Terms & Conditions
Please read the following carefully. Your use of the Windswept website ("windswept.co.uk") and purchase of the products (or services) ("Products") on it means that you agree to these terms and conditions ("Terms").
We may revise these terms and conditions at any time by updating this page. You should check the Website from time to time to review the latest updated current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.
Shopping with windswept.co.uk
We will take all reasonable care to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.
You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the products you have ordered. The fact that you receive an automatic order acknowledgement does not necessarily mean that we will be able to meet your order.
Our acceptance of an order takes place when we despatch the order. We will send you a despatch confirmation by email. When we despatch the order the purchase contract will be made even if your payment has been processed prior to despatch, unless we have notified you that we do not accept your order or you have cancelled your order.
We reserve the right to refuse an order :
- where the goods are unavailable
- where we cannot obtain authorisation for your payment
- if there has been a pricing or product description error
- if you do not meet any eligibility criteria set out in our terms and conditions
Payment & Security
Orders may be processed online, using a credit or debit card (currently VISA, MasterCard, Delta and Switch/Solo) or via PayPal.
To ensure that shopping online is secure, when paying by credit/debit card your details will be encrypted using the 128-bit SSL Software. We have chosen to use Sagepay as our payment gateway. Sagepay ensure that all your credit card details are encrypted and sent securely between you, your bank and Windswept.
Your credit card company may also carry out additional security checks. In the event your card is declined please contact your card issuer to authorise the transaction.
We may feel the need to carry out additional security checks to help protect both Windswept and its customers. In these cases we may ask for additional proof of ID such as a driving licence or utility bill. You will be contacted either by email or by phone if this is necessary.
Contract cancellation under the Distance Selling Regulations:
You are entitled to cancel this contract if you so wish provided that you exercise your right and notify us no longer than 7 working days after the day on which you receive your order.
If you wish to exercise your right to cancel this contract after your order has already been despatched, we will refund the original purchase price and delivery charge, provided that you have notified us in writing no longer than 7 working days after the day on which you receive the order, and that you have taken reasonable care of the products and not used them.
Please note that your right to return Products does NOT apply to products which fall into the following categories unless they are faulty or not as described:
- Made to measure or personalised goods
- Perishable goods (such as flowers and chocolates).
- Unsealed software, CDs, DVDs.
For help returning items please contact customer services.
Price, Description and Availability
Prices shown on the website are inclusive of VAT at the appropriate rate. Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. If you have already received the goods we ask that you send them back to us, upon receipt we will issue a full refund and any costs you in incur returning the item.
Non-EU customers are responsible for Import Duty/Tax in their respective countries. Unfortunately we cannot advise you what these costs will be - please consult your local customs office for more information
Windswept delivers to destinations inside the UK.
We use Royal Mail and DPD as our couriers and have various delivery options including next day delivery. Please click here to see our delivery options and pricing.
Orders are despatched either by Royal Mail or by courier. Our couriers require a signature and operate between 9am and 5pm on weekdays, so please specify an address where someone will be able to sign for your order between these hours, alternatively have your order delivered to your work address. Our courier services are trackable.
Please note that while items sent by Royal Mail usually arrive within 1-3 days, Royal Mail stipulate that only items still not delivered after 15 working days can be officially classified as lost.
Windswept will make every effort to deliver within the time stated but we will not be liable for any loss caused to you by late delivery, so please try to order with enough time to prevent disappointment particulary in the busy Christmas season.
Delivery outside the EU may be subject to local import taxes, which are your responsibility where they apply. If so, the shipping company should advise you the charges due or else you should consult your local customs office.
The above does affect your statutory rights as a consumer.
In addition to the Distance Selling Regulations, you can return any item within 30 days of receipt for a refund or exchange.
For returns made outside the Distance Selling Regulations, we will refund the value of the goods returned to us, at
the price you purchased them.
In all cases, the items returned must be in their original condition, complete with any instruction booklets, software and packaging.. All goods will be inspected on return. Certain products and services are excluded from this returns policy, including food/perishable items, personalised products or those made to order. These items cannot be returned for a refund unless faulty. Products excluded such as these are clearly marked on the product information page.
Windswept will refund the cost of your original delivery fee where we are at fault, however for unwanted items we shall not refund the original delivery fee unless you contact us within 7 days of receipt of the item when distance selling regulations apply. Where you are cancelling your order within this cooling-off period we will refund the cost of the item and the cost of sending the item to you as follows:
- Where you are returning an item that was part of a larger order, we will refund any specific delivery charges that you incurred for that item.
- Where you are returning your entire order, we will refund the delivery charge.
- Where we collect an item from you, we reserve the right to recover the costs of collection from you.
- If you use our FREEPOST address, we may deduct the return postage from your refund.
We will not refund the cost of in returning the item to us and other services provided to you in connection with your purchase (eg. Next Day Delivery) unless you are returning the item to us because of an error on our part (or because it is defective) or if you have contacted us within 7 days.
We will make the refund directly to the credit/debit card used to place the original order within 7 days or earlier once we have inspected the returned item and are satisfied that it has been returned to us in the condition it was in when delivered to you.
