Terms of Service

Last updated: August 13, 2026

Please read these Terms of Service ("Terms") govern your use of our website https://whisperwakewatch.com and your purchase of products from us. By accessing the Site or placing an order, you agree to these Terms. If you do not agree, please do not use the Site.

1. Who We Are

Whisperwake sells silent, vibration-only alarm watches and related accessories. We are based in New Zealand, and these Terms are governed by New Zealand law.

2. Eligibility

You must be at least 18 years old, or have the consent of a parent or guardian, to place an order or create an account on the Site.

3. Accounts

If you create an account with us:

• You're responsible for keeping your login details confidential and for all activity under your account.
• You agree to provide accurate, current information when creating your account or placing an order.
• We may suspend or terminate accounts that violate these Terms or that we reasonably suspect are involved in fraudulent or abusive activity.

4. Acceptable Use

When using the Site, you agree not to:

• Post false, misleading, defamatory, or unlawful content (including in product reviews or comments)
• Attempt to gain unauthorized access to the Site, other accounts, or our systems
• Use the Site to transmit malware, spam, or engage in any activity that disrupts the Site's operation
• Use the Site for any unlawful purpose or in violation of these Terms

We may remove content or restrict access for anyone who breaches this section.

5. Products, Pricing & Availability

• We make reasonable efforts to display product details, images, and pricing accurately, but errors may occasionally occur. We reserve the right to correct pricing or listing errors, and to cancel orders affected by such errors.
• Prices are listed in local currency unless otherwise stated.
• Customers are responsible for:
• Any currency conversion fees
• Foreign transaction fees
• Chargers applied by their bank or payment provider 
•  Pricing is subject to change without notice.

6. Orders & Payment

• By placing an order, you're making an offer to purchase, which we may accept or decline.
• Payment must be made in full at the time of order through our supported payment methods.
• We may cancel or refuse any order at our discretion, including in cases of suspected fraud, pricing errors, or stock unavailability, in which case you'll be refunded in full.

7. Shipping & Delivery

• Estimated delivery times are provided at checkout and are not guaranteed.
• Risk in the goods passes to you once the product is delivered to the shipping address you provided.
• You're responsible for providing an accurate shipping address; we're not liable for delays or non-delivery caused by incorrect address details.

8. Returns & Refunds

Returns and refunds are governed by our Return & Refund Policy, which forms part of these Terms of Service. 

Refunds or replacements are only offered for products that are damaged on arrival or defective due to a manufacturing fault. No refunds are provided for issues caused by incorrect use. 

9. Consumer Guarantees

Nothing in these Terms is intended to limit your rights under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986 (New Zealand), where those laws apply to your purchase. Where you are acquiring goods for business purposes, you agree that the Consumer Guarantees Act does not apply, to the extent permitted by law.

10. Intellectual Property

All content on the Site — including the Whisperwake name, logo, product designs, images, and text — is owned by us or our licensors and protected by intellectual property law. You may not copy, reproduce, or use this content without our written permission.

11. Limitation of Liability

To the maximum extent permitted by law:

• We are not liable for any indirect, incidental, or consequential loss arising from your use of the Site or our products.
• Our total liability for any claim relating to a purchase is limited to the amount you paid for the relevant product.
• Nothing in these Terms limits liability that cannot be excluded under New Zealand law (including under the Consumer Guarantees Act).

12. Third-Party Links

The Site may contain links to third-party websites. We're not responsible for the content, accuracy, or practices of those sites.

13. Changes to These Terms

We may update these Terms from time to time. Changes will be posted on this page with an updated "Last updated" date. Continued use of the Site after changes are posted means you accept the updated Terms.

14. Governing Law

These Terms are governed by the laws of New Zealand. Any disputes arising from these Terms or your use of the Site will be subject to the exclusive jurisdiction of the courts of New Zealand.

15. Contact Us

For questions regarding these Terms, 

please contact: whisperwakewatch@gmail.com