Our terms
- These terms
- What these terms cover. These are the terms and conditions on which we supply products to you. By placing an order on our website, you are offering to purchase a product on and subject to the following terms set out below.
- Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
- Are you consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
- You are an individual.
- You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
- These terms and conditions only apply if you are a consumer. If you are a business customer then please contact us for our alternative terms and conditions.
- Information about us and how to contact us
- Who we are. We are Clovu, a trading name of Clovu Limited a company registered in England and Wales. Our company registration number is 15264222 and our registered office is at Unit 30, 77-87 Trafalgar Business, River Road, Barking, IG11 0JU
- How to contact us. You can contact us by writing to us at [email protected]
- How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
- "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
- Our contract with you
- Acknowledgment email. When you place an order on our website, we will send you an email to acknowledge your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
- If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
- Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
- Dispatch times. Will vary according to a number of factors, such as availability, postal delays or something otherwise out of our control (typically known as a force majeure event).
- You: must be over 16 years of age and hold a lawful debit or credit card.
- Third Party: if you ask someone to place an order on your behalf, such as an agent, such third party will be subject to and hereby agrees to these terms and conditions.
- Our products
- Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
- Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
- Making sure your measurements are accurate. If we are making the product to measurements you have given us you are responsible for ensuring that these measurements are correct. You can find information and tips on how to measure on our website or by contacting us.
- Your rights to make changes
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
- Our rights to make changes
- Minor changes to the products. We may change the product:
- to reflect changes in relevant laws and regulatory requirements; and
- to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.
- More significant changes to the products and these terms. In addition, as we informed you in the description of the product on our website, we may make the following changes to these terms or the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
- Minor changes to the products. We may change the product:
- Providing the products
- Delivery costs. The costs of delivery will be as displayed to you on our website.
- When we will provide the products. During the order process we will let you know when we anticipate that the products will be delivered to you.
- We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
- If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
- If you do not re-arrange delivery. If after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 2 will apply.
- When you become responsible for the goods. A product will be your responsibility from the time we deliver the product to the address you gave us or you or a carrier organised by you collect it from us.
- When you own goods. You own a product once we have received payment in full, save for our intellectual property as explained at clause 15.
- What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you. If so, this will have been stated in the description of the products on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
- Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
- deal with technical problems or make minor technical changes;
- update the product to reflect changes in relevant laws and regulatory requirements;
- make changes to the product as requested by you or notified by us to you (see clause 6).
- Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 14 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
- We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 4) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments.
- Your rights to end the contract
- You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
- If what you have bought is faulty or misdescribed (or to get the product repaired or replaced or to get some or all of your money back), see clause 12;
- If you want to end the contract because of something we have done or have told you we are going to do, see clause 2;
- If you are a consumer and have just changed your mind about the product, see clause 4. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
- Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
- we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 2);
- we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
- there is a risk that supply of the products may be significantly delayed because of events outside our control;
- we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 14 days; or
- you have a legal right to end the contract because of something we have done wrong.
- Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
- When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of:
- products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
- the clothing tag has been removed;
- the product is underwear due to health protection or hygiene purposes;
- in our reasonable opinion, the products have been worn or used and then returned to us;
- any products which become mixed inseparably with other items after their delivery.
- How long do consumers have to change their minds? If you are a consumer how long you have to change your mind depends on what you have ordered and how it is delivered. Typically:
- Goods (for example, clothing, shoes, bags, trainers), you have 14 days after the day you (or someone you nominate) receives the goods, unless:
- Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery.
- Your goods are for regular delivery over a set period. In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.
- Goods (for example, clothing, shoes, bags, trainers), you have 14 days after the day you (or someone you nominate) receives the goods, unless:
- You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
- How to end the contract with us (including if you are a consumer who has changed their mind)
- Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
- Email. Email us at [email protected]. Please provide your name, home address, details of the order and, where available, your phone number and email address.
- Online. Complete the form at clovu.com/contact/ on our website.
