Terms of service

Whistlefish Terms of Service Table of Contents


1. Online Store Terms

    • Age requirements
    • Prohibited uses
    • Transmission of prohibited content
    • Termination of service


2. General Conditions

    • Refusal of service
    • Data transmission and encryption
    • Restrictions on copying and reselling
    • Headings in agreement


3. Accuracy, Completeness and Timeliness of Information

    • Disclaimer of responsibility for inaccurate information
    • Information for general reference only
    • Right to modify content
    • Monitoring changes to site


4. Modifications to the Service and Price

    • Price changes
    • Right to modify or discontinue service
    • No liability for modifications or discontinuation


5. Products or Services

    • Availability and return policy
    • Colour accuracy
    • Limitations on sales
    • Product descriptions and pricing
    • Discontinuation of products
    • Quality of products and services


6. Accuracy of Billing and Account Information

    • Right to refuse orders
    • Limitations on quantities
    • Order changes and cancellations
    • Updating account information


7. Optional Tools

    • Access to third-party tools
    • Disclaimer of warranties and liability
    • Use of optional tools at your own risk


8. Third-party Links

    • Disclaimer of responsibility for third-party content
    • Review of third-party policies before engaging in transactions


9. User Comments, Feedback and Other Submissions

    • Right to use submitted content
    • No obligation to maintain confidentiality, pay compensation or respond
    • Monitoring and removal of content
    • Restrictions on content
    • Taking responsibility for comments


10. Personal Information

    • Privacy Policy governs submission of personal information


11. Errors, Inaccuracies and Emissions

    • Right to correct errors and inaccuracies
    • No obligation to update information


12. Prohibited uses

    • Additional prohibitions beyond Terms of Service
    • Reservation of right to terminate service


13. Disclaimer of Warranties; Limitation of Liability

    • No guarantee of uninterrupted, timely, secure, or error-free service
    • No guarantee of accurate or reliable results
    • Service may be removed or cancelled
    • Use of service at your own risk
    • Limitation of liability


14. Indemnification

    • Agreement to indemnify Whistlefish for claims or demands


15. Severability

    • Unenforceability of a provision does not affect other provisions


16. Termination

    • Survival of obligations and liabilities after termination
    • Termination by you or Whistlefish
    • Denial of access to service


17. Entire Agreement

    • No waiver of rights or provisions
    • Terms of Service constitute the entire agreement
    • Interpretation of ambiguities


18. Governing Law

    • Terms of Service governed by laws of the United Kingdom


19. Changes to Terms of Service

    • Right to update or change Terms of Service
    • Responsibility to check website for changes


20. Contact Information

    • How to contact Whistlefish


21. Gift Cards

    • Validity period and use


22. Current Promotional Offers

    • Multibuys
    • Art Offers
    • Newsletter Sign-up
    • Competitions


23. Rewards Club

    • Joining the Rewards Club
    • Referring a friend
 



This website is operated by Milkwood Publishing Ltd trading as Whistlefish. Throughout the site, the terms “we”, “us” and “our” refer to Whistlefish.

Our company number: 04134140

Our VAT number: GB684755877

Overview

Whistlefish offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with our online e-commerce platform that allows us to sell our products and services to you.

1. Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

2. General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

3. Accuracy, Completeness and Timeliness of Information

We are not responsible if the information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

4. Modifications to the Service and Price

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.

5. Products or Services

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.

We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

6. Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please review our Returns Policy.

7. Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control or input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

8. Third-party Links

Certain content, products and services available via our Service may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

9. User Comments, Feedback and Other Submissions

If at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

10. Personal Information

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

11. Errors, Inaccuracies and Emissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

12. Prohibited uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

13. Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Whistlefish, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

14. Indemnification

You agree to indemnify, defend and hold harmless Whistlefish and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

15. Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

16. Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

17. Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

18. Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Milkwood House, Jon Davey Drive, Redruth, Cornwall, TR16 4AX, United Kingdom.

