Terms of Business
These terms and conditions were last updated on 26/03/2012. Use of Our website, catalogues or other promotional material and the sale and purchase of goods from either the website, over the phone or by any other way in which you make contact to give an order are governed by Our terms and conditions as set out below. By placing an order on Our website, over the phone or by any other means in which make contact to give the order, You are agreeing to Our latest set of terms and conditions. "We" or "Our" means UK Shopping Mall Limited and / or our Merchants and / or www.whittingtons.biz online shop. "You" or "your" means the person accessing, using or ordering our website, or contact us over the phone or by other means to attain information or make an order.
Whittingtons is a trading name of UK Shopping Mall Limited a company registered in England and Wales. Company Number: 327925. VAT No: GB 793 3640 06
1. Disclosed agent
Whittingtons acts as agent in the sale of goods which are supplied by our fulfilment Merchants directly to you. The contract of sale then exists between you and the Merchant. These terms and conditions cover all sales made through this website or by other means to give an order and each of our Merchants must comply with our terms and conditions of trading.
2. Prices, description and availability of goods
All prices are shown in GBP (Pounds Sterling). Prices other than those in GBP are shown for guidance purposes only. All goods are sold subject to availability. Both price and availability information is subject to change without notice, hence any subsequent purchases of the same product cannot be guaranteed at the same price. The availability of the Goods that you wish to order is indicated on the "Product's page".
This is an indication of availability only and is not a guarantee that the Goods are available at the time at which you order them. If, after you submit your order, the Goods that you have ordered are not available, We will either substitute the goods for a similar item of equal or greater value, or issue a refund for the out of stock item.
Whilst we take the utmost care to ensure the product descriptions, pictures, information and prices are accurate we do not accept liability for any inaccuracies, errors or omissions. Despite our best efforts, a small number of the items displayed on our site may be mispriced. No contract exists between you and our merchant partner for the sale by our merchant partner to you of any product unless and until our merchant partner accepts the order. Payment for an order is not considered as acceptance of an order. Our merchant partners aim to verify prices as part of their payment processing procedures. Orders are accepted at our merchant partners' sole discretion and we and our merchant partners maintain the right to decline orders without giving an explanation.
Colours may vary slightly from those shown on the website due to the limitations of Internet technology and the conditions under which the photographs were taken. Product pictures are shown for illustration purposes only and should not be used as a exact view of the finished product.
Certain products which are currently out of stock can be available on "Pre-Order". Such items will have a "Pre-Order" status shown on the "Product's Page" along with a estimated re-stock date. This date is only an estimated date and we make every effort to update this information when this date changes. Ordering items on "Pre-Order" does not guarantee the holding of the stock or that the delivery will arrive on time. An order that contains items on a "Pre-Order" status will be held until such time that the item on a "Pre-Order" status comes back into stock. This restocking of the item is not guaranteed and as such you have a right to cancel this order at any time up until the time at when the order has been dispatched.
3. Sales tax
Value Added Tax (VAT) is applicable to all orders paid for and shipped within the European Union (EU). Orders shipped to destinations within the EU but outside of the UK can be subject to a rebate on the VAT charged. This rebate is subject to a valid VAT number of the destination country being supplied as well as proof of export outside of the UK. VAT will be charged at the time you place the order and you must provide these details after placing your order to obtain a rebate.
For orders shipped to destinations outside the EU, orders are applicable for a rebate on the VAT charged at the time of placing the order subject to the payment card being registered in the destination country and proof of export being supplied for the goods. The price of goods and shipping will be subject to VAT at the time the order is placed and the aforementioned conditions must be met post sale in order to obtain a rebate. Note that orders may be subject to local sales tax or import duty. These are not included in our prices and customers remain liable for payment of these taxes or duties on or following delivery.
4. Payment methods
All orders must be paid for by credit or UK debit cards over the internet. Any customers wanting to place orders
over the phone may be subject to further manual fraud prevention checks which could delay the processing of your order.
We reserve the right to hold your order and or cancel without reason whilst be perform whatever checks we deem necessary,
which can include checks into your payment history and address checks. Under special circumstances we can accept payment
by cheque or bank transfer, however all funds must be cleared before goods are despatched.
