Terms & Conditions
TERMS OF SERVICE
OVERVIEW
WHALE OF A TIME CLOTHING ® is a registered trade marks of Ellie Wales, whose registered business address is Whale Of A Time Clothing, Abbey Farm, River Road, West Acre PE32 1UA. The registered VAT number is 283734577.
You can contact Whale Of A Time Clothing by email on sales@whaleofatimeclothing.com.
This website is operated by Whale Of A Time Clothing. Throughout the site, the terms “we”, “us” and “our” refer to Whale Of A Time Clothing. Whale Of A Time Clothing 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.
KLARNA
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment options. Payment is to be made to Klarna:
-
Pay in 30 days, Pay in 3 instalments
Further information and Klarna’s user terms you can find here. General information on Klarna you can find here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarnas privacy statement.
ONLINE STORE TERMS
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
A breach or violation of any of the Terms will result in an immediate termination of your Services.
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 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.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
MODIFICATIONS TO THE SERVICE AND PRICES
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 to any third-party for any modification, price change, suspension or discontinuance of the Service.
DISCOUNT CODES T&C's
-
Cannot be applied to previously made orders.
-
Only one discount code can be applied at any one time and they cannot be used in conjunction with any other offer.
-
To apply a promo code, you must enter it prior to completing the order.
-
The following exclusions apply: Limited edition products and products under £20.
- All offers are subject to availability and we reserve the right to end any promotion at any time.
PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time.
Limited edition styles are excluded from all discounts.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
DELIVERY, RETURNS AND EXCHANGES
For full delivery, returns and exchange terms please see our Delivery and Returns Page
COMPETITIONS
Competitions are open to residents of the United Kingdom aged 18 years or over except employees of Whale Of A Time Clothing and their close relatives and anyone otherwise connected with the organisation or judging of the competition. We never charge an entry fee to enter any of our online competitions. By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions. Only one entry will be accepted per person. Multiple entries from the same person will be disqualified. The closing date for entries will always be shown on the post of the competition. After this date no further entries to the competition will be permitted. No responsibility can be accepted for entries not received for whatever reason. Competition prizes cannot be refunded or exchanged for a cash alternative.
WIN A VALENTINES GIVEAWAY WORTH OVER £600
By entering the Free Prize Draw, you agree to be bound by these terms and conditions (these "Terms and Conditions"). Promotional materials relating to the Free Prize Draw, including all information on how to enter the Free Prize Draw, also form part of these Terms and Conditions. In the event of any conflict between any terms referred to in such promotion materials and these Terms and Conditions, these Terms and Conditions take precedence.
1. The promoter of this Free Prize Draw is Whale Of A Time Clothing, Abbey Farm, River Road, West Acre, Kings Lynn, Norfolk, PE32 1UA, Glamping Hideaways, Unit 9 Foundry Place, Burnham Market, Norfolk, PE31 8LG, company registration number 7593730, and Watatunga Wildlife Reserve, Watlington Road, King’s Lynn, Norfolk, PE33 0RG.
2. Entrants must be at least 21 years old to stay in the accommodation. Employees and agents of Whale Of A Time, Glamping Hideaways and Watatunga Wildlife Reserve or any of its subsidiary or affiliated companies and their immediate families and members of their households, and anyone otherwise connected with operation or fulfilment of the Free Prize Draw are not eligible to take part. Whale Of A Time Clothing reserves the right to require entrants to prove that they are eligible to enter the Free Prize Draw. If the winner is found to be ineligible, Whale Of A Time Clothing reserves the right to award the prize to another entrant and to require the return of any prize already awarded.
3. The Free Prize Draw commences at 5pm 31st January 2023 and all entries must be received by 11:59 14th February 2022.
4. Entry to the Free Prize Draw is free; no purchase is necessary. To enter the Free Prize Draw, participants must enter via Instagram and follow @whaleofatimeclothing, @watatunga_wildlife and @glampinghideaway, like the post, and tag two friends. Entries submitted by any other means will not be accepted: only those submitted via the official method of entry.
