Terms of Service
Terms and Conditions of Sale and Use
Overview
This website is operated by Winderly. Throughout this site, the terms "we", "our" and "us" refer to Winderly.
Winderly offers this website, including all information, tools and services available on it, to you, the user, subject to your acceptance of all terms, conditions, policies and notices set out herein.
By visiting this site and/or purchasing one of our products, you engage with our "Service" and agree to be bound by the following terms and conditions ("Terms and Conditions of Sale", "General Terms and Conditions of Sale and Use", "Terms"), including any additional terms, conditions and policies referenced herein and/or accessible via hyperlink. These General Terms and Conditions of Sale and Use apply to all users of this site, including but not limited to users who browse the site, as well as vendors, customers, merchants, and/or contributors of content.
Please read these General Terms and Conditions of Sale and Use carefully before accessing or using our website. By accessing or using any part of this site, you agree to be bound by these General Terms and Conditions of Sale and Use. If you do not accept all the terms and conditions of this agreement, then you must not access the website or use the services offered therein. If these General Terms and Conditions of Sale and Use are considered an offer, acceptance is expressly limited to these General Terms and Conditions of Sale and Use.
Any new features and tools added to this shop at a later date shall also be subject to these General Terms and Conditions of Sale and Use. You may view the most recent version of the General Terms and Conditions of Sale and Use at any time on this page. We reserve the right to update, change or replace any part of these General Terms and Conditions of Sale and Use by posting updates and/or amendments to our website. It is your responsibility to check this page regularly to verify whether any changes have been made. Your continued use of or access to the website following the posting of any changes constitutes your acceptance of those changes.
Our shop is hosted on Shopify Inc. They provide us with the e-commerce platform that enables us to sell our products and services to you.
Delivery
We deliver your parcels within 4 to 10 business days. You will receive a tracking number once your parcel has been dispatched. If you have not received this tracking number within 72 hours, please do not hesitate to contact us by email at contact@winderly.co.uk. Our customer service team will promptly send you your tracking number.
Article 1 – Conditions of Use of Our Online Shop
By accepting these General Terms and Conditions of Sale and Use, you confirm that you have reached the age of majority in your country, state or province of residence, and that you have given us your consent to allow any minor dependants to use this website.
The use of our products for any illegal or unauthorised purpose is prohibited, and you must not, in the course of using the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms, viruses or any code of a destructive nature.
Any breach or violation of these General Terms and Conditions of Sale and Use will result in the immediate termination of your Services.
Article 2 – General Conditions
We reserve the right to refuse access to the services to any person at any time, for any reason whatsoever.
You understand that your content (excluding your credit card information) may be transferred unencrypted, and that this involves (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements for connecting networks or devices. Credit card information is always encrypted during transmission over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part 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 prior express written authorisation from us.
The headings used in this agreement are included for convenience only and shall not limit or otherwise affect these Terms.
Article 3 – Accuracy, Completeness and Timeliness of Information
We are not responsible if information available on this site is not accurate, complete or current. The content on this site is provided for general information purposes only and should not be relied upon or used as the sole basis for making decisions without consulting more accurate, more complete or more current sources of information. Any reliance on the material presented on this site is at your own risk.
This site may contain certain historical information. Such historical information, by its nature, is not current and is provided for reference purposes only. We reserve the right to modify the content 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 any changes made to our site.
Article 4 – Modifications to the Service and Prices
The prices of 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 and at any time.
We shall not be liable to you or to any third party for any modification of prices, suspension or discontinuation of the Service.
Article 5 – Products or Services (Where Applicable)
Certain products or services may be available exclusively online through our website. Such products or services may be available in limited quantities and may only be returned or exchanged in accordance with our Returns Policy.
We have made every effort to display as accurately as possible the colours and images of our products as they appear in our shop. We cannot guarantee that your computer monitor's display of colours will be accurate.
We reserve the right, though not obliged to do so, to limit the sales of our products or services to any person, and in any geographical region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any product or service that we offer. All product descriptions and product prices are subject to change at any time without prior notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited by law.
We do not warrant that the quality of any products, services, information, or other material obtained or purchased by you will meet your expectations, nor that any errors in the Service will be corrected.
Article 6 – Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, at our sole discretion, reduce or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or from the same customer account, the same credit card, and/or orders that use the same billing and/or delivery address. In the event that we modify or cancel an order, we may attempt to notify you by contacting the email address and/or billing address provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all orders placed at our shop. You undertake to promptly update your account and other information, including your email address, credit card numbers and expiry dates, so that we can complete your transactions and contact you as necessary.
For further details, please refer to our Returns Policy.
Article 7 – Optional Tools
We may provide you with access to third-party tools over which we neither monitor, control, nor have any influence.
You acknowledge and agree that we provide access to such tools on an "as is" and "as available" basis, without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of these optional third-party tools.
Any use you make of the optional tools offered on the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which such tools are offered by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features on our site (including new tools and resources). Such new features and services shall also be subject to these General Terms and Conditions of Sale and Use.
