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Terms and Conditions

(Last updated: January 2008)

1. Title

Title in Goods supplied by Cloggs.co.uk, shall pass to the buyer upon payment of the purchase price in full. We are Libcol Limited, Trading as Cloggs.co.uk, 110-114 Corporation Street, Birmingham, B4 6SX. You are the buyer detailed on the Order Forms.

Our Agreement to supply the Goods is made on the date we deduct payment from your credit card the details of which you provided on the Order Form

Our Agreement includes all correspondence from us to you and the descriptions of the Goods as provided by us on our Website or otherwise.

2. Colour and Style Representations

Computer monitors and scanners vary in their reproduction of colour. Though we strive for accuracy, all picture colours, products and swatches displayed should be regarded as approximations. All Cloggs products are well known brands, so if in doubt over colour it is suggested that the customer should first check at a store.

3. Prices

All prices are listed in Pounds Sterling (£GBP). For international orders, your payment card provider will take payment in your local currency at the prevailing exchange rate.

Orders are subject to acceptance by the company and to availability of goods and will be charged at the prices ruling at the time of acceptance. Delivery costs will be those as quoted at the time of acceptance of the order unless subsequently agreed otherwise by the customer.
The price of the Goods shall be the price quoted by us on our Website on the Order Summary Page, unless agreed otherwise by us in writing. We reserve the right to amend any typographical clerical error or omission to prices where reasonable to do so (see 12). The price is inclusive of any payable value added tax in the UK and postage and packaging detailed once delivery serivces have been chosen.

4. Delivery

Our goods are delivered world-wide by Parcel Force or Registered Royal Mail. All our goods are insured in the event of loss. Deliveries for heavier goods can be tracked via the Parcel Force web site. It is our intention if goods are in stock to deliver to you within 3 working days. If goods are out of stock then we will endeavour to deliver within 30 days or you have the right to cancel the order.
You will be offered 6 choices for UK delivery and 3 choices for International delivery:-
UK:
>Standard: this is our 'Free Delivery' service. Orders are picked and packed but not prioritised. Shipping is via ParcelForce48 or Royal Mail Recorded Delivery.
>Free Returns: this is our 'Free Returns' service. Orders are picked and packed but not prioritised. UK customers will be sent a Pre-Paid Royal Mail Returns Label. Cloggs will also bear the cost of re-sending any exchanged goods back to you. Shipping is via ParcelForce48 or Royal Mail Recorded Delivery.
>Express Next Day, 10 am or 12 Noon: Orders are picked and packed as priority items. Parcelforce 24, 10 or 12 service are used respectively for shipping. If orders arrive outside of their expected delivery times stated in our delivery section then you could be entitled for a refund for your postage costs
>Saturday: Orders are picked and packed but not prioritised unless order has been placed before 2pm on a Friday. Parcelforce Saturday service is used for shipping. If orders arrive outside of their expected delivery time stated in our delivery section then you could be entitled for a refund for your postage costs

International:
>Standard: Orders are picked and packed but not prioritised. Shipping is via ParcelForce International Scheduled.
>Standard Returns Paid: For International Customers who select this option, Cloggs will not bear the cost of ensuring that goods are returned to us in the appropriate condition but will cover the cost of resending any exchange items back out to you. Shipping is via ParcelForce International Scheduled.
>Express: your order will be packed and picked as priority items. Shipping is via ParcelForce on Express International Delivery.
Cloggs are not responsible for bearing the cost of returning goods to us should you require a refund on your original purchase but will cover the cost of resending any exchange items back out to you.

5. Making Your Order

You need to search our website for the Goods you desire to purchase using your internet browser and our navigation menu system. Once you have selected the appropriate product(s) and delivery service, complete the Order Form in full and follow the instructions detailed on the Website to complete your payment.

6. Order Fulfilment

You understand that we make every possible effort to update the website to accurately reflect our stock levels. However, in circumstances where you have ordered an item that is out of stock at the point of picking, your order will be automatically 'Backordered' (see 'Order Statuses'), while we order new stock or await supply. In these circumstances our Customer Services Team will be happy to present you with options. If your goods are out of stock and discontinued so that we are unable to source the goods, we will make every effort to offer you an alternative if possible. If these alternatives are not acceptable, you may cancel your order at any time.

If your chosen products are in stock your Order will be processed as quickly as is reasonable to do so. We will deduct the price payable for your chosen products and delivery services from your nominated credit card or method of payment and your chosen products will be despatched to you forthwith.

You understand that we aim to deliver in stock items to UK customers within 3-5 working days but that this is not always possible due to reasons outside of our control. Should UK Customers not receive their chosen products within 5 to 7 days of us confirming their availability to you, please contact us to let us know. You will then be given the choice of:
> Cancelling your order whereupon we will refund the Price you paid or
> Requesting that we despatch further products to you (subject to availability) on the basis that you return one set of the products you receive should you receive two sets or
> Waiting a further agreed time period after which if your chosen products have not been received the previous two options will be available to you.