In the event that a payment is reversed by the bank to result that part of or all of the payment for the goods or services provided by Whittingtons have no longer being payed for. Or if you fail to make payment on your account for goods provided on a credit basis before the given payment date. We reserve the right to charge a minimum charge of £40 or 15% of the order value (which ever is the larger) in relation to the collection of this debt unless cleared payment is made within 7 working days. Any payment not made within 7 days could be liable to interest under the late payment legislation.
4.1 Credit Accounts
Where the Buyer buys more than £3,000 of goods per annum UK Shopping Mall Limited may, in its absolute discretion, and subject to
credit assessment, grant credit terms to the Buyer, up to a credit limit determined by UK Shopping Mall Limited.
If such credit terms are granted by UK Shopping Mall Limited to the Buyer, all orders must be paid for, in full within 30 days of the relevant invoice from UK Shopping Mall Limited, which will be issued when the relevant order is despatched.
No payment shall be deemed to have been received until UK Shopping Mall Limited has received cleared funds.
The Buyer shall make all payments due under the Contract in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Buyer has a valid court order requiring an amount equal to such deduction to be paid by UK Shopping Mall Limited to the Buyer.
Failure to settle your account within the agreed period will result in your account automatically changing to a pro-forma basis. No further orders will be despatched until all amounts are settled in full. We reserve the right to terminate any trading agreements and will charge interest at 1.5% per month (variable) on all overdue accounts which will be invoiced separately when the overdue amount is paid.
Your shopping basket displays the goods you have purchased. Goods will be sent to the address given by you in your order and stated in the Order Confirmation. Please note that if incorrect information is given resulting in a miss-guided or incorrect delivery attempt, you may be liable for a re-delivery charge subject to the size of the goods ordered. We do not guarantee that your goods will arrive in one consignment as certain orders may be sent to you in instalments.
Goods can be delivered to the UK Mainland (England, Wales and Scotland), Northern Ireland and Ireland. Deliveries outside of the UK are covered below. The delivery charge for your order will be shown in your shopping cart and is calculated based on the destination and type of goods in your basket.
We cannot provide you with a time for any delivery. We aim to provide you with an estimated date provided by Our delivery partners, however this is not guaranteed and we make no assurances as to the time taken to deliver the order.
Delivery within 2 working days, and Saturday delivery options can be selected during checkout. The shipping charge for these options will be displayed in the checkout process.
Current delivery charges and timescales are available here
Our standard delivery within the UK mainland is displayed at 5 working days. This time period is only an indication of the delivery time period and we make no guarantees to deliver within this time period.
Expedited Delivery is available only to orders delivered within England, Wales and some parts of Scotland. We aim to have all orders placed on an expedited service delivered within 2 working days however make no guarantee as to this time period
Saturday delivery is only available for orders delivered to England, Wales and some parts of Scotland. Only certain orders are eligible for Saturday Delivery and we retain the right to cancel any order placed on a Saturday delivery service. Delivery on a Saturday is not guaranteed and requires a minimum of 1 working day to process the order.
Non UK Mainland Delivery
Delivery to Northern Ireland & Offshore Islands is via a standard seven day service, if the order is sent via a parcel courier. If the order is sent on a pallet delivery may take up to 14 working days.
Deliveries outside of the UK are available on a quotation base only. Deliveries outside of the UK are not covered for breakages, damages or loss of goods.
Accepting a delivery
All deliveries require someone to be present to take in the order a signature is required. For orders sent on a pallet we will attempt to contact you beforehand to arrange a delivery. If you are not able to accept a delivery on certain days you should arrange this with us beforehand. If we notify you of a delivery date either via phone or email and you are not able to accept this delivery, you may be liable for a re-delivery charge.
6. Order Tracking
We provide full details of the progress of your order online. You can track the progress of your payment or delivery from the account page once logged into Our site. We attempt to make these as up to date as possible however due to operational limitations order statuses may not accurately affect the exact state of your order. Where applicable we provide links and tracking numbers to any orders sent via couriers. This information is provided by Our delivery partners and We cannot guarantee its accuracy.
7. Warranties & Replacements
Our Goods are sold with the benefit of and subject to the terms applicable to such warranty as is given by the manufacturer of the Goods.