19. Changes to Terms of Service.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

20. Contact Information

Questions about the Terms of Service should be sent to us at info@whistlefish.com or one of the options on our contact page.

21. Gift Cards

All gift cards purchased online and in-store can be used either online or in-store. These are valid for 12 months from the date of issue. 

22. Current  Promotional Offers

22.1 - Multibuys

Greetings Cards

10 for £10

Doesn't include luxury Christmas cards or luxury cards.

Wrapping Paper

3 for £5

Does not include Glitter or Foiled wrap

Notelet Tins

2 for £10

Doesn't include notelet boxes

Luxury Cards

3 for £5

Includes Luxury Christmas Cards (when for sale)


22.1 - Art Offers


Art Prints and Framed Art - Buy One Get One-Half Price

When you buy two qualifying items, you will receive a 50% Discount on the lowest-priced items.

Any of the artwork that falls into the below categories will not be included in the buy one get one half-price offer nor will it be eligible for any other discounts. Canvas are currently not included in this offer. 

Excluded Artwork by artists: James Bartholomew, Laura Rich, Jamie Medlin, Hettie Pitman, Valeria Mravyan, any artwork in the sale and original pieces


22.2 - Newsletter Sign-up


Receive 20% off your next online order of cards, wraps and gifts, when you sign up to our newsletter.

This offer can only be used ONCE per customer and is NOT exclusive to first-time buyers.

22.3 - Competitions

Naked Wines X Whistlefish Valentine's Competition

No purchase or payment of any kind is necessary to enter or win.  A purchase will not increase your chances of winning. Must be 18 or older to enter. This competition is intended for play in the United Kingdom only and will be governed by English law.  Do not enter if you are not eligible and/or are not located in the United Kingdom at the time of entry. Open to legal residents of the United Kingdom, 18 (eighteen) years of age or older, who enter from within the United Kingdom, except employees of the sponsor, their families, agents or any third party directly associated with administration of the competition. 


  1. Eligibility: The Valentine’s Day Competition (the “Competition”) is open to legal residents of the United Kingdom who are at least 18 years of age or older, all at the time of entry. Employees, contractors, directors, officers, and agents of Milkwood Publishing Ltd (“Sponsor”), www.nakedwines.com Limited (“Naked Wines”), and each of their parent company, affiliates, subsidiaries, distributors, sales representatives, advertising and promotion agencies, and all other service agencies involved with the Competition, and members of their immediate family (spouse, parent, child, sibling and their respective spouses, regardless of where they reside) and household of each such individual (whether or not related) are not eligible to enter or win. Employees, agents, and officers of alcohol beverage retailers and distributors and members of their immediate family are not eligible to enter or win.


Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Competition.  Winning a prize is contingent upon fulfilling all requirements set forth herein.


  1. Sponsor: Milkwood Publishing Ltd, Milkwood House, Jon Davey Drive, Treleigh Industrial Estate, Redruth, Cornwall, TR16 4AX.


  1. Competition Entry Period: The Competition begins on 2nd Feb 2024 at 2pm GMT and ends on 14th Feb at 12pm GMT (the “Competition Entry Period”). All entries must be received before the Competition Entry Period end time/date to be valid. 


  1. How to Enter: During the Competition Entry Period, visit https://whistlefish.com/valentinescompetition

 (the “Website”) and submit your email address and/or any other information requested by the Sponsor to receive one (1) entry into the Competition. Individuals who do not follow all of the instructions, provide the required information, submit the registration form, and/or abide by these Official Rules or other instructions of Sponsor may be disqualified.


Limit: One (1) entry per person/e-mail address during the entire Competition Entry Period. 


