Terms & Conditions

Waterford Whispers News Shop (a Whispers Media Limited company)

Welcome to our website. These are the terms and conditions for the Waterford Whispers News Shop, a trading name of Whispers Media Limited, a company registered in Ireland with company number 541352. Please make sure you read these terms & conditions carefully, even if you have shopped with us before, as we may change them from to time to time. 

If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our Privacy Policy and Cookie Policy govern our relationship with you in relation to this website and any order you place. If you disagree with any part of these terms and conditions, please do not use our website or place an order with us.

Definitions

Custom	means a product that has been designed and requested by you and is not one of our standard products
Customer/You/ Your	means the person who is shopping, viewing or otherwise using the website and is the person placing the order
Intellectual Property Rights	refers to what we have created, including but not necessarily limited to: our products and designs the appearance of our products our brand our logo our artistic work (i.e. web design, brochure design, photography) our written work (i.e. the words on our website or in our brochure)
Waterford Whispers/ Us/We/ Our	means Waterford Whispers, a trading company of Whispers Media Limited
Products	means the items (including our T-Shirts) that we make and sell
Website	means https://waterfordwhispersnews.myshopify.com/

Use of our website – https://waterfordwhispersnews.myshopify.com/

• By placing an order with us online via the website (https://waterfordwhispersnews.myshopify.com/), you are agreeing to accept these terms and conditions, including the terms of our Privacy Policy and Cookie Policy.
• We reserve the right to amend or vary these terms & conditions at any time and without notice. Your continued use of the website and/or ordering products from the website shall be deemed to be acceptance of such change(s).

Placing an order

• All prices quoted on the website are in Euros.
• You shall select from the products advertised on the website by following the procedure set out on the website.
• An order is deemed concluded once received and payment has been accepted by Waterford Whispers News.
• Acknowledgment of acceptance of the order will be provided to you by an e-mail from Waterford Whispers News.
• In the event of any conflict or inconsistency between these terms and conditions, the email confirmation of your order or the applicable details on the product page, these terms and conditions shall prevail to the extent of the conflict or inconsistency.
• Payment for products will be made by credit or debit card using the online secure payment service from Stripe (“Stripe”).
• Whilst Waterford Whispers News will use its best endeavours, and has been advised by Stripe, that use of the system is secure, you accept that Waterford Whispers News does not accept responsibility or liability for any failure in the secure online payment system.

Delivery 

• You acknowledge that products are made to order, by our fulfilment partner Shopify.
• Waterford Whispers News shall use reasonable endeavours to deliver standard items within 5-10 working days, but please note exceptional changes to delivery times will be communicated on product and checkout pages before the order is placed.
• Delivery estimates for custom products can be longer. Such delivery estimates will be communicated to you upon acceptance of your order.
• In the event of any delay in delivery, Waterford Whispers News will contact you by email as soon as possible to notify you of this.
• If, due to circumstances beyond the reasonable control of Waterford Whispers News, a product cannot be made after an order has been placed and accepted, then we will inform you by email and give you the option to either select an alternative product to the equivalent value, or receive a full refund.
• We shall notify you by e-mail once your order has been despatched.
• You will accept part delivery of products in the event that you order more than one item. 
• Waterford Whispers News do not accept any liability for delay, despatch or delivery and cannot be held responsible for delivery at any set time on a particular day.
• Waterford Whispers News will replace any item declare lost. An item can not be declared ‘lost’ until 14 days after shipping to an Irish address, and 30 days to addresses outside Ireland. In the event of deliveries outside the Ireland, an item will not be declared lost if a courier to delivery company is holding an item in for customs clearance which requires action from the customer.
• All missing parcels must be reported within 60 days of dispatch to be eligible for free replacement.
• Any order that is lost in transit due to an incorrect address will not be eligible for free replacement.
• Damaged parcels must be reported within 28 days of receipt to be eligible for a full refund or replacement.
• Delivery will be made by An Post or other postal or courier service as chosen by Waterford Whispers News from time to time. 
• Products will be delivered to the address stated at the time of order. 
• Any delivery and shipping times quoted are in working days.

