Articles Menu

Terms & Conditions

Big Whistle Music Ltd's goal is to provide the best services and products to you. Please read these terms of use carefully before using this web site or any other bigwhistle.co.uk web site. They are legally binding on you. By using this web site, you signify your assent to these terms of use.

Note: the use of the word "terms" also includes the term and concept of conditions. We reserve the right at our discretion to modify add or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of this site now or following the posting of changes to these terms will signify that you accept these terms and or changes. Your violation of these terms, at a minimum, will result in your loss of the right to use our web site, as we may decide in our absolute discretion.

1. Restrictions on use of materials

All materials on this site including but not limited to text, images, designs, audio, graphics, logos, software, and the like (collectively called the materials), are owned or licensed by Big Whistle Music Ltd or its content suppliers and protected by UK and international laws. All trademarks, service marks and trade names are proprietary to company. You may not copy, transmit, post, create derivative works from, or republish in any way whatsoever any materials from our web site without the prior written permission of the company. However, you may download or make one copy of the materials and other downloadable items for personal, non-commercial home use only, provided all copyright and other notices on bigwhistle.co.uk copyrights and other proprietary rights. Use of these materials on any other web site or other networked computer environment is prohibited without the prior written permission of bigwhistle.co.uk.

2. Disclaimer

The site is provided by Big Whistle Music Ltd on an as is basis. We make no representations or warranties of any kind express or implied as to the operation of our site, its information, content, materials or products. To the full extent permissible by law, we disclaim all warranties, express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. We do not warrant that any functions of our site will be uninterrupted or error free, that defects will be corrected or that this site or our servers are free of viruses. We do not warrant or make any representations regarding the use of the materials on this web site as to their accuracy or reliability. You and not us assume the cost of all necessary corrections or repair. Further applicable law may not allow the exclusion of any implied warranties so the above exclusions may not apply to you.

3. Limitation of Liability

Under no circumstances shall Big Whistle Music Ltd be liable for any claims of negligence or breach, including being liable for any special or consequential damages from the use or inability to use the materials on this web site, even if we have been advised of these possibilities. Applicable law may not allow these limitations on liability or damages, so the above may not apply to you. In no event shall our total liability to you, for all damages, losses and causes of action (whether in contract, tort, negligence, or otherwise) exceed the amount paid by you, if any, for accessing the site.

4. Online Conduct

Any communication, which you post to our web site, is non-confidential, and the user agrees to use bigwhistle.co.uk only for lawful purposes. You shall not post or publish on our web site any content which is defamatory, obscene, threatening, illegal, infringes on copyrights or trademarks, or is otherwise objectionable, including but not limited to any material encouraging conduct that would constitute a criminal offence, civil liability, or otherwise violate any applicable law.

If we are notified of any alleged content violation, we may investigate this and decide in our sole discretion whether to remove that content from our web site. We may disclose any content or electronic communication of any kind (i) to satisfy any law, regulation, or government request, (ii) if such disclosure is necessary or appropriate to operate our company; and (iii) to protect the rights or property of our company, its users, or providers. Big Whistle Music Ltd reserves the right to prohibit conduct, communication, or content that we deem in our sole discretion to violate any law or be harmful to the rights of any user, our company, or any third party. Provided however, neither our providers nor we can ensure the prompt removal of questionable material after online posting, accordingly, neither our company nor any of its officer's, employees or representatives shall assume liability for any action or inaction taken with respect to removing such material from our web site. Our web site shall be used only for personal uses consistent with our sites operations.

You shall not distribute or otherwise publish any commercial material soliciting or promoting any goods or services. You specifically acknowledge that soliciting any users of this web site to become members of any commercial online service or other organisation is expressly prohibited. By uploading or submitting any materials to us you automatically grant and warrant that the content owner has expressly granted us a royalty-free, irrevocable nonexclusive right and licence to use, publish, modify, and distribute the content worldwide including the right to use it in other works in any form, media or technology for the copyright term of this content. Subject to this grant the content owner retains any and all rights, which may exist in that content. Any advice, services, or offers that is expressed by you or made available by third parties are those of the respective authors and not of bigwhistle.co.uk or any of our officers, employees or representatives. Neither company nor any of its representatives guarantee the accuracy completeness or appropriateness of any content, opinion or advice, nor its merchantability or fitness for any particular purpose.

