Website Terms and Conditions
Application of Terms and Conditions
These terms and conditions apply to all contracts between you and us.
WHSmith.co.uk Terms and Conditions
Updated November 2020
- 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
- Click & Collect
- Gift Experience Terms and Conditions
- Magazine Subscriptions Terms and Conditions
- Promo Code Terms and Conditions
- WHSmith Online Digital Events
- Competition Terms and Conditions
- Gift Card Terms and 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.
- Registered in England and Wales: number 6560339
- VAT registration number: GB238 5548 36
The Agreement (Contract) Between You and Us
After you place your order we email you a summary of your order.
We charge your payment card, Paypal or Gift Card with the total cost of the items we're sending you and any delivery fees.
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 30 Calendar days after the day of delivery). See Cancelling Orders below
Though we check our system frequently to try to 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. Please refer to “Magazine Subscriptions Terms and Conditions” in relation to any magazine subscription ordered.
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 such as 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) is 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 fulfilment. 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.
For more information about our Security and Privacy policies, see our Help pages
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.
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 30 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 placing an order 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.
For products which require age verification before purchase, our system will run a check using the customer's name and date of birth, or their credit card or PayPal account, to confirm that they are above the legal age to buy them. WHSmith cannot sell age verified items to any customers who fail this check.
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 may vary from WHSmith stores; the prices you see online are only valid on the website, not in our stores.
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 or cover 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 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 Credit Cards, Debit Cards, Paypal, Laybuy and WHSmith Gift Cards.
We charge for all the items and delivery fees when you place your order.
Credit and Debit Cards we accept are Visa, MasterCard, American Express, Maestro, Delta and JCB.
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.
Our system can hold several payment cards per account. Your order will be charged to the payment card that you assigned to it.
If we are unable to fulfill the order we will refund you to the payment type you used.
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
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 have a WHSmith account, 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.
6. We will email you to confirm that we have cancelled your order.
If you do not have a WHSmith account, you will need to contact our Customer Services Team to request a cancellation.
2. Your legal '14 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 fourteen (14) calendar days of the day after receipt of the ordered goods. We offer an extended cooling off period of 30 calendar days 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
- Digital downloads, including e-gift cards
You can cancel your contract at any time up to 30 calendar days, starting the day after delivery. To do this, please return your item(s) to us by post or to a WHSmith highstreet store. Unwanted products should preferably be returned in their original packaging or otherwise adequately packaged, and returned 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. Items paid for by Laybuy cannot be returned to store.
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. We may withhold refund until the item(s) are returned (or evidence of return is provided by you).
To return items over 1m long, arrange collection: If you wish to return an item over 1m long please contact us to arrange collection.
If you fail to return the goods, we are entitled to collect them, and 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:
During the first 30 days after the delivery date
- 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.
During the first 6 months after the delivery date:
- ask us to repair the product(s) at our own expense;
- ask us to supply replacement product(s) free of charge
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 03454 040506) or your local Citizens Advice Bureau. Our Customer Service Team will also be able to advise you - call them on 0333 6005000 or fill out our Contact Form.
You are also entitled to settle any dispute through the online resolution platform
Anything bought from a partner site must be returned according to their terms and conditions.
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:
- death or personal injury resulting from our negligence;
- death, personal injury or damage to property caused by a defective Product;
- fraud or fraudulent misrepresentation;
- breach of the term implied by section 12 of the Sale of Goods Act 1979;
- breach of the terms implied by sections 9, 10 and 11 of the Consumer Rights Act 2015 (that Products we sell will: (a) correspond with any description we provide; (b) be fit for purpose and (c) be of satisfactory quality);
- 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.
Click & Collect Terms and Conditions
All standard terms and conditions for shopping online with WHSmith.co.uk apply to Click & Collect orders.
Our standard deliveries into store for click and collect orders are every Tuesday and Friday. Order cut off for delivery into store on Tuesday is Monday at 23:30 and for delivery into store on Friday is Thursday at 23:30. Bank Holidays may result in changes to planned delivery days.
You will receive an email when your order is ready to collect from store. Please do not attempt to collect your order before you receive this email. You will need to bring a copy of your collection notification email to the Click & Collect point in store to pick up your order. We will accept the email shown on your smartphone or as a print-out.
Not all products on the WHSmith website are available for Click & Collect.
Gift Experience Terms and 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). If you have an issue with an Experience Gift please contact our Customer Service team by phone on 0333 6005000 or email them.
