Please read the following important terms and conditions before you buy anything on our website and check that they contain everything that you want and nothing that you are not willing to agree to.
Summary of some of your key rights:
By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 say that we must give you certain key information before a legally binding contract between you and us is made (see below). We will give you this information in a clear and understandable way. Some of this information is likely to be obvious from the context. Some of this information is also set out in this contract, such as information on our complaint handling policy.
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that up to 14 days after receiving your goods, in most cases, you can change your mind and get a full refund.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product you’re entitled to the following:
up to 30 days: if your goods are faulty, then you can get a refund;
This is a summary of some of your key rights. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call 03454 04 05 06.
The information in this summary box summarises some of your key rights. It is not intended to replace the contract below which you should read carefully.
This contract sets out:
- your legal rights and responsibilities;
- our legal rights and responsibilities; and
- certain key information required by law.
In this contract:
- ‘We’, ‘us’ or ‘our’ means Cleverstein Ltd; and
- ‘You’ or ‘your’ means the person using our site to buy goods from us.
If you do not understand any of this contract and want to talk to us about it, please contact us by:
- email email@example.com, Monday to Friday 9 am to 5 pm.
Who are we?
We are registered in England and Wales under company number: 11321387.
7 Bolton Road, Ashton-In-Makerfield, Wigan, United Kingdom, WN4 8AA.
The details of this contract will not be filed with any relevant authority by us.
- 1 Introduction
- 1.1 If you buy goods from our website, you agree to be legally bound by this contract.
- 1.2 You may only buy goods from our site for non-business reasons.
- 1.3 This contract is only available in English. No other languages will apply to this contract.
- 1.4 When buying any goods you also agree to be legally bound by:
- 1.4.1 our Website Terms and Conditions and any documents referred to in them;
- 1.4.2 extra terms which may add to, or replace some of, this contract.
- 1.4.3 specific terms which apply to certain goods.
All of the above documents form part of this contract as though set out in full here.
- 2 Information we give you
- 2.1 By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. If you want to see this key information, please:
- 2.1.1 read the acknowledgement email (see clause 4.2.1); or
- 2.1.2 contact us using the details provided.
- 2.2 The key information we give you by law forms part of this contract (as though it is set out in full here).
- 2.3 If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.
- 3 Your privacy and personal information
- 4 Ordering goods from us
- 4.1 Below, we set out how a legally binding contract between you and us is made.
- 4.2 When you place an order on our website, please read and check your order carefully before submitting it.
- 4.2.1 When you place your order at the end of the online checkout process, we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted.
- 4.2.2 We may contact you to say that we do not accept your order. This is typically for the following reasons:
- (a) the goods are unavailable;
- (b) we cannot authorise your payment;
- (c) you are not allowed to buy the goods from us;
- (d) we are not allowed to sell the goods to you;
- (e) you have ordered too many goods; or
- (f) there has been a mistake on the pricing or description of the goods.
- 4.2.3 We will only accept your order when we email you to confirm this (Confirmation Email). At this point:
- (a) a legally binding contract will be in place between you and us; and
- (b) we will dispatch the goods to you.
- 4.3 If you are under the age of 18 you may not be able to buy certain goods because you are too young. These are set out on the relevant webpage for the goods.
- 5 Right to cancel this contract
- 5.1 At Cleverstein we believe all of our products should meet the high standards of our customers so if you are not completely satisfied with your online purchase, we are happy to refund unworn, full priced items within 30 days (from the day the goods were delivered to you). This is referred to as cancellation of the contract.
- 5.2 We provide a free returns service for all shoes. For full details of this, and our policy on the return of accessories, please see our website https://www.cleverstein.co.uk/returns-exchanges/.
- 5.3 The cancellation period will expire after 30 days after the day the goods were delivered.
5.4 To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (eg a letter sent by post or email). You can use the model cancellation form set out in the box below, but it is not obligatory.
To Cleverstein Ltd, Halton Mill, Halton Ln, Halton, LA2 6ND.
I hereby give notice that I cancel my contract of sale of the following goods under the Consumer Contracts Regulations 2013 …..
