GENERAL TERMS AND CONDITIONS OF SALE AND USE OF THE whalerco.com
WEBSITE (USA – JULY 2013)


Please read carefully the General Conditions of Sale and the General Conditions of use of the whalerco.com website. The purchase of any products offered on the whalerco.com website is subject to these Terms and Conditions ("Terms and Conditions of Sale").

Orders may only be placed on the whalerco.com website by individual consumers and corporations purchasing goods other than for resale. Any resale or distribution of Whaler products purchased on whalerco.com website is strictly prohibited.

Whaler may update these Terms and Conditions of Sale at any time without prior notice. For each order on whalerco.com  website, your acceptance of the Terms and Conditions of Sale in force at the date of the order will be requested.

 

Purchase - Terms of ordering

The whalerco.com website may be used to order a selection of Whaler products from Whaler, directly online via the Internet from the United States and abroad.

You may also place your order by telephone by dialing (650)-735-5614 from Monday to Friday, 9:00 a.m. to 5:00 p.m. PST, from anywhere within the United States, excluding Puerto Rico, Guam and all other U.S. possessions and territories situated outside North America.

An order can be placed for one or several delivery addresses. (see “Delivery Zone").

For each product selected on the whalerco.com website, a summary page will be displayed featuring a photograph of the item, its coloring and references, the quantity selected, its unit price and the total amount owed for your order. You should check that this information accurately reflects your selection before confirming your order. Upon confirmation, your order will be submitted to Whaler for processing.

While every effort is taken to try to ensure that the coloring, design and style of the Whaler products in the photographs displayed on the whalerco.com website are representative of the original products, variations may occur due to technical restrictions of color reproduction on your computer equipment. Whaler reserves the right not to accept or to cancel your order in our sole discretion for any reason without liability if, among other things, the products are not available, are incorrectly priced or are otherwise incorrectly described. Accordingly, Whaler shall not be liable for any error or inaccuracy in the photographs or graphical representations of Whaler products displayed on the whalerco.com website. If you have any questions about the products, you may contact our customer service by clicking on the hyperlink labeled "Contact".

Whaler reserves the right to cancel any order placed by a customer with whom it has a dispute concerning a prior order, or if Whaler has reasonable cause to suspect that such customer has violated these Terms and Conditions of Sale, or is engaged in any fraudulent activity or for any other legitimate cause.


Purchase - Availability

Our offers of products are valid as they are displayed on the whalerco.com  website, subject to availability. In the case of unavailability of a product after ordering, you will be informed by email or by phone as soon as possible, and it will be proposed to you either to order another item shown on the whalerco.com  website in substitution or to cancel your order. If you choose to cancel your order, you will be refunded if your bank account has been debited.

Whaler follows a “made to order” model for most of our products. Instructions about the availability of products are provided at the time of the ordering. We strive to deliver orders within the time frame initially quoted. Due to seasonal demand and manufacture capacity, this time frame is subject to change. If a substantial delay is seen, you will be notified through the contact information made to our database.

 

Purchase - Order Confirmation

At the end of the ordering procedure, you are invited to click on the "Pay" button, at which time your order will be transmitted to Whaler for processing and may not be  amended or cancelled except pursuant to the conditions provided for in the Terms and Conditions of Sale or in conditions provided for pursuant to applicable law. The confirmation of your order means your acceptance of the Terms and Conditions of Sale.

 

You will receive an order summary.

The data registered by the whalerco.com website establishes the terms of the transactions between Whaler and its customers. In the case of a dispute between Whaler and its customers relating to a transaction entered into using the whalerco.com website, the data registered by Whaler are the terms of the transaction.  Notwithstanding, Whaler reserves the right not to accept or to cancel your order if the products are not available, are incorrectly priced, or are otherwise incorrectly described.


Purchase - Price Payment

The prices of Whaler & Co. products are indicated in US dollars, excluding taxes and shipping costs (see "Shipping and Delivery").

