Terms and Conditions
Terms and Conditions
Thank you for visiting our site (this “Site”). This Site is operated by Willy’s Ltd (“Company,” “we,” “us” or “our”) and allows you to: (a) participate in interactive features that we may make available such as, but not limited to, purchasing our Willy’s products (“Product”); (b) register as a user of the Site; or (c) simply view or browse this Site. These Terms and Conditions (these “Terms and Conditions”) govern your use of this Site, and your agreement is a condition of using the Site.
Binding Effect; Modifications to these Terms and Conditions
This is a binding agreement. By using the Site or any services provided in connection with the Site, you agree to abide by these Terms and Conditions, as they may be amended by Company from time to time. Company reserves the right to make changes to these Terms and Conditions at any time and from time to time. You will be notified via email of any material changes to these Terms and Conditions. Such changes, modifications, additions, or deletions shall be effective when specified in the relevant notification to you or, if the change is immaterial, immediately upon posting on the Site. Any use by you of the Site after such revisions shall conclusively be deemed to be acceptance by you of such changes, modifications, additions, or deletions. You agree to review these Terms and Conditions periodically to be aware of such revisions. If at any time you find these Terms and Conditions unacceptable, you must immediately leave the Site and cease all use.
Age Requirements for General Use of Site
Subject to the following section on “Age Requirements for Purchases,” registration and participation on the Site is restricted to those individuals at least 13 years of age.
We are a general audience site and do not direct any of our content specifically at children under 13 years of age. By using this Site, you affirm that you are at least 13 years of age. If you are under 13 years of age, do not use the Site. We understand and are committed to respecting the sensitive nature of children’s privacy online. If we learn or have reason to suspect that a Site user is not at least 13 years of age, we will promptly delete any personal information in that user’s account.
Age Requirements for Purchases
You must be at least 18 years of age to purchase Products on the Site. By agreeing to the terms and conditions during the checkout process and/or by clicking “Pay Now,” you represent and certify that you are at least 18 years of age and are legally able to enter into any and all purchase agreements with Company and its partners, vendors, agents and service providers.
Modifications to the Site
Company shall have the right at any time and from time to time to change or discontinue any aspect or feature of the Site including, but not limited to, the content, Products, hours of availability, and technological requirements needed for access or use. Company shall use its reasonable endeavours to ensure that confirmed orders for Products are not affected by any change or discontinuation made in accordance with this paragraph.
Copyrights, Trademarks and Other Proprietary Rights
When accessing the Site, you agree to obey the law and to respect the intellectual property rights of others. You agree that you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit to us.
All content on the Site, including text, hidden text within our source code, software, photos, video, graphics, music and sound, is subject to protection by copyright, trade mark, and other proprietary rights. In addition, the entire contents of the Site are copyrighted as a collective work under applicable copyright and other intellectual property laws and Company owns the copyright in the selection, coordination, arrangement and enhancement of such content.
All trade marks appearing on the Site are the property of their respective owners, including, in some instances, Company, and/or partner companies. Nothing contained on the Site should be understood as granting you a license to use any of the trade marks, service marks, or logos owned by Company or by any third party.
You may print or have printed by any third party any downloadable material contained on this Site provided that: (i) the material is solely for non-commercial and personal use; (ii) no copyright, author attribution, trade mark, legend or other proprietary notice is removed from the material; and (iii) the material is not altered in any manner. Except as expressly provided herein, you may not modify, create derivative works, copy, redistribute, publish, transmit, display or in any way exploit any content or material from the Site without the express written permission of Company and the respective copyright owner. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
You are responsible for:
- Making all arrangements necessary for you to have access to the Site.
- Ensuring that all persons who access the Site through your internet connection are aware of these Terms and Conditions and comply with them.
If you choose a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security, including but not limited to, if you lose your user name or password. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time if you have violated any provision of these Terms and Conditions.
Communications to the Site; License to Company
You hereby grant to Company a worldwide, royalty-free, perpetual, irrevocable, transferable, sub licensable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display (in whole or in part) and/or to incorporate in other works in any form, media or technology now known or later developed, all communications, including but not limited to all product reviews, remarks, submissions, ideas, concepts, pictures or other information that you transmit to this Site (“User Content”), whether by email, uploading or otherwise. You will not be compensated for any User Content. By sending User Content to us, you warrant and represent that you own the rights to the User Content or are otherwise authorized to distribute, display, perform, transmit, or otherwise distribute User Content. You agree that Company may publish or otherwise disclose your name in connection with your User Content.
Monitoring; Copyright Complaints
You agree that Company has the right, but not the obligation, to monitor, edit, disclose, refuse to post or remove at any time, for any reason in its sole discretion, any material and content anywhere on the Site. If notified, Company may investigate an allegation that content transmitted to us is in violation of these Terms and Conditions and determine whether to have the communication removed. However, Company is under no obligation to remove content and assumes no responsibility or liability arising from or relating to any such content, including but not limited to any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein.
