Terms & Conditions

Date of Last Update: 10 December 2019

PLEASE READ THESE TERMS & CONDITIONS AND THE RELATED PRIVACY AND COOKIES POLICY CAREFULLY BEFORE USING THIS WEBSITE.

General

This website, hereafter “the Website”, is operated by Whitfords. Throughout the Website, the terms “we”, “us” and “our” refer to Whitfords. Whitfords offers this Website, including all information, tools and services available from this Website to you, the user, hereinafter “you” or “your”, conditioned upon your acceptance of all terms, conditions, policies and notices stated here, as well as your acceptance of our Privacy & Cookies Policy. Please read these Terms & Conditions and our Privacy & Cookies Policy carefully before accessing or using our Website.

Whitfords does not sell products to children under the age of 16 on this Website. If you are under 16, you may use the non-transactional parts of the Website but you may not purchase products from the Website. By ordering Products you represent that you are 16 years of age or older.

We reserve the right to amend this Terms & Conditions at any time, so you should check this page regularly to take note of any changes.

Your use of this Website

Misuse of the Website is prohibited. You must not use the Website for any purpose that could damage the name of Whitfords or any goodwill attached to the same. You must not use the Website for illegal, criminal or fraudulent activity (including breaches of copyright, trademarks, patents and/or privacy) or in any manner which would cause harm or distress to any third party. Breaching this provision would constitute a criminal offence and any such breach will be reported to the relevant law enforcement authorities. Fraudulent use of credit cards will also be reported to the relevant authorities. Whitfords is not responsible for any damage caused by the misuse of this Website or from any information contained herein.

Personal Information

Your submission of personal information through the Website is governed by our Privacy Policy. View our Privacy Policy.

Our products

The products offered for sale on this Website are intended for your personal use only, and not in any connection with any trading activity you may undertake. In this respect, you should note that your order must not exceed a total of £300. Additionally, within any 30 day period you may order a maximum of four (4) products that have the same product code. If your order exceeds either of these limits Whitfords may not accept it.

The images that illustrate the products sold on the Website are for illustrative purposes only. Whitfords may not be held liable for errors or inaccuracies in photographs or graphics showing Whitfords’ products that are presented on the Website.

The packaging of the products may vary from that shown on images on our Website.

Whitfords may not be held liable if products are out of stock or unavailable.

Whitfords guarantees that all products on offer are as described on the Website and are fit for their intended purpose. Should any product fail to meet our high standards it will be replaced immediately. This does not affect your statutory rights.

Ordering

You may freely consult the various pages of the Website, with no commitment to order. If you wish to place an order, you need to choose the various products that are of interest, and confirm said interest by clicking on the “Add to Cart” button.

You may at any time:

• obtain a summary of the products you have selected or modify your order, by clicking on the button “View Bag”, which is accessible on the top right of each page;

• continue to select products; and

• complete your selection of products and order them by clicking on “Checkout”.

You then have to identify yourself and enter your billing details, delivery address and credit/debit card information in the ‘Checkout Details’ stage’ stage, before clicking ‘Place Order’. You should verify that your shipping address and your billing address are correct.

An order summary appears on screen, which summarises: the names, quantities and prices of the Products selected by you, the applicable delivery costs, the order total, payment arrangements, your details, the delivery address for the products, the billing address, contact details for our customer care services and a link to information about your consumer rights to cancel and return your order at any stage.

You must read these Terms & Conditions which can be accessed at the payment stage and at the bottom of each page, and tick the “I have read and agree to the Terms & Conditions and Privacy Policy” box before you click “Place Order”

Once you have clicked “Place Order” your order is validated and you will be bound by the order and acknowledge that the placing of the order implies an obligation from you to pay. This is subject to your consumer rights to cancel your order at any stage.

We reserve the right to refuse service to anyone for any reason at any time. In the event that we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or phone number you have provided when placing the order.

In the event that an order appears to be fraudulent, we reserve the right to verify your contact information and may ask for additional information such as, but not limited to, ID and/or passport copy.

In the unlikely event that we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods.

All communication to you from us will be addressed to your email address as supplied when you register or place an order. If you do not receive a confirmation email after registering or placing an order please contact us immediately at hello@whitfords.co.uk. We will not be responsible if you should fail to receive emails sent to the email address you provide when you register.

Payment

Payments can be made by any major credit card, Banking transactions will be carried out Square, Whitfords’ designated payment partner. Square meets Level 1 PCI Data Security Standards. Whitfords does not have any access, nor store any debit/credit card numbers. These are managed directly by Square. The online payment transaction will be encrypted to give you maximum protection while shopping with us.

In the event of payment being declined by your card issuer, Whitfords shall not be responsible for any costs or inconvenience caused by a subsequent delay in despatch.

Delivery

The products ordered on the Website shall be exclusively delivered in the United Kingdom (and excluding the Channel Islands and Isle of Man). Only orders with an invoicing and delivery address located in the United Kingdom will be processed. Orders for which a P.O box delivery address has been chosen cannot be processed.

You should normally receive goods within 3-4 working days. We make every effort to deliver goods within the estimated time, however, delays are occasionally inevitable, and we will not be liable for any loss caused to you by late delivery. If the rare circumstance arises whereby we are unable to deliver within our usual delivery time (3-4 working days), and cannot agree another time with you, you will be offered the opportunity to cancel your order and get a full refund.