Some of the information contained on the Site relating to the Products is provided to us by third parties and accordingly, no warranty is given by us as to the accuracy of such information.
Other than as expressly provided in these Terms & Conditions, and except where the Products are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977 and Unfair Terms in Consumer Contracts Regulations), we exclude all conditions, terms, representations (other than fraudulent or negligent representations) and warranties relating to the Products, whether imposed by statute or by operation of law or otherwise, that are not expressly stated herein, including without limitation, the implied warranties of satisfactory quality and fitness for a particular purpose.
Where you are dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977 and Unfair Terms in Consumer Contracts Regulations) your statutory rights are not affected by these Purchase Terms ie. if the Goods are faulty or not what you ordered, in this case please provide a full description of the fault and return the defective item in its original box (if any) using our online returns form.
8. Cooling off period and cancellation / returns
Cancelation & Changes
You can change or cancel your order at any time until We despatch the Goods to you. If you wish to change or cancel your order, please let Us know immediately using the online contact forms or telephone numbers where applicable.
Customers [in the European Union] who are dealing with Us as consumers may cancel their order within 14 days from the day after the day on which they receive the Goods provided that the Goods have not been used, altered or damaged and are in their original packaging.
If you wish to cancel & return your order, you must let Us know in writing by letter, fax, email or using our online returns form within 14 days. Unless the Goods are faulty, you will be responsible for the cost of returning the Goods to Us. You have 14 days in which to return the items to us. If You have not returned the items to us within this period We will take steps to recover the Goods. You must make the Goods available for Us to collect on a standard working day between the hours of 9am and 5pm as detailed in section 9. In the event that we are forced to recover the Goods, You will be charged automatically to the card we have on file for each attempted collection £10 + VAT per parcel or £75 +VAT per pallet order. Until the Goods are returned to Us You must take care of them. If you decide to return the goods yorself after 14 days have passed since the return request was acknowledged then there will be a discrentionary restocking fee.
The right to return items does not extend to the following items:
- perishable goods such as food, cameras or flowers (unless received too late),
- cosmetic products or earrings
- lingerie or personal clothing
- events (such as holidays or entertainment)
- financial or insurance products
- products made to order, including all personalised products.
We will provide you with a full refund of the price of the Goods that you are returning within 30 days from the date on which you give Us notice that you wish to cancel your order. Please view our returns procedure found in our help desk for details on how to make a cancellation.
Bulk Orders are only returnable at our discretion
Damages & Shortages
If your order arrives damaged or there are shortages we require notification in writing within 3 working days. Once we receive notification we will either replace or issue a refund at our discretion for the damaged goods or shortages. If you do not give us notification within 3 working days of receiving your order we cannot issue a replacement or refund for these items.
In order to offer such low prices on disposable cameras we limit our liability to those either lost or damaged to the replacement value of the camera or film. We strongly recommend that disposable cameras are not used as the only source of photography on your wedding or celebration day. The inexperience of camera operators can greatly affect the resulting images, as can factors including lighting conditions, weather and distance. We do not bear any responsibility for the quality or quantity of the resulting images. Prior to processing we recommend that you make enquiries with the processing lab to avoid charges for unusable exposures.
We stock a selection of handmade items in our stores, including our range of glass vases. As these items are handmade we cannot guarantee
that any two items will be identical. As a result we will not issue refunds or replace any items that are handmade if they do not appear
identical. You can return these items for a refund at your own cost as described in our returns policy.
Futhermore hand blown glassware can result in small air bubbles appearing in the glass. This is a result of the production process, and as a result this is not classed as a fault with the product. We will not issue refunds or replace any glassware that contains air bubbles in the glass. You can return these items for a refund at your own cost as described in our returns policy.
We do not offer credit or replacements for exchanges, you need to return the item and re-order a different item
9. Drop Shipping
Whittingtons provides the ability to ship goods to any destination listed in our delivery section. This does not have to be your billing address and can be the address of a customer or other partner. You can change this address during the checkout process of Our website. We also provide the ability for Our customers to request that no paperwork is sent with an order.
Contract of Sale
If you choose to use these features to "Drop Ship" Our items to Your customers, then Our contract of sale exists between Us and You. You should provide a separate contract of sale between You and Your customer. As the retailer, you must liaise directly with your customers.
