Terms & Privacy

Privacy & Cookie Policy

BACKGROUND:

WHITE FEATHER SHERBORNE understands that your privacy is important to you and that you care about how your personal data is used. We respect and value the privacy of everyone who visits this website, www.whitefeathersherborne.co.uk/ (“Our Site”) and will only collect and use personal data in ways that are described here, and in a way that is consistent with our obligations and your rights under the law.

Please read this Privacy & Cookie Policy carefully and ensure that you understand it. Your acceptance of this Privacy & Cookie Policy is requested when you first enter Our Site.

1. Definitions and Interpretation

In this Policy the following terms shall have the following meanings:

“Account” means an account required to access and/or use certain areas and features of Our Site;

“Cookie” means a small text file placed on your computer or device by Our Site when you visit certain parts of Our Site and/or when you use certain features of Our Site. Details of the Cookies used by Our Site are set out in Part 14, below; and;

“Cookie Law” means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003;

2. Information About Us

Our Site is owned and operated by WHITE FEATHER SHERBORNE LIMITED, a private limited company registered in England & Wales under company number 07952123.

Registered address: 46b Cheap Street, Sherborne, Dorset, England, DT9 3AZ.

Main trading address: 46b Cheap Street, Sherborne, Dorset, England, DT9 3AZ.

3. What Does This Policy Cover?

This Privacy Policy applies only to your use of Our Site. Our Site may contain links to other websites. Please note that we have no control over how your data is collected, stored, or used by other websites and we advise you to check the privacy policies of any such websites before providing any data to them.

4. What Is Personal Data?

Personal data is defined by the General Data Protection Regulation (EU Regulation 2016/679) (the “GDPR”) and the Data Protection Act 2018 (collectively, “the Data Protection Legislation”) as ‘any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier’.

Personal data is, in simpler terms, any information about you that enables you to be identified. Personal data covers obvious information such as your name and contact details, but it also covers less obvious information such as identification numbers, electronic location data, and other online identifiers.

5. What Are My Rights?

Under the Data Protection Legislation, you have the following rights, which we will always work to uphold:

a) The right to be informed about our collection and use of your personal data. This Privacy Policy should tell you everything you need to know, but you can always contact us to find out more or to ask any questions.

b) The right to access the personal data we hold about you. Part 13 will tell you how to do this.

c) The right to have your personal data rectified if any of your personal data held by us is inaccurate or incomplete. Please contact us.

d) The right to be forgotten, i.e. the right to ask us to delete or otherwise dispose of any of your personal data that we hold. Please contact us.

e) The right to restrict (i.e. prevent) the processing of your personal data.

f) The right to object to us using your personal data for a particular purpose or purposes.

g) The right to withdraw consent. This means that, if we are relying on your consent as the legal basis for using your personal data, you are free to withdraw that consent at any time.

h) The right to data portability. This means that, if you have provided personal data to us directly, we are using it with your consent or for the performance of a contract, and that data is processed using automated means, you can ask us for a copy of that personal data to re-use with another service or business in many cases.

i) Rights relating to automated decision-making and profiling. We do not use your personal data in this way.

For more information about our use of your personal data or exercising your rights as outlined above, please contact us.

It is important that your personal data is kept accurate and up-to-date. If any of the personal data we hold about you changes, please keep us informed as long as we have that data.

Further information about your rights can also be obtained from the Information Commissioner’s Office or your local Citizens Advice Bureau.

If you have any cause for complaint about our use of your personal data, you have the right to lodge a complaint with the Information Commissioner’s Office. We would welcome the opportunity to resolve your concerns ourselves, however, so please contact us first.

6) What Data Do You Collect and How?

Depending upon your use of Our Site, we may collect and hold some or all of the personal and non-personal data set out in the table below, using the methods also set out in the table. Please also see Part 14 for more information about our use of Cookies and similar technologies.

We do not collect any ‘special category’ or ‘sensitive’ personal data AND/OR personal data relating to children AND/OR data relating to criminal convictions and/or offences.

We do not collect payment information from you as all payments are processed by our third party commercial payment processor, and you should consult their legal terms for further information on how they will handle your personal data.

7. How Do You Use My Personal Data?

Under the Data Protection Legislation, we must always have a lawful basis for using personal data. The following table describes how we may use your personal data, and our lawful bases for doing so:

With your permission and/or where permitted by law, we may also use your personal data for marketing purposes, which may include contacting you by email (or any other method we may decide from time-to-time) with information, news, and offers on our products. You will not be sent any unlawful marketing or spam. We will always work to fully protect your rights and comply with our obligations under the Data Protection Legislation and the Privacy and Electronic Communications (EC Directive) Regulations 2003, and you will always have the opportunity to opt-out. We will always obtain your express opt-in consent before sharing your personal data with third parties for marketing purposes and you will be able to opt-out at any time.