Whaler reserves the right to modify the prices of products offered on the whalerco.com website at any time without prior notice. You will be charged the prices displayed on the whalerco.com website at the time your order was confirmed; however, Whaler reserves the right not to accept or to cancel your order if the products are not available, are incorrectly priced, or are otherwise incorrectly described.

You are required to pay for any order placed on the whalerco.com website immediately upon confirmation of your order. We only accept payment by charge card or credit card; personal or business checks are subject to a 7 business day delay after receipt before your order can be confirmed.

All orders are payable in US dollars. We accept the following charge cards and credit cards: MasterCard®, Visa®,  American Express®. Your order will only be confimed once we have verified your payment method and received authorization to process your payment.

Your charge card or credit card will only be debited when your order is dispatched. If any of the products in your order are unavailable, we will only charge you the prices, taxes and shipping costs for the goods available.

 

Purchase - Reservation of title

The ordered products remain the property of Whaler until full payment is tendered to Whaler

In case of a payment dispute, you undertake to return the received products to Whaler immediately upon request, and to assume the risks (in particular the loss, theft or damage) relating to the delivered products.

 

Shipping and Delivery - Delivery Zone

Goods purchased via the whalerco.com website may be delivered within the United States, and most of European, Latin American and Asian countries.

Goods will be shipped to the delivery address(es) specified during the ordering procedure.

 

Shipping and Delivery - Shipping costs

You will be asked to select the shipment method you would prefer as part of the order procedure.

Delivery costs (U.S.) depend on the value of your order and the delivery service you select:



U.S. Shipping:


Order value

Delivery service

Additional address cost

Ground

2-Day

Overnight

Up to $200.00

$15.00

$25.00

$30.00

$5.00

From $200.01 to $400.00

$20.00

$30.00

$35.00

$5.00

From $400.01 to $700.00

$25.00

$35.00

$40.00

$5.00

From $700.01 to $1000.00

$30.00

$40.00

$45.00

$5.00

$1000.01 or more

$35.00

$45.00

$50.00

$5.00

 

 

 

For delivery to Alaska or Hawaii, you will be invoiced a supplement of $10.

 

 

International Shipping:

 

 

Order value

Delivery service

Additional address cost

Fedex Economy

Up to $200.00

$35.00

$5.00

From $200.01 to $400.00

$45.00

$5.00

From $400.01 to $700.00

$55.00

$5.00

From $700.01 to $1000.00

$65.00

$5.00

$1000.01 or more

$85.00

$5.00

 

 

Shipping costs for each additional delivery address will be invoiced a lump supplement of $5,

We will inform you of the shipping costs for the shipment method you select in the order summary displayed on the whalerco.com website before you confirm your order. This amount will be payable by you in addition to the price, including taxes, of the goods ordered.

International customers are expected to received their order within seven to ten (7-10) business days after the parcel is dispatched. All international orders are subject to all local taxes and fees which may be payable prior to delivery, depending on your local customs and import regulations. Whaler is not responsible for any customs fees and import duties of all international orders. We strongly recommend that you to contact your local customs office for applicable duties and fees before placing your order.


Delivery Time - Time required for delivery

During the ordering procedure, we will inform you of the time required for delivery.

However, Whaler reserves the right to divide your order into partial shipments. In this case, your charge card or credit card will only be debited for the goods shipped and for a single shipment.


Delivery Time - Problems of delivery

For U.S. domestic orders, any failure to deliver or late delivery exceeding eight (8) business days should be reported to our customer service as soon as possible.

International customers are expected to received their order within seven to ten (7-10) business days after the parcel is dispatched. However, there have been cases of as long as fifteen to thirty (15-30) business days.

You should check that your shipment is correct on delivery. If there are any discrepancies in your order when the products are delivered to you, you should note the nature of the potential discrepancy (e.g., open package, damaged goods, etc.) by hand, if possible, on the delivery notice, and sign.

