Terms and Conditions
Application of Terms and Conditions
These terms and conditions apply to all contracts between you and us.
Frequently Asked Questions
- Meaning of key words
- About WHSmith.co.uk
- The agreement (contract) between you and us
- Customer service
- Accessibility of our website
- Your privacy when you shop online with us
- Availability of products
- Age restrictions
- Delivery restrictions
- Prices and VAT
- Promotions and discounts
- Payment details
- Cancelling orders
- Limitation of liability
- Governing law
- Statutory rights
- Gift Experience Terms & Conditions
Meaning Of Key Words
"We", "us, "our", means WHSmith.co.uk
"You", "your" means the person ordering products under these terms and conditions.
"Working days" means all days other than Saturdays, Sundays, and Public Holidays.
"Product" means the product or products you have ordered from us.
We are operated and managed by WHSmith High Street Limited, Greenbridge Road, Swindon, Wiltshire, SN3 3RX.
The agreement (contract) between you and us
After you place your order we email you a summary of your order.
Once we're about to send out your order, we debit your payment card with the total cost of the items we're sending you. If you paid with a Gift Card we will charge the card when you place the order.
The contract between us is only created once we send you the products you ordered, and not before. It means we have accepted your offer and fully communicated this to you.
You may cancel any order prior to the point at which we email you to confirm dispatch of your order (in certain circumstances your right to cancel continues until 7 working days after the day of delivery). See Cancelling Orders below
Though we check our system frequently to try and avoid errors, things can occasionally go wrong with the ordering process. If we make a mistake we will do our best to put things right as quickly as we can, with as little inconvenience to you as possible. We do however reserve the right to cancel any order for any reason at any time prior to dispatch, for example (but not limited to) where there is an obvious material mistake in the price or product information.
All orders are made subject to these terms and conditions.
We aim to give you outstanding service. If you have any comments or complaints, contact our Customer Services team
Accessibility of our website
We want to make using our site as easy as possible, which includes making it accessible for people with disabilities.
WHSmith.co.uk is designed to work with assistive technologies like screen readers. We've made important changes to the design in line with our aim to achieve a high level of accessibility, defined as AA compliance by the World Wide Web Consortium (W3C).
Your privacy when you shop online with us
We want you to be able to shop with confidence on our site, which is why we take the privacy of your personal information very seriously.
When you shop with us, you give us certain personal details, such as your name, email address and payment address. We hold such information securely using SSL encryption software. SSL stands for Secure Sockets Layer which is the industry standard security technology for keeping data private during online transactions. This means your personal information cannot be read by anyone who should not see it.
You will notice the web address (URL) changes from http to https when you go through to the WHSmith.co.uk checkout. This shows that the site is using SSL and your details are protected.
We comply with all applicable data protection legislation, and we treat all your personal information as confidential. We are committed to protecting your privacy and developing technology that provides a safe online experience.
To process your order efficiently, reputable third-party banking and distribution institutions handle the credit and debit card transactions and order fulfillment. They receive the information needed to verify and authorise your payment card and to process your order. These organisations are under strict legal and contractual obligations to keep your personal information private.
We do not require you to create an account to shop with us. New customers have the option to create an account by adding a password after they have checked out.
Cookies are small text files. Many websites place cookies on your computer when you visit. Cookies are used to make websites work, or to make them work more efficiently, and to provide useful information to website operators.
Many web browsers allow users to control most cookies through their browser settings. However doing so will prevent the checkout from working and you will not be able to place orders.
The cookies we use and their purposes are listed in our Help pages. More information about cookies, including details on viewing what cookies have been set and how to delete them is available at: visit allaboutcookies.org.
Availability of products
We update our availability information regularly but occasionally a product may run out between updates.
We do our best to dispatch your products within the lead time shown on the product page when you order. If this is not possible, your order will be sent out as soon as the goods become available. If we can't supply your order within 60 days, we will cancel the order - except for products that have not been published or released yet.
The dispatch and delivery times shown are approximate and delays can sometimes occur. Delivery times are based on Working days (Monday-Friday, excluding Public Holidays).
We will email you as soon as your order is ready to be dispatched.
You must be over 18 to use WHSmith.co.uk. By creating an account you confirm that you are at least 18 and legally capable of entering into a binding contract.
When you place an order this means you are aware of any age restrictions on the products and agree that you are old enough to buy them.