Third Parties whose content appears on Our Site may use third-party Cookies, as mentioned below in Part 14. Please refer to Part 14 for more information on controlling cookies. Please note that we do not control the activities of such third parties, nor the data that they collect and use themselves, and we advise you to check the privacy policies of any such third parties.

We may transfer your data to third parties such as Wix, Google and Mailchimp and others, who provide services to us from time-to-time that we require in order to provide our products and services to you.

We may allow Facebook Pixel to collect anonymised data that enables Facebook to tailor ads on your Facebook wall to reflect your buying preferences on our Site and others.

We may use a behavioural analytics service such as Hotjar to collect non-personalised data on users and their activities to allow us to optimise our Site to customer needs.

We will only use your personal data for the purpose(s) for which it was originally collected unless we reasonably believe that another purpose is compatible with that or those original purpose(s) and need to use your personal data for that purpose. If we do use your personal data in this way and you wish us to explain how the new purpose is compatible with the original, please contact us.

If we need to use your personal data for a purpose that is unrelated to, or incompatible with, the purpose(s) for which it was originally collected, we will inform you and explain the legal basis which allows us to do so.

In some circumstances, where permitted or required by law, we may process your personal data without your knowledge or consent. This will only be done within the bounds of the Data Protection Legislation and your legal rights.

8. How Long Will You Keep My Personal Data?

We will not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected, and for no more than six (6) years after your last transaction with us.

9. How and Where Do You Store or Transfer My Personal Data?

We may store or transfer some or all of your personal data outside the UK and in countries that are not part of the European Economic Area (the “EEA” consists of all EU member states, plus Norway, Iceland, and Liechtenstein). These are known as “third countries” and may not have data protection laws that are as strong as those in the UK and/or the EEA. This means that we will take additional steps in order to ensure that your personal data is treated just as safely and securely as it would be within the UK and under the Data Protection Legislation as follows.

We will only transfer your personal data to third countries whose levels of data protection are deemed ‘adequate’ by the European Commission.

Please contact us for further information about the particular data protection mechanisms used by us when transferring your personal data to a third country.

The security of your personal data is essential to us, and to protect your data, we take a number of important measures, including the following:

limiting access to your personal data to those employees, agents, contractors, and other third parties with a legitimate need to know and ensuring that they are subject to duties of confidentiality; and,
procedures for dealing with data breaches (the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, your personal data) including notifying you and/or the Information Commissioner’s Office where we are legally required to do so.

10. Do You Share My Personal Data?

We will not share any of your personal data with any third parties for any purposes, subject to the following exceptions.

We use third parties such as Wix Payments and other commercial payment processors, Wix, Google Analytics, Mailchimp, Facebook, HotJar and similar providers to provide services to us that are essential to the smooth running of our Site. Our use of these services may involve transferring your personal data and other non-identifying data to these providers, who will retain your data in a secure manner under terms similar to those agreed in this Policy.

If we sell, transfer, or merge parts of our business or assets, your personal data may be transferred to a third party. Any new owner of our business may continue to use your personal data in the same way(s) that we have used it, as specified in this Privacy & Cookie Policy.

In some limited circumstances, we may be legally required to share certain personal data, which might include yours, if we are involved in legal proceedings or complying with legal obligations, a court order, or the instructions of a government authority.

If any of your personal data is shared with a third party, as described above, we will take steps to ensure that your personal data is handled safely, securely, and in accordance with your rights, our obligations, and the third party’s obligations under the law, as described above in Part 9.

If any personal data is transferred outside of the EEA, we will take suitable steps in order to ensure that your personal data is treated just as safely and securely as it would be within the UK and under the Data Protection Legislation, as explained above in Part 9.

11. How Can I Control My Personal Data?

11.1 In addition to your rights under the Data Protection Legislation, set out in Part 5, when you submit personal data via Our Site, you may be given options to restrict our use of your personal data. In particular, we aim to give you strong controls on our use of your data for direct marketing purposes (including the ability to opt-out of receiving emails from us which you may do by unsubscribing using the links provided in our emails).

11.2 You may also wish to sign up to one or more of the preference services operating in the UK: The Telephone Preference Service (“the TPS”), the Corporate Telephone Preference Service (“the CTPS”), and the Mailing Preference Service (“the MPS”). These may help to prevent you receiving unsolicited marketing. Please note, however, that these services will not prevent you from receiving marketing communications that you have consented to receiving.

12. Can I Withhold Information?

You may access certain areas of Our Site without providing any personal data at all.

You may restrict our use of Cookies. For more information, see Part 14.

