These Terms and Conditions were last updated on 18th October 2018.
These Terms and Conditions apply to your use of the what3words Online Shop, which can be found at shop.what3words.com (Online Shop). These Terms and Conditions should be read in conjunction with our:
- terms and conditions of use for the what3words website, which can be found at what3words.com/terms (Website Terms); and
(collectively, the Terms)
In the event of any inconsistency between these Terms and Conditions and the provisions contained in the Website Terms, the provisions in these Terms and Conditions prevail. “Us”, “we”, “our” or “what3words” when mentioned within these Terms and Conditions will refer to:
- what3words limited, Studio 301, Great Western Studios, 65 Alfred Road, London, W2 5EU.
It’s important that you read the Terms carefully as they will govern the agreement (also the contract of sale) between us if you use the site and/ or buy products from the Online Shop.
If you access or use the Online Shop we will take that to mean that you agree to the Terms. You will also be reminded of these Terms before you make a purchase. In both cases, these Terms are binding on you. If you don’t agree, please refrain from using the Online Shop. We may change the Terms from time to time. You can see the date we last changed the Terms noted above. If you continue to use the Online Shop after we’ve changed the Terms, then you agree to the new Terms.
How to contact us
You can contact us by writing to the applicable address above, or [insert contact link].
If we need to contact you, we will do so by telephone or in writing to the email address or postal address or telephone number you provide to us in your order.
- Online Shop
The Online Shop is a service that allows you to browse and purchase a selection of our products, including 3 word address signs (“Sign(s)”).
- Use of the Online Shop
You must be eighteen years old or older to use the Online Shop. While we use all reasonable endeavours to make sure that the Online Shop is available 24 hours a day, 365 days of the year, we cannot guarantee that your access will be uninterrupted or error free. Access may be unavailable temporarily without notice in the event of a system failure, maintenance or any reason beyond our control.
We have the right to end our agreement with you for your use of the Online Shop if you breach these Terms or if we suspect you have breached these terms or are engaged, or are about to be engaged or have been involved in fraudulent or illegal activity in connection with the Online Shop or on the site.
When placing an order, you agree that any and all information you give us is accurate and complete. In addition, you must ensure that if you are purchasing a Sign – that the 3 word address you specify to be printed on that Sign is accurate and complete.
All orders are subject to acceptance and product availability. We reserve the right to close the Online Shop at any time or list certain products as unavailable. We also reserve the right to cancel an order you have placed and provide you with a full refund for your order, if payment has been processed, should we been unable to fulfill your order. All prices listed on the Online Shop are correct at the time of entering the information, however, we reserve the right to change prices of any product at any time. The total price of your order, including any sales taxes, will be displayed prior to your purchase confirmation.
No contract for the sale of any product will exist between you and us until we accept your order by emailing the confirmation invoice to the email address given in your order and will detail products ordered, payment method, cost (including P&P) and the shipping method.
You must check all the details on this confirmation invoice are correct and contact us as soon as possible if any details are incorrect.
If your order cannot be processed , you will receive an email from us telling you the reasons why and our proposed solution. If you’re not happy with the proposed solution, you may decide to cancel your purchase and obtain a full refund.
Discount vouchers, codes and offers cannot be used on sale/ already discounted products unless otherwise stated.
- Payment, charges, transaction fees and taxes
You may purchase products from the Online Shop via PayPal or any other payment provider that we may offer at any time. All purchases will be charged to your nominated card or account upon submission of your order. All credit and debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non- delivery.
There may be applicable transaction charges, if they are applicable, these will be displayed to you for acceptance before final checkout.
International sales taxes
Depending on where you are in the world, your order from the Online Shop may be subject to a sales tax that is calculated up-front as part of your purchase and will be notified to you at the time of your purchase.
In addition, please be aware that delivery of products to some regions may incur a customs/sales tax that is payable on delivery of the physical items that you have ordered. Please check your local tax laws before placing your order for any guide to check whether you might have to pay such a tax. If you aren’t sure, contact us and we’ll do our best to help you. Being aware of your local tax laws is your responsibility, and we are unable to refund any amount charged at the point of delivery as what3words does not receive any amount of these additional taxes.
- Delivery and delivery charges
The terms set out in this clause 4 apply only in relation to the purchase of physical products through the Online Shop.
Delivery methods and charges
We send your purchased products to you by postal service. Most purchased products will be sent by standard post.
We can deliver to all the countries that are listed in the drop-down menu on the Online Shop homepage. If your country isn’t there, we’re sorry that we can’t deliver to you at the moment.
Please ensure that you provide accurate credit card details, CVC code, billing address and other information that we request from you in order to process your payment and check them carefully before you click “pay” as we can’t amend mistakes afterwards. We may not be able to process your payment or deliver your products if the information you provide is incorrect.