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.
Magazine Subscriptions Terms and Conditions
If you are purchasing a Magazine Subscription that is not a Gift Pack, please read this section carefully as the following terms and conditions vary from our standard terms and conditions.
The Agreement (Contract) Between You and the Publisher
We act as undisclosed agent for publishers of magazines that provide magazine subscriptions. After you place your order we will email you a summary of your order and we will take payment from you. We will then pass your order to the relevant magazine publisher who will enter into a contract on the terms set out below with you. Once they have confirmed the order to us (this may take up to 10 days) we will email you confirmation that the publisher has received your order.
The contract between the publisher and you is only created once we have confirmed to you that the publisher has received your order.
Availability of Products
Your magazine subscription will usually start with the next available issue for the relevant magazine and will not normally be the issue currently available. The delivery estimate for the next available issue of the magazine will be sent to you when we confirm the publisher has your order.
If you wish to cancel your magazine subscription you will need to contact our Customer Service team as your order is passed immediately to the magazine publisher following receipt.
UK consumers and consumers from the rest of the European Union have the right to cancel contracts for the purchase of items within fourteen (14) calendar days of the day after receipt of the ordered goods. We offer an extended cooling off period of 30 Calendar days after receipt of the first instalment of your ordered goods. However, in relation to magazine subscriptions once the first magazine has been delivered you will not be able to cancel your order after the extended cooling off period of 30 days.
If you are not satisfied with your magazine subscription after you have received your first issue please contact the publisher of your magazine, whose details you will have received in the first instance. Refunds at this stage are at the discretion of the publisher.
WHSmith Online Digital Events Terms and Conditions
Please read these terms and conditions carefully before participating in any WHSmith Online Digital Event.
1. The ‘Meet the Author’ event “Event” hosted on WHSmith.co.uk or any of its official social media channels (“Social Media”) is organised by WHSmith High Street Limited (company number: 06560339) whose registered office address is Greenbridge Road, Swindon, Wiltshire SN3 3RX (the “Promoter”).
2. By participating in this Event, you accept, without limitation or qualification, the terms and conditions set out herein (these “Terms”) without modification, and you confirm that you are eligible to do so. By participating in the Event, you acknowledge that you have read, accepted and are bound by these Terms. This is the case notwithstanding any subsequent acknowledgement by you of these Terms.
3. These terms are amended from time to time. These terms were most recently updated on 16th December 2020.
4. We do not guarantee that WHSmith.co.uk (our “Site”), any content on it (e.g. social media posts and images, and/or the contents of any live event streams or subsequent recordings (the “Content”)), or any of our official social media channels will always be available or be uninterrupted. We may suspend, withdraw or restrict the availability of all or any part of our site at any time for any reason without notice.
5. WHSmith do not control and accept no responsibility for information, language and/or materials posted to or expressed in the Event or Content by participants, hosts, speakers, guests or sponsors (“User-Generated Content”) and cannot guarantee the veracity or accuracy of any such User-Generated Content. All use of WHSmith.co.uk, officially associated sites or Social Media is at participants’ own risk and participants should not rely on User-Generated Content in any way.
6. Participants may not, publish, link to, upload, download, send, distribute, use or re-use any information or material which: (a) is obtained in breach of confidence or which contains confidential information or infringes any intellectual property rights or rights of privacy or other rights of any third party; (b) is offensive, threatening, abusive, indecent, defamatory, obscene; (c) is unlawful; (d) constitutes unsolicited advertising or promotional material of any type; (e) constitutes or contains a virus or other harmful component or malware; or (f) which is or could be taken to be the provision of advice (including, without limitation, investment advice).
7. All Intellectual Property Rights in Events and in the Content are the property of WHSmith or it’s third-party content providers. WHSmith may provide a licence to third parties, including but not limited to Event Sponsors and third-party collaborators, to use the Content at its sole discretion.
8. WHSmith, or it’s third-party partners are not responsible for the reliability or continued availability or speed or quality of the telephone or internet lines and/or equipment that you use to access any Event or Content, or any technical issues which may arise as a result of your failure to ensure compatibility of our technology with your systems. WHSmith accepts no responsibility where an Event or to Content may not be available as a result of downtime for repairs, maintenance and/or repairs to WHSmith.co.uk, it’s official social media channels or other websites, Online Event Platforms and systems.
