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TERMS AND CONDITIONS OF USE

These terms and conditions and any policies or documents to which a link is provided in them (collectively, the “Terms”) set out the basis on which you can visit and use our website (www.wilkinsonsword.com). Please read them carefully as they contain important information. If you want to ask us anything about these Terms or have any comments or complaints about our website, please email us at [email protected] or call us on +44 (0) 01273 254074 (collectively, “Customer Services”). Please note that all calls to customer services will be charged at local rates dependent on your network provider and may be recorded for training purposes.

These Terms were last revised on 9th of August 2019.

Ownership

This website is owned and operated by Wilkinson Sword Limited (“Wilkinson Sword,” “we,” or “us”) whose registered office is Sword House, Totteridge Road, High Wycombe, Buckinghamshire HP13 6DG, GB, registered number is 00029311 and VAT number is 975112910. Wilkinson Sword is a UK registered company.

Access to and Use of the Website

You are provided access to this website in accordance with these Terms. There may be legal notices on other areas of this website which relate to your use of this website, all of which will, together with these Terms govern your use of this website. If you choose to access this website from outside the United Kingdom, you are responsible for compliance with local laws if and to the extent local laws are applicable. We reserve the right at any time to:

• Modify or withdraw this website (or any part thereof) without notice to you and we shall not be liable to you for any such modification or withdrawal; and/or
• Change these Terms from time to time and your continued use of this website (or any part thereof) following such change will be deemed to be your acceptance of such change.

By placing any orders through our website, you warrant that:

• You are legally capable of entering into binding contracts;
• The personal information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and
• You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorized to use.

Description of Products and Availability

The advertising of Wilkinson Sword branded products (“product,” “products,” or “goods”) on this website is an “invitation to treat” and a contract between us and you will only be created in accordance with the terms as described in Placing an Order and Acceptance of your Order. Our website contains many products and it is always possible, despite our best efforts, that some of the products listed may be incorrectly priced. We will verify prices in any order acknowledgement email sent to you. All products are subject to availability. We will inform you as soon as reasonably possible if any products you have ordered are not available.

Placing an Order

When placing an order, you are requested to read and agree to these Terms. Any orders placed by you shall be placed in accordance with these Terms. If you are unsure about any of the content of our Terms, please contact Customer Services before you place an order.

Acceptance of your Order

When placing an order for the first time, you may be offered the option to register with us and will be required to complete certain required fields on an order form. We may provide you with and/or ask you to use identifications and passwords and other means for you to be able to access certain areas of www.wilkinsonsword.com, such as the My Account section (“Secure Access”). Where we do so, it is on the condition that you shall be responsible for ensuring that such Secure Access is kept secure and confidential at all times. You shall comply with all security directions and/or recommendations given by us and inform us immediately if you become aware of or suspect any unauthorised use of the Secure Access or if the Secure Access becomes available to an unauthorised party. Without prejudice to our other rights and remedies, we may suspend your access to www.wilkinsonsword.com without liability to you, if in our reasonable opinion, such action is necessary.

Before you submit your order, you will be given the opportunity to review your selection, check the total price of your order, and correct any input errors. After receipt of your order we will send you an order acknowledgement email detailing the product(s) you have ordered and confirming prices. If you do not receive this order acknowledgement email within 5 days of placing your order, please contact Customer Services. The order acknowledgement email is not an acceptance of your order. Acceptance of your order and formation of the contract will only take place once we have confirmed your credit or debit card authorisation for your order, and the products you have ordered have been despatched (unless we have notified you that we do not accept your order or you have cancelled it in accordance with the terms as described in Cancellations). We will send you a despatch confirmation email when the product you have ordered is despatched from our warehouse. The contract between you and us will be concluded in English. Wilkinson Sword is under no obligation to accept or fulfil an order that we believe violates the terms of any offers, or for products incorrectly priced on the website. We therefore reserve the right to cancel an order even after it has been accepted. Examples of when we may not accept your order are as follows:

  • If products are shown on www.wilkinsonsword.com but are not available or are incorrectly priced or otherwise incorrectly described;
  • If we are unable to obtain authorisation of your payment;
  • If you order multiple quantities of an individual product where such products are to be shipped to any one customer or delivery address;
  • If shipping restrictions may apply to a product;
  • If the delivery address you give is the address of an entity or individual providing freight forwarding services; or
  • If the delivery address you have provided is not a valid shipping address.

