PLEASE READ THESE TERMS OF SALE CAREFULLY, INCLUDING THE MANDATORY ARBITRATION AND CLASS ACTION WAIVER OBLIGATIONS REFERENCED IN SECTION 10,  BEFORE SUBMITTING AN ORDER FOR PRODUCTS OR SERVICES THROUGH OUR WEBSITE.

These terms and conditions of sale (“Terms of Sale”) apply between you (“you”) and Simply Whispers, Inc. (“us”, “we” or “our”) when you purchase or seek to purchase products or services from our website located at www.simplywhispers.com. These Terms of Sale apply in addition to our Terms of Service, which are hereby incorporated by reference.

You must be 16 years or older to place an order and purchase products or services through our website. Our website is solely for the promotion of our products or services in the United States and Canada. Unfortunately, we do not accept orders from or deliver to addresses outside the United States and Canada.

 

1. OUR CONTRACT WITH YOU

1.1 Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

1.2 We reserve the right to accept or reject orders at our discretion, to impose quantity limits on an order and to discontinue offering certain products or services without prior notice. If we are unable to accept your order, we will inform you of this by email and will not charge you for the product(s) or service(s) ordered. For example, we may not accept your order if: the product or service you requested is out of stock or no longer available; your credit reference or fraud screening check does not meet our minimum requirements; we cannot verify your delivery or payment information; we have identified an error in the price or description of the product or service; or we are unable to meet a delivery deadline you have specified, among other reasons.

1.3 We will assign an order number to your order and notify you by email when we accept your order. Please have your order number available for reference whenever you contact us about your order.

 

2. OUR PRODUCTS

The images of the products on our website are for illustrative purposes only and your product (including the packaging) may vary slightly from those images. Although we have made every effort to display the colors accurately, we cannot guarantee that the display of colors by your computer or device accurately reflects the colors of the products.

In the event you believe a product you purchased differs from the way the product was depicted on our website, you have the right to return the product and seek a refund as described in Section 8 below.

 

3. YOUR RIGHTS TO MAKE CHANGES

If you wish to make a change to your order, please contact us using the details below. It may not be possible to change an order, but we will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the product or service, the timing of delivery or anything else which would be a necessary alteration to your order as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If so, we will need to issue a cancellation and refund of your original order and will then place a new order for you. If we cannot make the change or the consequences of making the change are unacceptable to you, you have the right to return the product and seek a refund as described in Section 8 below.

 

4. OUR RIGHTS TO MAKE CHANGES

We may make changes to these Terms of Sale at any time. If we make changes, we will post the amended Terms of Sale on our website and update the effective date below. We encourage you to review these Terms of Sale prior to making any purchase through our website to ensure you understand the terms and conditions that apply to your purchase.

 

5. PRICE AND PAYMENT

5.1 The purchase price of products or services will be the price indicated on the order page as part of the checkout process. All prices are shown in U.S. dollars and taxes, shipping and handling charges are additional and will be shown in U.S dollars. Prices displayed on the website may vary from those in our stores or from store-advertised prices. It is always possible that, despite our best efforts, some of the products or services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product or service's correct price is less than our stated price, we will charge you the lower amount. If the product or service's correct price is higher than the price stated to you at the time you place your order, we will contact you for your instructions before we accept your order. All prices are subject to change without prior notice.

5.2 You are responsible for any sales, use, duty and other governmental taxes or fees due with respect to your purchase of products or services. We will collect applicable taxes if we determine we have a duty to collect such taxes. We will present an estimate of taxes to be collected at checkout. The actual taxes charged may be adjusted from the amount shown at checkout. Several factors may cause this adjustment, such as variances between processor programs and changes in tax rates. We may not be required to collect taxes in your state.  Your purchases are not tax-exempt merely because we fail to collect tax.  If we have not collected applicable taxes, you may have an obligation to file a use tax return and pay any tax due.

5.3 By providing a credit card or other payment method accepted by us, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our payment processor) to charge your payment method for the total amount of your order, including any applicable taxes, fees and charges. If the payment method cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any problem we encounter to proceed with your order.

 

6. DELIVERY

6.1 The cost of delivery will be as displayed to you on our website prior to completing your purchase. Once you have provided delivery details and your order has been confirmed, the delivery address cannot be changed. If you need to change the delivery address, please contact us using the details below, and we will work with you to cancel the order and place a new order.

6.2 If your order is received before 2pm EDT on a working day, we will attempt to dispatch your order on the same working day. For orders received after 2pm EDT or on a Saturday, Sunday or holiday, we will attempt to dispatch the next working day.

6.3 Our standard shipping option is ground delivery, which means you will receive your order within 1 to 5 working days (or 5 to 7 working days if we are delivering to Alaska or Hawaii) from the day that we dispatch your order. Before you check out, you may have the option to choose express delivery and the cost and delivery times for this option will be displayed on our website.

6.4 We will not be liable for delays in delivery caused by events outside our control, but if there is a substantial delay in delivery, you may contact us to cancel your order and request a refund for any products you have paid for but not received.

6.5 We use a third-party courier company to deliver our products. If no one is available at your address to accept the delivery, the courier company will leave you a note informing you of how to rearrange delivery. If, despite our reasonable efforts, we are unable to contact you or rearrange delivery, we may cancel your order.

