ClermontDirect.com Terms & Conditions
Terms and conditions of sale
By using our website, placing an order for goods and/or registering as a member of our websites you confirm your agreement to our terms and conditions, including the Privacy Policy, as set out below:
Conditions
An order for goods placed by you, the buyer, through our website shall be subject to these terms and conditions. All other terms and conditions, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law. Nothing in these terms and conditions shall affect the statutory rights of any consumer
Orders
All orders for goods shall be deemed to be an offer by you, the buyer, to purchase goods pursuant to these terms and conditions You, the buyer, shall be responsible for ensuring the accuracy of the details provided on the order form and we will not be obliged to accept an order unless all details requested on the order form have been entered correctly. No order submitted by you, the buyer, shall be deemed to be accepted by us unless and until we confirm acceptance of the your order by e-mail (where applicable) or by telephone We are entitled to refuse any order placed by you and will not be required to provide an explanation.
Goods
The goods may differ slightly from the images shown. We reserve the right to substitute products of a similar description and standard if the requested goods are not available but will use reasonable endeavours to match your order exactly. In the unlikely event of you receiving a substituted product you, the buyer, shall be entitled to return the goods for a full refund within 21 working days from the date of delivery, should the substituted product not be acceptable to you.
Price and Payment
The price of the goods will be the price quoted on the website at the date the order is received and will include VAT in the United Kingdom unless specified otherwise. We reserve the right, by giving notice to you, the buyer, at any time before delivery to increase the price of the goods to reflect any increase in the cost to us, which is due to any factor beyond our control (such as without limitation, any foreign exchange fluctuation, significant increase in the costs of labour, materials or other costs of manufacture) In the unlikely event of there being such an increase in the price of the goods you, the buyer, shall be entitled to cancel the order at any time before delivery. When we provide any goods to you, the buyer, under these terms and conditions, payment will be charged to the credit or debit card account provided by you on the website order form. By placing an order, you, the buyer, consent to payment being charged to your credit or debit card account as provided on the order form. Title to the goods will pass to you, the buyer, on payment in full of the price of the goods.
Your Warranty
You, the buyer, warrant that all details provided on the order form for the purpose of purchasing the goods are correct, that the credit or debit card you are using is your own and that there are sufficient funds and/or sufficient unused limit available to cover the cost of the goods.
LIMITATION OF LIABILITY
We will use all reasonable endeavours to carry out its obligations within a reasonable period of time but will not be liable to you, the buyer for any loss, costs or expenses arising directly or indirectly from any delays in doing so and we will not be deemed to be in breach of this Agreement by reason of any delay in performing, or any failure to perform, any of its obligations in relation to this Agreement, if the delay or failure was due to any cause beyond our reasonable control. Without prejudice to the generality of the foregoing, the following will be regarded as causes beyond our reasonable control:
· Act of God, explosion, flood, tempest, fire or accident;
· War or threat of war, sabotage, 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, lock outs or other industrial actions or trade disputes;
· Difficulties in obtaining raw materials, labour, fuel, parts or machinery;
· Power failure or breakdown in machinery
If we are prevented from carrying out is obligations in the above circumstances, it will notify you in writing. If we are still prevented from carrying out its obligations 3 weeks from the dated such notice was sent, then either party may give written notice to the other cancelling the Agreement. If the Agreement is cancelled in this way we accept no liability to compensate you for any loss or damage caused by failure to perform Except where you, the buyer are dealing as consumer (as defined in the Unfair Contract Terms Act 1977 section 12) we do not give any warranty, guarantee or indemnity as to quality, fitness for purpose or otherwise of the goods Except in respect of death or personal injury caused by our negligence, we will not be liable to you, the buyer, for any loss of profit or any indirect special or consequential loss, damage, costs, expenses or other claims, which arise out of or in connection with the supply of goods other than as a result of a breach of an obligation arising under the Sale of Goods Act 1979 (as amended) and the Supply of Goods and Services Act 1973.
Intellectual Property
The copyright in the material contained in this website and any trademarks and brands included in that material belongs to ClermontDirect.com You may download or copy the content and other down-loadable items displayed on the website subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of the website for other than personal use is expressly prohibited.