13. How Can I Access My Personal Data?

If you want to know what personal data we have about you, you can ask us for details of that personal data and for a copy of it (where any such personal data is held). This is known as a “subject access request”.

All subject access requests should be made in writing and sent to the email or postal addresses shown on our Site.

There is not normally any charge for a subject access request. If your request is ‘manifestly unfounded or excessive’ (for example, if you make repetitive requests) a fee may be charged to cover our administrative costs in responding.

We will respond to your subject access request within thirty (30) calendar days and, in any case, not more than one (1) month of receiving it. Normally, we aim to provide a complete response, including a copy of your personal data within that time. In some cases, however, particularly if your request is more complex, more time may be required up to a maximum of three months from the date we receive your request. You will be kept fully informed of our progress.

14. How Do You Use Cookies?

Our Site may place and access certain first-party Cookies on your computer or device. First-party Cookies are those placed directly by us and are used only by us. We use Cookies to facilitate and improve your experience of Our Site and to provide and improve our products. We have carefully chosen these Cookies and have taken steps to ensure that your privacy and personal data is protected and respected at all times.

By using Our Site, you may also receive certain third-party Cookies on your computer or device. Third-party Cookies are those placed by websites, services, and/or parties other than us. Third-party Cookies may be used on Our Site. These Cookies are not integral to the functioning of Our Site and your use and experience of Our Site will not be impaired by refusing consent to them.

All Cookies used by and on Our Site are used in accordance with current Cookie Law.

Before Cookies are placed on your computer or device, you may be shown a pop-up or prompt requesting your consent to set those Cookies. By giving your consent to the placing of Cookies you are enabling us to provide the best possible experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of Our Site may not function fully or as intended. You will be given the opportunity to allow only first-party Cookies and block third-party Cookies.

Certain features of Our Site depend on Cookies to function. Cookie Law deems these Cookies to be “strictly necessary”. Your consent will not be sought to place these Cookies, but it is still important that you are aware of them. You may still block these Cookies by changing your internet browser’s settings as detailed below, but please be aware that Our Site may not work properly if you do so. We have taken great care to ensure that your privacy is not at risk by allowing them.

In addition to the controls that we provide, you can choose to enable or disable Cookies in your internet browser. Most internet browsers also enable you to choose whether you wish to disable all Cookies or only third-party Cookies. By default, most internet browsers accept Cookies, but this can be changed. For further details, please consult the help menu in your internet browser or the documentation that came with your device.

You can choose to delete Cookies on your computer or device at any time, however you may lose any information that enables you to access Our Site more quickly and efficiently including, but not limited to, login and personalisation settings.

It is recommended that you keep your internet browser and operating system up-to-date and that you consult the help and guidance provided by the developer of your internet browser and manufacturer of your computer or device if you are unsure about adjusting your privacy settings.

15. Changes to this Privacy Policy

We may change this Privacy & Cookie Policy from time-to-time. This may be necessary, for example, if the law changes, or if we change our business in a way that affects personal data protection.

Any changes will be immediately posted on Our Site and you will be deemed to have accepted the terms of the Privacy & Cookie Policy on your first use of Our Site following the alterations. We recommend that you check this page regularly to keep up-to-date. This Privacy & Cookie Policy was last updated on 19th. February 2021.

Terms & Conditions

BACKGROUND:

These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Goods and Bespoke Goods are sold by Us to consumers through this website, www.whitefeathersherborne.co.uk/ (“Our Site”). Please read these Terms of Sale carefully and ensure that you understand them before ordering any Goods and/or Bespoke Goods from Our Site. You will be required to read and accept these Terms of Sale when ordering Goods and/or Bespoke Goods. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Goods and/or Bespoke Goods through Our Site. These Terms of Sale, as well as any and all Contracts are in the English language only.

1. Definitions and Interpretation

In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:

“Bespoke Goods” means goods customised to order, sold by Us through Our Site, which may be clothes of a specific design and/or altered to a specific size or some other form of customisation;

“Contract” means a contract for the purchase and sale of Goods, as explained in Clause 8;

“Goods” means goods (that are not customised to order) sold by Us through Our Site, being women’s clothing and accessories and other products that we may decide to sell from time-to-time, as we shall decide;

“Order” means your order for Goods and/or Bespoke Goods;

“Order Confirmation” means our acceptance and confirmation of your Order;

“Order Number” means the reference number for your Order; and,

“We/Us/Our” means WHITE FEATHER SHERBORNE LIMITED, a company registered in England & Wales under Company Registration Number 07952123, whose registered address and main trading address is 46b Cheap Street, Sherborne, Dorset, England, DT9 3AZ.

