Terms & Conditions

 

Whistles Ltd registered office address in England and Wales is: 183 Eversholt Street, London NW1 1BU. Number 1514754.

The Terms and Conditions outlined below apply to purchases made from the Whistles website: www.whistles.com.

Your acceptance of the Terms and Conditions is given when you make a purchase from Whistles. It is important to read these Terms and Conditions carefully before buying goods from our website.

Whistles reserves the right to change these Terms and Conditions at any time and any such change will be effective once published on the website and consequently will apply to all new orders.

If you have any questions about any aspects of our website please email us at enquiries@whistles.com.

Regrettably, for reasons of hygiene, we are unable to refund or exchange earrings. We ask that swimwear is returned with the protective film in place to receive a full refund or exchange.

Whistles.com information

We will endeavour to make sure that all information on our website is accurate and correct at all times and will try to resolve all information errors on the website as soon as reasonably possible. If you believe that such an error has affected your purchase, please contact us by calling +44 (0)20 7391 0923 or email us at enquiries@whistles.com, although we must stress, this does not admit liability on Whistles’ part.

Shopping online is as much fun as buying in-store, but it is a totally different experience

Be aware that:

• the colours shown on our website will vary depending on a range of factors including your computer screen and display settings
• sizes and measurements are approximate only
• all goods are subject to availability which means we may not be able to supply your order until we have checked our stocks
• delivery timings are estimates only
• goods and promotions which are offered on our website may not always be available

It is your responsibility to ensure that your login, password and all other details in relation to your account remain confidential at all times.

 

Shopping on Whistles.com

Placing an order on whistles.com couldn’t be easier. Here’s a few steps to get you started.

Once you have chosen your item, add it to your shopping basket. Enter your login details. Include your address and choose your payment method then finally confirm your order.

Once we have received your order, we will send you a confirmation email to the address provided. This will contain your order number and details of your purchase(s). Please be aware that this email is only an acknowledgement that your order has been received, it is not an acceptance by us of any offers to purchase goods. An order despatch email will be sent and payment taken from your credit/ debit card when we have checked our stocks and can confirm we have the goods you ordered. This is the point when we have agreed to a contract with you.

Once you receive the order despatch email this will act as confirmation that your item(s) have been sent. You may receive multiple order despatch emails if your order is being shipped in more than one parcel. If any goods are unavailable, you will receive an email to confirm this and no payment will be taken for these goods. We reserve the right to refuse any order prior to despatch.

For orders placed within the EU, all prices shown at whistles.com include the applicable VAT rate. If your order is being delivered outside of the EU, VAT will not be charged, however the selling price will remain the same. For any queries around VAT, we recommend contacting HM Customs on 0845 010 9000, or for more information you can also visit hmrc.gov.uk/vat

Whistles.com ships to the United Kingdom, Europe (Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Lithuania, Luxembourg, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, Russia), Australia, Canada, China, Hong Kong, New Zealand, Singapore, and the United States of America, Taiwan, Macedonia, Malta & Serbia Montenegro.

We cannot offer a next day delivery service to the following UK postcodes; G83, TR21 – 25, AB30-38/ 44-56, K8, IV, IM, HS, GY9, KW, PA, PH

Import duties and taxes will be the responsibility of the customer should goods be ordered from our website for delivery outside the UK. These costs cannot be predicted and are outside our control.

Regrettably, we do not currently offer an express delivery option on international deliveries.

It is really important to ensure you have given us the correct billing address. If it is incorrect we may not be able to process your order and you may incur additional costs to your credit/debit card.

 

Check Stock in Store

Our ‘Check Stock In Store’ service shows you product availability in your local Whistles store. Please note, this is only a guide to stock levels so, the best thing to do is call ahead before visiting the branch to make sure that the item is still available.

This service displays stock that is available in Whistles standalone stores only and does not apply to concessions or wholesale.

If you wish to reserve an item, our teams would be more than happy to hold garments for up to 48 hours.

If you wish to purchase the item over the phone we will deliver it to an address of your choosing. Please be aware that a postage cost will be applied to your order.

