Terms & Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. These terms and conditions may be amended from time to time and it is your responsibility to check. If you do not agree to these terms and conditions, please do not use this site.
Terms of Sale
All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability. No guarantees are made and any delays resulting from postal delays or force majeure are not the responsibility of Claire Berry. By placing an order through our website, you must be over 18 years of age, legally capable of entering into binding contracts, possess a valid credit/debit card issued by a bank acceptable to us and ensure the information given on your order form is complete and accurate.
Placing an Order
Once your order is placed, you will receive an email acknowledgment of your order. A contract between you and Claire Berry is formed once we send you a dispatch confirmation via email that the products that you have ordered have been dispatched. This email will constitute our legal acceptance of your order. Only the products listed in the dispatch confirmation will be those included in the contract formed, as there may be occasions where not all the products you have ordered have been ready for dispatch.
All prices are inclusive of VAT (if applicable) and are quoted in British (Sterling) Pounds. Delivery costs are additional and are clearly set out on the website. Currently we only deliver within the UK. You can pay for products purchased from Claire Berry by using any of the credit/debit cards displayed on the payment pages of our website. All cardholders are subject to validation checks and authorisation by the card issuer. Products cannot be delivered unless these are completed. Should the payment not be authorised, we will be unable to accept your order and we will not be liable for any subsequent delay or non-delivery.
We try to ensure all details, descriptions and prices appearing on our website are accurate. Errors may, however, occur. Should there be a change in price or expected delivery date, you shall be informed as soon as possible and be given the option of either reconfirming your order or rejecting it. If we have been unable to contact you, the order shall be treated as cancelled.
Claire Berry will try its utmost to supply your chosen products. These will be subject to availability. Claire Berry reserves the right to withdraw products without notice. You may only purchase Claire Berry products if they are for a personal, non-commercial use. Products are not and will not be supplied for resale.
Claire Berry will endeavour to ensure that details and specifications of our products within the website are correct. There may, however, be occasions when some of the information featured may contain typographical errors, incomplete data or inaccuracies including, without limitation, photographs and/or other images of the products. All errors are wholly unintentional.
Whist images are a close representation, we cannot accept responsibility for colour variation. Colour variations can also occur using different computers and/or browsers and Claire Berry is not responsible for these.
You may cancel your contract for any reason upon giving written notice via email to Claire Berry within 7 days of the date of the contract. The email notifying us must contain the order number from your order confirmation email. You will receive a full refund of the price paid by you for the products. These products must be returned to us immediately at the address provided and must be in the same condition you received them as you have a legal obligation to take reasonable care of the products whilst they are in your possession. They must be returned at your own cost and risk, unused and in their original packaging.
Returns, Exchanges and Refunds
Claire Berry will accept returns within 14 days of receipt provided the products are returned in perfect condition and in their original packaging. From the time of delivery, the products are yours and will be held at your own risk. You may request an exchange or a credit note. You may use our returns form or email to notify us.
Please enclose your order number which will be on your order confirmation email and RMA number if one is provided, and list the products and the reason for your return. A copy of your receipt should also be enclosed. We would strongly recommend that all returns and exchanges are sent to us via a secure service as we will not exchange or refund items that are lost and/or damaged in transit. Products are returned at your own expense. These should be sent to the address provided following the request for return.
Should products be returned in accordance with the 7-day cancellation policy, as set out above, we will give you a full refund within 14 days of us receiving the products. This will cover the price and delivery of the products. The cost of returning the products will be borne by you.
Should products be returned for a different reason such as a claim that they are faulty or that an incorrect product has been sent, an inspection of the products will be made once received. Where applicable, a refund will be given for any products returned or an incorrect product being sent. Delivery costs for returning the products to us (provided you enclose a receipt) will be borne by us. Please notify us as soon as possible by using our returns form or email to firstname.lastname@example.org, giving your order number and the reason for your return. All goods should be returned in their original packaging.
Use of the Website
Use of our website is subject to our terms and conditions. It is for your personal and non-commercial use only and no copying, distribution or business use is permitted. You must not misuse this website. Whilst assessing, browsing and /or using our website you must not:
- commit or encourage a criminal offence;
- transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
- hack into any aspect of the service;
- infringe upon the rights of any other person's proprietary rights;
- corrupt data;
- send any unsolicited advertising or promotional material, commonly known as "spam";
- cause annoyance to other users;
- attempt to affect the performance or functionality of any computer facilities of or accessed through this website.
A breach of this provision constitutes a criminal offence. Claire Berry will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
Claire Berry are not liable for any loss or damage caused by a distributed denial-of-service attack, viruses or any other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or to your downloadings of any material posted on it, or any website linked to it.
We cannot guarantee a continuous uninterrupted internet presence especially when online maintenance, repairs, modifications or upgrades to the website have to be carried out or in circumstances beyond our control. We reserve the right to alter or withdraw the website at any time without notice.
Intellectual Property Rights
The intellectual property rights in all material or content supplied as part of this website shall remain at all times vested in Claire Berry or its licensors. These include pictures, designs, logos, photos, written text and other material. These rights are protected by copyright laws and treaties around the world.
The copying, modification, distribution, reproduction or incorporation into any other work of part or all of the material available on this website in any form is prohibited. Exceptions exist if you print, copy or download parts of the website for the sole purpose of ordering products.
Claire Berry shall not be liable to you by reason of any representation (unless fraudulent), or any duty at common law, or any implied warranty, condition or other term, or under the express terms of the contract, any indirect, special or consequential loss or damage (whether caused by the negligence of Claire Berry, its directors, employees, agents or otherwise) which arise out of or in connection with the use of this website.
The supply of the products, their use or resale by you, and the entire liability of Claire Berry under or in connection with the contract shall not exceed the price of the products, except as expressly provided in these conditions. Claire Berry are not liable to you or be deemed to be in breach of the contract for any delay in performing or failure to perform any of our obligations in relation to the products ordered by you, should the delay or failure be beyond our reasonable control. Your statutory rights are not affected.
Nothing in this disclaimer section or elsewhere in these terms and conditions shall act to limit or exclude our liability for the death or personal injury caused by the negligence of Claire Berry, its agents or its employees.
Claire Berry's Registered Office is located at: PO Box 844, Exeter, Devon EX1 9XA.
Governing Law and Jurisdiction
These terms and conditions are to be construed in accordance with the law of England. In the event of any dispute or claim associated with theses terms and conditions, it shall be subject to the exclusive jurisdiction of the English Courts.