Wildwindmillgifts - Wildwindmillgifts Terms and Conditions

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Terms and Conditions

Wild Windmill Ltd

Terms and conditions for the use of this site (scroll down)
Please read these terms and conditions carefully, they contain important information about your rights and obligations. You can print out these terms and conditions by clicking on the print icon on your browser.

1. Introduction

1.1

This website (“our website”) is operated by Wild Windmill Limited (“Wild Windmill” or “We”), (Company Number: 5011556).

1.2

By accessing or using our website you acknowledge that you understand these terms and conditions and our privacy policy and you agree to be bound by them as they may be modified and posted on our website from time to time.

1.3

Without prejudice to the above, by clicking on the button “I Accept” at the end of these terms and conditions or before purchasing anything from our website and/or by using or accessing our website, you acknowledge that you understand and agree to be legally bound by these terms and conditions and our privacy policy as they apply to your use of or access to our website.

1.4

Please read these terms and conditions carefully before using our website. In particular, we draw your attention to Clauses 8 (Applicability of online materials) and 12 (Liability). By accessing or using our website you, acknowledge that you understand these terms and conditions and agree to be legally bound by them as they may be modified and posted on our website from time to time.

1.5

Without prejudice to the above, by clicking on the button marked ‘I Accept’ at the end of these terms and conditions and/or by using or accessing our website, you acknowledge that you understand and agree to be legally bound by these terms and conditions of use as they apply to your use of or access to our website.

1.6

If you do not wish to be bound by these terms and conditions then you may not use or otherwise access our website.

2. Nature of our website

2.1

Our website is a place for you to select and order from our stock of children’s clothes, toys and other goods (the “Products”). Our website describes the Products in more detail.

2.2

Please note that our website is available only to individuals who can form legally binding contracts under applicable law. You must be over 18 years to purchase the Products, using the payment methods displayed on our website.

3. Buying Products on our website

3.1

To order a Product you will need to follow the ordering procedures set out on our order page. Details of our prices for the Products, and the procedures for payment and delivery are displayed on our website.

3.2

Any times or dates stated on our website for delivery are estimates only. We will make all reasonable effort to deliver goods within the time specified, but do not accept liability for any failure to deliver within that time.

3.3

You must pay by credit or debit card at the time of order. The price of any Product is the price in force at the date and time of your order. We may change the price of any Product before you place an order. We try to ensure that our prices displayed on our website are accurate but the price on your order will need to be validated by us as part of the acceptance procedure (see Clause 3.4 below). We will inform you if a Product’s correct price is higher than that stated in your order and you may cancel the order and decide whether or not to order the product at the correct price. The cost of delivery is not included. Delivery costs are as specified from time to time on our website.

3.4

We are entitled to refuse any order placed by you. If your order is accepted, we will confirm acceptance to you by online electronic means (“Confirmation”) to the email address you have given us on registration or on ordering. The order will then be fulfilled by the date set out in the Confirmation or, if the Confirmation does not contain such a date, within 30 days.

3.5

If the Product you ordered is unavailable, we may provide to you a substitute of an equivalent quality and price (“Substitute Product”).

3.6

You undertake that all details you provide to us for the purpose of purchasing goods or services which may be offered by us on our website will be correct, that the credit or debit card which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any goods or services ordered by you. We reserve the right to obtain validation of your credit or debit card details before providing you with any goods or services.Please note that engraved or personalised items are non refundable and cannot be exchanged. Please check that your messages are spelt correctly. Items will be engraved exactly as per the text provided

3.7
Wildwindmillgifts sells products on behalf of Lanchester Wine Cellars. which may contain intoxicating liquor. All alcoholic gifts are distributed direct from Lanchester Wine Cellars.
For clarity a drink containing alcohol is classified as intoxicating if it contains more than 0.5% of alcohol by volume (0.5% abv). Vintages, labels and closures may vary. All wines are 75cl and all spirits and liquors 70cl unless otherwise stated.
Under the Licensing Act 2003 it is an offence to purchase or attempt to purchase alcoholic liquor if you are under the age of 18, or liqueur chocolates if you are under the age of 16.
Wildwindmillgifts and Lanchester Wine Cellars are both committed to upholding both their legal and social obligations as a retailer of intoxicating liquor. In accepting these Conditions you agree to provide Wildwindmillgifts and Lanchester Wine Cellars truthful and accurate information and act in accordance with the Licensing Act of 2003.