If your customer is experiencing problems, it is important to correspond with them
until you reach a point at which you need our assistance. We are unable to undertake any form of direct communication with traders'
customers to resolve order problems, and cannot act as a mediator should any disputes arise.
Delivery of Drop Ship Items
We reserve the right to talk to Your customers to arrange delivery dates, times and addresses.
Should Your customer refuse an item at point of delivery, or fail to accept a delivery that has been booked in with Your customer, we will be obliged to pass on the resultant courier costs.
Use of Pictures and Product Information
Whittingtons gives permission for You to use our pictures and product information to advertise our products on Your website,
Amazon and eBay stores, whilst Your account is active with us. If Your account is inactive, and an order has not been placed
for a period of two calendar months, we withdraw the right to use our images and product descriptions.
At this point you will be required to remove all images and product descriptions, where the copywright is owned by UK Shopping Mall Limited from Your website, Amazon store, eBay store or third party store.
10. Reservation of title
Title to the goods shall remain vested in UK Shopping Mall Limited and shall not pass to the Buyer until the Buyer has
paid all debts owed to UK Shopping Mall Limited by the Buyer.
Until title to the goods passes
- UK Shopping Mall Limited shall have authority to retake, sell or otherwise deal with and / or dispose of all or any part of the goods;
- UK Shopping Mall Limited and its agents and employees shall be entitled at any time and without the need to give notive enter upon any property which the goods or any part are stored, or upon which UK Shopping Mall Limited reasonably believes them to be kept
- The Buyer shall store or mark the goods in a manner satisfactory to UK Shopping Mall Limited indicating that the title to the goods remains vested in UK Shopping Mall Limited; and
- The Buyer shall insure the goods to their full replacement value, and arrange for UK Shopping Mall Limited to be noted on the policy of insurance as the lostt payee.
Irrespective of whether title to the goods remains vested in UK Shopping Mall Limited, risk in the goods shall pass to the Buyer upon delivery.
In the event of incorrect items being delivered to the buyer or of the buyer cancelling their order, the buyer must make the goods available for collection by the seller on a standard working today between the hours of 9am and 5pm. If the buyer fails to do so, they will become liable for the cost of the goods at the current selling price listed on www.whittingtons.biz
Should you have a complaint with the service or product we provide please contact customer services using the online contact form.
12. Offensive or age restricted material
We take the utmost care to ensure that no material likely to give offence or which is unsuitable for children is displayed on our website. There are, however, certain products that we sell which are unsuitable for children (e.g. florist knives). By placing an order for products with age restrictions you declare that you are of legal age to purchase those products.
13. Trademarks and copyright
All third party copyright, trademarks, brand names, product names and titles on this website are acknowledged. This website is protected by Copyright and the Copyright, Trademarks, logos and Intellectual Property rights for the content of the Whittingtons website are the property of UK Shopping Mall Limited or Our merchant partners. ALL RIGHTS RESERVED. Any use, printing or copying of materials on this website, other than in the course of browsing, selecting products and ordering from us, is strictly prohibited. Any framing of this website is prohibited.
Security is one of our highest priorities and we take every precaution to protect your personal information both online and offline. We use the services of a payment merchant (Iridium & SagePay) to make sure that all card transactions are completed through a secure encrypted facility.
15. Privacy Statement
This privacy statement applies solely to information collected through this website.
Information Collection and Use
We are committed to protecting your privacy. We use the information we collect about you to process orders and to provide a more personalised shopping experience. We will share the data we collect with our Vendors solely for the purpose of fulfilling your order. We will only use the information that we collect about you lawfully in accordance with the Data Protection Act 1998. We will not sell, share, or rent this information to others other than as disclosed in this statement. During the registration or ordering process we collect some or all of the following information:
- Your name and address
- Your contact telephone numbers (to enable us to contact you in the event of a query)
- Your e-mail address
- For credit / debit card purchases your card details
We will confirm your personal details on our acknowledgement of order. If you have registered you may check, amend or remove your personal details by clicking the login button. By registering or ordering through our website you consent to the collection and processing of your personal details by us.