The foregoing is not exhaustive, and Wilkinson Sword reserves the right to cancel an order at any time prior to despatch.

Prices and Payment Terms

The total cost of your order will be the purchase price for the products and any additional services you order. Please note that we accept payment in the payment currency specified for the country of your selected shipping destination in our Payment section. We accept PayPal, Visa, MasterCard, American Express, Google and Apple Pay. Where we elect, or are required by applicable law, to issue or make available an invoice, we reserve the right to issue or make available electronic invoices and you agree to such form of invoicing.

We have taken every care in the preparation of the content of this website, to ensure that as far as reasonably possible, prices quoted are correct at the time of publishing and that all products have been fairly described. All prices are displayed inclusive of UK VAT but exclusive of delivery charges. For goods delivered to addresses outside of the UK any duties or tax are the responsibility of the recipient and are not included in the prices displayed on the website.

You confirm that the credit/debit card or payment method that is being used is yours and that all details you provide to us in respect thereof including, without limitation, name and address details, are complete, correct, and accurate. You further confirm that the credit/debit card is valid and the inputted payment details are correct. All credit/debit cardholders and payment account holders are subject to validation checks and authorisation by the card issuer or payment method provider. If the issuer of your card or payment method refuses to authorise payment, we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal.

We are not responsible for any charges or other amounts which may be applied by your card issuer or bank or payment method provider as a result of our processing of your credit/debit card payment or other method of payment in accordance with your order or as a result of the seller of the products being located in the United Kingdom.

If your credit/debit card or payment method is not denominated in the currency of your purchase indicated on our website, the final price may be charged in the currency of your card or account. Such final price is calculated and charged by your card issuer or bank or payment method provider and therefore we shall not be responsible for any cost, expense, charge or other liability which may be incurred or suffered by you as a result of your card issuer or payment method provider charging you in a different currency other than the currency of your purchase as displayed on www.wilkinsonsword.com.

Shipping Destinations, Costs, and Delivery Times

An estimated shipping time for your order will be available to view on the checkout page before you confirm payment. Please select your preferred shipping destination for shipping options, delivery times, shipping costs, and all other information on the checkout page before you confirm payment. Please note that any delivery times referenced are estimates and do not apply to pre-ordered and/or personalized items. Estimated delivery times are subject to the acceptance of your order and will be calculated from the date on which your order is placed, unless otherwise specified. Free delivery will be available for purchases over £15 (if the delivery address is in the UK). Currently we can only ship to UK addresses. Shipping costs to all other destinations shall be subject to applicable rates in effect at the time of checkout. If a shipping cost promotion is available, the reduced shipping cost will be displayed at checkout. We are only able to deliver to the shipping address provided on your order. Changes are not permitted once your order has been placed. Delivery of the products ordered by you will be at your risk from the time of delivery, and ownership of them will only pass to you when we receive full payment of all sums due in respect of them, including delivery charges if applicable.

Cancellations

In certain circumstances, before your order has been despatched, we may be able to cancel your order. Please contact us by telephone as soon as possible after placing your order and Customer Services will advise if cancellation is available. Under applicable distance selling legislation or under statutory consumer protection laws of your country of residence to the extent applicable, you may have a right to cancel orders for certain items purchased from www.wilkinsonsword.com within a statutory cooling-off period. For orders placed on www.wilkinsonsword.com, there is a cooling-off period of 14 days from the day after the date on which the item in question was received.

Please note that this cancellation right does not apply to certain items including (without limitation) Goods made to your specification or goods that are bespoke or personalised.

In this case, you will receive a refund of the purchase price, less delivery charges, paid for the products ordered. Please see Refunds Policy for further details.

If you wish at any time to change or cancel your order please provide us with written notice by registered post to Venture Blue (Wilkinson Sword), Unit 1 Brookside Avenue, Rustington, West Sussex BN16 3LF, GB, or by email to [email protected], in each case within the statutory cooling-off period and giving details of the items ordered, and (where appropriate) their delivery date and the date of receipt of the item(s). For customers in the EU only, you may choose, but are not obliged, to use the model cancellation link (attached link) to notify us that you wish to cancel your order.

Refund Policy

Whilst we do not offer return due to the nature of our products, if you are unhappy with your purchase we will refund the purchase price of the product(s) purchased on www.wilkinsonsword.com, less applicable delivery charges, within 30 days of receipt. We will not refund any duties or taxes that were imposed when the order was despatched to the recipient. For the avoidance of doubt, the foregoing does not apply to any purchases of product(s) made other than on www.wilkinsonsword.com.

