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Terms & Conditions

INTRODUCTION

This Website (www.subtlewhisper.com) (the “Website“), is owned and operated by Subtle Whisper; we are based in England. Our office is in Cambridgeshire, England, United Kingdom.

If you have any questions regarding this Website or these terms and conditions, or in the unlikely event that you have any complaints about any products purchased by you from the Website, you can contact us by email at customerservice@subtlewhisper.com

 

TERMS OF WEBSITE USE

Please read our terms and conditions carefully. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.

Your use of our Website is governed by these Terms and our Privacy Policy or any other policy referred to in these terms and conditions. You agree that the information you provide when placing an order is true and accurate in all respects. We only use your personal information for the purposes detailed in our Privacy Policy (e.g. dealing with orders and accounts, processing payments). You will notify our customer service team of any changes to that information.

Whenever you make use of a feature that allows you to upload content to our Website, or to contact other users of our site, you must comply with these Terms and any applicable law.

Any content you upload to our Website will be considered non-confidential and non-proprietary. Subtle Whisper have the right to use, copy, distribute, reproduce, exploit, modify, alter, and/or disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Website constitutes a violation of their intellectual property rights or of their right to privacy.

We may deny you access to the Website at any time in its sole discretion when we believe that your use of the Website is in violation of any of these Terms, any law or the rights of any third party or was not respectful to others.

 

RELIANCE ON INFORMATION POSTED & DISCLAIMER

The materials contained on our site are provided for general information purposes only and do not claim to be or constitute legal or other professional advice and shall not be relied upon as such.

We do not accept any responsibility for any loss which may arise from accessing or reliance on the information on this site and to the fullest extent permitted by English law, we exclude all liability for loss or damages direct or indirect arising from use of this site.

Subtle Whisper tries to ensure a fast and reliable service, it does not guarantee that your use of this Website will be interruption or error free and will not be responsible for any disruption, loss of or corruption of any material in transit, or loss of or corruption of material or data when downloaded onto any computer system.

 

ACCESSING OUR SITE

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.

 

INTELLECTUAL PROPERTY RIGHTS

We are the owner and the licensee of all intellectual property rights in our site, and the material published on it.  Those works are protected by copyright laws and treaties around the world.  All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

 

COPYRIGHT AND TRADEMARK

The contents of these pages (including pictures, designs, logos, photographs, text written and other materials) are the copyright trademark or registered trademark of Subtle Whisper or its content and technology providers or their respective owners. ALL RIGHTS RESERVED.

The copying, modification, distribution, reproduction, or incorporation into any other work of part or all the material available on this Website in any form is prohibited save that you may:

  • Copy, print (one copy only) or download extracts of the material on this Website for the sole purpose of using this Website in good faith for domestic purposes or placing an order with Subtle Whisper; and
  • Copy, print (one copy only) or download the material on this Website for the purpose of sending to individual third parties for their personal information provided that you do seek no commercial advantage or benefit from so doing. You acknowledge us as the source of the material and that you inform the third party that these conditions apply to them and must be complied with by them.

 

OUR SITE CHANGES REGULARLY

We aim to update our site regularly and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

 

OUR LIABILITY

The material displayed on our site is provided without any guarantees, conditions, or warranties as to its accuracy. To the extent permitted by law, we, and third parties connected to us hereby expressly exclude:

  • All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
  • Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
  • Loss of income or revenue;
  • Loss of business;
  • Loss of profits or contracts;
  • Loss of anticipated savings;
  • Loss of data;
  • Loss of goodwill;
  • Wasted management or office time;

And for any other loss or damage of any kind, however arising and whether caused by wrongdoing (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

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

The liability of Subtle Whisper under or in connection with any contract for any products to which these conditions apply shall not exceed the price of the products, except as expressly provided in these conditions.

Subtle Whisper will not be liable to you or be deemed to be in breach of these Terms or any other contract with you by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the products ordered by you if the delay or failure was due to any cause beyond its reasonable control.

Subtle Whisper may assign or transfer any of its rights or authorise any of its obligations under these terms to any third party. You may not assign or transfer any of your rights or authorise any of your obligations under these terms except with specific permission in writing of Subtle Whisper.

No person who is not a party to these terms shall have any right to enforce any term under the Contracts (Rights of Third Parties) Act 1999. Nothing in these conditions is intended nor shall affect any of your statutory rights that may not be legally excluded.

 

INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE

We process information about you in accordance with our Privacy Policy  By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

 

CONFORMITY OF GOODS

At Subtle Whisper we try our absolute best to ensure that the description and specification of our products is correct. However, specifications and descriptions of products on this Website are not intended to be binding and are intended only to give a general description of our products. Colour reproduction of our products is a close representation; however, we cannot accept any responsibility for any variation in colour caused by the browser software or computer system used to view the products.

 

STOCK AVAILABILITY

We endeavour to display all items currently available on our website and aim to hold stock of all styles and sizes while a product is active. Occasionally, an item will be out of stock. If this is the case and we expect more stock to become available, this will be highlighted in your shopping basket. The stock status for your order will also be shown on your order confirmation. If the item is available to purchase on back order, we will provide a promise date for expected delivery. However, if a product is truly out of stock, you will not be able to add it to your shopping basket.

 

YOUR RIGHT TO CANCEL

You have a legal right to change your mind and cancel your order within 14 days of receipt and receive a refund of all charges for the cancelled goods and the delivery charges. We will process the refund without delay and in any event not later than (a) 14 days after the day we receive back from you any products supplied; or (b) if there were no products supplied, 14 days after the day on which we receive your cancellation notification. This includes the delivery fees which we will refund the equivalent amount charged for delivery. You will then need to return the item(s) by post. Parcels returned by post are returned at your own cost.

Please see the Returns page for further information.

 

VIRUSES, HACKING AND OTHER OFFENCES

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored, or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

 

LINKS FROM OUR SITE

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.  We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.  When accessing a site via our website we advise you check their terms of use and privacy policies to ensure compliance and determine how they may use your information.

Any such links are provided merely as a service to users of our Website and their inclusion in this Website does not constitute an endorsement by or affiliation with Subtle Whisper.

 

JURISDICTION AND APPLICABLE LAW

The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site.

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

To the extent it is possible to exclude the application of other laws and regulations, these terms and your use of our Website are governed by English law and you agree to submit to the non-exclusive jurisdiction of the English court. This does not affect your non-excludable statutory rights. This Website and our terms have been designed for use within the United Kingdom and under UK law.

Where we are happy to consider requests for products and enquiries from outside the United Kingdom, we give no warranty, express or implied, that the use of this Website or the placing of any order through this Website from outside the UK complies with any applicable non-UK laws or regulations. Accordingly, any products or promotions not permitted under your local law are not offered to you.

 

VARIATIONS

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

 

YOUR CONCERNS

If you have any concerns about material which appears on our site, please contact customerservice@subtlewhisper.com

 

Thank you for visiting our site.

 

 

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