Terms of service

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 the 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 unauthorised 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. It 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

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.

Certain products may not be available for international shipping due to logistical restrictions. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

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 per 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.

For International Orders, it is the customer's responsibility to provide accurate shipping information. Whistlefish is not responsible for orders that cannot be delivered due to incorrect or incomplete address details.

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. Cancellation Rights for Online Orders

7.1 Cancelling Your Order

If you are purchasing from us as a consumer online, you normally have the right to cancel your order without giving a reason under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

You may cancel your order at any time from when the order is placed until 14 days after the day you receive your goods.

To cancel, you must clearly tell us that you wish to cancel your order. You can contact us using the details on our Contact page.

If your order has not yet entered our fulfilment process, we will do our best to stop it before dispatch. We cannot guarantee that an order can be stopped once it has been picked or dispatched. If your order has already been dispatched, you can still exercise your cancellation rights by returning the goods to us where the right to cancel applies.

7.2 Returning Goods After Cancellation

Once you have told us that you wish to cancel, you must return the goods to us without undue delay and no later than 14 days after the day you informed us of your decision to cancel.

Unless the goods are faulty, damaged, incorrectly supplied, or we have agreed otherwise, you are responsible for the direct cost of returning the goods to us.

Please see our Refund Policy for details of where and how to return your order.

7.3 Refunds Following Cancellation

If you validly cancel your entire order, we will refund the price paid for the goods and any standard delivery charge you paid.

If you chose a delivery service that was more expensive than our least expensive standard delivery option, we are not required to refund the additional delivery cost above the cost of standard delivery.

We may withhold your refund until we have received the goods back or you have provided evidence that you have returned them, whichever occurs first.

Refunds will be made without undue delay and within the timescales required by law, using the same payment method used for the original transaction unless you expressly agree otherwise.

We may reduce the amount refunded where the value of the goods has been reduced as a result of handling beyond what would reasonably be permitted when examining goods in a shop.

7.4 Products Excluded from the Right to Cancel

The statutory right to cancel does not apply to certain products, including goods made to your specifications or clearly personalised for you.

This may include personalised greetings cards or other products that have been created specifically using information or wording supplied by you.

This exclusion does not affect your statutory rights if a personalised product is faulty, damaged or not as described.

7.5 Faulty or Incorrect Goods

Your cancellation rights are separate from your statutory rights where goods are faulty, damaged, incorrectly supplied or not as described.

Nothing in this section affects those statutory rights. Please see our Refund Policy for further information.

8. 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.

9. 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 the third-party's policies and practices carefully 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.

10. 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 violate 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 third parties or us 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.

11. Personal Information

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

12. Errors, Inaccuracies and Omissions

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.

13. 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.

14. Limitation of Liability

Nothing in these Terms excludes or limits any liability that cannot legally be excluded or limited, or affects your statutory rights as a consumer.

We are responsible to you for foreseeable loss or damage caused by our breach of these Terms or by our failure to use reasonable care and skill. Loss or damage is foreseeable if it is an obvious consequence of our breach or if both you and we knew it might occur when the contract was formed.

We do not exclude or limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability which cannot legally be excluded or limited.

We are not responsible for losses that were not reasonably foreseeable, or for loss or damage caused by circumstances outside our reasonable control.

Our website and online services may occasionally be unavailable due to maintenance, technical faults or circumstances beyond our reasonable control. We will take reasonable steps to restore access where appropriate but cannot guarantee that the website will always be available without interruption.

If you are using our website for personal, non-business purposes, we are not responsible for business losses, including loss of profit, revenue, business opportunity or business interruption.

Your statutory rights relating to products that are faulty, damaged, not as described or otherwise do not meet the requirements of applicable consumer law are not affected.

15. Your Responsibilities

You are responsible for using our website lawfully and in accordance with these Terms.

You must not use our website in a way that infringes the rights of another person, breaches applicable law, introduces malicious software or otherwise causes loss or damage to Whistlefish, our customers or third parties.

If your unlawful or intentional misuse of our website directly causes Whistlefish to suffer a loss or become subject to a valid third-party claim, you may be responsible for the reasonable losses and costs arising directly from that conduct, to the extent permitted by law.

Nothing in this section limits any rights or protections available to you under applicable consumer law.

16. 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.

17. 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).

18. 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.

19. Governing Law

These Terms of Service and any contract between you and Whistlefish are governed by the laws of England and Wales.

If you are a consumer living in Scotland or Northern Ireland, you will also benefit from any mandatory protections available to you under the laws applicable in the part of the United Kingdom in which you live.

Any dispute relating to these Terms or a purchase from Whistlefish may be brought before the courts of England and Wales. If you live in Scotland or Northern Ireland, you may also bring proceedings in the courts of the part of the United Kingdom in which you live.

20. 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.

21. 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.

22. 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.

23. Email Addresses and Marketing Consent

23.1 Digital Receipts and Shop Pay

When you make a purchase in one of our shops, we may ask for your email address so that we can provide you with a digital receipt.

If you already have a Shop Pay account and your payment details match, Shopify may recognise your account and display the email address associated with it so that your purchase can be linked to your account and a digital receipt can be provided.

Providing an email address for a digital receipt, or having your purchase recognised through Shop Pay, does not automatically subscribe you to Whistlefish marketing communications.

23.2 Marketing Communications

We may invite you to sign up to receive Whistlefish news, offers and marketing communications in our shops, online, at shows or events, or when entering a competition.

Where marketing consent is required, we will clearly explain how your email address will be used and ask you to make a positive choice to opt in.

Making a purchase, requesting a digital receipt, attending an event or entering a competition does not automatically constitute consent to receive marketing communications. We do not use pre-ticked boxes or assume consent where an active opt-in is required.

23.3 Managing Your Marketing Preferences

If you choose to receive marketing from Whistlefish, we may keep a record of when, where and how your consent was provided, including the source of your sign-up and the consent wording presented to you.

You can unsubscribe from our marketing emails at any time by using the unsubscribe link included in our emails. We may retain limited information where necessary to ensure that your request not to receive further marketing is respected.

Your personal information is handled in accordance with our Privacy Policy.

24. Current Promotional Offers

25. 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

Our Free shipping discount through the Rewards Club can be used on shipping tiers up to £5. If you wish to use this for shipping for artwork, then please contact our Customer Service team to apply this to your order.

26. International Shipping

International delivery is temporarily paused while we review recent customs, returns and delivery requirements. UK delivery is not affected. We hope to reopen international delivery once the updated process has been fully checked.

Whistlefish now offers international shipping to select destinations! You can enjoy a range of our beautiful products no matter where you are.