9. Participants are responsible for all access to any Event, Online Event Platform and/or Content by them or anyone else using their user names and passwords and for preventing unauthorised use of any such user names and passwords. If you believe there has been any breach of security (such as the disclosure, theft or unauthorised use of any user name, password or any payment information), you must notify WHSmith immediately by emailing the email@example.com.
10. You must not misuse our site or official social media channels (our “Sites”) by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, any servers, computer or database connected to our Sites. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Sites will cease immediately.
11. Participants may not use WHSmith.co.uk or its Social Media: (a) for any unlawful purpose; (b) to impersonate any person, company, group or entity or misrepresent a relationship to or with any of the same; or (c) to collect, store, disclose or otherwise process any personal data in relation to your use of any Interactive Area without the express consent of the relevant individual.
Although WHSmith’s Event programmes are correct at the time of publication, WHSmith reserves the right to change the format, Content, speakers, hosts, moderators and/or timing of an Event. WHSmith will endeavour where possible to notify all Participants of any such changes prior to an Event. In exceptional circumstances, WHSmith may need to cancel or postpone an Event, in which case we shall notify you as soon as reasonably practicable and shall endeavour to reschedule the event within two months of the original Event date. In the event of cancellation for events where tickets were bought by participants, WHSmith shall issue Participants with a full refund of relevant Fees paid by the participant. In the event of postponement, WHSmith shall offer you the option to re-register for the rescheduled Event or, issue the participant a full refund of relevant Fees paid by the participant. WHSmith’s liability to participants as a result of any cancellation or postponement of an Event shall be limited to the amount of Fees which the participant has paid to WHSmith for that Event only and WHSmith shall not be liable for any additional losses incurred by participants as a result of such cancellation or postponement. Refunds are subject to the WHSmith returns policy outlined here: https://www.whsmith.co.uk/help/shopping-with-whsmith/returns-and-requesting-a-refund/hel00012/
13. Participants may be asked to participate in any publicity or promotion organised by the WHSmith, which may include printing participant’s names (or surnames and counties) on the WHSmith website, or other group promotional material. If any Participant does not consent to participate in any/all publicity or promotional activities, they should notify WHSmith without delay in writing at firstname.lastname@example.org.
14. By submitting any personal information to us you consent to the use of the information as set out in these Terms.
15. The invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Terms shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
16. These Terms and any disputes or claims arising out of or in connection with them or their subject matter or formation (including non-contract disputes or claims) shall be governed by and construed in all respects in accordance with English Law.
WHSmith Privacy Terms and Conditions
Social Media - #yesWHSmith Terms and Conditions
By responding to our request with the hashtag #yesWHSmith or #YesWHSmith you agree to the following::
You grant WHSmith, through WH Smith High Street Limited (company number 06560339), (hereinafter referred to as “WHS”) a non-exclusive, royalty-free worldwide license to use any photos and/or moving content (hereinafter referred to as “Photos and Moving Content”) in relation to which you have responded #yesWHSmith, for its marketing and/or in its advertising, including the online store, emails, social media – WHS channels and paid social media, store materials, external marketplaces which WHS collaborates with and other customer communications conducted by WHS, it’s affiliates or partners. WHS may use, reproduce, distribute, combine with other materials, alter and/or edit your Photos and Moving Content in its sole discretion.
You hereby represent and warrant that (i) you own all rights in and to your Photos and Moving Content, (ii) you have permission from any person(s) appearing in your Photos and Moving Content to grant the rights herein, (iii) you are 16 years or older, and (iv) WHS’s use of your Photos and Moving Content will not violate the rights of any third party or any law. You hereby release and discharge WHS from all and any obligation to pay you for any use of your Photos and Moving Content and any of the intellectual property rights contained therein in connection with the uses described above; and You hereby release, discharge and agree to hold WHS and any person acting on WHS’s behalf harmless from all claims, demands, and liabilities whatsoever in connection with use of the Photos and Moving Content as described above.
Furthermore, you hereby waive, in respect of the Photos and Moving Content, all moral rights to which you may now or at any future time be entitled under the Copyright, Designs and Patents Act 1988 as amended from time to time and under all similar legislation from time to time in force anywhere in the world. This waiver is made in favour of WHSmith and shall extend to WHSmith's licensees, sub-licensees, assignees and successors in title to the copyright in the Photos and Moving Content or WHSmith’s business. These terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these terms, their subject matter or formation shall be governed by and construed in accordance with the law of England and Wales, and each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these terms.