4. Returns

4.1

We must be made aware of all unwanted goods within 7 working days of purchase.To do so you must inform us in either writing or other durable medium ( email) within those 7 working days.Once informed, returns must be made within 14 days.

Faulty Goods

We will either refund in full, or replace the faulty item free of charge. Faulty goods will be collected post-free, please email the details to returns@wildwindmill.com and we will set in motion an action plan to resolve the problem as quickly as possible.

4.2

Return of unwanted goods

Unwanted goods must be returned within 14 working days of purchase, in their orginal packaging complete with all labels and instructions, at the purchasers expense. We cannot except unwanted goods if they do not comply with our returns policy. Once items have been returned to our warehouse and have been examined by our team, monies will be refunded. Delivery, return costs and gift warpping charges will not be refunded. We will refund monies at the earliest time after the unwanted item has been received. We recommend that you send the item/s by recorded delivery, as we cannot be held responsible for goods that don't arrive.

You will then be entitled to a refund from us, which will be paid as soon as possible, but in any event within 30 days.

4.3

While in your possession, you must keep any Products you intend to return to us in good condition.

4.4

Third Party Returns

Courier Returns

If our courier attempts to deliver your parcel and you are not in, they will leave a calling card. It is your responsibility to telephone the number on the card and arrange a re-delivery. If this does not happen within 24 hours, our courier will try again. If you do not repond with the next 24 hours, they will return the parcel to our warehouse, which will incur charges. These charges are then passed onto you as a re-stocking fee of £17.50. This charge is applied to your account before refunds are made.

Royal Mail Returns

If Royal Mail attempts to deliver your goods and you are not in, a calling card will be left. It is your responsibility to collect the goods from the designated sorting office specified on the card. Royal Mail will hold these goods usually for up to 5 working days, after which they will be returned to our warehouse within 30 days. A handling charge will be applied to your account of £2.50 before refunds are made.

If you have any complaints, you should direct them to us via email at info@wildwindmill.com or by post at
4 Highfield Road, Irthlingborough, Wellingborough, Northamptonshire, NN9 5UD

4.5

Exclusions

Earrings and Body Jewellery No refunds/exchanges are available on earrings or body jewellery for hygiene reasons.

Personalised Items There will also be no refunds for personalised items unless a mistake has been made by us. Please refer to The Consumer Protection (Distance Selling) Regulations 2000 Exceptions to the right to cancel
.
5. Modifications to website

5.1

We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of our website or the content or services available through it, including your access to it. Unless explicitly stated to the contrary, any new features, including new content and the sale of new Products, shall be subject to these terms and conditions.

5.2

Please note that, although we try to ensure that the content of our website is accurate, it may contain typographical errors or other inaccuracies.

6. Information you provide to us

6.1

By accepting these terms and conditions you agree to comply with, and you authorise us to use your Personal Information in accordance with, our privacy policy as it may be modified and published on our website from time to time. For the purposes of these terms and conditions “Personal Information” means any information about you from which you can be identified, including your name, address and other similar information.

6.2

If you would like to review or modify any part of your Personal Information then you should email us at info@wildwindmill.com.

6.3

You must ensure that the all Personal Information you provide to us is accurate and complete and that all ordering or registration details (where applicable) contain your correct name, address and other requested details.

