cannot, including images and written information, be reproduced without express permission. We grant you a licence to access the content, information and services contained within our website for personal use only. This licence allows you to download and cache (using your browser) individual pages from our website. This licence does not allow you to download and modify individual pages or substantial parts of our website nor to make our website available via an intranet, where our website or a substantial part of it is hosted locally on the intranet in question. Our website design, layout, content or text cannot be copied, edited or otherwise manipulated without our express prior written permission. Our website cannot be placed within the frame-set of another site. Third parties are not allowed to "deep link" to pages within our website, without our express prior written permission. All links (unless expressly permitted by us) should be to the main index page of our website. Furthermore, the content of such links, whether graphic or text should not be misleading, false, derogatory or in any other way offensive. The restriction on "deep linking" does not apply to affiliate partners who wish to send customers directly to a particular page or product in order to increase their affiliate sales. All content, databases, graphics, buttons, icons, logos, layouts and look & feel are our copyright, unless expressly acknowledged as otherwise. The entire content of the website is subject to copyright with all rights reserved. You may save/print a hard copy of individual pages/sections of the W as in WHY web site but you must not remove any copyright or other proprietary notices. With any copying/saving you will have been deemed to have accepted the terms and conditions herein. All property rights remain with W as in WHY. You will not reproduce any part, transmit, modify, link or use for any public or commercial purpose - the W as in WHY web site without the prior written permission of W as in WHY. The data mining, extraction or utilisation of product information from our website is not permitted without our express prior written permission. It is forbidden to modify the website software or use devices to obtain unauthorised access to the website or to gain entry to the website by another source other than that provided by W as in WHY.
For press enquiries or other queries in regards to using our material please e-mail us at email@example.com.
USER GENERATED CONTENT
Where the facility exists you may provide reviews or public feedback on the website of products purchased by you, also known as user-generated content. Where the facility exists such user-generated content can be provided in different formats and mediums; text, audio, video and still photographs. As part of providing this content to us you agree to grant us a worldwide, irrevocable, non-exclusive and royalty-free license to use, distribute, edit, translate and re purpose such content, as we require, including sub-licensing to other parties. You agree that your comments will not violate any right of any third-party, including copyright, intellectual, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful or capable of breaching the laws of any jurisdiction it which it may be displayed, 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. We reserve the right to remove any content, which breaches or risks breaching these terms and conditions. However, we shall not assume any responsibility for auditing or monitoring any user generated content. Any complaints about such content by rights holders or any user or visitor to our website should be directed to us using our contact details listed at the end of these terms and conditions.
In addition to other prohibitions as set forth in the terms of service, you are prohibited from using the site or its 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 Service 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 service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the service or any related website for violating any of the prohibited uses.
LIMITATIONS AND EXCLUSIONS OF LIABILITY
Where content and information is provided on the website without charge we exclude all liability for such content and information. All business losses (including, but not limited to) loss of profits, income, revenue, damage to goodwill, loss of other commercial contracts, other commercial opportunities are all excluded. All indirect, consequential or special losses or damage are all excluded. All other losses or damages not reasonably foreseeable at the time of the contract between you and us are also excluded. All losses relating to the loss or corruption of data, databases, systems, software or hardware are all excluded. These terms and conditions do not exclude or limit liability for death or personal injury caused by you or us. These terms and conditions do not exclude or limit liability for fraud or fraudulent misrepresentation caused by you or us. These terms and conditions do not exclude or limit liability where this conflicts with the applicable law for this jurisdiction.
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service 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 merchant-ability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall W as in WHY, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licencors 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 service or any products procured using the service, or for any other claim related in any way to your use of the service 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 service or any content (or product) posted, transmitted, or otherwise made available via the service, 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.
By use of our website, you agree to indemnify, defend and hold harmless W as in WHY and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licencors, 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.
We reserve the right to vary these terms and conditions at any time, without giving notice to you. Such varied terms and conditions shall automatically apply to the use of our website from the date of publication on our website.
We reserve the right to assign our rights and also our obligations under these terms and conditions, without giving notice to you. This right of assignment shall only apply to us and shall not apply to you in any way.
The foregoing paragraphs, sub-paragraphs and clauses of these terms and conditions shall be read and construed independently of each other. Should any part of this agreement or its paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.
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 our services, or when you cease using our site. If in our sole judgement 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 our services (or any part thereof).
Failure by us to enforce any accrued rights under these terms and conditions is not to be taken as or deemed to be a waiver of those rights by us unless we acknowledge the waiver in writing.
THIRD PARTIES INCLUDING LINKS AND TOOLS
These terms and conditions are between you and us. They do not apply to, or benefit any third party and are not reliant on any third party.
Certain content, products and services available via our service may include materials from third-parties. Third-party links on this site 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.
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 site 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 website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these terms of service.
ENTIRE TERMS & CONDITIONS
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 this site or in respect to the service constitutes the entire agreement and understanding between you and us and govern your use of the service, 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.
YOUR STATUTORY RIGHTS
Where acting as a consumer your statutory rights are unaffected.
These terms and conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.
Our contact details are as follows: W as in WHY firstname.lastname@example.org
Last updated: 28 September 2020