2. Information About Us

Our Site, www.whitefeathersherborne.co.uk/, is owned and operated by WHITE FEATHER SHERBORNE LIMITED, a limited company registered in England & Wales under Company Registration Number 07952123, whose registered address and main trading address is 46b Cheap Street, Sherborne, Dorset, England, DT9 3AZ.

3. Access to and Use of Our Site

3.1 Access to Our Site is free of charge.

3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.

3.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

3.4 Use of Our Site is subject to our Website User Policy & Disclaimer. Please ensure that you have read them carefully and that you understand them.

3.5 We may allow you to open an account on the Site for the purpose of remembering your ordering information. An interactive dashboard will save your essential personal data and purchase history with us, which will assist you in future visits to the Site. It is not required that you open an account on the Site before ordering from us or at any time.

4. Age Restrictions

4.1 Consumers may only purchase Goods and/or Bespoke Goods through Our Site if they are at least 18 years of age.

4.2 None of the Goods or Bespoke Goods on Our Site may be purchased by anyone under 18 years of age.

5. Business Customers

Business customers should contact Us to request terms prior to placing an order with Us. In the event a business customer does place an order with Us without first notifying us, then these Terms shall apply, with the exception of clauses 12 and 13 below, which shall not apply.

6. International Customers

Please note that We usually only deliver within the United Kingdom. We may, at Our discretion, agree to deliver to addresses outside the United Kingdom, but only with Our prior express agreement, which should be sought prior to placing an order with Us.

7. Goods, Pricing and Availability

7.1 We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods and Bespoke Goods available from Us correspond to the actual Goods and/or Bespoke Goods that you will receive. Please note, however, the following:

7.1.1 images of Goods and Bespoke Goods are for illustrative purposes only. There may be slight variations between the image of a product and the actual product sold due to differences in computer displays and lighting conditions and, in the case of Bespoke Goods, variations resulting from your specific requirements; and,

7.1.2 images and/or descriptions of packaging are for illustrative purposes only; the actual packaging may vary.

7.2 Please refer to Clause 11 below if you receive incorrect Goods and/or Bespoke Goods.

7. 3 Where appropriate, you may be required to select the required size, design, pattern, colour, or other features or parameters of the Goods and/or Bespoke Goods that you are purchasing.

7.4 If you order Bespoke Goods from Us, We will customise them to your specifications and requirements, as detailed in the descriptions accompanying such products on Our Site. When you place an Order for Bespoke Goods, We will provide details of the information required from you.

7.5 When placing an Order for Bespoke Goods, please ensure that all information that you provide to Us is correct, accurate, and complete. We cannot accept the return of any Bespoke Goods if that return is due to incorrect information provided by you. Please note that this does not affect your legal rights.

7.6 We cannot guarantee that Goods and/or Bespoke Goods will always be available. Stock indications are not provided on Our Site. We also reserve the right to require payment of a non-returnable deposit or the full amount before ordering Bespoke Goods on your behalf.

7.7 Minor changes may, from time-to-time, be made to certain Goods and/or Bespoke Goods between your Order being placed and Us processing that Order and dispatching the Goods and/or Bespoke Goods - for example, to reflect changes in relevant laws and regulatory requirements, or to address particular technical or security issues. Any such changes will not change any of the main characteristics of the Goods or Bespoke Goods and will not normally affect your use of those Goods and/or Bespoke Goods. However, if any change is made that would affect your use of the Goods and/or Bespoke Goods, suitable information will be provided to you.

7.8 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time-to-time and as necessary.

7.9 All prices are checked by Us before We accept your Order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake. If the correct price is lower than that shown when you made your Order, we will simply charge you the lower amount and continue processing your Order. If the correct price is higher, We will give you the option to purchase the Goods and/or Bespoke Goods at the correct price or to cancel your Order (or the affected part of it). We will not proceed with processing your Order in this case until you respond. If We do not receive a response from you within seven (7) days, We will treat your Order as cancelled and notify you of this in writing.

7.10 In the event that the price of Goods and/or Bespoke Goods you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.

7.11 All prices on Our Site include VAT. If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.

7.12 Delivery charges are not included in the price of Goods or Bespoke Goods displayed on Our Site. For more information on delivery charges, please refer to our Site. Delivery options and related charges will be presented to you as part of the order process.

8. Orders – How Contracts Are Formed

8.1 Our Site will guide you through the ordering process. Before submitting your Order you will be given the opportunity to review your Order and amend it. Please ensure that you have checked your Order carefully before submitting it. In particular, if you are ordering Bespoke Goods, please check the details you have provided carefully as We may not be able to accommodate changes once we have begun customising your Bespoke Goods.

8.2 If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your Order due to incorrect or incomplete information, We will contact you to ask to correct it. If you do not give us the accurate or complete information within a reasonable time of Our request, We will cancel your Order and treat the Contract as being at an end. If We incur any costs as a result of your incorrect or incomplete information, We may pass those costs on to you.

