SALES TERMS AND CONDITIONS
1. Terms and Conditions
1.2. Your purchase of products which we supply to you through this Website (whether orders are placed online, in person, through email or over the telephone) (“Products”) is subject to the Website Terms and Conditions of Sale (“Terms and Conditions of Sale”).
These Terms will apply to any contract between us for the sale of Products to you (“Contract”).
1.4. We may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws or regulatory requirements. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
2. Information about us
2.1. Our office is located at 21 Cranley Drive Ilford, Essex, IG2 6AH.
2.2 You can contact us by writing to us the above address.
2.3 If we have to contact you in writing we will do so by the email address you provided to us when registering on the Site.
3. Acceptable Use
This acceptable use clause sets out the terms between you and us under which you may access the Clean Clogs website (‘the Site’). This acceptable use policy applies to all users of, and visitors to, the Site. Your use of the Site means that you accept, and agree to abide by, all the policies in this acceptable use policy (including but not limited to Our Privacy and Cookies Policy), which supplement our Terms for the Site. Standards of accuracy, decency and lawfulness.
4. Licence for website access
Clean Clogs grants you a limited licence to access and make use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with our express written consent. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or any use of data mining, robots, or similar data gathering and extraction tools. This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without Clean Clogs express written consent.
You must not use the website in any way that causes, or is likely to cause, the website or access to it to be hindered, disrupted or impaired in any way.
You must not use the website for any of the following:
In any way that breaches local, national or international law
for dishonest & fraudulent purposes, or in connection with a criminal offence or unlawful activity;
to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; objectionable; or which consists of, or contains, software viruses (Trojan horses, time bombs, spyware, key ware loggers or any other harmful software programs) political campaigning, commercial solicitation, mass mailings or any 'spam'; to cause annoyance, inconvenience or anxiety.
6. Sales Contract
6.1 Orders placed by you on the website (the “Website”) for the products offered by us through the website are only an offer to conclude a sales contract. The sales contract is entered into upon the confirmation of the order by us to you.
6.2 You are the individual or individuals placing the order (‘you’, ‘your’). You must be 16 years or over to enter into a contract with us by placing an order with us, you confirm that you are 16 years or over.
6.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither party will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
6.4 We intend to rely upon these purchase terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by ourselves, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
7. Order Placement
7.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please carefully check your order at each page of the order process.
7.2 You agree that in placing an order, you accept that regardless of provisions and results given on the Site, you accept full responsibility to ensure that your footwear is suitable for use within the wash bag and further for placement within the washing machine. Failure to adhere to Manufacturer’s instructions is at your own risk.
7.3 After you have placed 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. Our acceptance of your order will take place as described in clause 7.4.
7.4 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (“Dispatch Confirmation”). The Contract between us will only be formed when we send you the Dispatch Confirmation.
7.5 If a Product is not in stock and we are unable to supply you that Product or because we cannot verify delivery or payment information you have supplied, we will inform you of this by email and we will not process your order. If you have already paid for the item(s), we will refund you the full amount (including any delivery costs).
7.6 If we are unable to verify the delivery or payment information you have supplied we may restrict delivery to the address to which your credit or debit card is registered.
8. Website Content and Information
8.1 We endeavour to ensure that all information and products we are offering on the website are accurate, clearly understood and easily found but we shall not be liable for any error.
8.2 In the event of human error or malfunction in the technology the prices on the site do not commit us to sale; until a price is agreed and we accept payment. Before agreeing the contract, we will confirm the actual price that you will pay.
8.3 Some of the images of the products on our website are for illustration purposes only and may be shown larger than actual size to show more accurately the details of the item. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of colours accurately reflects the colour of the products. Your item(s) may vary slightly from these images.
8.4 Delivery information shall be indicative only and is estimated from point of despatch confirmation.
8.5 We reserve the right at any time to modify or discontinue Products without notice. We shall not be liable for any modification, price change, suspension or discontinuance of Products.
