White Rabbit England Ltd. as a brand has been carefully developed and nurtured since it was established in 2001.White Rabbit England Ltd is committed to compliance with all of its legal obligations and as such recognises the right of all its retail partners to set the retail price in their stores or other outlets.
However the company believes that the brand and its products have achieved a reputation in the market place for quality and are able to attract prices that reflect this reputation, as set out and recommended resale price list issued by us from time to time.
In our opinion, the recommended retail price is an appropriate (and achievable) price which maximises the commercial benefits for both White Rabbit England and the retail partner.
White Rabbit England Ltd. asks its retail partners to refrain from an business practice that would in our opinion erode the value of the company's brand.
This page (together with the documents referred to on it) tells you the terms and conditions on which The Company supply any of the products as advertised/listed (Products) on this website (our site) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions. We draw your particular attention to the limitation of liability referred to in clause 10.
You should print a copy of these terms and conditions for future reference.
Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.
1. Information about us
1.1 This site is operated by White Rabbit England Limited (The Company). The Company is registered in England and Wales under company number 04616515 and with our registered office at Battery House, Battery Lane, Wilmslow, Cheshire, United Kingdom, SK9 5LT.
2. Your status
By placing an order through our site, you warrant that:
(a) You are legally capable of entering into binding contracts; and
(b) You are at least 18 years old;
3. How the contract is formed between you and us
3.1 After placing an order, you will receive an e-mail from us acknowledging that The Company has received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by The Company, and The Company will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the Dispatch Confirmation). The contract between us (Contract) will only be formed when The Company send you the Dispatch Confirmation.
3.2 The Contract will relate only to those Products whose dispatch The Company has confirmed in the Dispatch Confirmation. The Company will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
4. Our status
4.1 The Company may also provide links on our site to the websites of other companies, whether affiliated with us or not. The Company cannot give any undertaking, that products you purchase from third party sellers through our site, or from companies to whose website The Company have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. The Company will notify you when a third party is involved in a transaction, and The Company may disclose your customer information related to that transaction to the third party seller.
5. Consumer rights
5.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 9 below).
5.2 To cancel a Contract, you must inform us in writing to the address set out above. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, The Company may have a right of action against you for compensation.
5.3 Details of this statutory right, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your statutory rights.
6. Availability and delivery
6.1 Your order will be fulfilled by the delivery date and sent to the delivery address set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
6.2 Any dates specified by the Company for delivery are intended to be an estimate and time for delivery shall not be of the essence.
6.3 Subject to the other provisions of these conditions the Company shall not be liable for any direct, indirect or consequential loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery or short delivery of the Goods (even if caused by the Company's negligence) or performance of the Services.
6.4 If for any reason the Customer fails to accept delivery of any of the Goods when they are ready for delivery,
(a) risk in the Goods shall pass to the Customer;
(b) the Goods shall be deemed to have been delivered; and
(c) the Company may store the Goods for up to 30 days until delivery, whereupon the Customer shall be liable for all related costs and expenses (including, without limitation, storage and insurance), thereafter the Company reserves the right to rescind the contract.
6.5 The Customer shall provide on delivery and at its expense adequate equipment and manual labour for off loading the Goods if appropriate.
6.6 The Company shall not be liable for any non-delivery of Goods (even if caused by the Company's negligence) unless the Customer gives written notice to the Company of the non-delivery within 7 days of the date when the Goods would in the ordinary course of events have been received.
6.7 Any liability of the Company for non-delivery of the Goods shall be limited to replacing the Goods or issuing a credit note.
7. Risk and title
7.1 The Products will be at your risk from the time of delivery.
7.2 Ownership of the Products will only pass to you when The Company receive full payment of all sums due to us, howsoever arising, whether or not in respect of the Products including delivery charges.
7.3 Until ownership of the Goods has passed to the Customer, the Customer shall:
(a) hold the Goods on a fiduciary basis as the Company's bailee;
(b) store the Goods (at no cost to the Company) separately from all other goods of the Customer or any third party in such a way that they remain readily identifiable as the Company's property;
(c) not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods; and
(d) maintain the Goods in satisfactory condition and keep them insured on the Company's behalf for their full price against all risks.
7.4 The Customer's right to possession of the Goods shall terminate immediately if:
(a) the Customer is the subject of a Bankruptcy order or makes an arrangement with his creditors, or takes the benefit of any statutory provision for the relief of insolvent debtors, or enters into liquidation (whether voluntary or compulsory), or has a receiver and/or manager, administrator or administrative receiver appointed, or a resolution is passed or a petition presented to any court for the winding-up of the Customer or for the granting of an administration order in respect of the Customer, or any proceedings are commenced relating to the insolvency or possible insolvency of the Customer; or
(b) the Customer suffers or allows any execution, whether legal or equitable, to be levied on his/its property or obtained against him/it, or fails to observe or perform any of his/its obligations under the Contract or any other contract between the Company and the Customer, or is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or the Customer ceases to trade; or
(c) the Customer encumbers or in any way charges any of the Goods.
7.5 The Company shall be entitled to recover payment for the Goods notwithstanding that ownership of any of the Goods has not passed from the Company.