Certain products are subject to delivery restrictions. You will find details of any delivery restriction displayed on the product page. We can only send products to UK addresses.
PO Box addresses: in some instances we may not be able to deliver parcels to PO Box address - we will let you know if there is an issue.
Prices and VAT
Prices shown on this site include VAT, where and to the extent that VAT is required to be applied to the product under UK VAT law.
Delivery charges are extra. See full details of delivery charges
We make every effort to ensure the prices on our website are correct but we can sometimes make a mistake. If we notice a material price mistake before we dispatch something you have ordered, we will ask if you want to pay the correct price or cancel your order. If we do not hear from you, we will cancel your order.
We reserve the right to change prices listed without notice. All orders for products are subject to availability. We reserve the right to refuse to supply to any individual or company.
Promotions and discounts
All promotions are subject to availability. Prices and promotions change a lot online. We will always charge you the price we gave you when you placed your order, even if a promotion is subsequently withdrawn.
- Book and magazine discounts are taken off the recommended retail price (RRP).
- Stationery, gifts, games, toys, computing and electronics discounts are taken off the previous selling price
To qualify for a multi-buy discount, e.g. buy 3 for the price of 2, you need to select the right number of products. If not, you will be charged the normal price.
The products that qualify for the multi-buy discount will be shown in your basket. The extra discount will be applied automatically to your total basket price (the cheapest item will be discounted/free). You cannot cancel a single item that you bought as part of a multi-buy promotion - you need to cancel all of the promoted products.
All product prices and delivery charges are shown in UK pounds sterling.
We accept payment by Visa, MasterCard, American Express, Maestro, Delta and JCB.
Before we confirm your order we carry out a standard pre-authorisation check on your card to make sure there is enough money available to pay for it.
We ask your bank to set aside (or reserve) the money in your account to pay for your order. Although this money may still show in your account, you won't be able to spend it. We typically reserve funds for 7-10 days and take the money when we send your order to our distribution centre for picking.
Your card will only be charged when the items in your order are ready to be dispatched.
On rare occasions when we go to pick your item(s) we may find that it is damaged or we do not have the item in stock. In these circumstances, we will have charged your credit / debit card expecting to dispatch your item(s). Therefore, we will refund the order and re-order the item(s) on your behalf. Your statement will show a charge and refund in short succession. We will then charge your card when the item(s) comes back into stock and we are ready to dispatch it.
If your order is spilt into multiple deliveries, we add the delivery charge to the first item(s) we send you. You are only charged for each additional item in your order when it is sent.
Our system can hold several payment cards per account. Your order will be charged to the payment card that you assigned to it.
We also accept payment by WHSmith Gift Cards and PayPal. When you pay with a Gift Card or PayPal we charge the card when you have placed the order. If we are unable to fulfill the order we will refund your Gift Card or PayPal account.
You can cancel WHSmith orders under 3 different circumstances:
1. Cancellation before we have instructed our warehouse to pick the item(s) and send them to you
2. 7 working day cooling off period for certain items ordered online
3. Faulty goods
Anything bought from a partner site must be returned according to their terms and conditions. See partner sites' contact details
1. Cancellation before we have instructed our warehouse to pick the item(s) and send them to you
You can cancel any order for any reason if your cancellation reaches us before we have emailed you confirmation that the Products have been dispatched.
If you created an account in checkout you can cancel your order online by following these steps
1. Login to My Account
2. Go to My Orders
3. Click the View button next to the order
4. Click Modify this Order
5. Either click Cancel Entire Order or if you wish to cancel a product(s) within an order amend the number of each item you would like to receive and click Update Order
- If your order has progressed to a point where it cannot be cancelled you will not be shown this option. See option 2 below for returns once you’ve received the items.
- If your order was for a multi-buy (eg. Buy One Get One Free, £5 when you spend £20) you can only cancel all the items in the promotion. If an item has been dispatched the other items cannot be cancelled. See option 2 below for returns once you’ve received the items.
2. Your legal '7 day cooling off period' cancellation rights
UK consumers and consumers from the rest of the European Union have the right to cancel contracts for the purchase of items within seven (7) Working days of the day after receipt of the ordered goods.
This policy does not apply to the following goods, which are exempt from the right to cancel:
- periodical(s) or magazine(s)
- Magazine Gift Packs or Experience Gift Packs which have been activated.