8.6 Your use of the information, materials or Products on this Site are at your own risk. It is your sole responsibility to ensure products meet your specific requirements.
9.1 We accept all major credit cards (American Express / MasterCard / Visa) debit cards (Solo / Maestro / Visa Debit / Visa Delta / Visa Electron) and PayPal payments.
9.2 Your credit card or other account detailed at 9.1 above will be debited when you click on the “confirm” button.
9.3 You must pay for products before we dispatch them.
9.4 In the event that the sum due cannot be debited for whatever reason, the sale will be cancelled and you will be notified in writing.
10.1 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures. If we accept and process your order where a pricing error is obvious and unmistakeable and could have reasonably been recognised by the average customer as an error, we may end the Contract, refund you any sums you have paid and require return of any products provided to you.
10.2 Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent.
11. Products and Services
11.1 Clean Clogs sells a specialist footwear washing machine bag (‘Products’), as listed on www.cleanclogsworld.co.uk.
12.1 We maintain a controlled amount of stock Products, but whilst we do our very best to ensure that there is an accurate inventory for your shopping ease, items do sell out. If this happens you will be notified in a timely manner (usually the same or next day), and we will offer you suggestions on fulfilment of your order or refund any monies paid by you.
12.3 Products held in stock are dispatched within 7 working days.
13.1 Deliveries are not made to PO Box or hotel addresses in the UK.
13.2 The Product will be your responsibility from the time we deliver the Product to the delivery address you gave us or from the time you purchased the item at a trade show.
13.3 Delivery times are estimates only.
13.4 UK delivery covers England, Scotland, Northern Ireland, Wales, the Channel Islands, Scilly isles and the Shetlands.
14.1 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 email or provide you with information by posting notices on our website. 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 condition does not affect your statutory rights.
14.2 Notices and communications
All notices given by you to us must be given to Clean Clogs at our registered address at 21 Cranley Drive, Ilford, Essex, IG2 6AH. We may give notice to you at either the email or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email that such email was sent to the specified email address of the addressee.
15.1 If any product you purchase from us is found to have a defect in material or workmanship within 14 days of the date of purchase we will repair that defect without charging you for materials or labour.
15.2 In the event that the product cannot be repaired then we will replace the item with an identical or what we consider to be a near identical piece.
15.3 This warranty is valid only to the original purchaser when a new piece is purchased from us.
15.4 This warranty is invalidated if you allow a third party to repair or attempt to repair any item.
15.5 This warranty does not cover expenses incurred by you due to a lack of proper care of your product.
15.6 Please keep your proof of purchase documents as they will be required for in order to procure warranty service in the event you wish to make a warranty claim.
15.7 Please notify Clean Clogs within 14 days of purchase in the event that you wish to claim a replacement for a defect.
16. Loss and Damage
16.1 We will repair or replace, free of charge (including costs of re-delivery) any Products which are damaged or lost in transit where delivery is made by our carrier, but only if:
16.1.2 you tell us about the damage or loss within 24 hours of the delivery date in the case of damage and within 24 hours of the delivery date we gave you when you placed your order in the case of loss; and
16.1.3 you produce to us all documents relating to the lost or damaged Products and the original packaging for damaged Products
17. Limitation of Liability
17.1 As a condition of use of this Website, you agree to indemnify us from and against any and all liabilities, expenses (including legal fees) and damages arising out of claims resulting from your use of this Website, including without limitation any claims alleging facts that if true would constitute a breach by you of these terms and conditions.
17.2 Subject to the following sub clauses, in no event shall the aggregate liability of any party to the other (whether it contract, tort (including negligence) or otherwise) and in respect of all claims, losses and damages arising under or in connection with these Terms and Conditions:
17.2.1 provided that this shall be subject to an overall limit of the total amount paid to Clean Clogs under a confirmed order in respect of any and all claims, losses and damages arising under or in connection with these terms and conditions.
