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Terms and Conditions

These terms apply to your access to any website provided by Clotheme including www.clotheme.co.uk any sub sites of this domain.

Please read these terms and conditions carefully before accessing and/or ordering any goods from this Website. If you access the Website, and/or place an order for goods, you agree to be bound by these terms and conditions, and warrant that you are capable of entering into binding contracts. We routinely update our terms and conditions we advise that you refer to the terms and conditions prior to using our online service, and to print a copy of the terms and conditions for future use.

How the contract for the goods is formed between you and us

After placing your order you will receive an automated acknowledgement. Please note that this does not mean that your order has been accepted. All orders are subject to acceptance by us, and we will confirm acceptance to you by confirming that your order has been despatched, once we accept your order, a contract to purchase and deliver goods takes effect between you and Clotheme. The contract to sell goods to you only relates to those goods listed in the confirmation email. We will not be obliged to sell any other goods which may have been part of your order until the despatch of your goods has been confirmed in a separate confirmation email.

Our Goods

A description of the main characteristics of goods can be found on the product pages of the Website.

Prices for goods on the Website appear on the product pages and include all UK taxes.

Prices and offers may vary and may only be available for limited periods. All prices and offers are subject to availability and may be withdrawn or amended at our discretion. The prices on the Website may differ to prices in our retail stores, catalogues or elsewhere.

We are under no obligation to sell incorrectly priced goods to you at the incorrect price if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error.

Right to cancel

You have the right to cancel an order within 14 days of placing the order and receiving an acknowledgment from us that we have received your order. To exercise the right to cancel, you must inform us of your decision to cancel the order in writing.

If you cancel an order, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

If you have received goods, you shall send back the goods to us, without undue delay and in any event not later than 14 days from the day on which we are informed of your decision to cancel the order.

We will make the reimbursement without undue delay, and not later than:

  • (a) 14 days after the day we received back from you any goods supplied; or
  • (b) (if earlier) 14 days after the day you provide evidence that you have returned the goods; or
  • (c) if no goods were supplied, 14 days after the day on which we are informed of your decision to cancel the order.

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise.

Data protection and privacy

We take your privacy seriously. Any personal information that you provide to us and from which you can be identified is stored securely and confidentially and is processed fairly and lawfully in accordance with these terms and conditions.

We take appropriate technical and security measures to prevent personal information from being accidentally lost or used or accessed unlawfully, including encrypting your information to applicable industry standards. We limit access to your personal information to those who have a genuine business need to access it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.

During your visit to the Website we may gather certain personal information, including your name and contact information, that is necessary to set up your account, for the purposes of billing, delivery of your goods and queries. We only keep your information for as long as is necessary to process your order, process any applicable refunds, and respond to any complaints/feedback or to provide you with promotional information you have subscribed to. If you do not provide us with this information it may delay or prevent us from providing goods to you.

Ordinarily we do not have access to your financial information which is securely transferred directly to our third party payment partners who process it on our instruction. We supply your information to our third party payment and courier partners to allow correct payment processing and delivery of your order. We only allow our service providers to handle your personal information if we are satisfied they take appropriate measures to protect your personal information. We also impose contractual obligations on service providers relating to ensure they can only use your personal information to provide services to us and to you.

We shall not transfer your information outside the European Economic Area.

We will keep your personal information while you have an account with us or we are providing products or services to you. Thereafter, we will keep your personal information for as long as is necessary:

  • (a) to respond to any questions, complaints or claims made by you or on your behalf;
  • (b) to show that we treated you fairly; and
  • (c) to keep records required by law.

We will not retain your personal information for longer than necessary for the purposes set out in this policy. Different retention periods apply for different types of personal information. When it is no longer necessary to retain your personal information, we will delete or anonymise it.When you register your details with us, you have the option to subscribe to future promotions and special offers. You may unsubscribe from this at any time by contacting our Customer Services.

Your rights in relation to your personal information

You have the following rights, which you can exercise free of charge:

  • (a) The right to be provided with a copy of your personal information;
  • (b) The right to require us to correct any mistakes in your personal information;
  • (c) The right to require us to delete your personal information in certain situations;
  • (d) The right to require us to restrict processing of your personal information in certain circumstances;
  • (e) The right to receive the personal information you provided to us, in a structured, commonly used and machine-readable format and/or transmit that data to a third party in certain situations;
  • (f) The right to object:
  • at any time to your personal information being processed for direct marketing (including profiling);
  • in certain other situations to our continued processing of your personal information, e.g. processing carried out for the purpose of our legitimate interests;
  • (g) The right not to be subject to a decision based solely on automated processing (including profiling) that produces legal effects concerning you or similarly significantly affects you.

If you would like to exercise any of those rights please contact our Customer Services.

Cookies The Website can recognise past users by using cookies. Cookies personalise your visits to the Website to meet your individual preferences. You can disable cookies by adjusting your internet settings.

When you supply your information to us you accept the risks associated with the Internet and consent to our processing your information in accordance with this policy and will not hold us responsible for any loss of your information unless we have breached our duty of care to you.

Warranty and limitation of our liability

If we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the goods and any proven losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.

Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for:

  • (a) loss that:
  • were not foreseeable to you and us when the order was placed; or
  • that were not caused by any breach on our part;
  • (b) business losses; and
  • (c) loss to non-consumers.

Whilst we adopt industry standard protections against computer viruses we are not able to warrant that this Website is free from computer viruses or any other malicious or impairing computer program.

Events outside our control

We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations to you that is caused by events outside our reasonable control (a ‘Force Majeure Event’). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes (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; or
  • (f) The acts, decrees, legislation, regulations or restrictions of any government.

In the event of a Force Majeure Event, our performance is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations to you may be performed despite the Force Majeure Event.

Written communications

By accessing our site you accept that communication with us will be primarily electronic through e-mail or notices posted on our Website. For contractual purposes, by accessing this Website you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.

Intellectual property rights

Unless otherwise specified all intellectual property rights in the contents of all the pages in this Website, are owned or licensed to Clotheme., or are used with permission from the owner.

The contents of this Website may not be copied, reproduced, modified, downloaded or used in any form without our prior written permission.

Complaints

We take all feedback very seriously and aim to deal with complaints as quickly and effectively as possible.

For complaints relating to orders placed through our Website please contact Customer Services. To assist us in dealing with your complaint, please detail all aspects of the complaint, your order number and your contact details.

Our right to vary these terms and conditions

We reserve the right to revise and amend these terms and conditions from time to time. You will be subject to the terms and conditions that are in force at the time that you order goods from us unless:-

  • any change to these terms and conditions is required to be made by law or governmental authority, in which case the changes may apply to orders previously placed by you; or
  • we notify you of any changes to these terms and conditions before we accept your order, in which case we 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 (7) working days of receipt by you of the goods.

Governing law and jurisdiction

Any dispute or claim arising out of or in connection with these terms and conditions, the Website or any order for goods shall be governed by and construed in accordance with English law and the courts of England and Wales shall have exclusive jurisdiction to settle any claim or dispute arising out of or in connection with these terms and conditions,  the Website or any order for goods.

Nothing in these terms and conditions is intended to affect your statutory rights.

Other terms and conditions

For details of our delivery terms and payment policies please visit Delivery & Payment

For details of our returns policy please visit Returns & Refunds