- Digital products such as CDs, DVDs, or computer software where the holographic seal and/or shrink-wrap has been unsealed.
- Products made to your specification i.e. personalised
- perishable goods
You can cancel your contract at any time up to 7 working days starting the day after delivery. To do this, please contact our Customer Service team with your order number ready.
Once you have let us know, you then need to return the unwanted Products to us (preferably in their original packaging or otherwise adequately packaged) as soon as reasonably practicable.
Return to store:
Return the item to a WHSmith High Street store along with the email we sent you when we dispatched it. Refunds are only made onto the card that made the original payment, not in cash. PayPal payments are refunded to your payment card.
Return by post:
The return is at your own risk and at your own cost and we will not refund your costs in returning the item to us and other services provided to you in connection with the purchase such as recorded or courier delivery. Include the reason for the return, your order number and your email address or telephone number. Where you fail to return the unwanted Products, we are entitled to collect the Products and charge you our costs for so doing.
If you fail to return the goods, we will collect them, and we will charge you the direct cost of collection. If you fail to take reasonable care of the goods before they are returned to us, and this results in damage or deterioration, we will charge you for the reduction in value.
This cancellation policy does not affect your legal rights - for example, if goods are faulty or misdescribed.
3. Faulty or misdescribed Goods
You should inspect any Product(s) you purchase from the website as soon as you can after delivery and notify us if you consider they are defective as soon as possible. If a Product is incorrect, faulty or defective you are entitled to either:
1. ask us to repair the Product(s) at our own expense;
2. ask us to supply replacement Product(s) free of charge; or
3. ask us to reimburse the price paid for the relevant Product(s) to the credit, or debit or Gift card used to purchase the goods.
If you are sending something back that's faulty or incorrect due to our error, we will refund the return postage costs to your payment card, but not in other circumstances.
If the item is not working, refer to any warranty information relating to it. It may be quicker for you to get a replacement product direct from the manufacturer rather than by returning it to us.
You have statutory rights against us and any warranty applicable to an item is additional to those rights. You can also obtain free legal advice on your statutory rights in relation to faulty or misdescribed goods from Trading Standards (via Citizens advice Consumer Service on 08454 040506) or your local Citizens Advice Bureau. Our Customer Service Team will also be able to advise you.
Limitation of liability
If either of us fails to comply with these Terms, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Terms.
Nothing in these Terms shall exclude or limit our liability for:
1. death or personal injury resulting from our negligence;
2. death, personal injury or damage to property caused by a defective Product;
3. fraud or fraudulent misrepresentation;
4. breach of the term implied by section 12 of the Sale of Goods Act 1979;
5. breach of the terms implied by section 2 of the Sale of Goods and Services Act 1982 (that you will have quiet possession of Products you purchase and that Products you purchase will be free from encumbrances).
Subject to the above, our total liability to you for all and any damages, losses, and causes of action shall not exceed the total of the amount paid by you, if any, for accessing the Website, purchasing the Products and/or using the Services provided via the Website and any foreseeable consequential loss or damage you may incur as set out above.
If you need more information about what the laws referred to say, please contact us. Depending on your question we may suggest that you obtain free legal advice from Trading Standards or the Citizens Advice Bureau (Citizens Advice Consumer Services).
If any part of these terms and conditions is found to be unenforceable as a matter of law, the enforceability of any other part of these terms and conditions will not be affected.
If any invalid, unenforceable or illegal provision of these terms would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
These terms and conditions and any contract between us are governed by English Law and we both agree to the non-exclusive jurisdiction of the English Courts.
Nothing in these conditions will reduce your statutory rights relating to faulty or misdescribed goods. For further information about your statutory rights contact your local authority Trading Standards department or Citizen's Advice Bureau.
WHSmith.co.uk and/or their respective suppliers make no representations or warranties about the accuracy, completeness or suitability for any purpose of the information contained in the documents and related graphics published in this site; or any of the products of whatever nature, details of which appear on this site.
All such documents and related graphics are provided, and any such products (where ordered) are accepted by customers, "as is" and without warranty of any kind.
All product(s) are ordered subject to availability, and prices quoted by WHSmith.co.uk are subject to change. Should a price change outside the guidelines indicated on our Help pages, we will contact you by email and ask if you wish to proceed. You will have no obligation to purchase the product(s) at the new price quoted.