Name of consumer………..;
Address of consumer………….;
Signature of consumer(s) (only if this form is notified on paper);
- 5.5 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
- 6 Effects of cancellation
- 6.1 If you cancel this contract, we will reimburse to you all payments received from you (except for the supplementary costs arising if you chose a type of delivery other than the free standard delivery offered by us).
- 6.2 We may make a deduction from the reimbursement for loss in value of any goods supplied, or may not be able to provide a refund, if:
- 6.2.1 the loss is the result of unnecessary handling by you,
- 6.2.2 the goods are returned not in its original condition, are damaged or missing parts for reasons not due to our error,
- 6.2.3 any item returned more than 30 days after delivery.
- 6.3 We will make the reimbursement without undue delay, and not later than:
- 6.3.1 14 days after the day we received back from you any goods supplied; or
- 6.3.2 (if earlier) 14 days after the day you provide evidence that you have returned the goods; or
- 6.3.3 if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
- 6.4 We will make the reimbursement using the same means of payment as you used for the initial transaction; in any event, you will not incur any fees as a result of the reimbursement.
- 6.5 If you have received goods, you should follow the returns policy stated on our website https://www.cleverstein.co.uk/returns-exchanges/ and:
- 6.5.1 you shall send back the goods to us without undue delay and in any event not later than 14 days from the date of delivery,
- 6.5.2 you are liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods, and
- 6.5.3 please be aware that we do not accept returns on certain products due to health and hygiene reasons.
- 7 Delivery
- 7.1 We use third party couriers to deliver our goods. If you want to see your delivery options, visit our website www.cleverstein.com before you place your order.
- 7.2 If something happens which:
- 7.2.1 is outside of our control; and
- 7.2.2 affects the estimated date of delivery; we will let you have a revised estimated date for delivery of the goods.
- 7.3 Delivery of the goods will take place when we deliver them to the address that you gave to us.
- 7.4 Unless you and we agree otherwise, if we cannot deliver your goods within 30 days, we will:
- 7.4.1 let you know;
- 7.4.2 cancel your order; and
- 7.4.3 give you a refund.
- 7.5 If nobody is available to take delivery, please contact us using the contact details provided.
- 7.6 You are responsible for the goods when delivery has taken place. In other words, the risk in the goods passes to you when you take possession of the goods.
- 7.7 Delivery tracking is available in respect of all orders for our products. Please visit our website for further details.
- 7.8 We may conduct fraud screening checks before dispatching the product, and these checks may delay your delivery. If the delivery is likely to be delayed as a result of fraud screening checks, we will notify you.
- 7.9 If we are unable to deliver your products, and such failure is your fault, we may agree to arrange for re-delivery of the products, however, you may incur additional costs of re-delivery (even where the initial delivery was free of charge).
- 8 Pre-orders – applicable only to orders placed before 30th June 2019.
- 8.1 When placing a Pre-order for products, you will be required to provide certain information, such as your address and other billing information. You represent and warrant that all such information is accurate, and you shall ensure that such information is kept current, we have no responsibility or liability for inaccurate information or information that later becomes outdated, and shall have no obligation to make efforts to determine the correct contact or shipping information.
- 8.2 Full payment is required for all Pre-orders.
- 8.3 You acknowledge and agree that we may decline or delay reservations to avoid oversubscription or for any other reason, we will make efforts to inform you within 14 days of receipt of your Pre-Order.
- We will make an effort to begin delivering Products as soon as reasonably practicable, you understand and agree that there may be delays. An estimated time of delivery is only an estimate, is subject to change, and we do not represent or warrant that it will be able to ship the Product by the estimated date. In the event that a delay arises and the estimated shipment is not met, we are not responsible for any damages that may occur due to the delay, nor are we obligated to provide any discounts, refunds or credits due to any such delays. We will provide you updates with respect to the delivery schedule. If for any reason you decide that you do not wish to continue to wait for your Product, you may cancel your reservation.
- We may cancel your reservation by terminating the Pre-order at any time, with or without providing a reason for the cancelation, prior to our notice to you that your Product is ready for delivery. If we cancel your reservation, you will receive a full refund.
- 8.6 You may cancel your reservation prior to your Product being ready for delivery.
- 9 Payment
- 9.1 We accept credit cards and debit cards, we do not accept cash.
