+44 (0)161 831 3700

Whispering Smith ltd trading as Brave Soul

WEBSITE TERMS AND CONDITIONS

1 General
This website is operated by Whispering Smith Ltd (“we/us/our”). This page tells you the terms and conditions of use of this website by you and on which we supply any goods listed on our website to you and our privacy policy. You should understand that by accessing and using this website or ordering any of our goods, you agree to be bound by these terms and conditions. You should read through these terms and conditions and privacy policy carefully before using this website or ordering goods and print a copy for future reference.

2 Access and use
2.1 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. We will not be liable if for any reason our site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
2.2 Whispering Smith ltd grants you a limited licence to access and make personal use of this website, but not to download or modify it, or any portion of it, except with our express written consent.
2.3 You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.
2.4 You are responsible for all activities which occur under your customer ID and password, save where such activities occur as a result of our negligence.
2.5 Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
2.6 Certain links on this site lead to web sites which are not under our control. We do not accept any responsibility for any material on any web site which is not under our control. We will use our reasonable endeavours to maintain a continuous internet presence for you, but we cannot guarantee continuous, uninterrupted use.

3 Intellectual property
3.1 All intellectual property rights (including without limitation trade marks and copyright) in the design, content and arrangement of this site, its text and graphics, all software compilations or underlying source code, and all other material on this site are reserved to us, our group companies or our content and/or technology providers. Whispering Smith ltd and all other names, images, pictures, logos and icons identifying us or our services are trade marks or trade names of Whispering Smith ltd. Other product and business names mentioned on this site are the property of their respective owners.
3.2 The material and content contained within this website is made available for your non-commercial, personal use only and that you must not download such material and content other than strictly for the purpose of using this website. Any other use of the material and content of this website is strictly prohibited.

4 The contract between us
4.1 The goods displayed on this website and information about the goods and the price are an invitation to place an order only and not an offer to buy.
4.2 An order is placed when you click the “Complete Order” button on our order form and the placing of such order will constitute an offer by you to purchase the goods subject to these terms and conditions. You should review the order and correct any incorrect details before pressing the “Complete Order” button.
4.3 When you place an order with us we will treat it as an offer to purchase goods from us. After placing an order for goods, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted.
4.4 All orders are subject to acceptance by us. We must receive payment of the whole of the price for the goods that you order before your order can be accepted. The contract between us will only be formed when the goods are dispatched to you.
4.5 Acceptance of your order is subject to the availability of the goods in question. If we do not have your goods in stock, we will send you an email to advise you of our best estimate of availability at the time you place your order. This is an estimate only and may be subject to change at any time without notice.

5 Price and payment
5.1 The prices payable for goods that you order are as set out in our website at the time when you place your order. All prices are in £s sterling and include VAT and delivery charge.
5.2 Although we try and ensure the prices on our website are accurate, there may be times where we make an error. If we discover such an error, we will contact you by email and give you the option of reconfirming your order at the correct price or cancelling your order. If you choose to cancel the order, you will be refunded any price you have already paid.
5.3 You can pay by any major credit card or debit card. We will take payment from your card at the time we receive your order. When you enter your credit card details, you agree for the invoice sum to be debited from your card.

6 Cancellations, exchanges and returns
6.1 You may cancel your contract with us for the goods you order at any time within 7 working days from the date you receive the ordered goods for a full refund. If you have received the goods before you cancel your contract then you must send the goods back to us.
6.2 To cancel your contract you must notify us in writing by sending an email to returns@Whispering Smith ltd.
6.3 If for any reason you are not satisfied with the goods you have ordered, you may return it to us within 7 days for a refund or exchange for a different item, size or colour as required.
6.4 You must return the goods to our contact address at your own cost and risk and in the same condition in which you received them.
6.5 Once you have notified us that you are cancelling your contract or returning goods for refund, we will issue a full refund as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are received by us in the condition they were in when delivered to you.
6.6 Your statutory rights are not affected by this policy.

7 Delivery of goods to you
7.1 We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order. We are only able to deliver to addresses in mainland UK. Delivery will be by a currier of our choice.
7.2 Delivery will be made as soon as possible after your order is accepted and in any event within 28 days of your order. Delivery timescales are estimates only and we will not be liable to you for any delay in you receiving your goods.
7.3 You will become the owner of the goods you have ordered and the risk in the goods will pass to you, when the goods are delivered to you or when we first attempt to deliver goods to you and we will not be liable for their loss or destruction.
7.4 We reserve the right to deliver the goods in instalments and in such event each instalment shall be treated as a separate contract and delivery of further instalments may be withheld until the goods comprised in earlier instalments have been paid for in full.

8 Descriptions
8.1 We are careful to ensure that descriptions and photographs represent correctly the products available. As it is our policy to continually improve products, methods and materials, we reserve the right to change specifications from time to time. We will not make any significant variations without your agreement. Please note that colours may be affected by technology used to access it and so some variation in colours may occur.
8.2 Basic washing instructions are provided online on the main product description page, and will state whether an item is machine washable, dry clean only or hand wash only. These instructions are a guideline only and you should always refer to the specific care labels inside the goods, which detail the washing instructions for that individual item.

9 Liability
9.1 Nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence or any other liability that may not be excluded or limited under applicable law.
9.2 We warrant to you that any goods purchased from us through our website will be of satisfactory quality, will match their description in all material respects and will be reasonably fit for the purpose for which they are commonly supplied.
9.3 If the goods supplied are faulty or defective, other than as a result of your negligence, fair wear and tear, accident, misuse or wilful damage, you must notify us by email at care@Whispering Smith ltd Whispering Smith ltd of the problem and return the goods to us at our contact address and if the goods are found to be faulty or defective, other than for the above reasons, we will, at your option:
(a) replace or repair any goods that are damaged or defective; or
(b) refund to you the amount paid by you for the goods in question including the cost incurred by you in returning the item to us.
9.4 Save as precluded by law, we will not be liable to you for any:
(a) consequential loss, special or indirect loss or damage; and/ or
(b) loss of business use, profit, anticipated profit, contracts, revenues, goodwill, productivity or any anticipated savings;
suffered or incurred by you arising out of or in connection with these terms and conditions howsoever arising.
9.5 In any event, subject to 9.1 above, our total aggregate liability (in contract, tort or otherwise) arising out of the supply of goods shall not exceed the amount paid or payable by you for the relevant goods.
9.6 We are providing this web site and its contents on an “as is” basis. Other than as expressly provided in these terms and conditions, all warranties, conditions or other terms implied by statute or common law with respect to this web site or the information, content, materials or products included in this site, are excluded to the fullest extent permitted by law. In addition we do not represent or warrant that the information accessible via this web site is accurate, complete or current. Price and availability information is subject to change without notice.

10 Notices
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing by email to care@Whispering Smith ltd or sent to our contact address and all notices from us to you will be displayed on our website from to time.

11 Events beyond our control
We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

12 Invalidity
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

13 Privacy
You acknowledge and agree to be bound by the terms of our privacy policy set out below.

14 Severability
If any provision of these terms and conditions is found by any competent authority or a court of law to be invalid or unenforceable for any reason, the remainder of these terms and conditions shall continue in full force and effect.

15 Third party rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

16 Governing law
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.

17 Entire agreement
These terms and conditions, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

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