These terms will apply to all transactions placed online, by e-mail or telephone with Whalley Warm and Dry Limited. You should read these terms and conditions carefully before ordering products via our website or by e-mail or telephone. All contracts shall be governed by and construed in accordance with English Law and any dispute between us will be resolved exclusively in the courts of England and Wales. Nothing in these terms and conditions will be deemed to affect your statutory rights. We reserve the right to change these terms and conditions from time to time. The latest terms and conditions will be displayed on our website and we advise you to read through them each time that you use our website.
Please note that by clicking the “Confirm Order” button, you are confirming that you have read, understood and accept our Terms and Conditions of Sale or placing an order over the phone with our customer services team you are agreeing to be bound by these terms. Unfortunately, you will be unable to order products from us if you refuse to accept these terms and conditions.
The term ‘you’ refers to the user or viewer of our website.
INFORMATION ABOUT US
www.whalleyoutdoor.co.uk is a website operated by Whalley Warm & Dry Limited (“we”, “us” or “our”). We are registered in England and Wales under company number 4988190 and with our registered office at King Street, Whalley, Lancashire, BB7 9SN, United Kingdom. Our VAT number is 786315404.
If you have any questions about your order or these terms and conditions please contact us by phone on 01254 822 220, by email at firstname.lastname@example.org or by writing to us at: Customer Services, Whalley Warm and Dry, King Street, Whalley, Lancashire, BB7 9SN, United Kingdom.
USE OF OUR WEBSITE
Your use of our website is governed by our terms of website use and you should take the time to familiarise yourself with these terms.
You may choose to purchase goods from us by adding your product selection to your shopping basket.
Where items are despatched separately, then acceptance of the order in respect of each item takes place when that item is despatched, and you will be charged for each item when it is despatched.
If the issuer of your card refuses to authorise payment, we will not be liable for any delay and / or non-delivery of your order.
We will take all reasonable care, in so far as it is in our power to do so, to keep your personal details secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from our website.
If you prefer to order by telephone you can do so by calling 01254 822 220 between 10am -5pm Tue to Saturday or Sunday 1pm-5pm or email us at email@example.com
CHANGE YOUR ORDER
It may be possible to change details of your order once it has been placed, please contact us by telephone 01254 822 220 between 10am -5pm Tue to Saturday or Sunday 1pm-5pm, alternatively you can email us firstname.lastname@example.org. Please quote your order number.
If your order has already been despatched, you will be required to follow our Returns procedure in the event of any unwanted products, or return them to Whalley Warm and Dry. Please see our Returns Policy for full details.
CANCEL YOUR ORDER
In addition to our Returns policy, as a consumer you have a legal right to cancel a Contract with us under the Consumer Contracts Regulations 2013 (“CCR”) during a specific time period.
CONSUMER CONTRACTS REGULATIONS 2013
This legislation offers you the following cancellation rights when you buy online or by phone:
If you wish to return an item for exchange or you have decided not to keep it, please complete and return the Customer Returns Form and send it back to us or bring it in to us in store together with the products original packaging and labeling within 28 days. We will exchange or refund the cost of the item(s) where appropriate. All goods unless faulty, must be in a new and unused condition and they must be returned in a re-saleable condition.
If you believe an item purchased from us is faulty, please contact us as soon as possible via telephone (01254 822 220) or email email@example.com with your order number so we can discuss the matter personally.
We want you to be satisfied with the item you have purchased from us, we will provide the option of a full refund, within a reasonable time, if the item turns out to be faulty or different from those you ordered.
In some circumstances we may have to wait for third party confirmation that the goods are indeed faulty (in the event of a return of a faulty item that needs to be assessed by the manufacturer.)
You will receive an e-mail to confirm we have received your item, the email will also provide details about how we will process the refund of your postage where appropriate.
All products are returned at your own risk.Please use registered post or a guaranteed delivery service when returning an item. We recommend using a ‘Signed For’ or ‘Special Delivery’ service depending on the value of the item. Please make sure that you obtain a ‘proof of posting’ from your Post Office or dispatch agent. Please always check the courier’s terms and conditions for information on cover should an item go missing.
PRODUCT INFORMATION AND PRICES
Whilst every effort is made to ensure that all details, descriptions and prices of Products which appear on www.whalleyoutdoor.co.uk are accurate, no responsibility will be accepted for errors and omissions.