8.3 No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acknowledgement of receipt of your Order does not mean that we have accepted it. Our acceptance is indicated by Us sending you an Order Confirmation by email. Only once We have sent you an Order Confirmation will there be a legally binding Contract between Us and you.

8.4 Order Confirmations shall contain the following information:

8.4.1 your Order Number;

8.4.2 confirmation of the Goods and/or Bespoke Goods ordered including full details of the main characteristics of those Goods and/or Bespoke Goods;

8.4.3 fully itemised pricing for the Goods and/or Bespoke Goods ordered including, where appropriate, taxes, delivery and other additional charges; and,

8.4.4 estimated delivery date(s).

8.5 We may also include a paper copy of the Order Confirmation with your Goods and/or Bespoke Goods when they are delivered.

8.6 In the unlikely event that We do not accept or cannot fulfil your Order for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to you as soon as possible and in any event within thirty (30) days.

8.7 Any refunds due under this Clause 8 will be made using the same payment method that you used when ordering the Goods and/or Bespoke Goods.

9. Payment

Payment for Goods and/or Bespoke Goods and related delivery charges must always be made in advance and you will be prompted to pay during the order process. Your chosen payment method will be charged by our third party payment processor when your Order is confirmed. You may also be required to pay a transaction fee to our third party payment processor, for which you will be liable and responsible.

10. Delivery, Risk and Ownership

10.1 All Goods purchased through Our Site will normally be delivered within thirty (30) calendar days after the date of Our Order Confirmation unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of Our control, for which see Clause 14). Please note that Bespoke Goods may take longer and that We will normally provide further information during the Order process.

10.2 We may also offer a click and collect service from our main trading address. Please refer to our Site for more information.

10.3 All deliveries will be made by Royal Mail or our delivery services provider (except that if your delivery address is local to our main trading address, we may undertake delivery ourselves). Delivery dates provided are indicative only.

10.4 If We are unable to deliver the Goods and/or Bespoke Goods on the delivery date, the following will apply:

10.4.1 if no one is available at your delivery address to receive the Goods and/or Bespoke Goods and the Goods and/or Bespoke Goods cannot be posted through your letterbox or left in a safe place nominated by you, We will leave a delivery note explaining how to rearrange delivery or where to collect the Goods and/or Bespoke Goods;

10.4.2 if you do not collect the Goods and/or Bespoke Goods or rearrange delivery within fourteen (14) days, We will contact you to ask you how you wish to proceed. If we cannot contact you or arrange redelivery or collection, We will treat the Contract as cancelled and recover the Goods and/or Bespoke Goods. If this happens, in the case of Goods, you will be refunded the purchase price of those Goods themselves, but not the cost of delivery. In the case of Bespoke Goods, no refunds will be given. We may also bill you for any reasonable additional cost that we incur in recovering the Goods and/or Bespoke Goods.

10.5 In the unlikely event that We fail to deliver the Goods and/or Bespoke Goods within thirty (30) calendar days of Our Order Confirmation (or as otherwise agreed or specified as under sub-Clause 10.1), and you do not wish to cancel, you may specify a new (reasonable) delivery date. If We fail to meet the new deadline, you may then treat the Contract as being at an end.

10.6 You may cancel all or part of your Order under sub-Clause 10.5 provided that separating the Goods and/or Bespoke Goods in your Order would not significantly reduce their value. Any sums that you have already paid for cancelled Goods and/or Bespoke Goods and their delivery will be refunded to you within thirty (30) calendar days. Please note that if any cancelled Goods and/or Bespoke Goods are delivered to you, you must return them to Us or arrange with Us for their collection. In either case, We will bear the cost of returning the cancelled Goods and/or Bespoke Goods.

10.7 Risk in the Goods and/or Bespoke Goods will pass to you on despatch (or on collection, if you decide to make use of our click and collect service, if and when available).

10.8 Delivery shall be deemed complete once We have delivered the Goods and/or Bespoke Goods to the address you have provided (or on collection by you, if you use click and collect).

10.9 Ownership of the Goods and/or Bespoke Goods passes to you once we have received payment in full of all sums due (including any applicable delivery charges).

10.10 Any refunds due under this Clause 10 will be made using the same payment method that you used when ordering the Goods and/or Bespoke Goods.

