Terms and Conditions
www.whitbyandco.co.uk is a site operated by Whitby & Co (UK) Ltd ("we", "us") who are registered in England (Company No: 1351816) and our registered office is Aynam Mills, Canal Head North, Kendal, Cumbria, LA9 7BY. This is the trading address and any queries or enquiries should be emailed to email@example.com
These terms and conditions apply to all sales made to you via this website. By placing an order through our site, you warrant that;
you are legally capable of entering into binding contracts
you are aged 18 years or over and can provide proof of age upon request
you have accepted these terms and conditions
1) Representation of Products
We reserve the right to alter, without notice, the range of products, prices of products and Terms and Conditions of sale before you place an order. We reserve the right to withdraw any item from sale without notice.
2) Our Contract with you
Your order constitutes an offer to us to buy a product or products advertised by us. All orders are subject to acceptance by us.
If you are contracting as a consumer, our acceptance of your order will take place only when we despatch the product(s) that you have ordered from us.
If you are contracting as a retailer we will confirm such acceptance to you by sending you an order acknowledgement email that confirms that the product(s) are in stock and are being picked for despatch. The contract between you and us (the "Contract") is only formed when we send you the Order Acknowledgement.
The contract will relate only to those products we have confirmed in the Order Acknowledgement email. If we decide not to accept all or part of your order, we will not be obliged to supply any other products which may have been part of your order. If you are contracting as a consumer we will arrange a full refund for that element of your order.
3) Age Verification
It is an offence to sell age-restricted products to anyone under the age of 18 years. The information contained within each order will be used to verify both age and identity. Occasionally it may not be possible to verify a purchaser's age to complete the online purchase. in these instances further checks will be carried out, such as requiring the consumer to provide a valid and acceptable proof of age which can be appropriately checked.
In the event that we are unable to verify a consumer's age and identity the order will be cancelled and refunded.
4) Consumer Rights
If you are contracting as a consumer, you may, subject to the terms of our Returns Policy set out below, cancel a contract at any time within 14 working days, beginning on the day you receive the product(s). In this case you will receive a full refund of the price paid for the product(s) in accordance with our refunds policy.
To cancel a contract you must email us immediately. You must also return the products to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the product(s) whilst they are in your possession. If you fail to comply with this obligation we may have right of action against you for compensation.
5) Returns Policy
If you are contracting as a consumer, you may, within 14 working days of receipt of your order, return any item in its unused, original condition for a full refund. In this case, you will receive a full refund of the price paid for the product(s) in accordance with our refund policy set out below.
If you wish to return items, you must email us immediately. You must also return the product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. If you are returning a product to us, you are responsible for paying for the return of the goods and its safe delivery and have a legal obligation to take reasonable care of the product(s) whilst they are in your pocession. We therefore recommend using a tracked, insured shipping method. If you fail to comply with this obligation we may have right of action against you for compensation.
Products should be returned to the following address and must include written details of the reason for its return;
If you are returning the product because it is defective please return it to us, along with a covering letter to the address shown in Section 5. The covering letter should include the following;
your name and address
place and date of purchase
details of the defect. Please do not return any accessories, such as sheaths of pouches as these are not covered by warranty.
Alternatively, please complete one of the following;
When returning the product, please ensure that its securely packaged. We advise to send it via a secure method (i.e. Royal Mail Special Delivery or MyHermes (www.myhermes.co.uk) as we cannot be held responsible for products that do not reach us.
Upon receipt we will examine the returned product and we will either repair or replace under the warranty if a fault is found.
We regret that we are unable to send replacement Leatherman parts as all repairs need to be carried out by an authorised Leatherman technician.
7) Refund Policy
If you are contracting as a consumer and are returning items within the period mentioned and in accordance with the terms of our Returns policy, we will process the refund due to you as soon as possible and, in any case, within 14 days of receiving the returned items. In this case, we will refund the price of the product in full, including a refund of the original delivery charges charged to you. However, you will be responsible for returning the item(s) to usin its original condition and all postal costs or other costs incurred when returning the product(s).
8) Prices and Payments
All prices are charged in British Pounds (GBP) and are correct at the time of entering the information onto the website. We reserve the right to amend prices without notice from time to time.
If you are contracting as a consumer, the total cost of your order is the price of the products inclusive of postage and packing and VAT at the current rate.
Full payment must be made at the time your order is placed, by credit or debit card. We accept Visa, Visa Debit, Mastercard and Maestro. In the event of non-authorisation of payment by your card issuer you will receive an on-screen notification and your order will not be processed.
When processing on-line payments, we make every effort to maintain customer confidentiality by encrypting your credit card or debit card information, such as account numbers, to ensure that your payment transaction is processed securely.
By completing the process for an on-line order you are confirming that the credit / debit card being used for the transaction is yours.
All credit / debit cardholders are subject to vailidation checks and authorisation by the card issuer. If the issuer of your payment card refuses to, or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery.
If you are contracting as a retailer, the total cost of your order is for the product(s) ordered and does not include postage and packing. This will be calculated upon receipt of your order.