17.2.2 The above limits on liability shall apply in respect of any indemnities provided by either party under this Agreement, including without limitation to the indemnities under clauses 26 Intellectual Property
17.2.3 Each party's liability to the other in contract, tort (including negligence), misrepresentation (whether innocent or negligent), breach of statutory duty or otherwise arising out of or in connection with these terms and conditions shall not extend to any:
1. loss of profits;
2. loss of business opportunity;
3. loss of goodwill;
4. loss of data;
5. loss of anticipated savings; or
6. any special, indirect or consequential loss or damage whatsoever.
17.2.4 The parties agree that the limitations on liability within these terms and conditions are reasonable given their respective commercial positions and ability to purchase relevant insurance in respect of risks.
17.2.5 Notwithstanding the above or other limitations and exclusions of liability set out in these terms and conditions, neither party excludes or limits any liability for:
1. fraud or fraudulent misrepresentation; or
3. any breach of any obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982.
17.3 Clean Clogs is not liable for any change in appearance, colour, smell, texture, size or fit of footwear or contents placed inside the bag. This includes changes which may occur when placed in the washing machine. Clean Clogs accept no liability for damage to the washing machine or contents thereof. Clean Clogs further accepts no liability for changes to any other items, such as garments left in the washing machine when used with the washing bag. This includes but is not limited to changes in colour, smell, texture and any staining thereof. This includes the washing machine drum.
17.4 Clean Clogs do not guarantee results due to natural external variances
18. Force Majeure
18.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control.
18.2 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;
(f) the acts, decrees, legislation, regulations or restrictions of any government; and
(g) pandemic or epidemic.
18.3 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.
19. Cancellation of Contract
19.1 You have the right to cancel the sales contract in accordance with this Clause
19.2 You are not obliged to include the reason for cancelling the sales contract, but shall ensure that the cancellation shall be made in writing by mail or email or by the return of the items within the fourteen (14) day days of receipt.
19.3 Your order cancellation will take place after;
a). The product is received by us; and
b). Our examination process verifies that the product(s) are in their original conditions.
19.4 Prior to cancellation you shall retain possession of the item(s) and take reasonable care of them.
19.5 The Customer bears the direct costs and risks of the returned products.
19.6 You are under the duty to take reasonable care to ensure that the returned item(s) are received by us in good condition. We have the right to charge you a refinishing fee for any item(s) returned as a result of the use or misuse of the items.
19.7 If the right of cancellation is exercised, (s)he is obliged to return the products as soon as reasonably possible but at least within fourteen (14) days of the dissolution at their own expense.
19.8 You will be reimbursed for the amount that you are owed within 30 days after we have received the item.
19.9 Right to cancel does not apply to made to order products.
20. Returns & Refunds
Our Returns Policy applies to all purchases made on the Clean Clogs website and are incorporated by reference in these Terms.
20.1 Returns and Exchange Policy
If you are not entirely satisfied with the product purchased, you can return within the ‘cooling off’ period of 14 days. We will exchange the product for an item of the same value. This does not apply to custom made items.
20.2 Unused products, with all of the original receipts and packaging must be post-marked to us within 14 days of receiving your order for a full refund.
20.3 If you wish to return a Product to us, either under the rights provided by the Regulations or, if you believe the Product is damaged or is the subject of a fault, and you are relying upon your statutory rights and/or you believe that the Product is covered by our warranty, you should not make further use of the Product. Use of the product can in circumstances outside of the Regulations lead to a reduction in the amount of refund you may be entitled to. Custom products can only be returned if damaged.
20.4 We do not accept returns after 14 days. If, however, you would like a full refund then the following process must be followed.
a.) Please email email@example.com to inform us that you would like to return your item. You will be given a Returns reference number which must accompany item(s) when shipped back to us
b.) Return all original packaging,
c.) Address your package after receiving details from us as to the returns address.
d.) Contact us before the product is actually sent. Any unauthorised mail will be returned to sender. Any items damaged or altered in any way will not be accepted as returns.
e.) Quality checking/assessment will take place once the item(s) are received.
f.) Once received and checked you will receive an email (quoting your Returns reference number) which will confirm any further course of action if necessary.
g.) We will refund any money received from you, normally by using the same method originally used by you to pay for your purchase.
