Terms and Conditions
Whispers in Time
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Your access to and use of the service is conditional on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
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By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service. You are encouraged to familiarise yourself with your rights contained within the Consumer Rights Act 2015
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MAKING A PURCHASE & SUPPLYING INFORMATION
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If you wish to purchase any product or service made available through the Service, you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
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You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) all information you supply to us is true, correct and complete. You expressly agree that Whispers in Time is not responsible for any loss or damage arising from the submission of false or inaccurate information including incorrect delivery details. Order confirmations shall contain the following information:
• Confirmation of the goods ordered including full details of the main characteristics of those goods;
• Fully itemised pricing for the goods ordered including, where appropriate, taxes, delivery and other additional charges;
• Confirmation of names and addresses provided at ordering
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By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the service and in our advertising on other websites or marketing material. You expressly agree that any such offer of a product or service does not constitute a legal offer capable of attracting legal consequences.
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We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
In order to offer you a Paypal payment method, we might in the checkout pass your personal data in the form of contact and order details to Paypal, in order for Paypal to assess whether you qualify for their payment methods and to tailor those payment methods for you.
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TERMINATION & CANCELLATION OF ORDERS
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We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. You expressly agree that Whispers in Time cannot accept any liability for loss or damage arising out of such cancellation.
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Upon placing an order, a pack will be posted to the customer for the ashes or other inclusions. In the meantime, the creation of jewellery will be commenced and the customers chosen colours will be added to the pieces. Therefore, once this process has begun, we will be unable to offer any refunds.
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You can inform us of a cancellation request by emailing info@whispersintime.co.uk or by contacting us on 07827 443105 and we will be able to advise if your jewellery has been started.
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We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.
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GOODS: PRICING & DESCRIPTIONS, AVAILABILITY & QUALITY
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Whilst every reasonable effort has been made to ensure that all graphical representations and descriptions of goods available from us correspond to the actual goods, we are not responsible for variations from such descriptions. The nature of handcrafted jewellery means that each individual piece is unique and images shown on the website are examples only. This does not exclude our liability for mistakes due to negligence on our part and refers only to minor variations of the correct goods, not different goods altogether. Please be aware that colours may differ due to the screen resolution and the colour of the ashes to be used in each piece. Ashes come in a variety of different textures and colours and as such, we cannot guarantee the final colour. Hair and fur, may or may not be noticeable on completed pieces depending on the colour and shape.
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Where appropriate, you may be required to select the required size, model, colour, number and/or other features of the goods that you are purchasing.
We neither represent nor warrant that goods will be available.
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We reserve the right to change prices and alter or remove any special offers as necessary. All pricing information is reviewed and updated on a regular basis.
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All prices on the website include VAT.
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All of our products are crafted and not machine made. The nature of handmade items means that no piece will be without any minor imperfections or faint scratches. No two pieces will ever be exactly the same. Products and product designs can be updated or removed at any time, please read the product descriptions carefully.
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NON-DELIVERY OF GOODS
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We will inform you within 24 hours of your order being dispatched. Please contact us if your parcel has not arrived within 3 days of your order being posted. We normally use Royal Mail for all deliveries. If your parcel is returned to us as undelivered, this will incur a delivery charge to cover the cost of the second postage.
All goods are considered delivered to the customer on receipt of a signature or a photograph provided by the carrier. Whispers in Time will not be held responsible for disputes over the signature or photograph provided by the carrier.
RETURNS POLICY
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Whispers in Time aspires to provide exceptional high-quality products. Due to the personal nature of our products, returns are not accepted unless items are supplied incorrectly or faulty. Returns are governed by these terms & conditions.
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INCORRECT ITEMS ON DELIVERY
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If you receive goods which do not match those that you ordered, please contact us within 3 days of receiving the order. The goods will be assessed upon receipt and if it is concluded that the issue is our fault, replacement products will be issued free of charge.
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FAULTY ITEMS ON DELIVERY
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In the unlikely event that you feel your goods are faulty upon receipt, you must notify us within 3 days of receiving your order to arrange a return. The goods will be assessed upon receipt and if it is concluded that the goods are faulty upon receipt, replacement products will be issued free of charge, subject to stock availability. Items must be returned complete in their original packaging.
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GOODS DAMAGED IN TRANSIT
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If goods are damaged in transit and the damage is apparent on delivery, you should sign the delivery note stating that the goods have been damaged. To return the damaged goods, please contact us within 3 days.
FAULTY GOODS WITHIN 6 MONTHS OF DELIVERY
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If any goods you have purchased develop faults within 6 months of delivery, you may be entitled to a replacement. In order to arrange for such a replacement, please contact us. We will assess the products and examine any faults upon receipt. If a conclusion is reached (which is made at our sole discretion) that the goods are faulty through no mistreatment (deliberate, negligent or otherwise), replacement goods will be issued depending on stock availability or store credit at no additional cost to you.​
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CONTESTS AND PROMOTIONS
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Any contests or promotions made available through Whispers in Time may be governed by rules that are separate from these terms. If you participate in any promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a promotion conflict with these Terms and Conditions, the promotion rules will apply. The terms and conditions of any other promotions are independent of this agreement.
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INTELLECTUAL PROPERTY
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The website and its original content, features and functionality are the exclusive property of Whispers in Time.
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INDEMNIFICATION
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You agree to defend, indemnify and hold Whispers in Time and any employees, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to solicitor’s fees), resulting from or arising out of i) your use and access of the website and company, by you or any person using your account and password, or ii) a breach of these Terms.
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LIMITATION OF LIABILITY
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In no event shall Whispers in Time, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the website or any other forms of communication; (ii) any conduct or content of any third party on the website or any other place (iii) any content obtained from Whispers in Time; and (iv) unauthorised access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
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EXCLUSIONS
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Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will Whispers in Time ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of our products and services including the website, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by Whispers in Time or any person for whom Whispers in Time is responsible, and even if Whispers in Time has been advised of the possibility of such loss or damage being incurred.
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LAW
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These Terms shall be governed and construed in accordance with the laws of Scotland, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
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Amendments
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We reserve the right, at our sole discretion, to modify or replace these Terms at any time. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.
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PRIVACY POLICY AND COOKIE POLICY
Please refer to our Privacy Policy and Cookies Policy. You agree that they constitute part of these terms. You must read our Privacy Policy and Cookies Policy before you use the Service.
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CONTACT US
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