Under no circumstances shall we be liable for any loss, damage or harm caused by a user's reliance on any information obtained through this web site. It is the responsibility of each user to independently evaluate the information, advice, or other content found at this web site.

COMPANY DETAILS

ADDRESS: Big Whistle Music Ltd, Whitmore, 1 Root Hill Estate Yard, Whitewell Road, DUNSOP BRIDGE, Clitheroe BB7 3AY, UK

TELEPHONE: +44(0)1200 448185 (Callers outside the UK) OR WITHIN UK: 01200 448185
EMAIL: sales@bigwhistle.co.uk
WEB: www.bigwhistle.co.uk

Company Registered Number: 3915366

BUSINESS HOURS

These vary. We are always around and accessible. Personal callers by appointment.

Trading Terms and Conditions

1. How to Order

  • Orders can be made through this website with payment via Worldpay
  • Payment can also be made by credit card or debit card by telephoning your order through to our office
     

Direct from this website;

  • You can order using your credit/charge card via World Pay knowing that your transaction will be fully secure
  • We endeavor to ensure that you can order from any country in the world.
  • Minimum order value. Due to the continual receipt of uneconomic small orders we have found it necessary to introduce a Minimum Order Level. This differs from country to country, for example the minimum order within the UK is £10.00. See faqs for more details.
  • Once in the shop just click and add the items to your basket
  • The website will accept orders from any country in the world with a choice of three currencies GBP, Euro and USD.
  • You will be able to see the contents of your basket as your order proceeds
  • When you are happy with your purchases click on Check Out. At this point you will be asked for your name, address and other contact details
  • Postage and packing carries a minimum charge of £6.00 and thereafter proceeds in value relative to the weight of your order.

Postage & Packing is added to all orders and this is displayed as soon as you start selecting items for your shopping basket. There is however, (as mentioned above), a minimum postage charge of £6.00 per order. If your order is exceptionally large or heavy we reserve the right to advise you and arrange alternative carriage with your approval. Posting and packing costs are based on delivery and services by UK Royal Mail. In the rare occurrence that an order is too heavy or large to ship – and if attempts to post such orders in a cost effective way fail; Big Whistle retain the right to refund such orders in full.

UK Posting: Express Option. Orders received before 9.00 a.m. on Monday, Tuesday & Wednesday will ensure delivery by 3.00 p.m. the day after on the UK Mainland. We are usually closed on Thursday. Orders placed before 9.00 a.m. on Friday will have a guaranteed delivery of Monday. Should you require a Saturday Guarantee of delivery, please email or telephone the office before ordering. Please note that the Express Service will not offer any delivery guarantee during Public Holiday periods - please be assured that during these times every effort is made to get priority orders out as soon as possible, using the most suitable delivery services available to us. Every effort is made to despatch priority orders within the specified target times. Please note that this may not be possible during exceptionally busy trading periods. Please note customers not resident on the UK Mainland or resident in remote areas where courier delivery costs are prohibitive, orders may be posted via Royal Mail Special Delivery when selecting the Express Option. If you select the Packet Option, orders are posted by Royal Mail at the earliest opportunity but no delivery time can be specified using this option. We post out most days.

Overseas Posting: If you require tracked delivery for your consignment, please select 'International Signed For', this offers accelerated delivery and tracking. Please note that normal Air Mail is not a tracked service and no information can be provided for tracking using normal Small Packet. Tracking on ‘International Signed For’ as provided by the Royal Mail website is quite basic and is not as impressive as that offered by other postal services, say for example in the USA. We have found however, it to be the most cost effective and secure shipping option that is currently available for our customers. Please note that we reserve the right to use ‘Airsure’, another tracked service if appropriate and available for your shipping country.

2. Delivery

It is our aim to despatch your order from stock held here at Big Whistle Music Ltd within 48 hours. Occasionally this may not be possible, the goods may be out of stock or we may be away from the office or on holiday. 