If you wish to return items to a Whistles store, please ensure your goods are returned within 14 days along with valid proof of purchase.

If you have purchased the item over the phone and you wish to return by post, simply complete the enclosed returns form including your name, Tran(saction) ID and Till ID. Ensure your goods are securely wrapped and the completed returns form is enclosed along with a copy of your till receipt. Please note that we will not be able to process your return without this paper work. All you’ll need to do is attach the Freepost Returns Label to the parcel and take this to your local Post Office. Make sure you obtain a ‘proof of postage’ receipt which you should retain until you’ve received your refund. Once we have received the items, a member of our Customer Service team will call you during the working week between 9 am – 5 pm, to process the refund over the phone. It usually takes between 5-10 working days from the date of postage to receive and process refunds.

We are unable to process exchanges for items returned via post however you can visit your local standalone store for this service.

 

Returning goods to store

If you wish to return items to a Whistles store, please ensure your goods are returned within 14 days, with the dispatch note as your receipt.

We offer this facility at any Whistles UK standalone stores. Unfortunately, this option is not available at Whistles concessions or factory outlets. When presenting your dispatch note you will be asked the reason for the return and whether you wish to exchange the item or obtain a refund.

 

Returning goods by post

It’s easy to return your item(s) by post. Simply complete the enclosed returns form with your name, address, and order number. Ensure your goods are securely wrapped and the completed returns form is enclosed. Attach the Freepost returns label to the parcel. Take the goods, along with the despatch note, to the Post Office. Make sure you obtain a ‘proof of postage’ certificate which you should retain until you’ve received your refund. It usually takes between 5-10 working days from the postage date to receive items and process refunds.

 

Extended Christmas Refund Policy

To make Christmas shopping even easier, we will be extending our returns policy; any purchases made between 3rd November and 24th December 2018 can be returned until 14th January 2019. As usual, items must be returned in their original condition with proof of purchase.

 

General terms

We are not responsible under these Terms and Conditions for any acts or events outside our reasonable control (force majeure), that adversely affect your purchase, including (but not limited to) strikes, lockouts, failures of third party systems or networks, acts of god, fire, earthquake, storm, flood or other natural disaster, civil unrest, acts of terrorism, deliberate sabotage of or malicious damage to equipment or data or for damage to or destruction of premises or equipment.

Any notices relating to these Terms and Conditions will be sent to you via your registered e-mail address.

Our Terms and Conditions outline the entire agreement between Whistles and our customers regarding the sale, purchase and use of goods. They supersede any previous agreement or understanding that may have previously been in place. No variation to these terms are binding unless agreed by us in writing.

Save to the extent that you exercise your right as a consumer to bring an action in or rely on the laws of your country of domicile, the interpretation, construction, effect and enforceability of these Terms and Conditions shall be governed by English Law, and you and we agree to submit to the non-exclusive jurisdiction of English courts for the determination of disputes.

 

Notice & disclaimers

The way you use our website, www.whistles.com, will be governed by the notices and disclaimers we’ve outlined below.

We do our best to ensure that the information on the website is accurate and helpful at all times. However, we cannot ultimately guarantee the accuracy of all information nor be held liable for any decisions/actions you take based on the information provided, except where further agreement has been made, in writing by Whistles to you.

While we endeavour to keep the website running effectively, we cannot guarantee the availability nor accessibility of our online service at all times and except where outlined in these notices and disclaimers we will not be liable for any damages, loss, costs or expenses incurred by you as a result of any lack of availability or accessibility of the website.

Any link (whether it is a hyperlink or other referral device) used on the website is provided solely for the use and convenience of the visitor. The link does not represent any endorsement or recommendation by us and does not mean that we have any direct association with the linked website. We are not responsible for the content of any websites where a link to www.whistles.com exists, nor for the legal consequences of your entering into any contracts with the third parties that provide these website links and we do not accept any liability for any loss, damage, expense or costs incurred by you as a result.

We will not be liable for any loss, damage, expense, costs, delays or other liability whatsoever (including without limitation any financial losses such as loss of profit) which you may incur as a result of any event beyond our reasonable control (including without limitation any failure of transmission, communication, computer or other facilities or your inability to access our website for any reason or any failure, error or delay in the sending or receiving of any notice or communication or instruction through the post or any electronic medium).