Except as set out below, shipping charges will apply for delivery of physical products purchased from the Online Shop. These shipping charges will be notified to you at the time of your purchase. Shipping charges are based on weight and distance and will vary dependent on your location.
Delivery and dispatch times
As your items are custom made, we require some time to produce the items and to ensure the utmost quality, your items will be dispatched to you within 6 weeks of you placing your order and us confirming your order (whichever is later). Delivery times may vary and guidance on this can be found in the product details and you will also be sent a dispatch email with further guidance.
Please note that these times are intended as a guide only, and we are unable to guarantee delivery of your guide by or within a certain time.
Return to sender parcels
If your products are returned to us by the postal service because you haven’t taken delivery, we will contact you to let you know. If the product has been returned to us as a result of our error, we will re-send the product to you by standard post for no extra charge.
If you provide an incorrect delivery address and the order is returned to us, or you fail to take delivery, we will either:
- redeliver the product to the correct address, if provided, subject to payment of additional delivery costs, or
- refund the value of the product (excluding delivery costs) dependent on whether it remains in a resalable condition. You will be responsible for any additional charges incurred including re-delivery costs.
If the order is not returned to us, you will not be eligible for a refund or re-delivery. what3words accepts no responsibility for deliveries made to incorrect or incomplete addresses provided by customers. In this case, you will need to place a new order with the correct details.
- Returns and refunds
Defective or Damaged Products
If your purchase is in any way defective, damaged or not as described in the product’s description page of the Online Shop, please contact us as soon as possible with your proof of purchase, and we will arrange for a replacement product or refund where necessary. We may request that you take an image of the item for us to review before we can process any such refund. As stated above, failure to provide your correct 3 word address for Sign orders do not qualify for a refund unless we are at fault in producing a Sign that did not correspond to the one you ordered – as all Signs are made to order. Please ensure you double check all orders before submitting.
For partial returns, refund amounts will be calculated against any discounts claimed at the time of ordering.We may request that you send us back the item – in these instances please ensure you keep your proof of return postage.
Changing Your Mind
For Sign purchases and anything else custom made, as they are custom made and made to order, we cannot provide a refund should you change your mind.
For all other goods – you have the right, under consumer laws, to a “cooling off” period of 14 days from the date you receive your products, during which time you can change your mind and receive a refund (subject to certain deductions – see below).
To change your mind, please let us know within the 14-day cooling off period by contacting us. We will get in touch with you as soon as we can and give you the address to which you need to send your return. You need to make sure you send the products back within 14 days of telling us you want to change your mind. You will need to pay the costs of return postage.
Within 14 days of receiving your returned product, provided it is in a perfect, unused condition, we will refund you the amount you paid by the same method as your original payment, including the initial delivery cost at the least expensive rate. So, for example, if you have paid for express delivery, we cannot refund the additional cost of the express delivery over the cost of the standard rate. For partial returns, refund amounts will be calculated against any discounts claimed at the time of ordering. We cannot refund any credit card fees, brokerage fees or import duties, as these amounts go directly to third parties, not us.
If we do not receive your returned product, we cannot refund it, so please ensure you keep your proof of return postage.
- Intellectual Property Rights
All intellectual property rights, including copyright, in the content of the web pages and trademarks, logos and service marks displayed on the site or on any products purchased from the Online Shop are owned and controlled or licensed by what3words. You may utilise any products purchased for your own personal use only. Except as set out above, these Terms do not grant, and nothing in these Terms should be construed as granting any licences or rights to use any of our intellectual property rights.
- Disclaimer and limitation of liability
We use reasonable care and skill to ensure the accuracy of the information we provide through the Online Shop and in all products purchased through the Online Shop. However, we do not accept liability (except as set out below) for any errors/ omissions in our Shop and reserve the right to change information, prices, specifications and descriptions of listed goods, products and services at any time and without notice.
EXCEPT AS PROVIDED BY LAW, THE ONLINE SHOP AND ALL PRODUCTS PURCHASED THROUGH THE ONLINE SHOP ARE PROVIDED ‘AS IS’ AND “AS AVAILABLE” AND WITHOUT ANY WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXCLUDE ALL IMPLIED REPRESENTATIONS AND WARRANTIES (INCLUDING, FOR THE AVOIDANCE OF DOUBT, INCLUDING THOSE IN RELATION TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WHICH, BUT FOR THE TERMS, MIGHT APPLY IN RELATION TO YOUR USE OF THE ONLINE SHOP OR OF PRODUCTS PURCHASED THROUGH THE ONLINE SHOP.