Website
We will attempt to ensure that the information available on the website at any time is accurate. However, we will not be held liable for any errors or omissions. We will use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of these. All drawings, descriptive matter and specifications of the goods on the website are for the sole purpose of giving an approximate description of the goods We may also change, suspend or discontinue any aspect of the website, including the availability of any features, information, database or content or restrict access to parts or all of the website without notice or liability.
Data Protection - Use of Personal Data
Any personal information provided to us will be used by us to process your application for registration, verify your identity and set up security procedures to enable you to access and use the pages of this site. We will only use cookies for session management purposes to validate the user and control timeout activity. We will not disclose information about you to any third party without your prior consent except where we are required to do so by law. We may however, occasionally contact you by email to inform you of special offers we feel might be of interest or information relating to the level of service we are currently able to provide. Any email you receive will contain details of how to easily opt out of any future correspondence. We may appoint a third party to process personal information on our behalf. Where this is necessary, we will put in place safeguards such as contract terms to protect your confidentiality.
ClermontDirect.com may use third-party advertising companies to place advertisements about our products and services on other websites. The advertising companies may use cookies to measure advertising effectiveness and offer selective ad content. The advertising companies may use anonymous information about your visits to our and other websites, but nothing that personally identifies you.
You may have the right under the Data Protection Act 1998 to request a copy of the personal data which we hold about you. We reserve the right to charge the maximum fee payable in terms of the Data Protection Act 1998. You may also have the right to have inaccurate data corrected.
General Disclaimers and Terms
Whilst ClermontDirect.com has taken all reasonable care to ensure that the information contained within the pages of this site is accurate, current and complies with the relevant UK legislation and regulations as at the date of issue, errors or omissions may occur due to circumstances out of our control. We may from time to time change, alter, adapt, add or remove portions of these terms and conditions but if we do so we will post any such changes on the website. If any provision of these terms and conditions 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 will not be affected. English law will apply to this Agreement, and the parties agree to submit to the non-exclusive jurisdiction of the English courts The headings in this Agreement are for convenience only and will not affect their interpretation.
Queries and Complaints
We aim to respond to e-mail and written queries within 24hrs. In respect of complaints, we will consider the nature of the complaint and will contact you within 21 days of the complaint giving you the result of the enquiries and what we propose should be done.
By using our website, placing an order for goods and/or registering as a member of our websites you confirm your agreement to our terms and conditions, including the Privacy Policy, as set out below:
Conditions
An order for goods placed by you, the buyer, through our website shall be subject to these terms and conditions. All other terms and conditions, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law. Nothing in these terms and conditions shall affect the statutory rights of any consumer
Orders
All orders for goods shall be deemed to be an offer by you, the buyer, to purchase goods pursuant to these terms and conditions You, the buyer, shall be responsible for ensuring the accuracy of the details provided on the order form and we will not be obliged to accept an order unless all details requested on the order form have been entered correctly. No order submitted by you, the buyer, shall be deemed to be accepted by us unless and until we confirm acceptance of the your order by e-mail (where applicable) or by telephone We are entitled to refuse any order placed by you and will not be required to provide an explanation.
Goods
The goods may differ slightly from the images shown. We reserve the right to substitute products of a similar description and standard if the requested goods are not available but will use reasonable endeavours to match your order exactly. In the unlikely event of you receiving a substituted product you, the buyer, shall be entitled to return the goods for a full refund within 21 working days from the date of delivery, should the substituted product not be acceptable to you.
Price and Payment
The price of the goods will be the price quoted on the website at the date the order is received and will include VAT in the United Kingdom unless specified otherwise. We reserve the right, by giving notice to you, the buyer, at any time before delivery to increase the price of the goods to reflect any increase in the cost to us, which is due to any factor beyond our control (such as without limitation, any foreign exchange fluctuation, significant increase in the costs of labour, materials or other costs of manufacture) In the unlikely event of there being such an increase in the price of the goods you, the buyer, shall be entitled to cancel the order at any time before delivery. When we provide any goods to you, the buyer, under these terms and conditions, payment will be charged to the credit or debit card account provided by you on the website order form. By placing an order, you, the buyer, consent to payment being charged to your credit or debit card account as provided on the order form. Title to the goods will pass to you, the buyer, on payment in full of the price of the goods.
