Terms and Conditions
(Last updated: January 2012)
Title in Goods supplied by Cloggs Outlet, shall pass to the buyer upon payment of the purchase price in full. We are Cloggs (UK) Limited, Trading as Cloggs Outlet, 7th Floor, The Charters, 102 New Street, Birmingham, B2 4HQ. 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.
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. Unless stated otherwise, all prices include VAT (where applicable) but exclude delivery costs (which will be notified to you separately before you submit your order). 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 services have been chosen.
Orders must be placed by 4pm for all delivery options.
Our Next Day delivery option is a working day service and is a cost of £4.95. Therefore, orders placed after 4pm on Friday will be despatched on Monday for delivery on Tuesday.
Standard Delivery is £2.95, and is a 3-5 working day delivery.
UK working days – Monday to Friday excluding public and bank holidays
Please note, when using our Cloggs prepaid returns label and returning an item for a Refund, there will be a £4.95 deduction from the refund to cover the postage costs incurred to return your order.
Our carrier will deliver your parcel between 8am and 6pm, dependent on the delivery service selected. A signature may be required on receipt. If you are not around to accept your parcel, the carrier may leave it with a neighbour, or in a safe place (i.e. hidden from sight) if they think it is safe to do so. A calling card will be posted through your door to let you know this has been done. If the parcel can't be left in a safe place or with a neighbour, the carrier will take it back to the local depot, and leave you a card telling you how you can re-arrange delivery.
Should you provide us with a Mobile telephone number, we may pass on this information on to our carrier in order for them to provide you with updates direct to your Mobile regarding your delivery status. By providing us with this information, you are authorising Cloggs to use this information for this purpose. You will be offered several choices for delivery at the point of purchase.
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 automatically be cancelled and a refund of any payments taken will be immediately be actioned. We aim to deliver in stock items to UK Customers as promptly as possible in line with the delivery option chosen. Should UK Customers not receive their chosen products within 5 to 7 working 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.
Cloggs Outlet 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 you 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. You agree to receive relevant product offers and discounts by electronic mail. We will inform you about selected offers via e-mail. Your e-mail address is passed onto further companies. You can object to the usage of your e-mail address for promotional purposes at any time by e-mail. If you do not wish to receive such e-mails you can unsubscribe at any time by writing to us at email@example.com.
You have the right to cancel the purchase of an item or services without having to give a reason at any time within 7 working days, beginning, in the case of goods, on the day after you receive the goods, and in the case of services, beginning on the day after you purchase the services (a "cooling off period"). Please be aware that you will lose your right to cancel a contract for the provision of services during the cooling off period once we have commenced activation of the services or you use the services, whichever is the earlier. Cancellation consequences if you are in possession of the goods, you are under the duty to retain them and take reasonable care of them. You must send the goods back to us in their original condition to our contact address at your own cost (unless we delivered the item to you in error or if the item is damaged or defective) as soon as possible. Once you have notified us that you wish to cancel the contract, any sum debited to us from your credit card will be recredited to your account as soon as possible and in any event within 30 days of your cancellation. Where we collect an item from you we reserve the right to charge the direct costs of recovery from the payment card used for the original order.
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. Returns are only accepted under this policy if the goods are complete with all original packaging, tags and receipts. 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 Customer on your returns form you have been provided with a Cloggs Outlet pre paid returns label which you can use to return the goods to us. We will also cover the cost of returning any exchanged items to you. You must send the goods back to us in their original condition to our contact address at your own cost (unless we delivered the item to you in error or if the item is damaged or defective as soon as possible). Please note, when using our Cloggs prepaid returns label and returning an item for a Refund, there will be a £4.95 deduction from the refund to cover the postage costs incurred to return your order. This is charged back to your card or PayPal Account. Return of faulty or damaged goods should be made in accordance with the arrangements detailed in our correspondence; 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 on 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. If you return the goods to us because you have cancelled your purchase within the seven day cooling off period, we will process the refund due to you as soon as possible and in any case, within 30 days of the day you have given notice of your cancellation. In this case we will refund the price of the goods in full. However, you will be responsible for the cost of returning the item to us; *If you are not satisfied with a product for any reason e.g. if it is not what you ordered, it is damaged or defective, or we have delivered an incorrect quantity, please return the product to us. Once we have confirmed the product defect or other problem, we will: - Provide a full refund for any goods that are damaged or defective, if this is within a reasonable time following the sale; or - At your option, repair or replace the goods at our cost (including the cost of postage), unless this would not be possible or would be disproportionately costly in the circumstances, in which case we will refund to you the amount paid by you for the goods in question. We will usually refund any money received from you using the same method originally used by you to pay for your purchase. If you do wish to cancel the contract, you must do so in writing by email at this address: firstname.lastname@example.org. While you do not need to give us any reason for cancelling your contract and nor will you have to pay any penalty, it is essential that you return the goods to us in the same condition in which you received them. You have a legal obligation to take reasonable care of the goods while they are in your possession.
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 email@example.com 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 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. We store the contract's content and will send you the details of your order as well as our general terms via e-mail. The general terms you can find at all times. The details about your recent orders you will find in your customer login.
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.
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.
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. If you submit an order for goods and/or services via this site by clicking 'I accept', your order is an offer to us to buy the goods and/or services on our website. We will acknowledge receipt of your order by sending you an email acknowledgment of receipt of your order, and no binding contract will be formed between us unless and until we accept your order by separate email.
17. Whole Agreement
The terms and conditions set out in this Agreement represents the entire Agreement.