If the goods do not conform to your order or you are not satisfied with them, you may return them, exchange them or request a refund according to the terms and conditions contained in the section titled "Returns - Exchanges - Refunds".

 

Returns - Exchanges – Refunds

You may return any product ordered on the whalerco.com website for exchange or refund within fifteen (15) calendar days from the delivery date. Returned products must be in their original condition and packaging, together with their purchase invoice or a copy in the case of a partial return.

Returning a product for exchange or refund is free.

Please contact our Customer Service Department who will send you the pre-paid label by email.

You may exchange the item either:

for a different item in the same product category

- for one or several different items which together are equal in value to the full value of the original item you received as a gift.

If you are unable or do not wish to use the pre-paid label service, please contact Customer Service who will record your return. In this case, please insure your package for the full retail value of the item. Whaler will not be responsible or liable if any item you return to the whalerco.com website is lost, misdirected or delivered late insofar as you have to bear the risks of the shipping you have chosen.

If you exchange goods, the shipping costs for the first delivery will not be refunded. However, you will not be charged for the shipping costs of the second delivery. Only one exchange per item will be honored.

If you ask for a refund, Whaler will use commercially reasonable efforts to ensure that any refund will be made within ten (10) business days of receipt of the goods returned by crediting your charge or credit card. Under no circumstances will it be possible to grant you a credit usable on the whalerco.com website.

In either case (exchange or refund), the shipping costs incurred in returning any replacement goods to you will be refunded if you were justified in returning the goods because they were not as ordered (e.g., product reference error, damaged goods, etc.), if you did not use the pre-paid return labels system.

Whaler has sole discretion in determining whether the products are in original condition when returned to whalerco.com website.

 

General Terms and Conditions of Use of whalerco.com website

The whalerco.com website is operated by Whaler & Co. which operates the whalerco.com website and has granted Whaler the right to sell a selection of Whaler & Co. products over the Internet.

The use of the whalerco.com  website and the purchase of any products offered on whalerco.com  website are subject to these terms and conditions ("Terms and Conditions of Use"). The use of the whalerco.com website constitutes your agreement to comply with, and be bound by, these Terms and Conditions of Use and your consent to the Privacy Policy for the whalerco.com website ("Privacy Policy").

Whaler may update these Terms and Conditions of Use and the Privacy Policy at anytime without notice. By continuing to use the whalerco.com  website following any such change, you agree to comply with and be bound by the Terms and Conditions of Use and consent to the Privacy Policy, each as modified. You can view the most current version of the Terms and Conditions of Use or of the Privacy Policy at any time by clicking on the hyperlink labeled "customer service".


Security and Personal Data

The whalerco.com Privacy Policy (see "Privacy Policy") governs the use of any personal information that you provide to Whaler on this website. Whaler may modify or amend the Privacy Policy at anytime as provided in the Privacy Policy.
The whalerco.com  website is not intended for minor children.
 


Intellectual Property

All material on the whalerco.com website (drawings, designs, illustrations, photographs, sound tracks, written text, logos, trademarks, and all other intellectual property of any nature) are the exclusive property of Whaler & Co. You may not reproduce, by any means or process (except as expressly provided herein), in full or in part, distribute, publish, transmit, create derivative works based on, modify or sell any such material contained on the whalerco.com website.

The "Whaler & Co." trademark, the trademark image of anchor and steamboat and all other Whaler related marks and logos, whether or not registered, displayed on the whalerco.com  website, as well as the domain name "whalerco.com," are and will remain the exclusive property of Whaler. Any reproduction, distribution, transmission, modification or use of these trademarks for any purpose without prior express agreement of Whaler is prohibited.


Disclaimer of Warranty

The whalerco.com website may contain technical inaccuracies or other defects; Whaler does not guarantee that any such defects will be corrected. The whalerco.com  website and its contents are provided on an "as is" and "as available" basis. Whaler expressly disclaims all warranties of any kind, whether express or implied..