Delivery Charges

• Postage & packing costs may vary according to the size and weight of the products ordered. All delivery charges will be clearly displayed at the checkout stage, and may vary depending on your geographic location. 

Returns Policy & Cancellations

• Our no hassle returns policy is valid for 30 days from receipt of an item.
• If you wish to return products to us, you should notify Waterford Whispers News via our contact us page, stating the reason for returning items.  We will then advise you of the return address and procedure.
• You can return and item for exchange, refund or for a store credit. All we ask is that the item is in its original unworn and unwashed state with any tags still attached. Trying on an item does not affect the item (so long as you do not stain the item with makeup or deodorant)
• Once you have filed for your return and included details on what type of return it is, you will receive an email with the details in regards to returning the item.
• Items received back with us without a returns reference number may be refused.
• You’ll need to cover the cost of returning your items (unless the item is faulty or damaged) but we’ll send out exchanges at no further cost.
• Orders can only be cancelled up to 12 hours before shipping. Once an order has been shipped, it cannot be cancelled, though you may still return the item for a full refund.
• Refunds will only be made to the same card or account which was used in the original purchase.
• Waterford Whispers News is not responsible for the safe return of any product and will not refund a product that does not reach the appropriate delivery address when being returned by you. Waterford Whispers News therefore suggests that you return the product via tracked, recorded or special delivery or other secure method.

No Guarantees and Limitation of Liability

• Whilst Waterford Whispers News takes all steps to ensure that the content on its website is accurate and the quality of the products are to the satisfaction of its customers, we do not guarantee that any product will be ‘fit for any particular purpose’. It shall be your own responsibility to ensure that any product, or information available through the website meets your specific requirements.
• You acknowledge that the descriptions of the products on the website may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
• You acknowledge that all our products are made to order and as such there will be variations and possible minor imperfections in the products that arise as a result of the bespoke finish.
• Other than return of products under the returns policy set out in these terms and conditions, Waterford Whispers News shall not be liable for any delays, damage during transit, any direct damages, or indirect damages, incidental, consequential, special, exemplary and punitive damages, whether such claim is based on warranty, contract, tort or otherwise (even if we have been advised of the possibility of such damages), loss, costs or any other expenses as a result of any order you place or any loss arising from damage to property.
• Nothing in these terms and conditions shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.
• An order accepted by Waterford Whispers News is taken as your agreement to these terms and conditions.

Data Protection and Privacy

• Waterford Whispers News is registered under the Data Protection Act and will at all times adhere to the requirements of that Act including maintaining your personal details in confidence and undertaking not to use such personal details for any use other than the business of fulfilling you orders, unless such use is specifically authorised by you.
• Waterford Whispers News will not provide any personal data to any third party outside the company for marketing purposes, without your prior consent.
• Waterford Whispers News will always obtain your permission for any use of personal data at any time and you will always be entitled to opt out of that consent at any time.
• Any personal data and other information provided by you is processed by us in accordance with our Privacy Policy. By providing any such personal data or other such information you agree to the terms of our Privacy Policy.
• Waterford Whispers News will not disclose any of your information to any third party other than to process the orders and deliver products to you, such as Stripe and Shopify. Waterford Whispers News does not retain details of customers’ credit cards.

Intellectual Property Rights

• You acknowledge that all intellectual property rights in the website and any associated promotional material belongs to Waterford Whispers News.
• You are not entitled to incorporate any part of the website or associated promotional materials in any other work or publication without the prior written consent of Waterford Whispers News.
• We own, or are the licensee to, all right, title and interest in and to all intellectual property in the website, associated promotional material and the products, including all rights under patent, copyright, trade secret, design (registered and unregistered) rights, or trademark law, and any and all other proprietary rights, including all applications, renewals, extensions and restorations thereof.
• All trademarks reproduced in this website, which are not the property of, or licensed to us, are acknowledged on the website.
• Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