Age Requirements

If you order a product to which a minimum age requirement applies, by ordering that product you confirm that you are of the required age. If we reasonably believe that you are not legally entitled to order a product, we reserve the right to cancel your order.

Promotions

Promotions offered on www.wilkinsonsword.com may only be applicable to website orders.

Subscriptions

Wilkinson Sword may offer its products to you on a subscription basis subject to the following terms and conditions.

If you pay for your subscription on a single payment basis in advance, we will remind you by email or by post (to the address given to us by you) when your subscription is due to expire and invite you to renew your subscription. If you notify us that you choose to renew, you agree to abide by the terms specified as part of the renewal (including the price, which may have changed since your last payment). You are under no obligation to accept such invitations to renew.

If you pay for your subscription on a quarterly rolling basis, there is no need to renew your subscription as it will automatically continue unless and until terminated in accordance with the refund and cancellation provisions detailed below. We will continue to take payment by means of your direct debit or debit/credit card (as applicable) at the agreed frequency.

You have the right to cancel your subscription without giving any reason within 14 days of the date on which you acquire (or the recipient of a gift subscription acquires) physical possession of the first order of your subscription and by clearly informing our customer services team by telephone or in writing. If you cancel by post, you must send your correspondence to Venture Blue (Wilkinson Sword), Unit 1 Brookside Avenue, Rustington West Sussex BN16 3LF, GB, or by email to [email protected]. If you cancel by telephone or email, you may use the phone number or email address for your region. You can also cancel by completing the cancellation form (add link to cancellation form) and returning it to us. You can also electronically fill in and submit the model cancellation form here. If you use this option, we will communicate to you an acknowledgment of receipt of such cancellation on a durable medium (e.g. by e-mail) without delay.

In the event of such cancellation, you do not need to send back to us any products you have already received. If you pay for your subscription on a single payment basis in advance, we shall refund all payments received from you on a pro-rated basis (less standard delivery costs and any supplementary costs for any other type of delivery) without undue delay and in any event not later than 14 days after the day on which we are informed about your decision to cancel your subscription.

Once we have accepted your subscription and payment, and other than in the circumstances specified above or as otherwise required under consumer law, your subscription cannot normally be cancelled until the end of any minimum subscription period specified in your offer.

If you have no minimum subscription period, or the minimum subscription period specified in your offer has expired or expires within one month, and you wish to cancel your subscription, then, you must provide at least one month’s notice by calling our customer service team. In that event, we shall cease sending you issues from the date that cancellation takes effect and shall refund any amounts paid in advance for those issues.

We may cancel your subscription immediately at our reasonable discretion (including in the event that we can no longer supply issues due to circumstances outside our reasonable control) or if you breach any of your obligations under these terms and conditions, including if we do not receive a payment when due from you (and including where we are unable to obtain payment authorisation from your bank or the issuer of your credit or debit card). We will make all reasonable efforts to contact you, before your subscription is cancelled.

Ownership of rights

You acknowledge and agree that copyright, trademarks, and all other intellectual property, in all content supplied as part of this website, are owned by or licensed to us. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the express written permission of Wilkinson Sword. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, display, modify, distribute, or re-post anything on this website for any purpose. All images remain the property of Wilkinson Sword. Under no circumstances can these images be used for any personal or commercial purposes.

Liability

While we will use reasonable endeavours to verify the accuracy of any information we place on this website, we make no warranties, whether express or implied in relation to its accuracy. The website is provided on an “as is” and “as available” basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the website, or any transaction that may be conducted on or through the website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade. The foregoing does not affect your statutory rights as a consumer, nor does it affect your cancellation rights (see Cancellations), and, in respect of the products, does not exclude or limit in any way our liability for breach of the statutory rights set out under applicable consumer laws relating to good title, no encumbrance and quiet possession, correspondence with description, satisfactory quality, fitness for purpose and correspondence with sample. For more information on your statutory rights, contact your local Trading Standards Office or Citizens Advice Bureau, or the equivalent in your country (if any).

SUBJECT TO THE PRECEDING PARAGRAPH, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WILKINSON SWORD DISCLAIMS AND EXCLUDES ALL OTHER TERMS, CONDITIONS AND WARRANTIES IN RELATION TO THE PRODUCTS AND SERVICES WHETHER EXPRESS OR IMPLIED BY STATUTE OR OTHERWISE OR ARISING FROM ANY PREVIOUS COURSE OF DEALING OR USAGE OR TRADE PRACTICE.