Nothing within these conditions operates so as to exclude, limit or restrict our liability for death or personal injury. Your statutory rights as a consumer are unaffected.

All Intellectual property rights and goodwill in or relating to the contents of our website belong to either ourselves or to our suppliers. In particular, the trade marks displayed are registered and nothing contained in these conditions or the website should be construed as granting by implication, estoppel, personal bar, or otherwise, any licence or right to use any of the trade marks without our permission. However, copying and printing of those web pages which contain the trade marks is permitted within the scope of the licence contained at below.

You may download to a local hard disk and print extracts from the website solely for personal, non-commercial use. You may also recopy downloaded extracts to others for their personal, non-commercial use.

You may not frame or link to the website or any part of it without our express permission.

The interpretation, construction, effect and enforceability of this agreement shall be governed by English law, and you and we agree to submit to the jurisdiction of the English courts for the determination of disputes.

 

Whistles electronic gift card

When purchasing the Whistles electronic gift card ("Whistles gift card" or "gift card") please be aware that it is not a cheque guarantee, credit or charge card.

The minimum amount required to activate your gift card is £1, the maximum amount is £1000.

You may use your gift card to make purchases at any Whistles standalone stores in the UK.

Unfortunately, the gift card cannot be redeemed in any Whistles concessions, outlets or international franchises, neither online nor via telephone/mail-order.

If the gift card is not used for a consecutive period of 24 months – whether to make a purchase, a balance enquiry or to top-up – the card will automatically expire at the end of that period and the balance on the card will be forfeited.

When you use your gift card, the amount of your purchase will be deducted from the balance on the card. Unfortunately, change cannot be given.

Just go to any Whistles store to obtain information on your remaining card balance or call our customer services team on 0330 363 3363 or email us at enquiries@whistles.com.

Your gift card is non returnable and cannot be redeemed or exchanged for cash.

Cash refunds cannot be given for purchases made using your gift card.

Your gift card is equivalent to cash, and like cash if lost, stolen or damaged it cannot be replaced.

All refunds of goods or services purchased with your gift card will be made in accordance with Whistles refund policy. This does not affect your statutory rights. Should we not receive the payment for the initial purchase of the gift card, Whistles will cancel the value of the card. Where the fraudulent use of a credit card is suspected, further action may be taken.

Whistles reserves the right to amend these Terms & Conditions from time-to-time, where we consider it reasonable and necessary to do so. The terms do not affect your statutory rights. Current conditions will be available at all times online at www.whistles.com

 

Whistles Wednesday WIN A TRIP TO NEW YORK Competition

*Terms and conditions: This prize will be provided in partnership with Manrepeller. The prize awarded will be: travel to New York (up to the value of £1000), two nights stay at Arlo Hotel in SoHo, and $2500 to spend at Whistles, Spring St, New York.

Competition opens on Wednesday 14th November 2018 EST at midnight and closes at Friday 14th December 2018 at midnight EST. Entries received before the start date or after the end date will be invalid. Only one entry per person. It is free to enter, and a purchase is not necessary. Participants must be 18 or over. The winner must redeem their prize within 1 month of being notified of winning via email. Whistles will arrange travel up to the value of £1000. The prize must be accepted as awarded and is non-transferable, non-exchangeable and non-refundable. No cash alternative and any costs incurred over and beyond the prize offering are at the personal cost of the winner. The prize cannot be used in conjunction with any other offer or discount. The prize is for two adults (winner plus guest). Travel insurance is not provided but is strongly recommended.

The prize must be accepted as awarded and is non-transferable, non-exchangeable and non-refundable. If, due to circumstances beyond our control, the Arlo hotel is unable to provide the stated prize, we reserve the right to award a substitute prize of equal or greater value. The prize may not be substituted for cash or any other products. If Whistles has not been able to contact the winner via email within 14 days they reserve the right to offer the prize to another entrant. The $2500 Whistles spend must be redeemed by booking an appointment at Whistles, Spring Street, New York. If the value is not spent on the day of the appointment the remaining value will be loaded onto a Whistles gift card which can be spent within any Whistles store (not online) within one year. Travel to and from the Whistles Spring Street store on the day is not included within the prize. Prize value cannot be redeemed on Whistles Wedding collection or sale stock.

