GENERAL INTRODUCTION

 

These Terms and Conditions govern your use of our website.  By using our website you accept these Terms and Conditions.  This document sets out our Terms of Use and Terms of Sale.  It is our intention that this document is read in conjunction with our Privacy Policy, Delivery Information and Returns and Refunds Policy documents.  

 

TERMS OF USE

 

(1)  Licence to use website

 

Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website.  Subject to the licence below, all these intellectual property rights are reserved.

 

You may view, download for caching purposes only and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.  

 

You must not:

 

(a)  republish material from this website (including republication on another website)

(b)  sell, rent or sub-license material from the website

(c)  show any material from the website in public

(d)  reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose

(e)  edit or otherwise modify any material on the website or

(f)  redistribute material from this website.

 

(2)  Acceptable use

 

You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

 

 

You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

 

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

 

(3)  Limited warranties

 

Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.

 

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

 

(4)  Limitations and exclusions of liability

 

Nothing in these terms of use will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.  If you are a consumer, any statutory rights that you have, that cannot be excluded or limited, will not be affected by these terms of use.

 

The limitations and exclusions of liability set out in this Section and elsewhere in these terms of use: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms of use or in relation to the subject matter of the terms of use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

 

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

 

We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

 

We will not be liable to you in respect of any loss or corruption of any data, database or software.

 

We will not be liable to you in respect of any special, indirect or consequential loss or damage.

 

(5)  Indemnity

 

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.

 

(6)  Breaches of these terms of use

 

Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, or if we reasonably suspect that you have breached these terms of use in any way, we may:

 

(a)  send you one or more formal warnings;

(b)  temporarily suspend your access to the website;

(c)  permanently prohibit you from accessing the website;

(d)  block computers using your IP address from accessing the website;

(e)  contact your internet services provider and request that they block your access to the website;

(f)  bring court proceedings against you for breach of contract or otherwise; and/or

(g)  suspend and/or delete your account with the website.

 

(7)  Variation

 

We may revise these terms of use from time-to-time.  Revised terms of use will apply to the use of our website from the date of the publication of the revised terms of use on our website.  Please check this page regularly to ensure you are familiar with the current version.

 

(8)  Assignment

 

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent.

 

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.  

 

(9)  Severability

 

If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

(10)  Exclusion of third party rights

 

These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party.  The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

 

(11)  Entire agreement

 

These terms of use, together with our terms of sale, privacy policy, delivery information and returns and refunds policy constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

 

(12)  Law and jurisdiction

 

These terms of use will be governed by and construed in accordance with English law, and any disputes relating to these terms of use will be subject to the non-exclusive jurisdiction of the courts of England and Wales.

 

(13)  Information about us

 

Our full business name is CLARE LOVES.  This business is wholly owned by Clare Elizabeth Golding.  Our registered address is The Cottage, Seer Green Lane, Jordans HP9 2ST.  Our email address is hello@clareloves.co.uk

 

TERMS OF SALE

 

Introduction

 

Please read these terms carefully. You will be asked to expressly agree to these terms before you place an order for products from our website.  

 

(1)  Order process

 

The advertising of products on our website constitutes an ‘invitation to treat’ and your order for products constitutes a contractual offer.  No contract will come into force between you and us unless until we accept your order in accordance with the procedure detailed below.

 

In order to enter into a contract to purchase products from us, you will need to take the following steps:

 

  1. you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout
  2. if you are a new customer, you must then create an account with us and log in or you may purchase as a guest; if you are an existing customer, you must enter your login details
  3. you must select your preferred method of delivery, confirm your order and your consent to these terms of sale
  4. you will be transferred to Sage Pay and Sage Pay will handle your payment
  5. you will be sent an initial acknowledgement of your order
  6. we will then send you an order confirmation; at this point your order will become a binding contract.

 

The only language in which we provide these terms of sale is English.

 

Before you place your order, as part of the checkout process you will have the opportunity to identifying whether you have made any input errors.  You may correct any input errors at this point before you checkout.

 

(2)  The products

 

A description of the main characteristics of each product is provided on each individual product page.

 

(3)  Price and payment

 

Prices for each product are quoted on the individual product pages.  The website contains a large number of products and it is always possible that some of the prices on the website may be incorrect.  In the unlikely event that this is the case we will notify you before proceeding with your order.