Your Warranty
You, the buyer, warrant that all details provided on the order form for the purpose of purchasing the goods are correct, that the credit or debit card you are using is your own and that there are sufficient funds and/or sufficient unused limit available to cover the cost of the goods.
LIMITATION OF LIABILITY
We will use all reasonable endeavours to carry out its obligations within a reasonable period of time but will not be liable to you, the buyer for any loss, costs or expenses arising directly or indirectly from any delays in doing so and we will not be deemed to be in breach of this Agreement by reason of any delay in performing, or any failure to perform, any of its obligations in relation to this Agreement, if the delay or failure was due to any cause beyond our reasonable control. Without prejudice to the generality of the foregoing, the following will be regarded as causes beyond our reasonable control:
· Act of God, explosion, flood, tempest, fire or accident;
· War or threat of war, sabotage, 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, lock outs or other industrial actions or trade disputes;
· Difficulties in obtaining raw materials, labour, fuel, parts or machinery;
· Power failure or breakdown in machinery
If we are prevented from carrying out is obligations in the above circumstances, it will notify you in writing. If we are still prevented from carrying out its obligations 3 weeks from the dated such notice was sent, then either party may give written notice to the other cancelling the Agreement. If the Agreement is cancelled in this way we accept no liability to compensate you for any loss or damage caused by failure to perform Except where you, the buyer are dealing as consumer (as defined in the Unfair Contract Terms Act 1977 section 12) we do not give any warranty, guarantee or indemnity as to quality, fitness for purpose or otherwise of the goods Except in respect of death or personal injury caused by our negligence, we will not be liable to you, the buyer, for any loss of profit or any indirect special or consequential loss, damage, costs, expenses or other claims, which arise out of or in connection with the supply of goods other than as a result of a breach of an obligation arising under the Sale of Goods Act 1979 (as amended) and the Supply of Goods and Services Act 1973.
Intellectual Property
The copyright in the material contained in this website and any trademarks and brands included in that material belongs to ClermontDirect.com You may download or copy the content and other down-loadable items displayed on the website subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of the website for other than personal use is expressly prohibited.
Website
We will attempt to ensure that the information available on the website at any time is accurate. However, we will not be held liable for any errors or omissions. We will use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of these. All drawings, descriptive matter and specifications of the goods on the website are for the sole purpose of giving an approximate description of the goods We may also change, suspend or discontinue any aspect of the website, including the availability of any features, information, database or content or restrict access to parts or all of the website without notice or liability.
Data Protection - Use of Personal Data
Any personal information provided to us will be used by us to process your application for registration, verify your identity and set up security procedures to enable you to access and use the pages of this site. We will only use cookies for session management purposes to validate the user and control timeout activity. We will not disclose information about you to any third party without your prior consent except where we are required to do so by law. We may however, occasionally contact you by email to inform you of special offers we feel might be of interest or information relating to the level of service we are currently able to provide. Any email you receive will contain details of how to easily opt out of any future correspondence. We may appoint a third party to process personal information on our behalf. Where this is necessary, we will put in place safeguards such as contract terms to protect your confidentiality.
ClermontDirect.com may use third-party advertising companies to place advertisements about our products and services on other websites. The advertising companies may use cookies to measure advertising effectiveness and offer selective ad content. The advertising companies may use anonymous information about your visits to our and other websites, but nothing that personally identifies you.
You may have the right under the Data Protection Act 1998 to request a copy of the personal data which we hold about you. We reserve the right to charge the maximum fee payable in terms of the Data Protection Act 1998. You may also have the right to have inaccurate data corrected.
General Disclaimers and Terms
Whilst ClermontDirect.com has taken all reasonable care to ensure that the information contained within the pages of this site is accurate, current and complies with the relevant UK legislation and regulations as at the date of issue, errors or omissions may occur due to circumstances out of our control. We may from time to time change, alter, adapt, add or remove portions of these terms and conditions but if we do so we will post any such changes on the website. If any provision of these terms and conditions 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 will not be affected. English law will apply to this Agreement, and the parties agree to submit to the non-exclusive jurisdiction of the English courts The headings in this Agreement are for convenience only and will not affect their interpretation.
Queries and Complaints
We aim to respond to e-mail and written queries within 24hrs. In respect of complaints, we will consider the nature of the complaint and will contact you within 21 days of the complaint giving you the result of the enquiries and what we propose should be done.
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