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Terms and Conditions

TERMS AND CONDITIONS

This page (together with any documents referred to on it) tells you the terms and conditions (Conditions) on which we supply any of the goods (Goods) listed on our websitewww.clara-olivia.com(our site) to you. These Conditions shall govern any contract for the sale of Goods listed on our site between us and any customer (you) which is made via our site. You must tick the checkbox if you wish to be able to order Goods from our site.

 

It is important to read and understand these Conditions before placing your order.

 

1.                Information about us

www.clara-olivia.com is a site owned and operated by Clik Empire Limited T/A Clara-Olivia(we). We are registered in England and Wales under company number 08806995 with our registered office and trading address at The Post House, Kitsmead Lane, Longcross, Surrey, United Kingdom. Our VAT number is 182 4216 20.

 

2.                Service availability

It is prohibited to access our site from territories where its contents are illegal or unlawful. If you access this site from a location outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.

 

3.                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.

 

 

4.                How the contract is formed between you and us

4.1             After placing an order, you will receive an e-mail from us acknowledging that we have 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 Goods. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Goods have been dispatched (the Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.

4.2             The Contract will relate only to those Goods whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Goods which may have been part of your order until the dispatch of such Goods has been confirmed in a separate Dispatch Confirmation.

4.3             Each order for Goods by you to us will be deemed to be an offer by you to purchase Goods subject to these Conditions.

4.4             You must ensure that the terms of your order are complete and accurate.

4.5             These Conditions will be incorporated in the Contract to the exclusion of all other terms and conditions.

 

5.                Consumer rights

5.1             The Goods listed on our site are available for purchase by consumers only; you are deemed to be contracting as a consumer if you are not acting for the purposes of your business, trade or profession in purchasing Goods from us. If you are a UK or EU consumer, you have a statutory right to cancel a Contract under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (without giving any reason for cancellation) at any time within the period:

(a)         beginning upon the submission of your order; and

(b)         ending at the end of 14 days after the day on which the Goods come into your physical possession or the physical possession of a person identified by you to take possession of them.

5.2             In order to cancel a Contract on the basis described in clause 5.1, you must inform us of your decision to cancel. You may inform us by means of any clear statement setting out the decision. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.

5.3             You must send the Goods back to us or hand them over to us or a person authorised by us to receive them. You must comply with your obligations referred to in this clause 5.3 without undue delay and in any event not later than 14 days after the day on which you inform us of your decision to cancel the Contract. You must pay the direct cost of returning the Goods.

5.4             If you cancel a Contract on the basis described in clause 5.1, you will receive a full refund of the amount you paid to us in respect of the order, including the cost of delivery to you.

5.5             If the value of the Goods returned by you is diminished by any amount as a result of the handling of those Goods by you beyond what is necessary to establish the nature, characteristics and functioning of the Goods, we may recover that amount from you up to the Contract price. We may recover that amount by deducting it from any refund due to you or require you to pay that amount direct to us. Handling which goes beyond the sort of handling that might reasonably be allowed in a store will be "beyond what is necessary to establish the nature, characteristics and functioning of the Goods" for these purposes.

5.6             We will process a refund due to you as a result of a cancellation on the basis described in clause 5.1 within the period of 30 days after the day on which we receive the returned Goods. If we have not sent the Goods to you at the time of cancellation, we will process a refund due to you without undue delay and, in any case, within the period of 30 days after the day on which we are informed of the cancellation.

5.7             You will not have the right to cancel a Contract on the basis described in clause 5.1 in respect of any Goods which are bespoke, made-to-order,orpersonalised.

5.8             The statutory cancellation right available to UK or EU consumers described in this clause 5 is in addition to the rights set out in our Returns Policy at clause 9.

5.9             If you are not a UK or EU consumer, the statutory right of cancellation set out in this clause 5 will not apply to you and you should instead refer to our Returns Policy at clause 9.

 

6.                Availability and delivery

6.1             All Goods are offered by us subject to availability and we reserve the right to cancel any order placed by you if we have insufficient stock to deliver the Goods you have ordered.

6.2             We have taken reasonable steps to display as accurately as possible the colours and other details of the Goods on our site. However, the actual colours and details that you see online may vary depending upon the computer equipment or other device that you use to view the Goods and may not be an accurate reflection of the Goods.

6.3             In placing your order, you are responsible for complying with all applicable laws and regulations of the country for which the Goods are destined, including any local requirements or restrictions which may affect receipt of your order. We will not be responsible for your compliance with, and will have no liability to you or other any person for any breach by you or any other person, of any such laws or regulations.

6.4             Due to our policy of continuous product development, we reserve the right to change product specifications without prior notice and without liability to you.

6.5             Delivery times will be as displayed at time of purchase. Please note that we cannot guarantee specific delivery times; any dates for delivery are intended to be estimates and in no event shall we be liable for any delay in delivering the Goods, howsoever caused.

6.6             We will deliver the Goods ordered by you to the address you give us for delivery when you place your order. It is your responsibility to ensure that the delivery address is accurate and complete; you must also ensure that there will be somebody to sign for and take delivery of the Goods upon delivery.

6.7             We use Royal Mail for all of our deliveries within the UK and worldwide. All deliveries will be charged at the rates set out in our site at the time of purchase.

6.8             You may be required to pay extra for delivery to certain destinations and it might not be possible for us to deliver to some locations. If we are unable to deliver to your location we will notify you of this by email and invite you to choose a different delivery location; if you are unable or unwilling to do this, we reserve the right to cancel your order and refund your payment.