We reserve the right not to sell to customers for re-sale purposes.
Prices advertised online by WHSmith.co.uk are valid only when purchasing items from WHSmith.co.uk. Prices may differ from those advertised by other parts of the WHSmith Group; orders placed in store will be charged at the selling price in store.
Although using the latest encrypted security software from Comodo, the security of information and payments transmitted via the Internet cannot be guaranteed. Any losses incurred or sustained by users who transmit information by means of email or other internet link shall be borne solely and exclusively by such user and in no event shall any such losses in whole or part be borne by WHSmith.co.uk.
All brand names, product names and titles used in this site are the trademarks or trade names of their respective holders. No permission is given in respect of use of any of the above, and such use may constitute an infringement of the holders' rights.
Gift Experience Terms & Conditions
Please read this section carefully before purchasing your activity gift voucher. These terms and conditions form the basis of a contract between Activity Superstore, and you (the purchaser and/or any subsequent holder of the activity gift voucher).
Terms and conditions
Vouchers are valid for a minimum of nine months (excluding promotions). Please check the season of any intended activity, as this may be shorter than the Voucher validity. You will find the expiry date printed on the Voucher. You must book and complete your activity prior to the expiry date. If you are unable to use your Voucher within the validity period, the Voucher can be extended for a period of up to six months (excluding promotions). A Voucher can only be extended once and must be done while the voucher is valid. Extended Vouchers cannot be refunded. A £20 administration fee is payable if you choose to extend your validity. Promotional vouchers cannot be extended.
Choosing your activity
You may use your Voucher to book any of the activities from our website. If you have not already been provided with a Voucher for the type of activity you are interested in, or wish to change to another activity type, contact us on the number provided or via our website and you will be sent a Voucher for that activity. If appropriate, your original Voucher will be replaced. Contact us again when you have decided which activity you wish to enjoy. A difference will be payable if the chosen activity costs more than the face value of your original Voucher and the value of your Voucher will be increased. If your chosen activity is cheaper, Activity Superstore will hold the difference as a credit against another activity. In this case, the credit holds the same expiry date as the original Voucher. Please note you may not be able to change your mind once a date has been booked with a supplier.
Exchanging your Voucher
A Voucher can be exchanged only once for another Voucher, up to the face value stated on it and subject to the restrictions below , without incurring a fee. An administration fee of £20 will be charged for a second and final exchange, (as no more than two exchanges in total are permitted). If you wish to combine or merge more than one Voucher together, as part of the exchange process, then this can be arranged however subject to the following restrictions; You can merge no more than two Vouchers together; if the Vouchers have different expiry dates then the earlier expiry date is taken forward onto the replacement Voucher, not the later date; only Vouchers purchased from the same retail chain or website may be merged together; and you may not merge any Vouchers previously merged or exchanged. Please note Activity Superstore promotional products, tangible gift products and Fresh Weekend products are excluded from the list of exchangeable products.
In order to enjoy your chosen activity and to arrange a time and place for your activity, you can choose the particular provider of the activity that you are interested in, phone us, the provider or book via our website. You may be required to send your Voucher to the chosen provider to confirm your booking in advance: if so Activity Superstore recommends you keep a record of your Voucher number and use registered post, as your Voucher is a valuable document. Customers should also note that your Voucher must be presented on the day, in order to participate in the activity. If lost, Activity Superstore regrets that Vouchers cannot be replaced. Please note you may not be able to change your mind once a date has been booked with a supplier.
Description and photography
Activity Superstore have tried hard to ensure that descriptions, illustrations and experience titles used in the Voucher packs, in all our literature and our website are accurate, however, photographs and experience titles are intended to give a general idea of the activity described, and do not form part of any contract between you and Activity Superstore. Please note depending on the location you choose the experience title may differ to that of experience title used by our suppliers, but this does not effect your entitlement as described in your Voucher pack.
Where applicable, the price of the Voucher includes the cost of providing you with personal accident insurance cover to participants up to 75 years old. This insurance cover is only included if indicated on your Voucher and is not available for activities that take place abroad. Full details of insurance cover are available on request.
If you are not satisfied with your Voucher pack, please call us within 28 days of purchase and (on behalf of Activity Superstore) we will happily arrange a full refund on receipt of your Voucher. Refunds will be paid back onto the credit/debit card used to place the original order, or by cheque. No interest will be paid on the amount to be refunded. Refunds cannot be issued once a date has been booked with the provider.