5. Use of script, macro or any automated system to enter the Free Prize Draw is prohibited and entries made (or which appear to have been made) using any such system may be treated as void. Any illegible, incomplete or fraudulent entries will be rejected. Participants may make a maximum of one entry into the Free Prize Draw. Any entries in addition to this may be disqualified.
6. The prizes to be won will be for one winner. The prizes consist of £250 worth of clothes from Whale Of A Time Clothing, a two-night stay for two people at Saltmarsh Hut in Norfolk with Glamping Hideaways and a peak 4-seater buggy tour with Watatunga Wildlife. The Watatunga Wildlife 4-seater buggy tour must be taken between 28th March 2023 and July 15th 2023. The two-night stay with Glamping Hideaways must be taken from 25th February 2023 until 27th April 2023 subject to availability. The Glamping Hideaways break is subject to the usual booking terms and conditions of Glamping Hideaways and any terms and conditions (including conditions relating to damage) that may be applicable and which are enforced by the property owner of Saltmarsh Hut, which shall be provided to the winner. For the avoidance of doubt, the winner will be responsible for any damage caused to Saltmarsh Hut. The winner is responsible for paying all associated costs that are not specifically stated in these Terms and Conditions, including (where applicable) transport to and from the accommodation, meal costs, spending money, insurance and all other incidentals. The wood-fired hot tub is not included in the prize but can be paid for separately prior to arriving at the site; The winner and their companion are responsible for obtaining valid passports and visas and complying with government travel guidelines. The winner is also personally responsible for any personal or incidental expenses and any VAT, national and/or local tax liabilities incurred in claiming or using the prize. If the winner's companion is a minor, the minor must be accompanied by his or her parent or legal guardian (at their own expense) if they are not the winner. The prize is as stated and is non-exchangeable and non-transferable. There is no cash or other alternative to the prize in whole or in part. By participating in the Free Prize Draw, participants agree that the prize is awarded on an "as is" basis, and that neither Glamping Hideaways nor any of its subsidiary or affiliated companies, make any representations or warranties of any nature with respect to the prize.
7. The winner of the Free Prize Draw will be the first name chosen at random from all complete, eligible, properly submitted entries received before the end of the applicable closing date of 11:59 14th February 2022.
8. The winner will be notified no later than 21st February 2023 by direct message on Instagram. The winner may be required to submit valid identification before receiving the Prize. The winner will be provided with instructions on how the Prize can be booked. If the winner has not claimed their prize by the date specified in the notification of winning, Whale Of A Time Clothing reserves the right to conduct a further random draw to award the prize to another participant.
9. In the event that, for reasons beyond Whale Of A Time’s reasonable control and not related to the winner, Whale Of A Time Clothing is unable to award the prize as described in these Terms and Conditions, Whale Of A Time reserves the right to award a prize of a similar nature and an equivalent value. In the event of a printing or other error resulting in there being more winners than prizes for the Free Prize Draw, Whale Of A Time Clothing reserves the right at any time to allocate the available prize through a further draw or to divide the prize or the value of the prize between the winners of the Free Prize Draw.
10. By entering the Free Prize Draw, participants agree to have their name and photograph featured in publicity materials as necessary to identify winners and comply with regulations regarding Free Prize Draws. This includes making their name as the winner available on Instagram between 14th February 2023 and 21st February 2023. Details of the winner will also be made available to participants and the public on request by sending an email to customerservices@whaleofatimeclothing no later than 28th February 2023. Winners may be required to provide tax information to the Sponsor.
11. Although the Free Prize Draw may be featured on Instagram, the Free Prize Draw is in no way sponsored, endorsed, administered by, or associated with Instagram and you agree that Instagram is not liable in any way. You are providing information to Whale Of A Time Clothing and not to Instagram. The information you provide will only be used for the purposes referred to in clause 13 below.