Automated entries are prohibited, and any use of automated devices will cause disqualification. Entrants may not enter with multiple e-mail addresses nor may entrants use any other device or artifice to enter multiple times or as multiple entrants. Any entrant who attempts to enter with multiple e-mail addresses, under multiple identities, or uses any device or artifice to register multiple times will be disqualified and forfeits any and all prizes won, in Sponsor’s sole discretion. Multiple entrants are not permitted to share the same e-mail address.  Should multiple users of the same e-mail account enter the Competition and a dispute thereafter arise regarding the identity of the entrant, the authorized account holder of said e-mail account at the time of entry will be considered the entrant.  “Authorized Account Holder” is defined as the natural person who is assigned an e-mail address by an Internet access provider, on-line service provider or other organization which is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address.  Potential winner may be required to show proof of being the Authorized Account Holder.


Participants are deemed to have accepted and agreed to be bound by these Official Rules upon entry. The Sponsor reserves the right to refuse entry, or refuse to award the prize to anyone in breach of these Official Rules.


  1. Drawing: On Valentine’s Day, Sponsor will randomly select 1 winner from among all eligible entries received during the Competition Entry Period. The random draw will be performed by a computer process. Odds of winning a prize depend on the number of eligible entries received. Sponsor’s decisions are final and binding in all aspects.


  1. Winner Notification: On or around 21st Feb 2024 the potential winner will be notified via email at the email address provided during entry into the Competition. Such winner will be required to respond to such email within 5 days for Sponsor to capture winner’s name and address. Potential winners are subject to verification. If a potential winner is found not to be eligible or not in compliance with these Official Rules, if attempted notification or any prize is returned as undeliverable, if any required documents are not returned within the required number of days, if a winner cannot be verified, or if a winner is otherwise unable or unwilling to accept and claim the prize as stated, then winner may be disqualified and the prize may be forfeited in Sponsor’s sole discretion. Prize winners may be required to sign and return an Affidavit of Eligibility/Liability and with (where lawful) a Publicity Release within fourteen (14) days of attempted winner notification as indicated by the date on the Affidavit.  Failure to return any required documents within fourteen (14) days may result in prize forfeiture, and an alternate winner may be selected in a random drawing. Sponsor is not responsible for any change of email address, mailing address and/or telephone number of entrants. Allow up to 4 weeks for delivery of prize following completion of verification process.  Prizes will only be delivered to addresses within the United Kingdom.


  1. Prize: The prize consists of 12 bottles of wine from Naked Wines. Approximate Retail Value (“ARV”): £144.00. ARV is as of date of printing of these Official Rules. The difference between any stated value and actual value will not be awarded to winner.  Limit: one (1) prize per person/household.


General prize terms (applicable to all prize pieces): Prizes are non-transferable and no cash equivalent or substitution of prize is offered, except at the sole discretion of the Sponsor.  If a prize, or any portion thereof, cannot be awarded for any reason, the Sponsor reserves the right to substitute prize with another prize of equal or greater value.  Prize winners will be solely responsible for all taxes, and for any other fees or costs associated with the prizes they receive, regardless of whether it, in whole or in part, is used.


The prize is supplied by Naked Wines, The Union Building, 51-59 Rose Lane, Norwich, England, NR1 1BY.


  1. Release: As a condition of entering, entrants agree (and agree to confirm in writing): (a) to release Sponsor, Naked Wines, and each of their affiliates, subsidiaries, retailers, and agents, and each of their officers, directors, employees and agents (collectively, “Competition Parties”), from any and all liability, loss, claim or damage, including, but not limited to, damage to or loss of property, incurred with respect to the awarding, receipt, possession, and/or use or misuse of any prize or any item redeemed therewith or any travel related thereto; (b) under no circumstances will any entrant be permitted to obtain awards for, and entrant hereby knowingly and expressly waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses and/or any rights to have damages multiplied or otherwise increased; (c) all causes of action arising out of or connected with the Competition, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred (if any), excluding attorneys’ fees and court costs.