Password

As part of the Services offered via this Website, you may be issued with an individual password which can be used to access certain areas of the Website and provide fast checkout. You will use the password only for such access and not for any other purpose. You must keep your password confidential at all times, and must not disclose the password or permit anyone else to use your password. Any breach of any of these terms by anyone to whom you disclose the password will be treated as if the breach had been committed by you, and will not relieve you of your obligations under these terms and conditions.

In the event of any failure or error in the operation of a password, you shall cease using the password, exit the Website immediately, and notify Whitfords of such failure or error.

Whitfords reserves the right to change your password and user name at any time in its sole discretion and you agree to notify Whitfords promptly of any changes to your registration details.

Product use

Whitfords will not be held responsible for any damages resulting from the use of any of its products. It is your sole responsibility to read all product instructions carefully before use and to use the product strictly for the purpose it was designed for.

It is foreseeable that everyone could have an adverse reaction to a skincare product at any time. It is your responsibility to patch test any product prior to use. If you have patch tested and feel that you have had a reaction to the product, please notify us in writing immediately. You must make contact with us within 48 hours and include photographs of the reaction and provide comprehensive detail.

All products are for external use only. The products must be kept out of reach of children. Avoid contact with the eyes and ears. If the product gets into the eyes, or ears rinse well with tepid water. If necessary seek medical assistance.

Returns

If for any reason you are unhappy with your purchase, you must return it to us unused, sealed and in its original, re-sealable condition within 28 days of receipt of your order and we’ll exchange it or give you a refund. All returns must be pre-approved so please contact use before sending any products. Products are returned at your own risk and you will be responsible for the item or items until they reach us. Please use a recorded delivery method. You will be responsible for the cost of returning the product/s to us.

If you’ve changed your mind, or have decided to cancel the contract you will receive a full refund of the price paid for the product/s.

However this cancellation right does not apply in the case of a contract for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery.

If an item is faulty, damaged in transport or mis-described, please contact us as soon as possible for either a full refund or a replacement.

We will examine the returned product/s and notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 14 days of the day we confirmed to you via e-mail that you were entitled to a refund for the faulty, damaged or mis-described product.

Any refund due to you will only be made to the same credit or debit card originally used (or in the form of other method of payment) by you to pay for your purchase. Any refund due will be processed no more than 14 days after we receive the product/s.

Please contact us by email before returning any goods, so we can give you a specific returns number.

Modifications to the Website, service or prices

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the service.

While trying to ensure that all prices on the Website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will try to inform you immediately and give you the option of cancelling your order, or reconfirming it at the correct price. If we are unable to contact you we will treat the order as cancelled. If the order is cancelled and you have already paid for the goods, you will receive a full refund. You will be notified of any delivery charges before you give your credit card details.

Errors, inaccuracies or omissions

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Links

We are not responsible for the content of any off-Website pages or any other Websites linked to or from the Website. We do not assume any responsibility or liability for the actions, content, products, or services of such pages and Websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-Website pages and other Websites that you visit.

Provided it is done in such a way that does not cause damage to our reputation, and is done in a fair and legal manner, you may link to our homepage. You are not permitted to create this link in a way that suggests any association or endorsement with or from us, without our consent. We reserve the right to withdraw linking permission without notice.

Copyright

All materials on the Website, including but not limited to text, graphics or code is copyrighted, and property of Whitfords. All rights are reserved. Permission is granted to electronically copy and print only those areas of the Website so required in the process of using the Website as an information and shopping resource. Copying, modifying, or distributing any part or content of the Website for any other reason, without prior written permission from Whitfords is expressly prohibited. These conditions do not affect your statutory rights.

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, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms & Conditions. 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 libellous 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.

Disclaimer of liability (relating to the use of this Website)

The information displayed on the Website, as well as the services and products are provided on an “as is” and “as available” basis, without any guarantees, conditions or warranties of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, accuracy, durability, title, and non-infringement.

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. Unless expressly stated to the contrary, Whitfords hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity. Whitfords, its owner, employees, affiliates or suppliers shall not be liable for any damages whatsoever, including but without limitation, to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, that may arise out of or related to the use, inability to use, performance or failures of the Website and any materials posted thereon.

This does not affect Whitfords’ liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

Indemnity

You agree to indemnify, defend and hold harmless Whitfords, its owner, employees, consultants, agents, suppliers and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of the Website or your breach of these Terms & Conditions, or your violation of any law or the rights of a third-party.

Termination

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 & Conditions of service are effective unless and until terminated by either you or us. You may terminate these Terms & Conditions of service at any time by notifying us that you no longer wish to use our services, or when you cease using our Website. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms & Conditions, 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).

Non-waiver

No failure to exercise and no delay on our part in exercising any of our rights, remedies, powers or privileges under these terms and conditions and no course of dealing between us shall be construed or operate as a waiver, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege on our part.

Entire agreement

These terms of use, together with our Privacy and Cookies Policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

Changes to these Terms & Conditions

We reserve the right, in our sole discretion, to change these Terms & Conditions at any time by posting the changes on the Website. Any changes are effective immediately upon posting to the Website. Your continued use of the Website constitutes your agreement to all such Terms & Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms & Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website.

Law, jurisdiction & language

This Website, any content contained herein and any contracts entered into as a result of usage of this Website are governed and construed in accordance with the laws of England and Wales. The parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.

Contact information - Questions & Complaints

If you have any questions regarding these Terms & Conditions or in the unlikely event that you have any complaints regarding our products, please contact us by email us at hello@whitfords.co.uk or write to us at Whitfords, Lytchett House, 13 Freeland Park, Wareham Road, Poole, Dorset, BH16 6FA, United Kingdom.