Registration and Newsletter
To place an order with us registration is required. We will store your personal details securely with access protected by a user name and password. When registering you may opt to receive regular newsletters, marketing information, special offers and website updates from us. If you wish to receive these without ordering please register anyway. If you no longer wish to receive our newsletter or promotional materials you may opt-out of receiving these communications by contacting us through our online contact form.
We use IP addresses to analyse trends, administer the website, track user's movement, and gather broad demographic information. IP addresses are not linked to personally identifiable information.
If you are signed up to our affiliate programme, you are entitled to the use the images and content on our site for and only for the promotion of sales concluded on our website. Any content you take from www.whittingtons.biz and use or publish on an external webiste is under the sole responsibility of the yourself and you shall indemnify Whittingtons at all times for any loss, expense or damage incurred by Whittingtons as a result of the Customer's actions or omissions.
Whittingtons reserves the right to change any prices or information at any time without providing notice to yourself. It is your responibility to monitor any changes in information on our site and update your postings respectivley. Whittingtons reserves the right to pull back the rights for publishing any content taken from www.whittingtons.biz at any time.
Customers are tracked via the unique code given to each affiliate. Each customer is tracked for 30 days or until either another affiliate code is used or an order has been complete. The most recent affiliate code will allways take precedence. Whittingtons does not guarantee suitability of leads proved via the Service or subsequent conversions. We take no responsibility for malformed links or miss-printed urls that have been given to your customers. You are fully responsible for checking that any links pointing to our site are correctly formated to include your affiliate code. Transactions will not be tracked for orders brought by the affiliate themself and any abuse of the system could result in past fraudlent commissions rescinded and / or your account be terminated.
Discounts to your customers are only available on non-discounted items (i.e. they are not available on any item which has already been discounted due to it being on sale, there being a discount for order multiples of this item or on an other discount scheme). Commmissions rates will only be paid at half their normal rate on any discounted items.
Commissions are calculated on a monthly basis with payments being made 30 days after the closing of the last month. Commissions are only calculated on fully paid for, invoiced and dispatched orders. Payments are only made when a minimum of £50 has been earned. All commission earned under this amount and hence not paid for will be pushed forward into the next month
For any whole or part orders cancelled, returned or otherwise disputed such that the order or part of the order is no longer completed, the commission will be rescinded and a credit will be raised against the latest payment to be made.
Rates & Reviews
Commission rates are variable dependent on the turnover generated by your links and the rates set forward when signing up. Commissions rates are reviewed on a quarterly period and can go up and down depending on performance in the last quarter. Commissions rates are valid for the next quarter only and not on past transactions. Whittingtons reserves the right to change your commission rate and / or stop your account immediately and without notice.
There is a maximum of one level of commission available on each order.
18. Modification of These Terms and Conditions
We reserve the right to change these terms and conditions from time to time. By continuing to use the information provided by or purchase from Whittingtons following any such change you will be deemed to have accepted such change. It is your responsibility to check regularly to determine whether these terms and conditions have been changed. If you do not agree to any such change you must immediately stop using the Site or contacting us for information.
The contract will be governed by the laws of England and Wales and you agree to submit to the jurisdiction of the English courts.
These terms and conditions do not affect your statutory rights as a consumer.
UK Shopping Mall Limited is registered in England. And Wales Company registration number 327925
20. Limitation of Liability
Except as expressly set out in these terms, no implied conditions,
warranties or other terms, including any implied terms relating to satisfactory quality or fitness for any purpose,
will apply to any Goods or to anything supplied or provided by Whittingtons under any Contract.
UK Shopping Mall Limited shall not be liable (whether from breach of contract, tort (including negligence), breach of statutory duty or otherwise) for any:
- loss of profit;
- loss of sales, turnover, revenue or business;
- loss of customers, contracts or opportunity;
- loss of or damage to reputation or goodwill
- loss of anticipated savings;
- loss of any software or data;
- loss of use of hardware, software or data;
- loss or waste of management or other staff time; or
- indirect, consequential or special loss; arising out of or relating to any Contract, whether or not such loss was foreseeable or if UK Shopping Mall Limited was advised of its possibility (the term "loss" includes a partial loss or reduction in value as well as a complete or total loss).