6.6 Unless we state otherwise, risk of loss or damage to a product passes to you once we deliver the product to the address you gave us. You own the product once we receive your payment in full.

 

7. PROMOTIONS

7.1 From time to time we will offer various promotions that can be applied to your order using a promotional code, which we will provide to you. You should enter the applicable promotion code in the space provided in our check out, before you submit your order. The value of the promotion will be applied to your order (but may not be displayed as a separate line item).

While the terms and conditions for each promotion will vary, most of our offers last for a limited time, and have associated promotional codes that can only be used once per customer and cannot be combined with other offers.

Promotional delivery offers will apply to orders that meet the terms and conditions for that particular promotional guidelines.

Some offers will not have an associated promotional code – they can simply be added to your shopping basket, and the promotion will be applied, as long as you have met the other offer requirements.

If you have any questions about a promotion, or whether your order qualifies, feel free to contact our customer services.

7.2. 10% off Code for the Newsletter sign-up:

For those residents in the United States and Canada, we’re delighted to offer you 10% off your first order when you sign up to our newsletter. Your code will be emailed to you once you sign up. Enter this code at checkout to redeem this promotion.

This promotion is only valid once, on your first order after signing up to our newsletter. This promotion cannot be combined with any other promotion. This promotion is not valid on previous purchases.

 

8. REFUNDS AND RETURNS

8.1 Our hope is that you are satisfied with your Simply Whispers purchase. However, you may return a product for either an exchange or refund within 60 days of the purchase date . Please follow the return instructions on the back of your packing slip and enclose it with your merchandise being returned. You are responsible for the safe delivery and payment for returned merchandise.

8.2 Refunds for properly returned products will be credited to your original method of payment. We endeavor to process returns within a week of receipt. We reserve the right to reject any returns that do not meet the conditions of this section 8. If non-conforming returns are sent to us, we will return these items back to you. Please contact us with any questions about returning defective or faulty products.

 

9. DISCLAIMER AND LIMITATION OF LIABILITY

9.1 To the maximum extent permitted by law and subject to the sections below, we and our affiliates, subsidiaries, parent entities, and each of our directors, officers, agents, contractors, partners and employees (individually and collectively, the “Simply Whispers, Inc. Limited Parties”) will not be liable to you under any theory of liability—whether such losses arise in contract, tort (including negligence), warranty or otherwise—for any indirect, consequential, incidental, or special damages or lost profits, even if the Simply Whispers, Inc. Parties have been advised of the possibility of such damages. The total liability of the Simply Whispers, Inc. Parties for any claim arising out of or relating to these Terms of Sale or products or services made available for sale through our website, regardless of the form of the action, shall not exceed $100.

9.2 Nothing in these Terms of Sale will limit or exclude our liability for: (a) death or personal injury resulting from our negligence; (b) fraud or intentional misconduct of the Simply Whispers, Inc. Parties; or (c) any other liability that cannot be excluded or limited by applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

9.3 Your use of the products or services sold through our website is at your sole risk. Except as otherwise provided in a writing by us, the products are provided on an “as is” and “as available” basis. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms, which may apply to the products or services, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

 

10. PRIVACY

For details regarding how we collect, use, share and otherwise process personal information, see our Privacy Policy.

 

11. DISPUTE RESOLUTION; BINDING ARBITRATION

11.1 Disputes arising from these Terms of Sale and the purchase and sale of products or services through our website are subject to the dispute resolution provisions contained in our Terms of Service, including the mandatory arbitration provision and class action waiver for certain types of disputes.

11.2 Any dispute arising from these Terms of Sale and the purchase and sale of products or services will be governed by and construed and enforced in accordance with the laws of Massachusetts, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of Massachusetts or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Massachusetts and the United States.

12. OTHER IMPORTANT TERMS

12.1 We may transfer our rights and obligations under these Terms of Sale to another organization, but this will not affect your rights or obligations under these Terms of Sale.

12.2 If we fail to insist that you perform any of your obligations under these Terms of Sale, or if we do not enforce any of our rights against you, or if we delay in doing so, that will not mean that we have waived any of our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

12.3 Each of the provisions of these Terms of Sale operate separately. If any arbitrator, court or other competent authority decides that any provision or part of a provision of these Terms of Sale is unlawful, void or unenforceable, that provision or part of the provision is deemed severable  from these Terms of Sale and does not affect the validity and enforceability of any the remaining provisions. Other than as expressly set out in these Terms of Sale, no third party is intended to have any right or ability to enforce any of the provisions of these Terms of Sale.

12.4 The section titles in these Terms of Sale are for convenience only and have no legal or contractual effect. These Terms of Sale constitute the entire agreement and understanding between you and us relating to the subject matter of these Terms of Sale and supersede any prior agreement or understanding between you and us relating to the subject matter of these Terms of Sale.

12.5 You acknowledge that you have not entered into these Terms of Sale in reliance on, and shall have no remedies in respect of, any representation or warranty that is not expressly set out in these Terms of Sale (other than in respect of any fraudulent misrepresentation).

13. CONTACT US

Questions and comments regarding these Terms should be sent to: custserv@simplywhispers.com

Registered company name: Simply Whispers, Inc. 

Registered address: 50 Perry Avenue, Attleboro, MA 02703