6.4

In addition, the following 1.1 applies to all messages, emails, bulletin boards postings, ideas, suggestions, concepts or other material submitted by you to us (“Content”):

you must own or have the right to submit Content for publication on our website and all Content submitted by you must be legal, honest, decent and truthful and comply with all applicable laws, regulations, standards and/or codes of practice;
you must ensure that all Content submitted to us does not infringe the copyright, design, privacy, publicity, data protection, trade mark or any other rights of any third party, nor be obscene, abusive, threatening, libellous or defamatory of any person or be otherwise unlawful;
you must ensure that the Content does not advertise or otherwise solicit for funds or is a solicitation for goods or services; and
we have the right to monitor Content and may edit, reject or remove Content if we believe it does not comply with the above and, in particular, we reserve the right to block incoming emails and other Content if we believe that their content is or may be inappropriate or otherwise does not comply with the above.

6.5

You grant us a non-exclusive irrevocable, royalty free, worldwide licence to publish all Content that you submit to us except any portion of the Content that is Personal Information. You have sole responsibility for the Content that you submit to us and you shall indemnify and shall keep us fully and effectively indemnified on demand from and against all actions, claims, losses, liability, proceedings, damages, costs, expenses, loss of business, loss of profits, business interruption and other pecuniary or consequential loss (including legal costs and expenses) suffered or incurred by us and arising directly or indirectly out of the publication of Content submitted by you to us however arising and whether or not in the contemplation of the parties or reasonably or otherwise foreseeable or avoidable.

6.6

You represent, warrant and undertake that you will not use our website for any purpose that is illegal or prohibited by these terms and conditions, including without limitation the posting or transmitting of any libellous, defamatory, inflammatory or obscene material. If you breach these terms and conditions then your permission to use this website terminate immediately without the necessity of any notice being given to you. We retain the right to deny access to any person who fails to comply with these terms and conditions.

7. Security
You are solely responsible in all respects for all use of and for protecting the confidentiality of any username, email verification and password that may be given to you or selected by you for use on our website. You may not share these with or transfer them to any third parties. You must notify us immediately of any unauthorised use of them or any other breach of security regarding our website that comes to your attention.

8. Applicability of online materials
8.1

Unless otherwise specified all content and materials published on our website are presented solely for your private, personal and non-commercial use.

8.2

Our website is controlled and operated by us from our offices in England. Where content published on the website is supplied by third parties, you understand that we do not control or endorse such content in any way. All content which is offered by third parties that are not affiliated with or otherwise connected with us, is published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published on or offline) and the use of such content, except for content which relates directly to Products you purchase. You assume total responsibility and risk for your use of our website and use of all information contained within it.

8.3

We have used our best endeavours to ensure that our website complies with the laws of England and Wales. However, we make no representations that the materials on our website are appropriate or available for use in other jurisdictions. Those who visit our website from other jurisdictions do so on their own initiative and are responsible for compliance with all applicable laws. If use of our website and/or viewing of it, or use of any material or content on our website or services, or products offered through our website, are contrary to or infringe any applicable law in your jurisdiction(s), you are not authorised to view or use our website and you must exit immediately.

8.4

We make no representations and give no warranties, express or implied, that making the Products available in any particular jurisdiction outside England and Wales is permitted under any applicable laws or regulations. Accordingly, if making the Products or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, those Products are not offered for sale to you. You accept that if you are resident outside the England and Wales, you must satisfy yourself that you are lawfully able to purchase the Products. We accept no liability, to the extent permitted by applicable law, for any costs, losses, expenses claims or damages resulting from or related to the purchase or attempted purchase of the Products by persons in jurisdictions outside England and Wales or who are nominees of or trustees for citizens, residents or nationals of other countries.

9. Copyright and monitoring
The contents of our website are protected by international copyright laws and other intellectual property rights. The owner of these rights is Wild Windmill, its affiliates or third party licensors. All product and company names and logos mentioned in our website are the trade marks, service marks or trading names of their respective owners, including us. You may download material from our website for the sole purpose of placing an order with us or using our website as a shopping resource. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our website including but not limited to text, graphics, video, messages, code and/or software without our prior written consent, except where expressly invited to do so, for example in order to complete any test or questionnaire.