If immediate delivery cannot be met on a particular item you will be informed and an alternative time for delivery will be provided. To ensure that goods are despatched on time or safely Big Whistle reserve the right to despatch consignments using a different method to that selected by the customer; this is not a common occurrence and is done in the best interest of the client. Big Whistle Music also reserves the right to use alternative postage methods to that chosen by the customer if the postal option selected is either unavailable, uneconomic or impractical for the consignment concerned.

Delivery Failure If a client is out at the time of delivery from the postal service, it is the clients responsibility to arrange re-delivery of the order. Big Whistle cannot be held financially responsible for posting out returned orders a second time. We are a small business and regretfully are unable to sustain re-deliveries without charges to the customer.

3. Special Orders

Often customers require goods of a bespoke specialist nature. In these cases a delivery time will agreed after consultation with our manufacturers. The customer will then be notified.

4. Big Whistle Guarantee

If any item purchased from Big Whistle Music Ltd does not meet with your satisfaction, or you feel you have been misled, return it to Big Whistle within 7 days of receipt (in original condition*) and a refund will be given. Often it helps to contact us before you return an item but this is by no means obligatory. Please note that any warranty or service obligation is limited solely to our customers and cannot be transferred to third parties.
*If an instrument is faulty or unsuitable for you please return it to us at once and we will endeavor to satisfy you requirements. We will not accept, nor refund items that display obvious signs of use, or have been tampered with or damaged. This does not affect your statutory rights. We reserve the right in cases were customers have selected an item that displays no fault but is unsuitable due to other reasons personal to the buyer, to limit refunds subject to the deduction of administration and postage and packing costs.

5. Returns or Complaints

Big Whistle Music Ltd aims to provide our clients with the best possible service.

Should any item be delivered to you faulty or damaged please contact us immediately. If we are unable to satisfy your concerns, we will advise on how the goods should be returned and a full refund will be given for the item(s) concerned including your postage and packing costs. The safe return of any item posted to Big Whistle Music remains the sole responsibility of the buyer. Big Whistle will not accept nor pay for lost or damaged goods posted back for exchange or refund. Please see 4*

6. Security

Worldpay manage the Big Whistle On Line Whistle Shop payment system - state of the art encryption systems are used. This ensures that your transactions with us are protected. If you pay on line we do not see or store your Card information. Cookies (small text files stored on your browser on your PC) enable our store to remember your name, billing address, shipping address, phone number, email address (but not your credit/debit card details) so that you don't have to re-enter it each time you use the store. The system also uses cookies to remember what is in the shopping basket from page to page, so it is necessary to have cookies enabled in your browser. (Most browsers do this automatically).

7. Privacy

We are committed to protecting your privacy. We will only use the information we collect about you lawfully (in accordance with the Data Protection Act 1998). We collect information about you for two reasons: firstly, to process your order and second, to provide your with the best possible service.

WE DO NOT pass your information to any third parties. The information we will collect about you includes: your name, billing address, shipping address, phone number, email address BUT NOT your credit/debit card details. We will not email you in the future unless it directly relates to your order or you have given us your consent.

We dislike Spam and would only email our customers on a minimal basis and certainly no more than 5 times per calendar year.

8. Cancellation

If you wish to cancel your order after it has been processed by Worldpay (our on-line payment provider), but before it is despatched, a refund can be made but please note the refund is based on two deductions. Firstly the purchase commission and secondly the refund commission. The purchase commission is the same cost as the refund commission. These are costs charged to us by Worldpay and not by Big Whistle Music. Costs vary from transaction to transaction and you will be notified of these should you wish to cancel your order. 

9. Cancellation after the order is despatched

If you wish to cancel your order after it has been despatched but in the post, the costs charged in '8' will prevail and additionally posting & packing costs too. Thereafter if the goods are returned in the same condition as despatched the balance of your order will be refunded to you via your Worldpay account.

10. Website Content.

We make every effort to keep our content up to date. However, instrument designs constantly change and to this end the photographic or written content of products, or indeed both – may not always be 100% accurate.

If you choose to purchase from us, please be aware that differences may occur and that we cannot be held responsible for the accuracy of the site in its totality.