Shopping is easy, convenient and secure. Simply select the Product you want to purchase, the desired variant and quantity, and click “Add to Basket”. When you’ve completed shopping, click the “Basket” button and follow the instructions to checkout and complete your order. Please note that you may change the contents or edit the quantities of items in your shopping cart until you click “Complete Order”, after which your order will be processed. After submitting your order, you will receive an email confirmation with confirmation number. If your email confirmation does not arrive within 48 hours after you have placed your order, please contact us via email for assistance.
Our products are delivered in sturdy corrugated boxes. Orders from Willy’s Shop Orders will be dispatched within 3 working days. The Willy’s Wellness Monthly Subscription Box subscription is a monthly themed subscription box and will be delivered during the first week of the stated month. Your order may arrive in more than one delivery. We deliver our products in the United Kingdom (excluding the Channel Islands, Isle of Man, Scottish Isles, Scottish Highlands, Northern Ireland, Dublin and Eire) and delivery charges will be applied. We will deliver the goods to the premises you specify on your order.
Willy’s Shop Orders and deliveries: We will require a signature for your delivery unless specific instructions are given to leave in a safe place. We will not accept responsibility for loss or damage if you instruct the delivery company to leave the goods unattended, so please choose a place that is safe and secure. Willy’s Wellness Monthly Subscription Box Orders won’t require a signature. If no one is in to receive the delivery, it will be left it in a safe /secure place, or with a neighbour. If these options aren’t available, then you will receive a card and another attempt at delivery with follow at a later date. After two failed delivery attempts (or if you are not present for an agreed delivery) the goods may be returned to us and we reserve the right to charge you an additional re-delivery charge. If you change the delivery address once the goods have been dispatched to you, we reserve the right to pass on any extra charges made by our carriers for redirecting your delivery.
Please check the goods on delivery – any goods found to be missing or damaged should be notified to the delivery driver at the time of delivery or ourselves within 24 hours. If the goods are lost or damaged in transit, please let us know promptly. Deliveries are made on the condition that there is reasonable access for the safe and prompt delivery of the goods. You should tell us about any special delivery requirements or conditions when you place your order. Sometimes, for reasons beyond our control we may be prevented from delivering your goods as planned. These might include things such as accidents, breakdowns, fire, flood, storm, severe weather, acts of god, war, riot, civil commotion, malicious damage or the default of our suppliers. We will try to put things right as soon as possible however we can’t be responsible where this causes a delay or failure in delivering your goods.
Products offered are offered subject to availability. While we do our best to ensure that product and pricing information is current and complete, Company is not liable for inaccurate information or for any information that has been omitted or is out of date. Prices for Products are quoted in British Pounds Sterling. Company may, from time to time, offer promotions for shipping and other discounts on product purchases. We reserve the right to suspend any such promotions, update product information, change prices and adjust shipping and handling fees at any time without notice. Furthermore, we reserve the right to change, limit, refuse or cancel any order you place with us in our sole discretion. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
By entering into any transaction through the Site, you warrant and represent that all information you provide is true and correct (including, without limitation your credit card information and billing address), that any credit card transactions submitted by you are authorized, and that you are the legal holder of any credit card or payment account used to enter into any transaction through the Site. If (i) your means of payment is not valid, (ii) a transaction is not authorized, (iii) your means of payment cannot be processed or verified at the time of any charge, (iv) a charge is disputed for any reason other than failure by Company to deliver the Product purchased by you, (v) you have abused or misused promotions or promotion codes, or (vi) you have otherwise used the Site to enter into an improper transaction, Company reserves the right to immediately terminate any pending transactions, suspend your access to the Site, and terminate all of Company’s obligations hereunder.
Notwithstanding anything herein to the contrary, you agree that any formal payment dispute lodged with any bank, merchant services provider, credit card or payment card company, or any third party discount provider shall be invalid unless: (x) you notify Company within ten (10) days from date of the applicable transaction that you wish to dispute any charge relating thereto; and (y) that you have made reasonable, good faith efforts to resolve such dispute with Company directly, and such efforts have failed. You can e-mail details regarding your dispute to firstname.lastname@example.org
If you have any questions or concerns when placing an order or if you wish to inquire about a previously placed order, please email us at email@example.com using your order number.
We are not able to offer refunds currently.
Your right to cancel does not affect your rights as a consumer in relation to any defective or incorrect Products you may receive. If you receive a defective Product or incorrect Product, please contact us immediately at firstname.lastname@example.org with your order number, a description of the problem and also a photograph if possible.
Risk of Loss
Risk in the Products passes to you upon your receipt (or receipt by someone identified by you) of the Products and, as between you and us, you will be responsible for any loss of, or damage to, the Products from this point onwards.