Payment shall be made within 30 days of the date of our invoice.
We shall be entitled to charge you interest at the rate of 3% per month on all overdue accounts from the date due to the date paid together with the amount of any and all costs incurred by us resulting from late payment including but not limited to fees of debt collectors, solicitors and court charges.
The majority of orders are delivered by UPS or Royal Mail within 2 - 3 working days of receipt of your order (subject to any events that are beyond our reasonable control). Orders to more remote areas of the UK, such as Highlands, Isle of man, Channel Islands and Northern Ireland etc, may take a day or two longer due to their geographical location.
Any dates of delivery provided by us are estimates only, do not form part of our contract with you and time and delivery shall not be of the essence of the contract.
At the time of entering the information onto the website, the following delivery charges will be applied to orders;
One item = £5.00
Two or more items with an order value of less than £200.00 = £7.50 (*Channel Islands £20.00, Eire £10.00)
Order value of £200.00 or more = Free of charge (*Channel Islands £15.00, Eire £10.00)
Unless otherwise requested "to follow" items will be forwarded as available.
We will not be liable for any failure to perform or delay in performance of any of our obligations under a contract with you that is caused by events outside our reasonable control. We will use our reasonable endeavours to notify you if such an event occures.
Events outside of our control include:-
Strikes, malicious injury, lock out or other industrial action
Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war
Fire, explosion, storm, flood, earthquake, subsidence or other natural disaster
Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport
Damage to Goods;
Claims for damage in transit or short delivery must be advised to Whitby & Co (UK) Ltd on the day of delivery.
Non Delivery of Goods;
Non delivery of goods must be advised to Whitby & Co (UK) Ltd within 7 days of the invoice date.
10) Intellectual Property
No permission is given by us in respect of the reproduction or use for commercial or detrimental purposes of the Leatherman brand name, product names, designs and other material shown or connected with our website for which we hold intellectual property rights.
No part of this website or the content on it can be reproduced, stored or transmitted in any form or by any means electronic, mechanical, photocopying, recording or otherwise without full attribution. To reproduce this material you will need to seek permission from the Copyright holder.
12) Governing Law
These terms and conditions shall be governed by and construed in accordance with English law and all parties shall submit to the exclusive jurisdiction of the English courts. If you have any queries or complaints please contact us at the following address;
Whitby & Co (UK) Ltd, Aynam Mills, Canal head North, Kendal, Cumbria, LA9 7BY
Alternatively, please email us at firstname.lastname@example.org
13) Limitation of Liability
We shall not be liable to pay any compensation to you. in particular, but without limitation, we shall not be liable to you for loss of profit, damage to goodwill, any indirect or consequential loss or damage arising out of any damage, defect, negligence or other failing on our part unless:
you have expressly made us aware in writing of the nature and extent of the loss or damage which you may suffer in such situation; and
we have expressly confirmed in writing that we accept liability for such matters
Our liability for losses you suffer as a result of us breaking this agreement or any other duty owed to you (if any) is strictly limited to the purchase price of the product.
Nothing in these terms shall limit any rights you may have as a customer which are not capable of being lawfully excluded or limited, nor shall it exclude or restrict our liability to you for any death or personal injury resulting in our negligence.
14) Security Policy
we take your on-line security very seriously
we are committed to ensuring that your information is secure
any information you provide us will be protected at all times
All credit card and debit card numbers are encrypted before an order is processed and are not stored on our database.
We will comply with the requirements of the UK Data Protection Act 1998 to ensure that your personal information is processed fairly and lawfully and we will take appropriate precautions to keep your personal data secure.
Whitby & Co (UK) Ltd are committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website then you can be assured that we will only use it in accordance with this privacy statement.
Whitby & Co (UK) Ltd may change this policy from time to time by updating this page. You should check this page occasionally to ensure that you are happy with any changes.
During your use of this website we may collect the following information;
contact information including email address
demographic information such as postcode, preferences and interests
other information relevant to customer surveys, offers or new products
We use this information to understand your needs and provide you with a better service, and in particular for the following reasons;
internal record keeping
we may use the information to improve our products and services
we may send promotional emails about new products, special offers or other information which we think you may find interesting using the email address you have provided. We will always provide an "opt out" option should you decide that you do not wish to receive these emails
we may, from time to time, contact you by email, telephone, fax or mail for market research purposes
A Cookie, also known as HTTP cookie, web cookie or browser cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operation to your needs, likes and dislikes by gathering and remembering information about your preferences.
A cookie does not give us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. However, this may prevent you from taking full advantage of the website.
Controlling your personal information;
You may choose to restrict the collection and use of your personal information in the following ways;
if you do not want us to use your personal information for direct marketing purposes, please let us know by writing to us or by emailing us at email@example.com
we will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting
you may request details of the personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you, please write to Whitby & Co (UK) Ltd, Aynam Mills, Canal Head North, kendal, Cumbria, LA9 7BY.
if you believe that any information we are holdiong on you is incorrect or incomplete, please write to us at the above address or email us at firstname.lastname@example.org. We will correct any information that is found to be incorrect.