Promotional code terms and conditions

• By using a promotional code you will be deemed to have read and understood these terms and conditions and agree to be bound by them.
• These terms and conditions shall apply to promotional codes. If and to the extent there is a conflict or inconsistency between these terms and conditions and any promotional code terms and conditions, the promotional code terms and conditions shall prevail to the extent of the conflict or inconsistency. The defined terms used in these terms and conditions shall also apply to promotional code terms and conditions.
• Promotional codes can only be used on https://waterfordwhispersnews.myshopify.com/ and towards the purchase of items featured on the website at that time.
• The discount associated with a promotional code is applied to your entire basket, excluding any delivery charges, save where the promotional code relates to free delivery. Promotional codes should be entered on the payment page during checkout for the discount to apply.
• Each promotional code will have a limited time period in which to be used. The code will be invalid once it has expired. Specific terms and conditions for each promotional code setting out any such limits can be found in the communication you received with the code itself.
• We reserve the right to suspend, change or cancel any promotional code, at any time, in the event of circumstances arising which make it necessary to do so. 
• Promotional codes have no cash value, cannot be transferred and cannot be forwarded or reassigned.
• Any refund you may be entitled to receive will not include the redemption value of the promotional code. You will receive no more than the amount you paid towards the final basket price.

Feedback, enquiries and complaints

• Any feedback, customer enquiries or potential complaints should be directed by email to info@WaterfordWhispersNews.com  Waterford Whispers News will endeavour to respond to customers queries or complaints within 7 working days. 

General

• The content of the pages of this website is for your general information and use only. It is subject to change without notice.
• We reserve the right to withdraw or amend any products we provide through Waterford Whispers News without notice. We will not be liable if for any reason any of the products are unavailable at any time or for any period
• This website uses cookies to monitor browsing preferences. If you allow cookies to be used, personal information may be stored by us in accordance with our Cookie Policy.
• From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse or make any representations with respect to such website(s). If you decide to access other websites via the links on Waterford Whispers News, you are leaving our website and you do so entirely at your own risk.
• If any of these terms and conditions is deemed invalid, void or unenforceable for any reason, it will be deemed severable and will not affect the validity and enforceability of the remaining terms and conditions.
• We may refuse to process a transaction for any reason at our sole discretion. We will not be liable to you or any third party by reason of so refusing or by reason of unwinding or suspending any transaction after processing has begun.
• If you order products from the website for delivery outside Ireland, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. 
• You may link to our website, provided you do so in a way that is fair and legal and does not cause damage to our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. We expressly reserve the right to revoke the right granted in this clause in the event of breach of these terms and conditions and to take any action we deem appropriate.
• We encourage you to leave comments and feedback against the products you purchase. However, any such uploaded material must not: (i) be defamatory of any person; (ii) contain material which is obscene, discriminatory, offensive, hateful, threatening or inflammatory; (iii) infringe any copyright, database right or trade mark of any other person; (iv) be likely to deceive any person; (v) promote any illegal activity; (vi) be likely to harass, upset, embarrass, alarm or annoy any other person; or (vii) be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
• Further, any material you upload to the website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to others for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by such user constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any material you post. We have the right to remove any material or posting you make on the website.
• You must not misuse the website by introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to the website. You must not attack our website via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.
• If we fail at any time to insist upon strict performance of any of your obligations under these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under them, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
• If any of these terms and conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
• These terms and conditions and any documents expressly referred to in them constitute the entire agreement between us and supersedes and extinguishes all previous agreements, arrangements and understandings between us, whether written or oral, relating to its subject matter. Each of us agrees that neither we nor you shall have any remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or any documents expressly referred to in them. Neither of us shall have any claim for innocent or negligent misrepresentation based upon any statement in these terms and conditions and any documents expressly referred to in them.
• Where we are prevented from or delayed in carrying out obligations under these terms and conditions due to circumstances beyond our reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, inclement weather, epidemic, lock-outs, strikes or other labour disputes, or restraints or delays affecting carriers or an inability or delay in obtaining supplies of adequate or suitable materials then either our performance of its obligations shall be postponed for the period of time that the circumstances continue.
• No provision of these terms and conditions shall be enforceable by any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise. 
• These terms and conditions and any purchase of products through our website shall be governed by Irish law. Any dispute arising from, or related to, such contracts shall be subject to the exclusive jurisdiction of the courts of Ireland.