11. Faulty, Damaged or Incorrect Goods

11.1 By law, We must provide goods that are of satisfactory quality, fit for purpose (though we do not warrant that the Goods and/or Bespoke Goods are suitable for any specific purpose), as described at the time of purchase, in accordance with any pre-contract information We have provided, and that match any samples or models that you have seen or examined (unless We have made you aware of any differences). If any digital content is included in the Goods and/or Bespoke Goods, that digital content must also conform. If any Goods and/or Bespoke Goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect (or incorrectly priced) Goods and/or Bespoke Goods, please contact Us as soon as reasonably possible to inform Us of the fault, damage or error, and to arrange for a refund, repair or replacement. Please note that if Bespoke Goods are incorrect as a result of your provision of incorrect information, rather than them not matching Our description, as explained in sub-Clause 7.5, you will not be able to return those Bespoke Goods. Otherwise, your available remedies will be as follows:

11.1.1 beginning on the day that you receive the Goods and/or Bespoke Goods (and ownership of them) you have a thirty (30) calendar day right to reject them and to receive a full refund if they do not conform as stated above;

11.1.2 if you do not wish to reject the Goods and/or Bespoke Goods, or if the thirty (30) calendar day rejection period has expired, you may request a replacement. We will bear any associated costs and will provide the replacement within a reasonable time and without significant inconvenience to you. In certain circumstances, where a replacement is impossible or otherwise disproportionate, We may instead offer you a full refund. If you request a replacement during the thirty (30) calendar day rejection period, that period will be suspended while We provide the replacement and will resume on the day that you receive the replacement Goods and/or Bespoke Goods. If less than seven (7) calendar days remain out of the original period, it will be extended to seven (7) calendar days;

11.1.3 If, after a replacement, the Goods and/or Bespoke Goods still do not conform (or if We cannot do so as previously described, or have failed to act within a reasonable time or without significant inconvenience to you), you may have the right either to keep them at a reduced price, or to reject them in exchange for a refund;

11.1.4 If you exercise the final right to reject the Goods and/or Bespoke Goods more than six (6) months after you have received them (and ownership of them), We may reduce any refund to reflect the use that you have had out of the Goods and/or Bespoke Goods;

11.1.5 Within a period of six (6) years after you have received the Goods and/or Bespoke Goods (and ownership of them), if the Goods and/or Bespoke Goods do not last a reasonable length of time, you may be entitled to a partial refund. Please be aware that after six (6) months have passed since you received the Goods and/or Bespoke Goods, the burden of proof will be on you to prove that the defect or non-conformity existed at the time of delivery.

11.2 Please note that you will not be eligible to claim under this clause 11 if We informed you of the fault(s), damage or other problems with the Goods and/or Bespoke Goods before you purchased them (and it is because of the same issue that you now wish to return them); if you have purchased the Goods and/or Bespoke Goods for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Goods and/or Bespoke Goods for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage. Please also note that you may not return Goods and/or Bespoke Goods to Us under this Clause 11 merely because you have changed your mind. Please refer to Clause 12 for more details.

11.3 To return Goods and/or Bespoke Goods to Us for any reason under this Clause 11, please contact Us to arrange for a collection and return. We will be fully responsible for the costs of returning Goods and/or Bespoke Goods under this Clause 11 and will reimburse you where appropriate.

11.4 Refunds (whether full or partial, including reductions in price) under this Clause 11 will be issued within fourteen (14) calendar days of the day on which We agree that you are entitled to the refund.

11.5 Any and all refunds issued under this Clause 11 will include all delivery costs paid by you when the Goods and/or Bespoke Goods were originally purchased.

11.6 Refunds under this Clause 11 will be made using the same payment method that you used when making your Order.

12. Cancelling and Returning Goods if You Change Your Mind

12.1 If you are a consumer, you may have a legal right to a “cooling-off” period within which you can cancel the Contract for any reason, subject to the exceptions stated below. This period begins once your Order is complete and We have sent you your Order Confirmation, i.e. when the Contract between you and Us is formed. You may also cancel for any reason before We send the Order Confirmation.

12.2 If you wish to exercise your right to cancel under this Clause 12, you must inform Us of your decision within the cooling-off period. You may do so in any way you wish. Cancellation by email or by post is effective from the date on which you send Us your message. Please note that the cooling-off period lasts for whole calendar days. If, for example, you send Us an email or letter by 23:59:59 on the final day of the cooling-off period, your cancellation will be valid and accepted. If you would prefer to contact Us directly to cancel, please use the contact details provided on the Site, in each case, providing Us with your name, address, email address, telephone number, and Order Number.

12.3 We may ask you why you have chosen to cancel and may use any answers you provide to improve Our products and services, however please note that you are under no obligation to provide any details if you do not wish to.

12.4 Please note that Bespoke Goods do not qualify for the fourteen (14) calendar day cooling off period. You may cancel after receiving Bespoke Goods if there is a problem with them, as set out in Clause 11, but you cannot cancel merely because you have changed your mind.

