Terms and conditions of use

TERMS AND CONDITIONS

These terms apply to your use of our website (the “Website”) and our use of your personal information. You should read them carefully.

1. USE OF THE WEBSITE

1.1 By using the Website, you are deemed to have full knowledge of these terms and conditions and to accept them. We advise you to read them carefully and keep a copy of them. If you do not agree to be bound by these terms and conditions, please do not use the Website.

1.2 Copyright

1.2.1 All material accessible on this Website is protected by copyright. You may view Website pages on screen and may print or download extracts of them for your own personal use.

1.2.2 You may supply a copy of any such extract to any third party provided that:
(a) the extract is for their own personal use;
(b) the extract is not supplied as part of or incorporated in another work, website or publication;
(c) the extract is not supplied either directly or indirectly in return for commercial gain; and
(d) the third party is made aware that the source of the copy is this Website and that these terms and conditions apply equally to them.

1.2.3 No part of this Website may be reproduced, transmitted to, or stored on any other website or in any other form of electronic medium without our express written consent.

1.3 Availability of the Website

We will use our reasonable endeavours to provide you with a prompt and continuing service. We do not, however, warrant that the Website or the service it provides will continue uninterrupted or without delay or that it will remain unchanged.

1.4 Content of the Website

1.4.1 Whilst we will use our reasonable endeavours to ensure that the information contained in the Website is correct and reliable, no warranty, either express or implied, is given as to the accuracy or completeness of that information.

1.4.2 The Website contains cloversoul links to a number of websites owned, operated and controlled by third parties. We have no control over or proprietary interest in any of these websites and, as such, make no warranties with regard to the quality, security, accuracy or any other aspect of such sites, and exclude any and all liability arising from use of the same.

1.4.3 The Website contains content and services (“Third Party Services”) owned, operated, controlled or provided by third party service providers (“Third Party Providers”) and not by us. Where appropriate the provision of any Third Party Services to you by any Third Party Providers shall be on the terms and conditions of the relevant Third Party Provider. It is your responsibility to make yourself aware of such terms and conditions. We exclude any and all liability arising from the provision of any Third Party Services to you by any Third Party Providers and your only remedy for failure to provide such Third Party Services is against the relevant Third Party Providers.

1.5 Queries

While every effort is made to ensure that any enquiry you submit is dealt with promptly, we cannot guarantee that your query will always be dealt with within the timescale you require. If your enquiry is submitted to a Third Party Provider then we will not necessarily read or see your enquiry. We cannot guarantee complete confidentiality and recommend that you do not include sensitive information, or information which could be classed as a trade secret, via the internet.

2. OUR PRIVACY POLICY

2.1 Personal Information

2.1.1 When you use our website and/or purchase products or services from us you may provide us with personal information about you, such as your name, address, fax and telephone numbers and email address (“personal information”). We are committed to protecting your privacy, and will use your personal information in accordance with the Data Protection Act 1998.

2.1.2 You are entitled to ask for a copy of your personal information at any time by writing to us at the ‘Contact Us’ address above. We may charge you a small fee for this. You are entitled to ask us to correct or update your personal information at any time by contacting us at the same address.

2.1.3 You consent to us transferring your personal information to any third party if that third party acquires substantially all of our assets.

2.1.4 You consent to us transferring your personal information to any countries outside the UK provided that similar levels of data protection as in the UK shall apply to your personal information.

2.1.5 We (and our representatives) may use your personal information to process your order, deal with your queries and for the purposes of record keeping. You consent to such use.

2.1.6 You acknowledge that many parts of the service provided on the Website are provided by third-party service providers and not by us. You consent to us transferring your personal information to such third-party service providers for the purposes of processing your order, dealing with your queries and for the purposes of record keeping.

2.1.7 We may contact you from time to time to tell you about our goods and services similar to the ones that you have enquired about. If you do not want us to do so you can “opt out” by indicating this when submitting forms on the Website or by writing to us or emailing us at any time at the ‘Contact Us’ address above or the address shown in any information that we send to you.

2.1.8 We may wish to contact you from time to time to tell you about our other goods and services and/or provide your information to third parties so that they can contact you from time to time to tell you about their goods and services. If you want us to do so you can “opt in” by indicating this when submitting forms on the Website or by writing to us or emailing us at any time at the ‘Contact Us’ address above or the address shown in any information that we send to you.

2.1.9 Where you access websites which are owned, operated and controlled by third parties through the hyperlinks on this Website, the terms of this privacy policy will not apply. You should review the privacy policies on third parties’ websites before submitting any of your personal data.