Third Party Sites
Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content. Company is not responsible or liable for any damages claimed in connection with content or products available from such external sites.
Disclaimer of Warranty; Limitation of Liability
If you are a consumer resident in the United Kingdom, the limitations and exclusions of liability set out in this section do not apply to our liability to you for:
Liability for death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; breach of your legal rights as a consumer in relation to the Products; or defective products under the Consumer Protection Act 1987.
The Site and all information, content, materials, Products and services included on or otherwise made available to you through the Site are provided by Company on an “as is” and “as available” basis, unless otherwise specified in writing. Company makes no representations or warranties of any kind, express or implied, as to the operation of the Site or the information, content, materials, Products or services included on or otherwise made available to you through the Site, unless otherwise specified in writing. You expressly agree that your use of the Site is at your sole risk.
To the full extent permissible by applicable law, Company disclaims all warranties, express or implied. Company does not warrant that the Site; information, content, materials, Products or services included on or otherwise made available to you through the Site; the servers; or electronic communications sent from Company are free of viruses or other harmful components. Company will not be liable for any damages of any kind arising from the use of the Site or from any information, content, materials, Products or services included on or otherwise made available to you through the Site, including, but not limited to direct, indirect, incidental, punitive, lost profits, lost data, and consequential damages, regardless of the foreseeability of those damages. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
Exclusions and Limitations
Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you; all other provisions of these Terms and Conditions remain in full force and effect.
You agree to indemnify, hold harmless and, upon request, defend Company and its respective directors, officers, employees, agents, and members from and against all claims and expenses, including attorneys’ fees, arising out of or relating to your browsing or use of this Site, content you transmit to us, your violation of any rights of another, or your breach of these Terms and Conditions, except to the extent arising from Company’s negligent act or omission. Company reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you at your expense, and you shall not in any event settle or otherwise dispose of any matter without the prior written consent of Company.
Governing Law and Venue
These Terms and Conditions are governed by English law. You may bring legal proceedings in respect of the Products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Products in either the Northern Irish or the English courts.
The Site is operated by Company from its offices in the United Kingdom.
If you have any questions or comments regarding these Terms and Conditions or the Site, please feel free to contact us by email at email@example.com
We may provide paid products and/or services within the Service. In that case, we use third-party services for payment processing (e.g. payment processors).
The payment processors we work with are:
We automatically track and collect the following categories of information when you visit our Site: (1) IP addresses; (2) types of operating systems used to access the Site; and (3) types of web browsers used to access the Site (collectively “Traffic Data”). Traffic Data is anonymous information that does not personally identify you but is helpful for marketing purposes or for improving your experience on the Site. We also use Google Analytics to track Site traffic (page hits) and view aggregate or anonymous user data.
IP Addresses: We use IP addresses to analyse trends, administer the Site, track traffic patterns, and gather demographic information for aggregate use, as well as in combination with your personally identifiable information for credit fraud protection and risk reduction.
Company may also keep track of Internet Protocol (IP) addresses to troubleshoot technical concerns and to maintain website safety and security. An IP address is a number that is used by computers on the network to identify your computer every time you log on to the Internet.
The personal information that we collect from you will be transferred to, and stored in, secured databases. By submitting your personal information to us, you agree to this transfer and storing.
Various security measures, such as encryption and passwords, are implemented by us in accordance with industry standards to protect the security of your personal information as well as sensitive information (such as credit card number) both online and offline.
Unfortunately, despite our security efforts, there is always a risk that third parties may unlawfully intercept transmissions. As a result, we cannot ensure the security of any information you transmit, and you transmit all information at your own risk.
Links to Other Sites
For avoidance of doubt, if we provide links to social media platforms, such as Facebook or Twitter, and you choose to visit those websites through our links, please note that the personal information you post, transmit or otherwise make available on those websites may be viewed by the general public. Company does not control the user-posted content on its social media homepages and is not responsible for any third party use of your personal information that you have posted, transmitted or otherwise made available there.
Updating Personal Information; Termination of Account
If a registered account holder’s information changes or a registered account holder wishes to terminate his or her account, Company will correct, update, or remove that user’s personal information from its database, upon receipt of notification from the registered account holder. Account holders may update information or terminate their account under their account settings or by emailing us firstname.lastname@example.org
A user who has submitted his or her information in order to join our mailing list may choose to unsubscribe from any future communications by clicking on the “unsubscribe” feature within the email communication.
Company reserves the right to cancel a customer or user’s account at any time, in its sole discretion.
For any reason and at any time, you may contact us at the following address: email@example.com
Contact Us – The Wonky Barn
For any reason and at any time, you may contact us at the following address: firstname.lastname@example.org The following phone number: 01432 808090. Or by post: Willys Ltd, The Wonky Barn, Laddin Farm, Little Marcle, Ledbury, Herefordshire, HR8 2LB