10. Linked Sites
We make no representations whatsoever about any other websites which you may access through our website or which may link to our website. When you access any other website you understand that it is independent from us and that we have no control over the content or availability of that website. In addition, a link to any other website does not mean that we endorse or accept any responsibility for the content, or the use of, such a website and we shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or web master.

11. Availability of our website
We will try to make our website available but cannot guarantee that our website will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other Internet connected device.

12. Liability
12.1

We promise that for any Product you purchase from our website:

we have the right to sell the Product to you;
the Product will correspond with the description we have given to you; and
the Product will be of satisfactory quality.
Subject to this, however, Products are not sold as being fit for any particular application or purpose or for use under specific conditions, unless expressly agreed in writing prior to purchase. We also promise that any service we provide to you will be provided with reasonable skill and care.

To the extent permitted by applicable law, we exclude all other express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to any products (including without limitation the Products), our website or any information or services provided through our website.

We will do our best to ensure that all materials and information published on our website are accurate, but please note that all content, materials and information on our website are provided on an ‘as is’ basis and you assume total responsibility and risk for your use of our website and use of all information contained within it.

12.2

Subject to the provisions of Clause 12.1 above, we accept no liability for any direct, indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect) in each case, however caused, and whether or not in the contemplation of the parties and reasonably or otherwise foreseeable or avoidable in circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of our website or its contents other than as a direct result of purchasing Products (which shall be subject to the exclusions and limitation of liability set out in these terms and conditions) without prejudice to the generality of what is said above in this Clause. We accept no liability for this loss or damage whether due to inaccuracy, error, omission or any other cause and whether on the part of us or our servants, agents or any other person or entity.

12.3

If we are liable to you for any reason, our liability will be limited to the amount paid by you for the Product concerned. These limits and the exclusions in clauses 12.1 and 12.2 do not apply to any liability we may have for death or personal injury resulting from our negligence or for our fraudulent misrepresentation. The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permitted by applicable law.

12.4

You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our website and is compatible with our website. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

13. General
13.1

We may assign, transfer, novate, charge, deal in or subcontract any or all of our rights and obligations under these terms and conditions at any time.

13.2

We may alter these terms and conditions from time to time and post the new version on our website, following which all use of our website will be governed by that version. You must check the terms and conditions on the website regularly.

13.3

These terms and conditions together with the privacy policy, any order form and payment method instructions, if any, are the whole agreement between you and us. You acknowledge that you have not entered into this agreement in reliance upon any statement, warranty or representation made by us or any other person and you irrevocably and unconditionally waive any rights to claim damages and/or to rescind these terms and conditions by reason of any misrepresentation (other than a fraudulent misrepresentation) that is not contained in the terms and conditions, privacy policy, order form and payment method instructions.

13.4

If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.

13.5

These terms and conditions and your use of our website are governed by English law and you submit to the non-exclusive jurisdiction of the English courts in respect of them.

13.6

Except in respect of a payment obligation, neither you nor us will be held liable for any failure to perform any obligation to the other due to causes beyond your or our respective reasonable control.

13.7

Failure or delay by either party enforcing an obligation or exercising a right under these terms and conditions does not constitute a waiver of that obligation or right.

13.8

These terms and conditions do not confer any rights on any person or party (other than you and/or us) pursuant to the Contracts (Rights of Third Parties) Act 1999.

13.9

We may set off any sum due to you from us under these terms and conditions from any sum due from us to you under these terms and conditions for any reason.

14. Notices
14.1

All notices shall be given:

to us via email at info@wildwindmill.com or by post at 4 Highfield Road, Irthlingborough, Wellingborough, Northamptonshire, NN9 5UD ; and/or
to you at either the email or postal address you provide during any ordering process.
Notice will be deemed received when an email is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.

15. Replacement
These terms and conditions replace all other terms and conditions previously applicable to the use of our website and/or sale of the Products.