 

In addition to the price of the products you will be required to pay a delivery charge (unless exceptions apply).  This will be as stated when you pay for the product.  For delivery charges please see our separate Delivery Information document.

 

The prices on the website include all value added taxes (where applicable).

 

Prices for products are liable to change at any time, but changes will not affect contracts which have come into force.

 

If you dispute any payment made to us you must contact us immediately and provide full details of your claim.  If you submit an unjustified credit card, debit card or other charge-back then you will be liable to pay us: (i) an amount equal to the amount of the charge-back; (ii) all third party expenses incurred by us in relation to the charge-back (include charges made by our or your bank or payment processor or card issuer); (iii) an administration fee of GBP 150.00; and (iv) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this paragraph (including without limitation legal fees and debt collection fees).

 

Without prejudice to our other rights, if you submit an unjustified credit card, debit card  or other charge-back, then we may terminate any contracts between you and us by giving you written notice of termination.

 

For the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back.

 

(4)  Your warranties

 

You warrant to us that:

 

(a)  you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale

(b)  the information provided in your order is accurate and complete

(c)  you will be able to accept delivery of the products.

 

(5)  Delivery policy

 

We will use all reasonable endeavours to deliver products on or before the delivery dates indicated in our Delivery Information.

 

Our Delivery Information statement provides details on delivery options, timings and pricing.

 

(6)  Risk and ownership

 

The products will be at your risk from the time of delivery.  Ownership of the products will only pass to you upon the later of:

 

(a)  delivery of the products and

(b)  receipt by us of full payment of all sums due in respect of the products (including delivery charges).

 

(7)  Returns and refunds

 

Our Returns Policy sets out details of our returns and refunds policy.

 

Under the Distance Selling Regulations, you may cancel a distance contract to purchase a product or products from us at any time within 7 working days after the day you received the relevant products or products (subject to the limitations set out below).  In order to cancel a contract in this way, you must give to us written notice of cancellation.

 

(8)  Your statutory rights

 

Your statutory rights, which cannot be excluded or limited, will not be affected by these terms of sale.

 

(9)  Force majeure

 

In this section and section 10 below “force majeure event” means:

 

(a)  any event which is beyond our reasonable control

 

(b)  power failure, industrial disputes affecting any third party, governmental regulations, fires, floods, disasters, civil riots, terrorist attacks or wars.

 

Where a force majeure event gives rise to a failure or delay in us performing our obligations under these terms of sale, those obligations will be suspended for the duration of the force majeure event.

 

(10)  Limitations and exclusions of liability

 

Nothing in the terms of sale will: (a) limit or exclude the liability of a party for death or personal injury resulting from negligence; (b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party; (c) limit any liability of a party in any way that is not permitted under applicable law; or (d) exclude any liability of a party that may not be excluded under applicable law.  If you are a consumer, any statutory rights which you have, which cannot be excluded or limited, will not be affected by the terms of sale.

 

The limitations and exclusions of liability set out in this Section [and elsewhere in the terms of sale]: (a) are subject to the preceding paragraph; (b) govern all liabilities arising under the terms of sale or in relation to the subject matter of the terms of sale, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

 

We will not be liable to you in respect of any losses arising out of a force majeure event.

 

We will not be liable to you in respect of any business losses, such as loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

 

(11)  Contract cancellation

 

We may cancel a contract to supply products made under these terms of sale immediately by written notice to you if you fail to pay, on time and in full, any amount due to us under the contract, or commit any material breach of your obligations to us under the contract.

 

If we cancel a contract you will continue to have an obligation to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products).

 

(12)  Scope of these terms of sale

 

These terms of sale do not constitute or contain any assignment or licence of any intellectual property rights, do not govern the licensing of works (including software and literary works) comprised or stored in products, and do not govern the provision of any services by us or any third party in relation to the products.

 

(13)  General terms

 

We will treat all personal information that we collect in connection with your order in accordance with the terms of our Privacy Policy.  Use of our website will be subject to our website terms of use.

 

Contracts under these terms of sale may only be varied by an instrument in writing signed by both you and us.  We may revise these terms of sale from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.

 

No waiver of any provision of these terms of sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these terms of sale.

 

You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these terms of sale.   Any attempt by you to do so will be null and void.

 

Each contract under these terms of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.

 

These terms of sale will be governed by and construed in accordance with English law, and the courts of England and Wales will have non-exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.