 

  1. Publicity: Except where prohibited by law, winner grants (and agrees to confirm this grant in writing, if requested) permission for Sponsor, Naked Wines, and those acting under their authority to use their name, photograph, social media handle, and/or likeness, for advertising and/or publicity purposes in any and all media now known or hereinafter invented without territorial or time limitations and without compensation.


Sponsor must either publish or make available information that indicates that a valid award took place. To comply with this obligation the Sponsor will send the surname and county of major prize winners and, if applicable, copies of their winning entries, to anyone who emails info@whistlefish.com or writes to Milkwood House, Jon Davey Drive, Treleigh Industrial Estate, Redruth, Cornwall, TR16 4AX  (enclosing a self-addressed envelope) by 1st June 2024. If you object to any or all of your surname, county and winning entry being published or made available, please contact the Sponsor info@whistlefish.com . In such circumstances, the Sponsor must still provide the information and winning entry to the Advertising Standards Authority on request.


  1. General Conditions: Sponsor is not responsible for lost, late, misdirected, undelivered, incorrect, or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Competition or by any technical or human error which may occur in the processing of the entries. Sponsor reserves the right to cancel, suspend and/or modify the Competition, or any part of it, if any fraud, bugs, virus, technical failures, or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Competition, as determined by Sponsor in its sole discretion. In the event of cancellation, Sponsor will randomly award the prizes from among all eligible, non-suspect entries received prior to cancellation.  Sponsor is not responsible for computer system, phone line, hardware, software or program malfunctions, or other errors, failures or delays in computer transmissions, the website, or network connections that are human or technical in nature.  Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process, the website, or the operation of the Competition or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner.  Any attempt by any person to deliberately undermine the legitimate operation of the Competition may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law.  Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.


  1. Binding Arbitration: Any dispute, controversy or claim arising out of or relating to the Competition and/or these Official Rules shall be referred to and finally resolved by arbitration under the LCIA Rules, which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be London. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THE COMPETITION IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.

 

BY PARTICIPATING IN THE COMPETITION, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE COMPETITION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION AND (2) ENTRANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.

 

  1. Governing Law & Jurisdiction: The Competition and the Official Rules are governed by English law. All issues and questions concerning the construction, validity, interpretation and enforceability of the Competition Official Rules, or the rights and obligations of entrants and Sponsor in connection with the Competition, shall be governed by, and construed in accordance with, English law, and any matters or proceedings which are not subject to arbitration as set forth in Section 11 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the courts of England and Wales.

 

  1. Entrant’s Personal Information: Please see the privacy policy located at https://whistlefish.com/pages/privacy-policy (“Privacy Policy”) for details of Sponsor’s policy regarding the use of personal information collected in connection with the Competition. Personal data supplied during the Competition will be processed only as set out in the Privacy Policy. If you are selected as a winner, your information may also be included in a publicly available winner’s list.


  1. Winner’s List: For a list of winners, email us at info@whistlefish.com or write to us at Milkwood House, Jon Davey Drive, Treleigh Industrial Estate, Redruth, Cornwall, TR16 4AX (enclosing a self-addressed envelope) Requests must be received by 1st June 2024.


 

23. Rewards Club

Love Whistlefish? Then why not join our rewards club and convert points into vouchers to spend on the store - for more details visit https://whistlefish.com/pages/rewards

23.1 - Refer a Friend 

To refer a friend, please log into (or create) your account, and click on the rewards club button. At the bottom of the rewards club page is your personal referral link which you can share with as many friends as you like. 

Please send the link to your friend and when they click the link, it will display a ‘pop-up box’   where they enter their email and they will then be shown their £5 gift voucher code, which they can copy and enter at checkout.

Once your friend has placed an order using their voucher at checkout, you will also receive a £5 gift voucher via email.


24. Golden Gift Card 

One order will have a golden gift card worth £50 placed into the order. To be eligible for a chance to win the Golden Gift Card you must spend £25 or more. A winner will be selected at random and their gift card will be placed inside their order in our luxury card.