The goods are your responsibility until they reach our Warehouse. Please ensure you package your items carefully to prevent any damage to the items or boxes. We are not responsible for any items that are returned to us in error.
We recommend you use a secure delivery method which requires a signature upon receipt (such as Royal Mail First Class Recorded Delivery) and which insures you for the cost of the items being returned, as in the rare event of the parcel going missing you are responsible for the returned products until they reach us.
Please go to our Returns section for instructions on how to return your items by clicking here.
The above does not affect your statutory rights.
Here at Windswept we take the security of our customers' details very seriously and as such have measures in place both on our website when creating an account and when taking payment to ensure your details are kept safe.
3D Secure – this is an extra page that you will see after you have entered your card details that is provided by your card issuer. For some card issuers this is not compulsory but we would recommend that you sign up for this service to provide yourself with an extra level of security when purchasing items online.
We use the highest level of encryption on our website to ensure you stay safe online – we have EVSSL certificates which means we have 2048 bit encryption instead of the standard 1024 bit so you can be sure shopping with us online is safe.
Copyright and Trade Marks
Windswept does not give you any right or interest in any copyright or intellectual property rights in any Product nor the right to copy them.
The copyright in windswept.co.uk and the content of all the software, website and pages relating to the windswept.co.uk web site is owned by, or licensed to Windswept, unless otherwise specified and may not be used, copied or altered without our express consent.
Copyright extends to the design, look and feel of windswept.co.uk, all photography and any marketing materials.
You may use windesigns.co.uk only for private and personal non-commercial use. You may not use the materials on windswept.co.uk for any other purpose.
Windswept, windswept.co.uk and our logos are trade names or trade marks of Windswept and may not be used by anyone else without our express permission.
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses,
including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.
Windswept may modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
Windswept.co.uk may also terminate this Agreement and immediately remove, cancel or suspend access to and use of windswept.co.uk upon breach of any part of these Terms whatsoever.
Termination shall be without prejudice to Windswepts other rights.
Windswept acts as principal on its own account and not as agent for you or any other person.
If Windswept does not enforce any provision of this agreement such will not be considered a continuing waiver.
In the event that any part of these Terms is held to be unenforceable, such part will at Windswepts option be construed as far as possible to reflect the parties' intentions and the remainder of the provisions will remain in full force and effect.
These Terms constitute the full agreement between you and Windswept and may only be amended in writing. They apply to the exclusion of all other terms or conditions of contract proposed.
Since Windswept principally deals with the UK and EU market, we cannot guarantee that it accords with local laws of any other countries (though we will try to make sure it does).
Under current UK legislation it is an offence to sell knives and certain bladed or pointed articles to persons under 18 years of age. When purchasing these products (or other age-restricted products, such as Alcohol) we will ask you to confirm that you are of the age legally required. Where payment is made by you using methods other than Visa/Mastercard there may be a delay to your order while we verify your age and you may be required to send us proof of age.
Because of the nature of the Internet, Windswept provides and maintains windswept.co.uk on an "as is" and "as available" basis and we make no promise that use of windswept.co.uk will be uninterrupted or wholly error free. We are not responsible if we are unable to provide our Internet services for any reason beyond our control.
Windswept does not give any guarantees, warranties or representations in respect of any third parties services.
Windswept has tried to ensure that all product descriptions and photographs are as accurate as possible.
Our website contains links to other websites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.
Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.
You will be responsible for any breach of these terms by you and if you use windswept.co.uk in breach of these terms you will be liable to and will reimburse us for any loss or damage caused as a result.
These terms above shall not limit any rights you might have as a consumer that may not be excluded under applicable law nor shall they exclude or limit Windswept's liability for death or personal injury resulting from its negligence nor any fraudulent representation.
Please read the instructions, manuals and other user documentation that comes with your Products carefully. You are urged to use all products safely and in accordance with the manufacturer's guidelines.
Windswept will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.
These terms do not affect your statutory rights as a consumer which are available to you.
Subject as aforesaid, to the maximum extent permitted by law, Windswept excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to Windswept and Windswept shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
- The infringement by any person of any Intellectual Property Rights of any third party caused by their use of windswept.co.uk or any Product purchased through windswept.co.uk.
- Any incorrect or inaccurate information on windswept.co.uk.
- Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
- Any loss or damage resulting from your use or the inability to use the windswept.co.uk website or resulting from unauthorised access to, or alteration of your transmissions or data in circumstances which are beyond our control.
- Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing, using or downloading windswept.co.uk, or from transmissions via emails or attachments received from windswept.co.uk or its licensees and affiliates.
- The availability, quality, content or nature of the other sites on the Internet that are owned and operated by third parties to which Windswept link and web sites located on or through any External Site nor for any transactions involving External Sites (including as to 'cookies', personal data, confidential information, or purchases of domain names or other services). You should contact the site administrator or webmaster for those xxternal sites if you have any concerns regarding such links, web site or transactions.
- All representations, warranties, conditions and other terms which but for this notice would have effect
The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.