2.2 “Cookies”

2.2.1 Certain parts of the Website use “cookies” to keep track of your visit and to help you navigate between sections. A cookie is a small data file that certain websites store on your computer’s hard-drive when you visit them. They can contain information such as your user ID and the pages you have visited. The only personal information a cookie contains is information you have supplied yourself.

2.2.2 We use cookies on the Website to enable us to deliver content that is specific to your interests and get an idea of which parts of the Website you are visiting. Our cookies do not read data from your computer’s hard-drive or read cookies created by other websites that you have visited. This means that your visit will be tracked, but that to all intents and purposes you remain anonymous.

2.2.3 If you do not want your visit to the Website to be tracked by our cookies, you can set your internet browser and/or firewall to disable them. Unfortunately, this may have a negative affect on your use of the Website. Please refer to your internet browser help file to see how to disable cookies on your p.c.

2.3 Security

The Website has numerous security measures in place to prevent the loss, misuse and alteration of information under our control, such as passwords and firewalls. We cannot, however, guarantee that these measures are, or will remain, adequate. We do, however, take data security very seriously and will use all reasonable endeavours to protect the integrity of the information you provide.

3. GENERAL

3.1 We reserve the right to change these terms of use and privacy policy at any time without prior notice to you, so you should check these terms each time you use the Website.

3.2 Even though any contract between you and us relating to your use of the Website is concluded over the internet, you and we agree that it has been concluded in England in writing. Any such contract is governed by English law and, except as provided below, you and we each hereby accept the exclusive jurisdiction of the English courts. If you are a consumer and live in another part of the UK (i.e. Scotland or Northern Ireland) your local laws and courts may have jurisdiction.

3.3 Except in the case of our fraud, or death or personal injury caused by our negligence, we exclude any and all liability that you may suffer or incur in connection with your use of this Website, whether or not it was a foreseeable consequence of our breach, negligence or other default.

Shopping with Cloversoul

* You can Order Products in the following ways:
online via this website;
wwww.cloversoul.co.uk

Via the Post;
Please send email to returns@cloversoul.com for details on how to return items.

Via the telephone or fax;
Telephone: 0161 850 0001
Fax: 0161 660 8917
email: info@cloversoul.com

* When you place an order for a Product in any of the ways described above (“Order”) you are offering to buy it for the price stated, subject to these Terms. There will be no contract of any kind between you and us unless and until we actually dispatch the Products to you. At the moment the Products are dispatched (and not before), a contract will be made between you and us, and you will be charged for the Products. Where items are dispatched separately then our acceptance of your offer in respect of each item takes place when that item is dispatched.
* When you place your Order online we will send you an email to confirm that we have received it. This email confirmation will be produced automatically so that you have confirmation of your order details. The fact that you receive an automatic confirmation does not necessarily mean that we will be able to meet your order. Once we have sent the confirmation email we will then check availability and contact you with a further email. If the Product is available and the details of the order are correct, this further email will specify delivery details and confirm the price of the Products purchased. If the Product is not available we will also let you know by email.
* All new orders are deemed separate and each is treated individually.
* All Products remain the property of cloversoul.com until payment in full has cleared.

Your Information

* All personal information provided by yourself is only used in the processing of your individual order and is under no circumstances forwarded to any third party.

Price

* We always try to make sure that the prices on cloversoul.co.uk are accurate but errors may occur. If we discover an error in pricing of the Products in your Order we will inform you as soon as possible using the contact details you supply us with. We will then give you the option of reconfirming your Order at the correct price or cancelling it. (If we are unable to reach you we will treat the Order as cancelled). If an Order is cancelled, any payment made for the Products will be refunded in full.
* All prices are expressed inclusive of any VAT payable unless otherwise stated.
* The price of the Products does not include delivery costs. You will be notified of the delivery costs automatically before you submit your credit card details, based on the delivery address you specify. For more information about our delivery charges for despatches to UK addresses see the cloversoul.co.uk ordering information page. If you order online but pay other than with a credit card, or order in any other way, please contact us for details of the postage cost.
* Prices are quoted on cloversoul.co.uk in UK pounds – outside the UK your credit card company should exchange the amount charged to the currency of your country at the current rate. Please note that both charges and refunds are in UK pounds and cloversoul.co.uk cannot be held responsible for any loss due to exchange rate fluctuations.
* Non-EU customers are responsible for Import Duty/Tax in their respective countries. Unfortunately we cannot advise you what these costs will be – please consult your local customs office for more information.