Returns - Additional Information
We will not assume responsibility for reimbursement or compensation in the event that return packages are lost, stolen, or mishandled.
We cannot accept Returns that have been used, altered or damaged.
We reserve the right to refuse return of any product(s) that do not meet the above return requirements according to our sole discretion.
21.1 Clean Clogs allows you to link to our homepage provided that you do so in a way that is fair and legal and does not take advantage or gain from use of our reputation. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Clean Clogs and its affiliates without our express written consent. The website from which you are linking must comply in all respects with our Acceptable Use Clause and with applicable laws. You must not establish a link in a manner that suggests endorsement, partnership or approval on our part where none exists.
22. Moratorium and Termination
A breach of our Acceptable Use Policy may give rise to the following, dependent on our determination;
22.1 Immediate, temporary or permanent withdrawal of the rights to use our Site;
22.2 A claim for damages and/or be a criminal offence.
23. Third Party Content
23.1 We provide links to Web pages and content of third parties ("Third Party Content") as a service to those interested in this information. We do not monitor or have any control over any Third Party Content or third party websites and are responsible for the accuracy or completeness of the information.
23.2 We are not responsible for third party websites privacy policies, we encourage you to read the privacy policies of each and every website that collects personal information. All of the third party websites that we link to are reputable authorities in their specific area.
If we fail, at any time during the Contract to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court to be unenforceable or invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect. No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing. You may not assign your rights or obligations under these Terms to anyone. We may cede, assign or otherwise transfer our rights and obligations in terms of these Terms to third parties.
This website and its content is copyright of Clean Clogs. All rights reserved.
26. Intellectual Property
26.1 Clean Clogs respects and rigorously abides by intellectual property laws. Accordingly, Clean Clogs rightfully expects the same of all parties who use our website. Clean Clogs and/or its affiliates are owners or lawful licensees of all content (including but not limited to designs, logos, colour schemes, graphics, graphic styles, text, images and video/audio sequences) displayed on this website. Any unauthorized copying, publication, reproduction or distribution of copyrighted works is an infringement of the copyright owners' rights and is therefore prohibited. You may not, except with our express prior written permission (on whatever terms we deem appropriate), distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
Any unauthorized use of Clean Clogs (without limitation) patents, trademarks, service marks, logos, slogans, screen shots, graphics, graphic styles, designs, blog posts, copyrighted materials or any branded features ("Clean Clogs Proprietary Property") without our prior written permission is strictly prohibited. If you infringe upon Clean Clogs’s rights with respect to any Clean Clogs Proprietary Property, you will be ordered to cease such illegal activity and you may be liable to Clean Clogs for any and all damages (including recovery of legal fees and expenses) which may be suffered and/or incurred as a result of your infringement.
If you are a legitimate copyright owner who believes that your rights have been infringed upon in any way through the content or services provided on this website, please notify us at: Clean Clogs, 21 Cranley Drive, Ilford, Essex, IG2 6AH
Telephone: 0208 518 3859
26.2 Additional Copyright Information
We accept no liability for the content and accuracy of the information we provide on the web site other than those referred to in our terms and conditions.
We reserve the right to make changes, without prior notice, to any products, services information and statistics mentioned on this site at any time.
26.3 Design Right
All of our designs are protected under 'Design Right' and remain our intellectual property that means that to use these designs for any purpose without our permission would be an infringement of English Law.
The images and videos on our site including all associated third party websites and applications are for informational purposes only and are not indicative of guaranteed results. Results will vary. All images and text are automatically protected by copyright. They should not be downloaded or printed for any purpose other than legitimate use related to us.
These Terms and Conditions and your use of this site will be governed by and construed in accordance with English Law.
Please note that nothing contained in these Terms and Conditions of Sale in any way affects your statutory rights.