Wild Windmill Limited Privacy Policy
Information we collect about you
Use of your Personal Information
Disclosure of your Personal Information
Cookies
Accessing and updating your Personal Information
Changes to our privacy policy
Contact
Date of issue
1) Information we collect about you
Wild Windmill Limited (“Wild Windmill”/”we”/”us”) is committed to protecting your privacy.

You have control over the information we store about you and what types of information (if any) you would like to receive from us.

We collect general statistical information about visitors to the Wild Windmill website (whether or not available from our current URL of www.wildwindmill.com) (the “Site”) for general reporting and to improve future content.

If you register for an account or purchase from our Site, we also collect personal information about you, such as your name, address, email address, telephone number(s), credit card details and details of which products and/or services you have purchased (“Personal Information”). If you communicate with us by letter, email, fax or telephone, we will keep a copy or a record of that communication.

We follow strict guidelines in the storage and disclosure of Personal Information and communications that you have given us, to prevent unauthorised access to it.

2) Use of your Personal Information by us
By giving us your Personal Information you enable us to provide you with access to all parts of our Site and to supply the goods and/or services you have requested. It will also enable us to bill you and to contact you where necessary concerning your orders. We will also use and analyse the Personal Information we collect so that we can administer, support, improve and develop our business.

In addition, where you have consented, we may use your information to contact you for your views on our products and services and to notify you occasionally about important changes or developments to the Site or our products or services. We might also use your information to let you know about other products and services we offer. We may contact you by post, telephone or fax, as well as by e-mail. If you change your mind about being contacted in the future, please let us know, by sending an email to info@wildwindmill.com.

3) Disclosure of your Personal Information
The information you provide to us will be held on our computers in the UK and may be accessed by or given to our staff, contractors or associates working outside the UK and third parties, some of whom are located outside the European Economic Area, who act for us. Those parties process information, fulfil and deliver orders, process credit card payments, host and maintain our Site and provide support services on our behalf.

Where you have consented when providing us with your Personal Information, We may also allow carefully selected third parties to contact you occasionally about products and services which may be of interest to you. They may contact you by post, telephone or fax, as well as by e-mail. If you change your mind about being contacted by these third parties in the future, please let us know by sending an email to info@wildwindmill.com.

Finally, if our business enters into a joint venture with or is sold to or merged with another business entity, your information may be disclosed to our new business partners or owners.

Countries outside the European Economic Area do not always have strong data protection laws. However, we will always take steps to ensure that your information is used by the third parties to whom we disclose it in accordance with this policy.

Unless required to do so by law, we will not otherwise share, sell or distribute any of the Personal Information you provide to us without your consent.

4) Cookies
Cookies are small amounts of information which we store on your computer. Our system, or the system of one of our technical contractors, may issue cookies to your computer when you log on to the Site. Cookies make it easier for you to log on to and use the Site during future visits. They also allow us to monitor Site traffic and to personalise the content of the Site for you. The use of Cookies is an industry standard and you will find them in use at most major sites. You may set up your computer to reject cookies by changing your browser settings although, in that case, you may not be able to use certain features on our Site.

5) Accessing and updating your Personal Information
You are entitled to see the information held about you and you may ask us to make any necessary changes to ensure that it is accurate and kept up to date. If you wish to do this, please contact us by emailing info@wildwindmill.com.

We are entitled by law to charge a fee, currently £10 to meet our costs in providing you with details of the information we hold about you.

6) Changes to our privacy policy
We reserve the right to change this privacy policy at any time by posting a revised policy on our Site. Any changes to our privacy policy will be posted to the Site and, where appropriate, notified through e-mail notification.

7) Contact
All comments, queries and requests relating to our use of your information are welcomed and should be addressed to info@wildwindmill.com.

8) Date of issue
This Privacy Policy shall be known as Issue 2, Version 1 and was posted on our Site on 2nd January 2008 and so will be in force with effect from that date until the date it is superseded by a subsequent Issue or Version.

Wild Windmill Limited

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