7.6 The Customer grants the Company, its agents and employees an irrevocable licence at any time to enter any premises where the Goods are or may be stored in order to inspect them, or, where the Customer's right to possession has terminated, to recover them.
8. Price and payment
8.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
8.2 These prices include VAT (unless prices quoted are trade or Wholsale prices) and delivery costs may vary, and can be added to the total amount
8.3 Delivery costs and charges may be applied to your order depending on the value of your order.
8.4 Prices are liable to change at any time, but changes will not affect orders in respect of which The Company have already sent you a Dispatch Confirmation.
8.5 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. The Company will normally verify prices as part of our dispatch procedures. Where a Product's correct price is less than our stated price, The Company will under no duty to accept your order at the lower price and at our discretion may reject your order before dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, The Company will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
8.6 The Company are under no obligation to provide the Product to you at the incorrect (lower) price, even after The Company have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
8.7 Payment for all Products must be by credit or debit card. The Company accept payment with all major credit and debit cards. The Company will not charge your credit or debit card until The Company despatch your order.
8.8 No payment shall be deemed to have been received until the Company has received cleared funds. The Company uses Paypal system of payment and users card details are verified by Paypal on input with payment normally being received within 24hours of the Customer inputting such details.
8.9 Overseas Shipping goods received into the USA/Australia or other countries where duty or customs/handling or other charges may be incurred the receiving customer is liable to these costs and not the sender.
9. Our refunds policy
9.1 When you return a Product to us: Please do so in all the original packaging
(a) because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 6.1 above), The Company will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, The Company will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.
(b) for any other reason (for instance, because you have notified us in accordance with paragraph 20 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), The Company will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. The Company will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day The Company confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
9.2 The Company will usually refund any money received from you using the same method originally used by you to pay for your purchase.
10. Our liability
10.1 The Company warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
10.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased.
10.3 The Company shall further not be liable forany defects in the Goods if:
· the Customer makes any further use of such Goods ; or
· the defect arises because the Customer failed to follow the Company's oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or good trade practice; or
· the Customer alters or repairs such Goods without the written consent of the Company.
10.4 This clause 11 does notexclude or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987;
(c) For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
10.5 The Company are not responsible for indirect losses which happen as a side effect of the main loss or damage however arising and whether caused by tort (including negligence), breach of contract or otherwise.
11. Written communications
Applicable laws require that some of the information or communications The Company send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. The Company will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that The Company provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
12. Data Protection
The Customer acknowledges and agrees that details of the Customer's name, address and payment record may be submitted to a credit reference agency, and personal data will be processed by and on behalf of the Company.
13. Transfer of rights and obligations
13.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
13.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
13.3 The Company may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
14. Events outside our control
14.1 The Company will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
14.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
14.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues. No such failure or delay in performance shall be deemed to constitute a breach of contract and The Company will have an extension of time for performance for the duration of that period. The Company will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
15.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
15.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
17. Entire agreement
17.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
17.2 The Company and you each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
17.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these terms and conditions.
18. Our right to vary these terms and conditions
18.1 The Company have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
18.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if The Company notify you of the change to those policies or these terms and conditions before The Company send you the Dispatch Confirmation (in which case The Company have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
19. Law and jurisdiction
Contracts for the purchase of Products through our site will be governed by English law and any dispute arising from, or related to, such Contracts shall be subject to the exclusive jurisdiction of the courts of England and Wales.
The customer shall offer and display online White Rabbit England products under their own brand consistent with brand identity and guidelines.
Failure to to comply with brand guidelines can result in termination to supply online retailers.
The customer agrees to ONLY sell goods throughout their own site and NOT through other internet providers such as but not limited to Ebay, ali baba, amazon marketplaces.
The customer shall limit its activities in respect of the goods for sale on the site by limiting ALL search marketing or seo targeting strictly within the territory.
The customer shall not bid for or utilise any domain name containing the words White Rabbit England or any other derivative of the key words White Rabbit England without written consent. Failure to comply or remedy this within 5 working days following notification from White Rabbit England would result in termination of supply.
Brand Identity Guidelines / Pricing Guidelines
We have carefully developed and nurtured our brand identity over 12 years and on request will supply retailers with a brand identity guideline so that retailers can represent White Rabbit England and all of its products and help to keep consistency of the brand and quality of its representation at all times.
This includes supply of images upon request ONLY from White Rabbit England and that those images be used alongside our brand identity and guidelines.
That images will not be used online or otherwise or are taken from our site as a 'screen grab' or otherwise unless permission has been given or original images supplied by White Rabbit England Ltd.
White Rabbit England is committed to compliance with all of its legal obligations and as such recognises the right of its retail partners (not including online commerce only stores) to set the retail price of its products in their stores.
However the company believes that its brand has achieved a reputation in the marketplace for premium quality and are able to attract prices that reflect this reputation as set out in the recommended resale price list issued by us from time to time.
In our opinion, the recommended retail price is an appropriate (and achievable) price which maximises the commercial benefits for both White Rabbit England and the retail partner.
White Rabbit England asks that its retail partners refrain from any business practice that would in our opinion erode the value of the company's brand.