12.5 Please ensure that you return Goods to Us no more than fourteen (14) calendar days after the day on which you have informed Us that you wish to cancel under this Clause 12.

12.6 You may return Goods to Us in person during Our business hours at the trading address given above, or you may return them by post or another suitable delivery service of your choice, again to the trading address given above. Please note that you must bear the costs of returning Goods to Us if cancelling under this Clause 12. The cost of returning Goods to Us should not normally exceed the cost of having them originally delivered to you if you use the same carrier.

12.7 Refunds under this Clause 12 will be issued to you within fourteen (14) calendar days of the day on which We receive the Goods back in a satisfactory condition.

12.8 Refunds under this Clause 12 may be reduced for any diminished value in the Goods resulting from your excessive handling of them (e.g. no more than would be permitted in a shop). Please note that if We issue a refund before We have received the Goods and have had a chance to inspect them, We may subsequently charge you an appropriate sum if We find that the Goods have been handled excessively.

12.9 Refunds under this Clause 12 will be made using the same payment method that you used when ordering the Goods.

13. Our Liability to Consumers

13.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.

13.2 We only supply goods for domestic and private use by consumers. We make no warranty or representation that the Goods and/or Bespoke Goods are fit for commercial, business or industrial use of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.

13.3 Nothing in these Terms seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.

13.4 Nothing in these Terms seeks to exclude or limit your legal rights as a consumer.

14. Events Outside of Our Control (Force Majeure)

14.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.

14.2 If any event described under this Clause 14 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:

14.2.1 we will inform you as soon as is reasonably possible;

14.2.2 we will take all reasonable steps to minimise the delay;

14.2.3 to the extent that we cannot minimise the delay, Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;

14.2.4 we will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods and/or Bespoke Goods as necessary;

14.2.5 if the event outside of Our control continues for more than fourteen (14) calendar days, We may cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within thirty (30) calendar days of the date on which the Contract is cancelled;

14.2.6 If an event outside of Our control occurs and continues for more than thirty (30) calendar days and you wish to cancel the Contract as a result, you may do so in any way you wish, in which case please contact Us directly to cancel, providing Us with your name, address, email address, telephone number, and Order Number. Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event within thirty (30) calendar days of the date on which the Contract is cancelled.

15. How We Use Your Personal Information (Data Protection)

We will only use your personal information as set out in Our Privacy & Cookie Policy.

16. Other Important Terms

16.1 We may transfer (assign) Our obligations and rights under these Terms (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms will not be affected and Our obligations under these Terms will be transferred to the third party who will remain bound by them.

16.2 You may not transfer (assign) your other obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.

16.3 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms.

16.4 If any of the provisions of these Terms are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms. The remainder of these Terms shall be valid and enforceable.

16.5 No failure or delay by Us in exercising any of Our rights under these Terms means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms means that We will waive any subsequent breach of the same or any other provision.

16.6 We may revise these Terms from time-to-time in response to changes in relevant laws and other regulatory requirements. If We change these Terms as they relate to your Order, We will give you reasonable advance notice of the changes and provide details of how to cancel if you will be affected and are not happy with them.

17. Law and Jurisdiction

17.1 These Terms, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with English law.

17.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 17.1 above takes away or reduces your rights as a consumer to rely on those provisions.

17.3 If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales, or Scotland or Northern Ireland, as determined by your residency.

17.4 If you are a business, any disputes concerning these Terms, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales

User Policy & Disclaimer

BACKGROUND:

This Website User Policy & Disclaimer, together with any and all other documents referred to herein, sets out the terms of use under which you may use this website, www.whitefeathersherborne.co.uk/ (“Our Site”). Please read this Website User Policy & Disclaimer (‘these terms’) carefully and ensure that you understand them.

Your agreement to comply with and be bound by these terms is deemed to

occur upon your first use of Our Site. If you do not agree to comply with and be bound by these terms, you must stop using Our Site immediately.

1. Definitions and Interpretation

In these terms, unless the context otherwise requires, the following expressions have the following meanings:

“Content” means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site; and,

“We/Us/Our” means WHITE FEATHER SHERBORNE LIMITED, a company registered in England & Wales under Company Registration Number 07952123 of registered office address 46b Cheap Street, Sherborne, Dorset, England, DT9 3AZ, and any agents, staff and contractors, working on our behalf (‘Stitches Colchester’, ‘we’, ‘us’, ‘our’, and similar terms).

2. Information About Us

Our Site, www.whitefeathersherborne.co.uk/, is owned and operated by WHITE FEATHER SHERBORNE LIMITED, a company registered in England & Wales under Company Registration Number 07952123 of registered office address 46b Cheap Street, Sherborne, Dorset, England, DT9 3AZ, and any agents, staff and contractors, working on our behalf (‘Stitches Colchester’, ‘we’, ‘us’, ‘our’, and similar terms).