- 9.3 All payments by credit card or debit card need to be authorised by the relevant card issuer. We may also need to use extra security steps via:
- 9.3.1 Verified by Visa, or
- 9.3.2 Mastercard®SecureCodeTM, or
- 9.3.3 American Express SafeKey, or
- 9.3.4 Paypal, or
- 9.3.5 Stripe, or
- 9.3.6 Worldpay.
- 9.4 If your payment is not received by us and you have already received the goods, you:
- 9.4.1 must pay for such goods within 14 days; or
- 9.4.2 must return them to us as soon as possible. If so, you must keep the goods in your possession, take reasonable care of them (including ensuring that you follow any instructions or manuals given with the goods) and not use them before you return them to us.
- 9.5 If you do not return any goods (such as where you have not paid for them) we may collect the goods from you at your expense. We will try to contact you to let you know if we intend to do this.
- 9.6 Nothing in this clause affects your legal rights to cancel the contract during the ‘cooling off’ period under Clauses 5 and 6.
- 9.7 The price of the goods:
- 9.7.1 is in pounds sterling (£)(GBP);
- 9.7.2 includes VAT at the applicable rate; and
- 9.7.3 does not always include the cost of delivering the goods (if you want delivery options and costs, visit our webpage).
- 10 Nature of the goods
- 10.1 The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example, the goods:
- 10.1.1 are of satisfactory quality;
- 10.1.2 are fit for purpose;
- 10.1.3 match the description, sample or model; and
- 10.2 We must provide you with goods that comply with your legal rights.
- 10.3 The packaging of the goods may be different from that shown on the site.
- 10.4 While we try to make sure that:
- 10.4.1 all weights, sizes and measurements set out on the site are as accurate as possible, there may be a small tolerance of up to 7% in such weights, sizes and measurements; and
- 10.4.2 the colours of our goods are displayed accurately on the site, the actual colours that you see on your computer may vary depending on the monitor that you use.
- 10.5 Any goods sold:
- 10.5.1 at discount prices;
- 10.5.2 as remnants; or
- 10.5.3 as substandard;
will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.
- 10.6 If we can’t supply certain goods we may need to substitute them with alternative goods of equal standard and value or refund your payment. In this case:
- 10.6.1 we will let you know if we intend to do this but this may not always be possible; and
- 10.6.2 you can refuse to accept such substitutes, in which case we will offer you a refund or a replacement and let you know how long such an offer remains open for.
- 11 Faulty goods
- 11.1 Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’), are set out at the top of this contract. They are a summary of your key rights. For more detailed information on your rights and what you should expect from us, please:
- 11.1.1 contact us using the details provided; or
- 11.1.2 visit the Citizens Advice website www.citizensadvice.uk or call 03454 04 05 06.
- 11.2 Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
- 11.3 Please contact us, if you want:
- 11.3.1 us to replace the goods;
- 11.3.2 a price reduction; or
- 11.3.3 to reject the goods and get a refund.
- 12 Recycling
We are committed to being an ethical and responsible company. For every pair of shoes ordered we will plant a tree and we encourage you to recycle your shoes bought from us. To that end, when you are done with the shoes, you can return them to us and receive a 10% discount off a future order.
- 13 End of the contract
If this contract is ended under clause 5 above it will not affect our right to receive any money which you owe to us under this contract.
- 14 Limit on our responsibility to you
- 14.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for:
- 14.1.1 losses that:
- (a) were not foreseeable to you and us when the contract was formed; or
- (b) that were not caused by any breach on our part;
- 14.1.2 business losses; and
- 14.1.3 losses to non-consumers.
- 15 Disputes
- 15.1 We will try to resolve any disputes with you quickly and efficiently.
- 15.2 If you are unhappy with:
- 15.3 If we cannot resolve a dispute using our complaint handling procedure, we will let you know that we cannot settle the dispute with you
- 15.4 You may use Alternative Dispute Resolution (ADR) to resolve the dispute with us, before court proceedings.
- 15.5 If you want to take court proceedings, the relevant courts of England and Wales will have exclusive jurisdiction in relation to these Terms.
- 15.6 The laws of England and Wales only will apply to this contract.
- 16 Third party rights
No one other than a party to this contract has any right to enforce any term of this contract.