By entering this competition you are agreeing to receive e-mail correspondence from Whistles and for Whistles to use your data to update you on who has won, future competitions, and information on new collections, product, and promotions we think may be of interest. View Whistles' privacy policy here: www.whistles.com/general/privacy.html You can unsubscribe at any time by selecting unsubscribe at the bottom of our e-mails.

This prize is offered in partnership with Manrepeller. Opt-in below if you would like sign-up to receive news and updates from Manrepeller. If you opt-in your data will be transmitted securely to Man Repeller LLC in the USA and treated in accordance with Manrepeller’s privacy policy which can be viewed here: https://www.manrepeller.com/privacy-terms

 

Whistles Wednesday WIN A TRIP TO NEW YORK Competition US Terms and Conditions

*Email Opt In Notice: By entering the Man Repeller x Whistles, you are agreeing to receive email correspondence from both Man Repeller and Whistles and for your data to be transmitted securely to Whistles Limited.

1. Eligibility No purchase or payment of any kind is necessary to enter or claim prize. A purchase does not increase your chances of winning. The Man Repeller and Whistles Sweepstakes (the “Sweepstakes”) is open to all legal U.S. residents who are of legal age of majority in their state of residence (18), except Alabama and Nebraska (where age of majority is 19), and Mississippi (where age of majority is 21) at the time of entry. Employees of Man Repeller (Man Repeller, LLC) and Whistles (“Whistles Ltd..”, and in collectively with Man Repeller, LLC, “Sponsors”), and their respective affiliates, partners, subsidiaries, franchises, distributors, advertising and promotion agencies, and the immediate families or household members of each are not eligible to enter. The Sweepstakes is subject to all applicable federal, state and local laws and regulations. Void where prohibited or restricted by law or regulations. Winning a prize is contingent upon fulfilling all requirements set forth herein.

2. How to Enter Standard Entry: To enter, visit www.whistles.com between Wednesday 14th November 2018 12:01AM EST and 11:59 PM EST on Friday 14th December 2018 and complete the entry form through the sweepstakes page by providing your e-mail address. A sweepstakes day (“Day”) is defined as a calendar day beginning at 12:00:01 a.m. EST and ending at 11:59:59 p.m. EST. Sponsors’ computer is the official time-keeping device for the Sweepstakes. Only one (1) entry per person/email address permitted during the entry period. Entries with duplicate email addresses or multiple entries using different email addresses for a single individual will be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. All entries and requests become the property of Sponsors and will not be acknowledged or returned. In the event of a dispute over who submitted an entry, the entry will be deemed submitted by the authorized account holder of the e-mail address submitted at time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Winner may be required to show proof that he/she is the authorized account holder.

3. Selection of Winner One (1) grand prize winner will be selected in a random drawing by 21st December 2018 (from among all eligible entries submitted during the Sweepstakes Period) conducted by representatives of Sponsors. Winner will be notified by e-mail on or about 21st December 2018 and will be given instructions on how to claim prize. Winner must redeem the prize within a week of the date on the notification or prize will be forfeited and awarded to an alternate winner. If a winner cannot be contacted, fails to execute and return the requested documents within the required time period, or prize is returned as undeliverable, or he/she refuses his/her prize for any reason, winner forfeits the prize and Sponsors will select an alternate winner by random drawing. If the winner is considered a minor in his/her jurisdiction of residence, affidavit and release must be signed by the minor’s parent or legal guardian and such prize will be delivered to minor’s parent/legal guardian and awarded in the name of parent/legal guardian. Odds of winning depend on the number of eligible entries received. Winner is not an official winner (“Official Winner”) until winner’s eligibility has been verified and winner has been notified that verification is complete. Sponsor will not accept screen shots or other evidence of winning in lieu of its validation process. If Sweepstakes site fails for any reason, any entry received during that time will be deemed defective.