3. Access to Our Site

3.1. Access to Our Site is free of charge.

3.2. It is your responsibility to make any and all arrangements necessary in order to access Our Site.

3.3. Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

4. Intellectual Property Rights

4.1. All Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.

4.2. Subject to sub-clauses 4.3 and 4.6 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.

4.3. You may:

4.3.1. Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);

4.3.2. Download Our Site (or any part of it) for caching;

4.4. Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.

4.5. You may not use any Content saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers.

4.6. Nothing in these terms limits or excludes the provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.

5. Links to Our Site

5.1. You may link to Our Site provided that:

5.1.1. You do so in a fair and legal manner;

5.1.2. You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;

5.1.3. You do not use any logos or trade marks displayed on Our Site without Our express written permission; and,

5.1.4. You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.

5.2. You may link to any page of Our Site.

5.3. Framing or embedding of Our Site on other websites is not permitted without Our express written permission. Please contact Us via Our Site for further information.

5.4. You may not link to Our Site from any other site the main content of which contains material that:

5.4.1. is sexually explicit;

5.4.2. is obscene, deliberately offensive, hateful or otherwise inflammatory;

5.4.3. promotes violence;

5.4.4. promotes or assists in any form of unlawful activity;

5.4.5. discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;

5.4.6. is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

5.4.7. is calculated or is otherwise likely to deceive another person;

5.4.8. is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;

5.4.9. misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-clause 5.4);

5.4.10. implies any form of affiliation with Us where none exists;

5.4.11. infringes, or assists in the infringement of, the intellectual property

Rights (including, but not limited to, copyright, trademarks and database rights) of any other party; or

5.4.12. is made in breach of any legal duty owed to a third party including, but

Not limited to, contractual duties and duties of confidence.

5.5. The content restrictions in sub-clause 5.4 do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of sub-clause 5.4. You are not, for example, prohibited from posting links on general purpose social networking sites merely because another user may post such content. You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.

6. Links to Other Sites

Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

7. Disclaimers

7.1. Nothing on Our Site constitutes advice on which you should rely. It is provided for general information purposes only Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.

7.2. We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.

8. Our Liability

8.1. To the fullest extent permissible by law, We accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content included on Our Site.

8.2. To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site.

8.3. Our Site is intended for non-commercial use only. If you are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

8.4. We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware. We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.

8.5. We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

8.6. Nothing in these terms excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

9. Viruses, Malware and Security

9.1. We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.

9.2. You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.

9.3. You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.

9.4. You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.

9.5. You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.

9.6. By breaching the provisions of sub-clauses 9.3 to 9.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them.

Your right to use Our Site will cease immediately in the event of such a breach.

10. Acceptable Usage Policy

10.1. You may only use Our Site in a manner that is lawful. Specifically:

10.1.1. you must ensure that you comply fully with any and all local, national or international laws and/or regulations;

10.1.2. you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;

10.1.3. you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and

10.1.4. you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.

10.2. We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this clause 10 or any of the other provisions of these terms. Specifically, We may take one or more of the following actions:

10.2.1. suspend, whether temporarily or permanently, your right to access Our Site;

10.2.2. issue you with a written warning;

10.2.3. take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;

10.2.4. take further legal action against you as appropriate;

10.2.5. disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or

10.2.6. any other actions which We deem reasonably appropriate (and lawful).

10.3. We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these terms.

11. Privacy and Cookies

Use of Our Site is also governed by Our Privacy & Cookie Policy, which is incorporated into these terms by this reference.

12. Changes to this User Policy & Disclaimer

12.1. We may alter these terms at any time. Any such changes will become binding on you upon your first use of Our Site after the changes have been

implemented. You are therefore advised to check this page from time to time.

12.2. In the event of any conflict between the current version of these terms and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

13. Contacting Us

To contact Us, please email Us or use any of the methods provided on Our Contact Page.

14. Communications from Us

14.1. If We have your contact details, We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes and changes to these terms.

14.2. We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by Us include an unsubscribe link. If you opt out of receiving emails from Us at any time, it may take up to 10 business days for Us to comply with your request. During that time, you may continue to receive emails from Us.

14.3. For questions or complaints about communications from Us (including, but not

limited to marketing emails), please contact Us via Our Contact Page or e-mail us.

15. Data Protection

15.1. All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.

15.2. For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy & Cookie Policy.

16. Law and Jurisdiction

16.1. These terms, and the relationship between you and Us (whether

contractual or otherwise) shall be governed by and construed in accordance with English law.

16.2. If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in sub-clause 16.1 above takes away or reduces your rights as a consumer to rely on those provisions.

16.3. If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these terms, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.

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