Article 8 – Third-Party Links
Certain content, products and services available via our Service may include material 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 obliged to review or evaluate their content or accuracy, and we do not warrant and shall not be liable for any third-party materials, websites, products, services or any other items accessible from or through such third-party sites.
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 parties' policies and practices and make sure you understand them before you engage in any transaction. Any complaints, claims, concerns or questions regarding third-party products should be directed to the relevant third party.
Article 9 – User Comments, Feedback and Other Submissions
If, at our request, you submit certain specific content (for example, to enter competitions), or if, without a request from us, you send creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by post or otherwise (collectively, "comments"), you grant us the right, at any time and without restriction, to edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are not and shall not be under any obligation to (1) maintain any comments in confidence; (2) pay compensation to anyone in respect of any comments submitted; or (3) respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or which infringes any intellectual property rights or these General Terms and Conditions of Sale and Use.
You agree that your comments will not violate any rights of third parties, including copyright, trade mark, privacy, personality or other personal or proprietary rights. You further agree that your comments will not contain unlawful, defamatory, offensive or obscene material, and will not contain any computer virus or other malicious software that could in any way affect the operation of the Service or any associated website. You may not use a false email address, impersonate any person or entity, or otherwise mislead us and/or third parties as to the origin of your comments. You are solely responsible for all comments you post and their accuracy. We assume no responsibility and accept no liability for any comments posted by you or any third party.
Article 10 – Personal Information
The submission of your personal information through our shop is governed by our Privacy Policy.
Article 11 – 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 delivery charges, delivery 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 associated website is inaccurate, at any time without prior notice (including after you have submitted your order).
We are not obliged to update, amend or clarify information in the Service or on any associated website, including but not limited to pricing information, except as required by law. No specified update or refresh date applied in the Service or on any associated website should be taken to indicate that all information in the Service or on any associated website has been modified or updated.
Article 12 – Prohibited Uses
In addition to the prohibitions set out in the General Terms and Conditions of Sale and Use, 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 regional ordinance or any international, federal, provincial or state regulations, rules or laws; (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 against anyone 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 associated website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, hijack a domain, extort information, crawl, scrape or spider the web (or any other resource); (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service, any other website, 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.
Article 13 – Disclaimer of Warranties and Limitation of Liability
We do not guarantee, represent or warrant in any way 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, satisfactory quality, fitness for a particular purpose, durability, title and non-infringement.
Winderly, including its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers and licensors, shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including but not limited to loss of profits, revenue, savings or data, cost of replacement or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the services or 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. Because certain states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law.
Article 14 – Indemnification
You agree to indemnify, defend and hold harmless Winderly, our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from and against any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these General Terms and Conditions of Sale and Use or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
Article 15 – Severability
In the event that any provision of these General Terms and Conditions of Sale and Use 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 General Terms and Conditions of Sale and Use, such severance shall not affect the validity and enforceability of any other remaining provisions.
Article 16 – 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 General Terms and Conditions of Sale and Use are effective unless and until terminated by either you or us. You may terminate these General Terms and Conditions of Sale and Use 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 discretion we determine that you fail, or we suspect that you have failed, to comply with any term or provision of these General Terms and Conditions of Sale and Use, we may also terminate this agreement at any time without prior notice and you will remain liable for all amounts due up to and including the date of termination; and/or we may deny you access to our Services (or any part thereof).
Article 17 – Entire Agreement
Any failure on our part to exercise or enforce any right or provision of these General Terms and Conditions of Sale and Use shall not constitute a waiver of such right or provision.
These General Terms and Conditions of Sale and Use or any other operating policies or rules that we post on this site or in relation to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the General Terms and Conditions of Sale and Use).
Any ambiguities in the interpretation of these General Terms and Conditions of Sale and Use shall not be construed against the drafting party.
Article 18 – Governing Law
These General Terms and Conditions of Sale and Use, as well as any separate agreements whereby we provide you with Services, shall be governed by and construed in accordance with the laws in force in Belgium.
Article 19 – Changes to the General Terms and Conditions of Sale and Use
You may view the most recent version of the General Terms and Conditions of Sale and Use at any time on this page.
We reserve the right, at our sole discretion, to update, modify or replace any part of these General Terms and Conditions of Sale and Use by posting updates and changes to our site. It is your responsibility to visit our site regularly to check whether any changes have been made. Your continued use of or access to our site following the posting of any changes to these General Terms and Conditions of Sale and Use constitutes your acceptance of those changes.
Article 20 – Contact Details
Trading name: Winderly
Winderly is not currently VAT registered.
Email: contact@winderly.co.uk
The site is hosted by Shopify: 150 Elgin Street, Suite 800, Ottawa, Ontario K2P 1L4, Canada. Information regarding the collection and processing of personal data (policy and declaration) is provided in the site's personal data charter.
The site accessible at the following URL: winderly.co.uk is operated in compliance with Belgian legislation. Use of this site is governed by these general terms and conditions. By using the site, you acknowledge that you have read and accepted these terms and conditions. These may be amended at any time and without prior notice by Winderly.