4. Prize One (1) grand prize winner will receive one (1) a $2,500 shopping spree for use at Whistles, Spring Street, Soho, NY only. (2) a weekend stay at the Arlo for the winner and one guest. (3) travel to New York from prize winner’s home address up to the value of £1000. The winner must arrange their own travel. Prize will be awarded “as is” with no warranty or guarantee, either express or implied offered by Sponsors. Limit: One (1) prize per person/household. No more than the stated number of prizes in these official rules will be awarded. Winner will be responsible for all applicable federal, state and local taxes. Prize is non-transferable and no substitution by winner or cash equivalent is allowed. Sponsors reserve the right to substitute prize for one of equal or greater value.

5. Acceptance Official Rules As a condition of entry, you fully and unconditionally agree to these Official Rules and to the Sponsors’ decisions, which are final and binding in all respects.

6. Entry Errors Sponsors are not responsible for lost, late, incomplete, damaged, stolen, invalid, unintelligible or misdirected entries or information. Sponsors are not responsible if online service is interrupted including without limitation (1) interruptions to any network, server, Internet, Web site, telephone, satellite, computer or other connections, (2) failures of any telephone, satellite, hardware, software or other (3) garbled, misdirected or jumbled transmissions, or traffic congestion, (4) other errors of any kind, whether human, technical, mechanical or electronic, (5) the incorrect or inaccurate capture of entry information or the failure to capture any such information, or (6) any printing or typographical errors. If for any reason your entry is confirmed to have been erroneously lost, or otherwise destroyed or corrupted, your sole remedy is another entry in the Sweepstakes.

7. Potential Winner Publicity. As a condition of entry, you grant Sponsors and their agents permission to use your name, likeness, voice, and biographical information for publicity or advertising in any media or manner, without further payment, consideration, notice or approval and without geographic or time limitation. Liability. You agree that Sponsors and their subsidiaries and affiliated companies and all their advertising and promotion agencies will have no liability whatsoever in connection with this Sweepstakes and, you shall hold them harmless for any injuries, losses or damages of any kind that you or others may suffer as a consequence of your participation in the Sweepstakes or your acceptance, use or misuse of a prize.

8. Conditions of Participation Conduct. Sponsors reserve the right in their sole discretion to modify, cancel, terminate, and/or suspend the Sweepstakes and to disqualify any individual who tampers with the entry process, violates these official rules, or acts in a disruptive or unsportsmanlike manner. In the event that the Sweepstakes is terminated early, Sponsors reserve the right, but not the obligation, to award prizes in a random drawing from among the eligible entries received prior to the date of termination. Without limiting the foregoing, Sponsors reserve the right to disqualify any individual and may lock out any entrant who, in their sole judgment, tampers with the entry process or the operation of the Sweepstakes, who acts in violation of these Official Rules including acting in an unsportsmanlike or disruptive manner, or has questionable eligibility or is otherwise ineligible to enter. WARNING: Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsors reserve the right to seek damages from any such person to the fullest extent permitted by law. Sponsors’ failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

9. Disputes/Choice of Law Except where prohibited, each entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in New York City, NY; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes but in no event attorneys’ fees; and (3) under no circumstances will you be permitted to obtain awards for punitive, incidental, special, consequential or other damages, including without limitation, lost profits, (collectively, “Special Damages”), and (4) entrant hereby waives all rights to claim Special Damages and all rights to have such Special Damages multiplied or increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. New York law, without reference to choice of law rules, governs the Sweepstakes and all aspects related thereto.

10. Entrant’s Personally Identifiable Information. Information collected from entrants is subject to Sponsors’ Privacy Policies: MAN REPELLER PRIVACY POLICY manrepeller.com/privacy-terms

WHISTLES PRIVACY POLICY whistles.com/general/privacy.html

11. Sponsor This Sweepstakes is sponsored by: Whistles Ltd., 183 Eversholt Street, London, NW1 1BU, UK and Man Repeller, LLC, 181 Mott Street #2, New York, NY 10012

 

Issued by: Whistles Limited, Registered In England, Registration Number: 01514754, Registered Office: 183 Eversholt Street, London, NW1 1BU