We have taken every measure to ensure the colours depicted on our website accurately reflect those of the Product, however due to technical limitationswe cannot be held responsible or liable for any differences in colour between the image and the actual Product.
Prices on our website are shown in pound sterling (£) and are inclusive of UK VAT at the current rate.
If we find an error in the price of any of the Products you have ordered, we will contact you via the account holders email address as soon as possible and ask if you would like to proceed with your order or cancel it. If we are unable to get in touch with you to confirm the order, the order will be cancelled and no payment will be taken.
We reserve the right to alter our prices and specifications without notice.
Special Offers, discounted items and Loyalty Card offers cannot be purchased in conjunction with any other offer or discount and are subject to availability and for the time specified.
Loyalty Card Special Offers are only available in store unless stated otherwise and can only be redeemed by the registered Loyalty Card member.
Any individual who is aged 18 years or over and is a resident of Great Britain is eligible to become a Loyalty Card member. To become a Loyalty Card member, please ask in store. As part of registering to become a Loyalty Card member, you will be required to inform us of your full name, your postal address and your email address.We will not divulge your personal information with any third party.
We reserve the right to withdraw any individual Loyalty Card membership at any time.
We may at our discretion decline to issue, withdraw Loyalty Cards accounts, coupons and vouchers at any time.
We may remove Loyalty Card membership at any time where a member appears to have breached the Terms or behaved in an inappropriate, misleading or abusive manner.
You can choose to stop being a Loyalty Card member at any time by contacting Whalley Warm and Dry, or by opting out of receiving marketing information from Whalley Warm & Dry.
You must notify us of any changes to your personal details. We will not be liable for any loss of vouchers or benefits as a result of your details being out of date or inaccurate.
As a Loyalty Card member you will receive a Loyalty card which is evidence of your membership of the scheme and you may be required to present this in certain circumstances.
The Loyalty card is not a cheque guarantee, credit or debit card and cannot be exchanged for any monetary value.
Your Loyalty card may only be used by you and for your benefit. You may not transfer any rights or duties of your membership.
You can use your Loyalty card at Whalley Warm and Dry stores. You cannot redeem any benefits of the scheme when purchasing products at www.whalleyoutdoor.co.uk unless stated otherwise.
Loyalty Card Special Offers are only available at Whalley Warm and Dry and cannot be used in conjunction with any other offer or discount unless stated otherwise. All Loyalty Card Special Offers and discounts are subject to availability.
All Loyalty Card Special Offers are restricted to the registered Loyalty Card member.
As a Loyalty Card member you will be notified of Special Offers and Events via email. All Special Offers and discounts are subject to any additional terms and conditions that we will notify you from time to time.
Loyalty card coupons and vouchers cannot be transferred, bought, sold or in any way traded. Only one coupon or voucher can be used at any one time, and cannot be combined with any other offer.
You can exchange Whalley Warm and Dry gift vouchers for goods in store and for goods online at whalleyoutdoor.co.uk
We do not give change or cash refunds on gift card transactions.
Gift vouchers are not transferable.
Photocopies cannot be accepted.
Gift vouchers will expire 24 months after the issue date. We will not refund any balance remaining and we will invalidate the voucher.
Gift vouchers purchased in store can be exchanged for goods online at whalleyoutdoor.co.uk, please ask for an online voucher code when purchasing the gift vouchers. It may not be possible to provide an online voucher code at a later date unless you return to the store with the gift vouchers.
When you redeem gift vouchers online, you will be required to enter the gift voucher number.
Where goods you have purchased with a gift voucher in store are subsequently exchanged for goods of a lower price or returned in store, monies owing will be refunded to a new gift voucher.
If you are using a gift voucher online and the total order value is less than the value of the gift voucher, any balance will remain on the gift voucher and may be applied to future purchases, provided that the gift voucher has not expired.
If you have to return goods you have purchased online or in store using gift voucher/s, then in most instances we will refund the credit on to your voucher. This does not affect your statutory rights.
If you place an order at whalleyoutdoor.co.uk using a gift voucher and subsequently cancel the order before delivery, monies owing will be refunded to your gift voucher. This does not affect your statutory rights.