7. Correspondence

Cloggs.co.uk provides an internet-based service. Therefore electronic mail (e-mail) is a fundamental part of our service and we are not obliged to accept orders where a valid e-mail address is not provided. Our primary method of communication regarding your order will be via e-mail. You understand that we endeavour to manage the emails we receive as effectively and as efficiently as we can during normal working hours. Our online shopping system should ensure that your receive an automated email receipt confirming your registration, your order, and any amendments or adjustments that are subsequently made. You should also receive an automated email receipt confirming that your order has been picked, packed and despatched from our depot and that we have consequently taken payment. In the event of cancellations, refunds or part-refunds, you will also receive confirmatory emails.
You understand that we make every reasonable effort to contact you by email in circumstances that reasonably require us to do so. You undertake to enter a valid email address and to check your emails reasonably frequently until your order is completed to your satisfaction so that you are aware of any notifications that may be necessary to provide. The final email we send as part of your overall order service is one HTML email sent within 45 days of placing your order, offering relevant products and discount information. You can automatically unsubscribe from receiving further discounts by following the instructions at the bottom of the email, or by following the instructions on our unsubscribe request web page: www.cloggs.co.uk/page/newsletterunsubscribe.

8. Cancellation

It is your right to cancel your order within 7 working days of receiving the Goods. If the cancellation comes about because the goods are not suitable or do not fit then you will need to pay the cost of the return postage if you selected Standard delivery. You are entitled to a refund or an exchange in those circumstances. If the goods are faulty or are not exactly as described then you have the right to request a refund of the return postage as well as a refund or an exchange of the goods. Cloggs reserve the right to cancel any order at any time

9. Returns and Dissatisfaction

Under the Distance Selling Regulations, you may return the Goods to us if you are not satisfied with them provided they are returned in the same condition in which they were sent within 7 working days of your receipt of the Goods. However, for the convenience of our customers, in practice we operate a 28-day returns policy. Returns are only accepted under this policy if the goods are complete with all original packaging, tags and receipts, in the condition in which they were originally sent and sellable, and the returns procedure has been strictly adhered to. See our returns policy for more information.

You may request replacement products, which we will despatch to you (subject to availability) once we receive the original products which have been returned. If you are a UK Customers who selected "Free Returns", any "Express" or "Saturday" option at the point of sale you will be provided with a Pre-paid Returns Label which you can use to return the goods to us or you may be offered a collection. We will also cover the cost of returning any exchanged items to you. Please not if you selected the "Standard" delivery option, the cost of returning or exchanging the ordered goods are made at the customer's expense

Return of faulty or damaged goods should be made in accordance with the arrangements detailed in in our Returns and Exchanges section of the Website; or as otherwise specified for special times of year such as Christmas when there is usually an extended returns period offered, the details of which will be published clearly in the Customer Services section of the website. If Cloggs have sent you items in error, according to your originally placed order, or if items are faulty or damaged, Cloggs will refund your return postal costs.

In all other circumstances, Cloggs reserves the right to recoup postage costs made for exchanged or returned items.

10. Complaints

It is our express intention to deal with you complaints confidentially, fairly and speedily. Please endeavour to let us know of any complaint within 7 working days if at all possible. If you have a complaint or any other query please advise us in the first instance by e-mail to customer.services@cloggs.co.uk We will endeavour to advise you what to do to resolve the complaint and we will do that within 5 working days. We will keep you informed by telephone or e-mail as to what progress is being made in the resolution of the complaint.

11. Target Audience

Cloggs's web sites are NOT targeted at children. Orders from children under the age of 12 must be made by parental consent. No information will be knowingly held about children below the age of 12.

12. Basis of Sale

The terms of this, Our Agreement with You, shall govern our contract to the exclusion of any other terms and conditions. No variation to this Agreement shall be binding unless agreed in writing by us. Any typographical clerical or other error or omission in any sales literature price list acceptance of offer or other document or information issued by us is subject to amendment by us where reasonable in all of the circumstances to do so. You are responsible for ensuring the accuracy of your Order and the details provided in your Order Form. The quantity and description of your chosen products shall be those set out in the Order Form unless we subsequently agree otherwise.

13. Risk and Property

Risk of damage to or loss of your chosen products shall pass to you on delivery of them. Notwithstanding delivery and the passing of risk in your chosen products or any other provision of this Agreement property in your chosen products shall not pass to you until we receive cleared funds payment in full of the price of your chosen products.

14. Warranties

We warrant that you will be entitled to the benefit of any warranties or guarantee given by you the suppliers to us of your chosen products. This does not affect your statutory rights.
You warrant that the information entered onto the Order Form is true.
Where we sell to you under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) your statutory rights are not affected by this Agreement.

15. Force Majeure

We shall not be liable to you or be deemed to be in breach of this Agreement by reason of any delay in performing or any failure to perform any of our obligations if the delay or failure was due to any cause beyond our reasonable control. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond our reasonable control:-
Act of God explosion flood tempest fire or accident;
War or threat of war sabotage insurrection civil disturbance or requisition;
Acts restrictions regulations bye-laws prohibitions or measures of any kind on the part of any governmental parliamentary or local authority;
Import or export regulations or embargoes;
Strikes lockouts or other industrial actions or trade disputes (whether involving employees of us or of a third party);
Power failure or breakdown in machinery.

16. General

If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of this Agreement and the remainder of the provision in question shall not be affected thereby.
The Contract shall be governed by the laws of the United Kingdom.

17. Whole Agreement

The terms and conditions set out in this Agreement represents the entire Agreement.


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