WE ARE NOT RESPONSIBLE FOR:
- LOSS THAT WAS NOT REASONABLY FORESEEABLE;
- LOSS THAT WAS NOT CAUSED BY OUR BREACH OF CONTRACT OR BY OUR NEGLIGENCE;
- INDIRECT OR SECONDARY LOSS THAT ARISES FROM ANY BREACH BY US;
- LOSSES THAT RELATE TO A BUSINESS, SUCH AS LOST DATA, LOST PROFITS OR BUSINESS INTERRUPTION, THAT YOU OR A THIRD PERSON IS ENGAGED IN;
- LOSSES CAUSED BY ANY INACCURACY IN THE INFORMATION YOU PROVIDE TO US, SUCH AS DELIVERY OR PAYMENT INFORMATION; OR
- ANY INCREASE IN LOSS THAT WAS CAUSED BY YOUR BREACH OF CONTRACT OR YOUR NEGLIGENCE.
YOU MUST TAKE ALL REASONABLE STEPS TO MINIMIZE THE EXTENT OF ANY LOSS YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE ONLINE SHOP OR ANY PRODUCTS PURCHASED THROUGH THE ONLINE SHOP.
WE SHALL HAVE NO LIABILITY TO YOU FOR ANY DELAY IN THE DELIVERY OF PRODUCTS ORDERED OR ANY OTHER MATTERS TO THE EXTENT THAT THE DELAY IS DUE TO ANY EVENT OUTSIDE OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, WAR, FLOOD, FIRE, LABOUR DISPUTES, STRIKES, LOCK-OUTS, RIOTS, CIVIL COMMOTION, MALICIOUS DAMAGE, EXPLOSION, GOVERNMENTAL ACTIONS AND ANY OTHER SIMILAR EVENTS.
OUR MAXIMUM LIABILITY TO YOU IN RELATION TO YOUR USE OF THE ONLINE SHOP IS THE AMOUNT PAID BY YOU FOR THE ITEM THAT IS THE SUBJECT OF THE CLAIM.
Nothing in these Terms shall seek to exclude or limit liability for death or personal injury resulting from our negligence or that of our servants, agents or employees or for any liability that cannot by applicable law be excluded or limited.
- Privacy & Data Protection
When purchasing from the Online Shop, you will need to supply us with your ‘personal data’, such as your name, email, phone number and delivery address in order to purchase products, or you may choose to subscribe to receive our newsletter.
If you are purchasing products, we collect and use your personal data so that we can fulfil your order and deliver it to you. Without this information, we would not be able to process your order or contact you if something goes wrong. We do not store credit card details, nor do we share your financial details with any third parties.
We may utilise your contact details, to send you a follow up email to confirm whether you were happy with your order in order to improve our services. If you’ve opted to subscribe for our newsletter, we will collect and use your information to send you what you’ve asked for. However, you may unsubscribe at any time using the unsubscribe link at the end of all emails.
Your contact details will not be passed on to marketing companies but we may disclose your contact information to business partners or service providers who help us provide the Online Shop services, such as payment processing companies, technical infrastructure and analytics service providers.
Personal data may also be stored and accessed in countries outside of the European Union, for example, some of our service providers may be located in countries such as the United States. Where this is the case, we ensure that such service providers are contractually obliged to protect data to EU standards e.g. by subscribing to the EU-US Privacy Shield or by subscribing to EU approved binding corporate rules.
We store your personal data for a reasonable period of time to allow us to provide you with the service, for own accounting, tax and legal purposes, and for monitoring and improving our service.
Should you have any queries in relation to our use of your personal data, we encourage you to get in touch at firstname.lastname@example.org.
Complaints or disputes
If you have a complaint or dispute with what3words, we’ll always try to sort it out if you contact us.
If, after contacting us, you’re not happy with the resolution, alternative dispute resolution is available, including at http://ec.europa.eu/consumers/odr/ if you are a citizen of the UK or EU.
No waiver by us shall be construed as a waiver of any preceding or succeeding breach of any provision.
Each provision of the Terms shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
These Terms govern our relationship with you. You confirm that, in agreeing to accept the Terms, you have not relied on any representation except where that representation has been made a term of these Terms and you agree that you shall have no remedy in respect of any representation. Your statutory rights are not affected by these Terms. Nothing in this paragraph shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Terms.
Forms of Communication
You agree that we may contact you by e-mail in relation to your order and these Terms.
Governing Law and Jurisdiction
The law and jurisdiction that applies to these Terms and Conditions is the laws of England and Wales and both parties irrevocably submit to the jurisdiction of the courts of England and Wales in the event of any dispute or other issue arising from these Terms and Conditions or your use of the Online Shop or purchase of goods.