If your gift vouchers become accidentally damaged, please contact Customer Services by telephone 01254 822 220 between 10am -5pm Tue to Saturday or Sunday 1pm-5pm, alternatively you can email us firstname.lastname@example.org
We reserve the right to refuse to accept a gift voucher which we deem to be tampered with, duplicated or which otherwise is suspected to be affected by fraud.
We reserve the right to amend the gift voucher terms and conditions from time to time, where we consider it reasonable and necessary to do so.
On entering a competition (the person, persons or organisation entering the competition) agree to be bound by these terms and conditions and Whalley Warm and Dry shall only accept submissions (defined below) on that basis.
We reserve the right to substitute an alternative prize of equal value. There is no cash alternative. Entries should only be made via the Internet.
Entries must be received by the time and day specified on the competition entry form.
No responsibility can be accepted for non-receipt of submitted entries.
Employees of Whalley Warm and Dry Ltd, their families and agents are not eligible to take part in the competition.
Responses via our website are deemed to be signed by virtue of having been submitted.
We reserve the right to terminate the competition before a judgement is made and it will endeavour to notify entrants of the termination and where possible provide an explanation of such a termination.
We reserve the right to change the submission deadline and timetable for whatever reason. We will endeavour to inform all entrants of these changes.
We shall at our sole discretion select the winner from the prize draw.
By entering this prize draw, all entrants consent to the use of their personal data by Whalley Warm and Dry Ltd for the purposes of the administration of this prize draw and informing the entrant via email about the latest special offers and events events and any other purposes to which the entrant has consented.
All entrants must be 18 or over and resident in the United Kingdom.
Information gathered in the running of competitions or promotions is not shared with any 3rd party except where the competition or promotion is run in conjunction with a 3rd party and sharing information is necessary to support the promotion.
The winners agree to take part in reasonable post event publicity and to the use of their names and photographs in such publicity.
Complaints will be dealt with fairly, confidentially and swiftly. Any complaint or compliment can be sent to email@example.com. We will acknowledge the complaint within 5 working days and provide a likely timescale for resolving the dispute. We will keep you informed of what action we are taking.
Communications pertaining to orders made on our website or over the phone will be mainly through electronic means, including email. We may contact you by e-mail or provide you with information by posting notices on our website. You agree to these electronic means of communication and 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.
Notice may be given to you at either the e-mail address or the account holder’s address. Notice will be deemed received and properly served 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail – that such e-mail was sent to the specified e-mail address of the addressee.
All written notices given by you to us must be given to Customer Services, Whalley Warm & Dry, King Street, Whalley, Lancashire, BB7 9SN or by emailing us at firstname.lastname@example.org
We will not be liable for non-performances of our obligations caused or resulting from industrial disputes or any other circumstances beyond the reasonable control of the company such as act of God, riots, civil commotion, flood, fire and legislation.
If by reason of such circumstances it shall become impossible within a reasonable time for the company to wholly or partly supply the items ordered then the customer’s liability will be limited to the value of the items already supplied together with any associated delivery charges.
All outdoor activities are potentially dangerous. Any information displayed on our website or other printed matter by Whalley Warm and Dry Limited is not regarded to be authoritative or certified as the best practice and is only considered to be useful supplementary advice to other certified codes of practice. The information provided on our website is not a substitute for personal instruction from a qualified person. Whilst we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of our website.
Through our website you are able to link to other websites which are not under the control of Whalley Warm and Dry Limited. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep our website up and running smoothly. However, Whalley Warm and Dry Limited takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
RISK, TITLE AND WARRANTY
Ownership of the products will pass to you when we have received full payment for all sums due, including delivery charges, in respect of the products. The products will be at your risk from the time of delivery.
At the time of supply, any product purchased by you will be of satisfactory quality, free from material defects and reasonably fit for all the purposes for which products of the kind are commonly supplied. However, we are not liable for, and any warranties express or implied do not apply to, any defect in the product arising from fair wear and tear, failure by you to follow specific care instructions, wilful damage, abnormal storage, accident, negligence by you or any third party or any alteration or repair made by you or a third party.
We only supply products for domestic and private use and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
Our liability for losses you suffer as a result of us breaching these terms and conditions is strictly limited to the purchase price of the goods you purchased from us. The above does not exclude 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 or for breach of the terms implied by sections 12 to 15 of the Sale of Goods Act 1979; (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.