We make every effort to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that you have the right equipment required to use this website and that you screen out anything that may damage it. We will not be liable to you or any third party for any loss or damage which may arise to computer equipment as a result of using this website. We make no warranty that this website will meet your requirements or will be uninterrupted, timely, or error-free, that defects will be corrected, or that the website or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website.

To the fullest extent permissible under applicable law, we (and any other members of our group of companies) disclaim any and all warranties of any kind, whether express or implied, in relation to the products available on this website. We (and any other members of our group of companies) will not be liable in contract, tort (including, without limitation, negligence), pre-contract or other representations or otherwise out of or in connection with your use of this website for:

  • Economic losses (including, without limitation, loss of income, revenues, data, actual or anticipated profits, contracts, business, opportunity or anticipated savings)
  • Any loss or damage (whether direct or indirect) of or to business, profit, revenue, reputation, goodwill and anticipated savings; and
  • Any incidental, indirect, special, consequential or punitive loss or damage.

Nothing in these Terms shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.

Password/account security

If you choose or are provided with a password and/or account details, you must treat such information as confidential. You are responsible for any activities that occur under your account. We shall not be liable to you or any third party for any loss or damage which may arise as a result of any failure by you to keep your password or account confidential.

Links to other websites

To provide increased value to users we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability or content of such external sites or resources. The inclusion of links to third party websites does not imply any endorsement of the material on them or any association with their operators. We are not responsible or liable, directly or indirectly, for the privacy practices of such third-party websites.

Privacy

By placing an order you agree and understand that we may collect, use, store and process your personal data in accordance with our Privacy Statement. Wilkinson Sword fully respects the privacy of individuals who access and use www.wilkinsonsword.com. For details on the manner in which we use cookies, the type of information we collect, how and for what purpose, we use your information and under what circumstances we disclose information please see our Privacy Statement which is incorporated into and form part of these Terms.

Entire Agreement

These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any contract. We each acknowledge that, in agreeing to these Terms, (and the documents referred to in it), neither of us relies on any statement, representation, assurance or warranty (“Representations”) of any person (whether a party to that contract or not) other than as expressly set out in these Terms. Each of us agrees that the only rights and remedies available to us arising out of or in connection with a Representation shall be for breach of contract as provided in these Terms.

Severance

If any provision of these Terms shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

Assignment, Subcontracting, etc.

We reserve the right to transfer, assign, novate or sub-contract all or any of our rights and obligations under these Terms provided that your rights under these Terms are not affected. You may not assign, sub-contract or otherwise transfer any of your rights or obligations under these Terms without our consent in writing.

Amendment

We reserve the right to make changes to these Terms at any time. You, and any contract of sale between us, will be subject to the version of these Terms in force at the time you order the Products in question from us.

Contracts (Rights of Third Parties) Act 1999

The provisions of the Contracts (Rights of Third Parties) Act 1999 are expressly excluded from these Terms such that no third party may claim any rights under these Terms.

Written Communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using www.wilkinsonsword.com, 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 www.wilkinsonsword.com. 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. The foregoing shall not be construed as restricting, infringing upon, or otherwise affecting in any way your statutory rights.

Notices

All notices given by you to us must be sent to Venture Blue (Wilkinson Sword), Unit 1 Brookside Avenue, Rustington West Sussex BN16 3LF, GB, or by email to [email protected] or by email to [email protected] We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in “Written Communications” above. Notice will be deemed received and properly served immediately when posted on www.wilkinsonsword.com, 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.

Waiver

If we fail, at any time during the term of our contract with you, to insist upon strict performance of any of your obligations under the contract or any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled pursuant to the Terms, 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 shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with “Notices” above.

Law and jurisdiction

The terms of use of this website and any contract brought into being as a result of usage of this website are governed by and construed in accordance with the laws of England and Wales. The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to this website.

Online dispute resolution (ODR)

The European Online Dispute Resolution platform http://ec.europa.eu/consumers/odr/ provides information about alternative dispute resolution which may be of interest if there is a dispute, we cannot resolve between us. For more information please contact Customer Services.

Your personal data will be used to support your experience throughout this website, to manage access to your account, and for other purposes described in our privacy policy.

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