Cancellation by you & Returns Policy

If you feel the goods you have received are damaged in anyway, please ensure you return them to us unused within seven days. We will be more than happy to repair your order. Please be aware that all our goods are handmade to your order and cannot be returned for reasons other than damage. If you have ordered the wrong size and wish to change it, then there is a workshop fee to adjust the size. Please keep all the packaging materials and return the goods as they were sent to you. Items that this does not apply to are Earrings (for hygiene reasons) and any commissioned items. These items cannot be returned. Items returned to us that arrive damaged or lost will not be credited. The delivery charge on the original order will not be refunded. Goods damaged in transit to you will be replaced at no cost with free delivery. Please inform us of any breakage within three days of receiving the order. In order to return goods to us: Please email info@cloversoul.com stating the reason for returning the goods and we will supply a returns number that must accompany the goods. Goods without this number will not be addressed. Pack the damaged items back in their original packaging. Please enclose a written explanation for your return with your order and return the package to our address. Don’t forget to remove the previously used Royal Mail Recorded/Special delivery label from the front of the parcel. It is necessary to return goods to us using the Royal Mail Recorded/Special Delivery service. We strongly recommend you obtain a receipt of postage from the Post Office as proof of postage, as we will not accept responsibility for parcels lost in transit. We will only refund return/ exchange postage costs if the item returned is faulty.

Cancellation by us

We reserve the right to cancel the contract between us if:

* We have insufficient stock to deliver the goods you have ordered;
* We can not deliver to your area;
* One or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.

If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.

Payment

* You can pay by credit card, debit card, Nochex, Paypal, cheque or Postal Order. Authority for payment must be given at the time of the order. You will not be charged for items until they are dispatched.

Credit Card

* Orders may be processed online, or by telephone, using a credit or debit card (currently VISA, MasterCard, Delta and Switch/Solo).
* If your delivery address is outside the UK and you order online you must pay by credit card.
* To ensure that shopping online is secure, your credit/debit card details will be encrypted to minimise the possibility of someone being able to read them as they are sent over the Internet.
* Your credit card company may also do security checks to confirm it is you making the Order.
* All Order details and invoices will be sent to the credit card billing address and not the delivery address where the named recipient of the Order differs.
* Credit card security – the purchase area of our site is secured using industry-standard Secure Sockets Layer (SSL) technology to allow for the encryption of potentially sensitive information such as your name, address and credit card details.

Cheque or Postal Order

* In the UK, you may pay by cheque or Postal Order if you wish.
* Please make cheques payable to EDT Design and Technology Ltd and remember to include postage. Please also send us a covering letter detailing your order, cheque guarantee card number, guaranteed amount, expiry date, contact details and delivery address.

Delivery

* cloversoul.co.uk delivers to destinations inside and outside the UK.
* You will be notified of the delivery costs automatically before you submit your credit card details.
* Delivery will be made to the address specified by you on [the order form].
* Orders are dispatched by Royal Mail (1st Class)
* We will make every effort to deliver within the time stated on cloversoul.co.uk but we will not be liable for any loss caused to you by delay in delivery arising out of any cause beyond our control.
* If the Products are not delivered within the estimated delivery time, please contact us by telephone or email and we will try and ensure that you receive your order as quickly as possible, or if you wish you may cancel your order and we will refund the money you have paid.
* Please order from cloversoul.co.uk with enough lead-time to prevent any loss or disappointment resulting from the delivery time as cloversoul.co.uk cannot be responsible for this.
* This does not affect your statutory rights as a consumer.

Liability

* If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, please notify us by email to info@cloversoul.com of the problem within 10 working days of the delivery of the goods in question.
* If you do not receive goods ordered by you within 30 days of the date on which you ordered them, please notify us by email to infocloversoul@cloversoul.com of the problem.
* Subject to the maximum extent permitted by law, cloversoul.co.uk excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to cloversoul.co.uk and cloversoul.co.uk shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
-any interruptions to or delays in updating cloversoul.co.uk;
-any loss or damage resulting from your use or the inability to use the cloversoul.co.uk web site or resulting from unauthorised access to, or alteration of your transmissions or data in circumstances which are beyond our control;
-any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong;
-any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by persons accessing, using or downloading cloversoul.co.uk.
-all representations, warranties, conditions and other terms which but for this notice would have effect.

No liability is excluded for personal death or injury.

Invalidity

If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

Contacting Us

* If you would like help when ordering, information about a Product, a request for a Product or if you would just like to provide us with feedback on our service, please email us at feedback@cloversoul.com.
* You can also contact us:

Telephone: 0161 850 0001
Fax: 0161 660 8917
email: info@cloversoul.com

Cloversoul is a part of EDT Design and Technology Ltd Registered in the UK Company No. 05568400 Registered office address: 349 Bury Old Rd, Prestwich, Manchester, M25 1PY

Governing law
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.

Entire agreement

These terms and conditions, together with our current website prices, delivery details, contact details [and privacy policy], set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us.

THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS.

The cloversoul.co.uk website is owned and operated by EDT Design and Technology Ltd.