6.9             If your order is returned to us because Royal Mail could not complete delivery to you for any reason, you will be responsible for the additional delivery charges if the Goods are re-delivered. We will contact you upon the return of the Goods to us by Royal Mail and we can either arrange re-delivery of the Goods, or you will have the option of cancelling your order and we will refund your payment, less delivery charges.

6.10         In the event that you are in breach of the Contract, we reserve the right to refuse to supply you with any additional Goods, or to suspend the delivery of any Goods, without limiting any other remedy available to us. We may exercise this right until such time as the breach has been remedied, where such breach is remediable.

 

7.                Risk and ownership

7.1             All risk in the Goods you order (including risk of loss and/or damage to the Goods) shall pass to you when they are delivered to the delivery address specified in your order.

7.2             Ownership of the Goods will only pass to you when we receive full payment of all sums due in respect of any Goods purchased by you from us, including delivery charges.

 

8.                Price and payment

8.1             The price of the Goods will be as quoted on our site from time to time, except in cases of obvious error.

8.2             All prices are inclusive of any applicable UK VAT.

8.3             Where you have requested delivery of your order to an EU country, the total cost of your order will include UK VAT.

8.4             Some international deliveries may be subject to import duties, taxes, fees or other levies when the delivery reaches the specified destination. You will be responsible for payment of any such import duties, taxes, fees or levies. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

8.5             Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.

8.6             It is always possible that, despite our best efforts, some of the Goods listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where the correct price of the Goods is less than our stated price we will charge the lower amount when dispatching the Goods to you. If the correct price of the Goods is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Goods, or reject your order and notify you of such rejection.

8.7             We are under no obligation to provide the Goods to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing.

8.8             We accept payment by credit or debit card withVISA, MASTERCARD and MAESTRO. We also accept payment via PayPal and Sage Pay. Please enter your payment details at checkout.

8.9             We will have no liability to you in respect of any exchange rate fluctuations or charges imposed by your bank or card issuer.

 

9.                Our returns policy

9.1             We offer a full 12 month return, exchange or refund policy; one of the most flexible anywhere.

9.2             If the Goods you have ordered do not fit, or they are just not right for you, we will be happy to exchange them for something else or give you a full refund. 

9.3             If you live in the UK, all you need to do is put the Goods back in their original packaging and post them to: FREEPOST RTLJ-ZCAG-TYZC, Clara-Olivia, The Post House, Kitsmead Lane, Chertsey KT16 0EG. 

9.4             This is a free returns service, so you do not need to put any stamps on the package or pay any postage; you just need to make sure that you write the address on the package exactly as indicated above. You should also put the packing slip in the package, so that we know that the package is from you; please also write a note on the packaging slip telling us what you want us to do. 

9.5             If you want a replacement item, please tell us the exact style, size and colour and we will arrange to send it to you. 

9.6             If you would prefer your money back, we will refund the full amount to your account within 24 hours of receiving your return. 

9.7             We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

9.8             You have an obligation to take reasonable care of the Goods whilst they are in your possession. We may, at our discretion, refuse to refund or replace any Goods if we consider that you have failed to discharge this obligation.

9.9             If any failure to discharge the obligation in clause 9.8 results in any loss or damage pursuant to clause 10, any such loss or damage may be considered as having been caused by you or contributed to by you.

 

10.            Our liability

10.1         We warrant to you:

(a)         that any Goods purchased from us through our site are of satisfactory quality and reasonably fit for all of the purposes for which goods of that kind are commonly supplied; but

(b)         we shall only be liable to you for:

(i)           losses that are caused as a result of any breach of Contract by us (up to the value of the purchase price of the Goods you purchased); and  

(ii)         losses that are caused as a result of our negligence; and

(c)          we shall not be liable for any loss pursuant to clause 10.1.(b) if:

(i)           any such loss is not foreseeable. Losses are foreseeable if they could have been contemplated by both of us at the time that your order was accepted by us; or

(ii)         any such loss (or any part thereof) was caused by or contributed to by your breach of any of these Conditions; and

(d)         we shall not be liable for any indirect losses which happen as a side effect of the main loss or damage, and which are not foreseeable by you and us (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) howsoever arising and whether caused by breach of contract, negligence, or otherwise.

10.2         Nothing in these Conditions shall exclude 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.

 

 

11.            Written communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our site. For contractual purposes, 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. This clause does not affect your statutory rights.

 

12.            Notices

All notices to us shall be in writing and shall be made either via e-mail or post to the addresses in the Contact Us section of our site. We may broadcast notices or messages through our site or contact you by email and notification by either of these methods shall constitute notice to you.

 

 

13.            Transfer of rights and obligations

13.1         Any Contract between you and us is binding on you and us and on our respective successors and assigns.

13.2         You shall not assign or delegate all or any of your rights or obligations under the Contract without our prior written consent, such consent not to be unreasonably withheld.

13.3         We reserve the right to assign, subcontract or transfer all or any of our rights and obligations under the Contract to any person, firm or company without notice to you.

 

14.            Events outside our control

14.1         We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the 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; or

(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, 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 under the Contract may be performed despite the Force Majeure Event.

 

15.            Waiver

15.1         If we fail, at any time during the pendency of the Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

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 Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 12 above.

 

16.            Severability

If any of these Conditions or any provisions of the 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 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         We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Conditions.

 

18.            Our right to vary these Conditions

18.1         We have the right to revise and amend these 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 Conditions in force at the time that you order Goods from us, unless any change to those policies or these 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 we notify you of the change to those policies or these Conditions before we send you the Dispatch Confirmation.

 

19.            Law and Jurisdiction

The Contract will be governed by English law. Any dispute arising from, or related to, the Contract shall be subject to the non-exclusive jurisdiction of the Courts of England and Wales.