Activity Cheques can be redeemed for any activity or gift from our website excluding overseas activities. A difference will be payable if the chosen activity costs more than the face value of your activity cheque. If your chosen activity is cheaper, Activity Superstore will hold the difference as a credit against another activity. In this case the credit holds the same expiry date as the original activity cheque.
Age, size and health restrictions
For safety reasons, some activities have certain size, age and health restrictions. You are required to notify Activity Superstore and/or the provider of any relevant medical condition. Our Customer Contact Centre/or the provider can advise of any restrictions at the time of purchase and/or booking. However, you should note that you must be 18 or over to purchase any product containing alcohol.
Activity availability and timings
These are given as a guide only, and you may be required to wait between different elements of the activity alongside other participants.
If Activity Superstore cancel or change your activity
If Activity Superstore cancel your activity, (on behalf of Activity Superstore) we will tell you as soon as possible, and do our very best to offer an alternative date or location. If specific celebrities or vehicles are featured but are not available on the day for reasons beyond our control, we will try to find the best possible replacement. If this is not possible, Activity Superstore reserves the right to cancel your activity at short notice and re-book you or, alternatively, to offer a refund. Activity Superstore reserves the right to reschedule the timings or location of any activity owing to unavailability of the activity, insufficient numbers making the activity unavailable, and other factors beyond Activity Superstore's control. Activity Superstors reserves the right to discontinue an activity, venue, or individual supplier at its own discretion. Activity Superstore will endeavour to offer a suitable alternative activity of the same value, however, if not Activity Superstore will refund your Voucher in full. If you decide to book a different activity and the price of that activity exceeds the face value of your Voucher, you will be expected to pay the difference. Activity Superstore also reserves the right to make minor changes to your activity. Examples of minor changes include car specification, or order of activities on a particular day.
Activities may be cancelled due to weather conditions, mechanical failure, or for other reasons beyond Activity Superstore's control. If your activity is cancelled because of the weather, you will be able to rebook for a date on which you are able to attend or, alternatively, to a refund for the activity Activity Superstore is unable to reimburse travel, accommodation or other incidental expenses incurred by you in attending an activity which is cancelled for any reason.
In case of problems
In case of a problem, please speak to the activity provider on the day, so they have the opportunity to resolve any problems there and then. Any other complaints should be addressed with the customer service department at Activity Superstore, who will take up the problem with the supplier on your behalf.
We reserve the right to change activity prices without notice, provided we inform you before the activity is booked. Vouchers will not be issued until payment is collected in full. Prices in our printed material and on our website are inclusive of VAT.
Contracts (Rights of Third Parties) Act 1999
A person who is not named on the face of the Voucher or activity purchase letter has no right under the Contracts (Rights of third Parties) Act 1999 to enforce any terms and conditions of booking. These terms and conditions do not affect your statutory rights as a consumer, and are governed by and in accordance with English law. The purchaser and Activity Superstore agree that any problems fall under the jurisdiction of the English courts. All the clauses and sub clauses in our terms and conditions are independent of each other. If one clause or sub clause is invalid or unenforceable, this will not affect any other clause or sub clause.
Divergent Tickets Competition Terms and conditions
1) Winners will be given 2 x tickets to the European Premiere of Divergent. The Premiere will take place on Sunday 30th March at the Odeon in Leicester Square, London. It will be attended by Shailene Woodley, Theo James, Kate Winslet and director Neil Burger
2) Doors open at 1.30 pm and all competition winners must be in their seats by 2.30 pm at the latest. Competition winners are invited to dress like their favourite Faction, which basically means everyone will be in all black!
3) We have 3 x pairs of tickets to give away
4) Winners must provide their email addresses to WHSmith by 10am on Thursday 27th March 2013. If they do not, they will not be given tickets to the event and they will be redrawn.
5) Winners will be emailed their tickets on Friday 28th March 2013. Winners must print these tickets and bring them with them on the day to gain admittance to the event.
6) Divergent has a 12A certification. Anyone under 12 must be accompanied by an adult
7) Entrants must be 16 years or older
8) Your eTicket entitles you to bring yourself and one other into the event
9) Travel to and from the event is not provided
10) Competition closes at 4pm on Wednesday 26th March 2013.