- By post. Write to us at Unit 30, 77-87 Trafalgar Busines, River Road, Barking, IG11 0JU UK or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
- Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us by posting them back to us at Unit 30, 77-87 Trafalgar Business, River Road, Barking, IG11 0JU, UK or (if they are not suitable for posting) allow us to collect them from you. Please email us at [email protected] for a return label or to arrange collection. If you are a consumer exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
- When we will pay the costs of return. We will pay the costs of return:
- if the products are faulty or misdescribed;
- if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
- if you are a consumer exercising your right to change your mind but you must pay the costs of return. Yes the customer needs to pay cost of return if they change their mind.
- What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. The costs of collection will be the same as our charges for standard delivery, see clovu.com/delivery/
- How we will refund you. If you are entitled to a refund under these term’s we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
- When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind:
- We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
- The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
- When your refund will be made. We will make any refunds due to you as soon as reasonably possible. If you are a consumer exercising your right to change your mind then:
- If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 2.
- In all other cases, your refund will be made within 14 days of your telling us you have changed your mind
- Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
- Our rights to end the contract
- We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
- you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
- you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, size, allergies to wool and other information required by us;
- you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
- You must compensate us if you break the contract. If we end the contract in the situations set out in clause 1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
- We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 14 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
- We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
- If there is a problem with the product
How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can write to us at [email protected] or Unit 30, 77-87 Trafalgar Business, River Road, Barking, IG11 0JU
- Your rights in respect of defective products
- If you are a consumer we are under a legal duty to supply products that are in conformity with this contract and in accordance with the Consumer Rights Act 2015. Nothing in these terms will affect your legal rights.
- Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must return them back to us or (if they are not suitable for posting) allow us to collect them from you. At our absolute discretion, we may pay the costs of postage or collection. Please email us at [email protected] for a return label or to arrange collection.
- Price and payment
- Where to find the price for the product. The price of the product where applicable are inclusive of VAT and the price of the products will be indicated on the order pages when you placed your order. We will take reasonable care to ensure that the price of the product advised to you is correct. However please see clause 3 for what happens if we discover an error in the price of the product you order.
- We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
- What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
- When you must pay and how you must pay. We accept payment with Paypal and includes Credit Card, Debit Card, American Express and you must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.
- What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
- How we may use your personal information
- How we will use your personal information. We will only use your personal information as set out in our Privacy Policy which can be found on our website at clovu.com/privacy-policy/.
- Intellectual Property
- All intellectual property that is made available to you via our website remains the property of Clovu Limited or its authorised licensors and thus protected by the copyright.
- You are permitted to store, display or print content supplied by us solely for personal use.
- You are prohibited from storing, displaying, printing, publishing, manipulating, using, distributing or otherwise reproducing, in any way, any content or copies of content supply by us which appears on our website or otherwise and you are prohibited from using any such content in connection with any business, commercial enterprise or other activity that is not personal use.
- Your responsibility
- You warrant and are responsible to ensure that all details that you provide are true and accurate and that you are the legal owner of the credit or debit card to place the order, with sufficient funds in such bank account to satisfy the costs of the goods in the order on request.
- Other important terms
- We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
- You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
- Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
- Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
- Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.
- Disclaimer
- We cannot provide any guarantees, conditions, warranties or accuracy with regards to the material shown on our website.
- To the fullest extent permitted by law or under these terms and conditions, we exclude all conditions, warranties and other terms which may otherwise be implied in statute, common law or in equity. We shall not be liable for any damages whatsoever, including but not limited to, direct or indirect, punitive, incidental, loss of use, profits, goodwill, reputation or cost of replacements which arise out of the use (or your inability to use) our website or products, irrespective if damage was foreseeable or arising out of contract, tort, equity, statute or common law.
- Indemnity
- You hereby agree to indemnify Clovu Limited, its directors, officers, employees or otherwise connected, from any claim, liability, damages and/or costs (including, but limited to professional costs and legal costs) arising from your use of our website of if you are in breach of these terms and conditions.