12. Whale Of A Time Clothing will collect and process participants' personal information and it will be shared with Whale Of A Time’s agents and affiliates (including those outside the European Economic Area) to the extent necessary in order to conduct the Free Prize Draw including for the prize to be delivered to the winner. If participants do not provide any of the mandatory information requested when entering and taking part in the Free Prize Draw, they may not take part in the Free Prize Draw. Participants' names and other personal details from their entry to the Free Prize Draw will be collected and stored by Whale Of A Time Clothing and its affiliates.
13. Whale Of A Time reserves the right to modify, cancel, terminate or suspend the Free Prize Draw in whole or in part, at its sole discretion, if it believes the Free Prize Draw is not capable of being conducted as specified within these Terms and Conditions or in the event of a virus, a computer bug or unauthorized human intervention or any other cause that is beyond the reasonable control of Whale Of A Time Clothing that could corrupt or affect the administration, security, impartiality or normal course of the Free Prize Draw. Neither Whale Of A Time Clothing nor any of its subsidiary or affiliated companies are responsible for any condition, circumstances, losses, failures or delays caused by events beyond its or their control such as (but not limited to) the acts or defaults of any supplier selected by Whale Of A Time Clothing to provide the prize or otherwise that may cause the Free Prize Draw to be disrupted or corrupted, or that may lead to loss or damage of the prize in transit to the winner.
14. Save where it has been negligent, Whale Of A Time Clothing will not be responsible for any damage, loss or injury resulting from participants' entry into the Free Prize Draw or their acceptance and/or use of the prize, or for technical, hardware or software failures, lost, faulty or unavailable network connections or difficulties of any kind that may limit or prohibit their ability to participate in the Free Prize Draw. Nothing in these Terms and Conditions shall in any way limit Whale Of A Time’s liability for death or personal injury caused by its negligence or for any other matter where liability may not as a matter of law be limited.
15. Any participant who enters or attempts to enter the Free Prize Draw in a manner, which in Whale Of A Time’s reasonable determination is contrary to these Terms and Conditions or by its nature is unjust to other entrants (including without limitation tampering with the operation of the Free Prize Draw, cheating, hacking, deception or any other unfair playing practices such as intending to annoy, abuse, threaten or harass any other entrants or Whale Of A Time’s and/or any of its agents or representatives) may be rejected from the Free Prize Draw at Whale Of A Time’s sole discretion. Furthermore, where such actions have significantly impaired the Free Prize Draw, Whale Of A Time Clothing may, at its sole discretion, add further stages to the Free Prize Draw as it deems reasonably necessary in order to resolve any problems arising as a result of such actions.
16. All Whale Of A Time’s decisions in relation to the Free Prize Draw are final and Whale Of A Time Clothing will not enter into any correspondence with participants.
17. We reserve the right to revoke any prize whereby the winner has not complied with the terms and conditions with us, or any other businesses associated with this competition.
17. These Terms and Conditions are governed by English law. The courts of England and Wales shall have exclusive jurisdiction to hear any dispute or claim arising in association with the Free Prize Draw or these Terms and Conditions
THIRD-PARTY LINKSCertain 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 for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
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.
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.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Whale Of A Time Clothing, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Whale Of A Time Clothing and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
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.
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).
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 constitutes 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.
GOVERNING LAW
These Terms are governed by English law. You and We both agree to submit to the non-exclusive jurisdiction of the English courts. These conditions are applicable where the British or other applicable law do not provide conditions that are in conflict with them
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
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.
HOW WE USE YOUR INFORMATION
When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address. When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
If you are an existing customer, we will contact you by post or e-mail with information about goods and services similar to those which were the subject of a previous sale to you.
If you are a new customer, we will contact you by post, e-mail or telephone if you have consented to this.
Our communications are designed to tell you about the benefits we can offer, so that you have exclusive access to our best deals. We use the information we have about you to tailor the content and try to ensure that the offers are as relevant to you as possible.
If you do not want us to use your data in this way, then please let us know by emailing us info@whaleofatimeclothing.com
CHANGES TO TERMS AND CONDITIONS
We reserve the right to modify these terms at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website.
CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@whaleofatimeclothing.com
Last Updated 22nd February 2019