TERMS AND CONDITIONS
Before placing an order you will be asked to specifically accept these terms and conditions. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.
1. INFORMATION ABOUT US
2. PRODUCT AVAILABILITY
3. YOUR STATUS
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
5. THIRD PARTY SELLERS
6. CONSUMER RIGHTS
7. AVAILABILITY AND DELIVERY
8. RISK AND TITLE
9. PRICE AND PAYMENT
10. OUR REFUNDS POLICY
11. OUR LIABILITY
12. IMPORT DUTY
13. WRITTEN COMMUNICATIONS
15. TRANSFER OF RIGHTS AND OBLIGATIONS
16. EVENTS OUTSIDE OUR CONTROL
19. ENTIRE AGREEMENT
20. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
23. LAW AND JURISDICTION
www.clarissahulse.com is a site operated by Clarissa Hulse Limited (we). We are registered in England and Wales under company number 05902956 with registered office of Kemp House, 152-160 City Road, London EC1V 2DW. Our main trading address is 29 Corsica Street, London N5 1JT.
We may choose not to accept orders from any individual or from any jurisdiction at our absolute discretion.
By placing an order through our site, you warrant that:
(a) You are legally capable of entering into binding contracts; and
(b) You are at least 18 years old.
4.1 After placing an order, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we confirm such acceptance to you, if you are within the UK, when we dispatch a Delivery Advice Note to you by post or courier (in most cases this will accompany the Product). If you are outside the UK we confirm such acceptance to you by sending you an email that confirms that the Product has been dispatched (a Dispatch Confirmation).
The contract between us (Contract) will only be formed when we dispatch to you the Delivery Advice Note or email a Dispatch Confirmation.
4.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Delivery Advice Note or emailed Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your original order but which are not covered by the specific Delivery Advice Note or emailed Dispatch Confirmation issued.
5.1 We may, from time to time, provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
6.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the products in accordance with our refunds policy (set out in below).
6.2 To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
6.3 This provision does not affect your statutory rights.
UK: We aim to deliver your goods as soon as possible after receipt of your order, although the time taken is subject to stock availaibility. In the event that an item is out of stock, we will advise you accordingly and provide an estimated delivery date after the product is anticipated to be back in stock – we will always aim to deliver within 30 days of your order. Delivery service charges will be applied to website orders as determined by our delivery service charge policy, which we may vary. Our delivery service charge includes the cost of 1 unsuccessful attempt to deliver. There will be a further charge for each further attempt at delivery. Currently a delivery service charge of £2.99 applies for all UK orders up to £15, £4.99 applies to UK orders over £15 and up to £150 and for all UK orders over £150 postage and packaging is free of charge.
Delivery charges for Furniture and Large Bespoke lighting orders to be quoted individually. Please ask for details.
Note that Scotland, Ireland, Channel Islands and Isle of Man must be quoted separately for delivery. Payment will not be taken at the check out stage on any Orders placed from these regions, and our office will contact the customer with a shipping quote.
Overseas deliveries – We accept orders for delivery to any global destination with delivery charges quoted upon receipt of your order. Any customer placing an order from overseas will not be charged at the point of check out – a member of our team will obtain a shipping quote and contact the customer for approval, and request full payment for the order, which will be taken over the telephone.
Our website order system is not linked to actual stock levels. It is therefore possible that your order is placed for items that are out of stock. We endeavor at all times to keep the website up to date with products that are in stock at any time, however on occasion due to demand an item may have sold out before our team has been able to remove the product from the site
When we become aware of this we will advise you that the item is out of stock, when stock is likely to be replenished and therefore when you can expect us to deliver. If we never intend to replenish such stock, which is likely in case of Saleshop items in particular, we will advise you of this and be happy to discuss alternatives with you. In the event that you decide not to proceed with an alternative we will return to you any payment made by you as soon as possible using the same payment details as used for your original payment.
8.1 The Products will be at your risk from the time of delivery.
8.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges, and you have received the Delivery Advice Note or emailed Dispatch Confirmation.
9.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
9.2 These prices include VAT but exclude delivery costs, which will be added to the total amount due at online checkout.
9.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already received payment.
9.4 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 so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
9.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
9.6 Payment for all Products must be by credit or debit card. We accept payment from the credit and debit cards accessable at online checkout, with the exception of American Express and Diners Club. We will automatically charge your credit or debit card on receipt of your order. We do not accept cheques for payment of website orders.
9.7 The material on the Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with the Website on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality and fitness for purpose) which, but for this legal notice, might have effect in relation to the Website.
10.1 When you return a Product to us:
(a) because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 6.1 above), 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 Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.
(b) for any other reason (for instance, because you claim that the Product is defective), we will examine the returned Product and will notify you of any refund due to you via email within a reasonable period of time. We will usually process any refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via email that you were entitled to a refund for the defective Product. Where you are entitled to a refund, Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
10.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
Returns should be made to the following address: Clarissa Hulse Ltd, 29 Corsica Street, London, Islington, N5 1JT, UK. We cannot accept responsibility for any goods lost in transit if you do not use a secure method of posting.
11.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied. Our liability for losses you suffer as a result of us supplying the Product is strictly limited to the purchase price of the Product you purchased.
11.2 The Company, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of the Company’s group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.
11.3 This does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987;
(c) For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
11.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:
(a) loss of income or revenue
(b) loss of business
(c) loss of profits or contracts
(d) loss of anticipated savings
(e) loss of data
(f) loss of data, or
(g) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise; provided that this clause 11.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 11.1 or clause 11.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (g) inclusive of this clause 11.4.
12.1 If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
12.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
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.
All notices given by you to us must be given to Clarissa Hulse Limited at 29 Corsica Street, London, Islington, N5 1JT, UK. We may give notice to you at either the email or postal address you provide to us when placing an order, or in any of the ways specified in clause 13 above. 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 The contract between you and us is binding on you and us and on our respective successors and assigns.
15.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
15.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
16.1 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 (Force Majeure Event).
16.2 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.
16.3 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.
17.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
17.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
17.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 above.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
19.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
19.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
19.3 We intend to rely upon these 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 our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
20.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes, inter alia, in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
20.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you as applicable), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
21.1 While the Company endeavours to ensure that the Website is normally available 24 hours a day, the Company shall not be liable if for any reason the Website is unavailable at any time or for any period.
21.2 Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company’s control.
21.3 Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice. We will not be liable if for any reason our site is unavailable at any time or for any period.
21.4 You are not permitted to print and download extracts from the Website on any basis whatsoever. The copyright and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images) are owned by the Company or its licensors. For the purposes of this legal notice, any use of extracts from the Website for any purpose is prohibited. No part of the Website may be reproduced or stored in any form, including without limitation in another website or included in any public or private electronic retrieval system or service. Any rights not expressly granted in these terms are reserved.
21.5 Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents
21.7 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
21.8 You may not link to our Website without our express permission.
22.1 We are committed to protecting and respecting your privacy. For the purpose of the Data Protection Act 1998 (the Act), we are the data controller. We may collect and process data about you that you provide by filling in forms on our site. If you contact us, we may keep a record of that correspondence. We may also record details of transactions you carry out through our site and of the fulfilment of your orders, details of your visits to our site and the resources that you access.
22.2 We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to third parties. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual. For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer’s hard drive. They help us to improve our site and to deliver a better and more personalised service. They enable us to estimate our audience size and usage pattern, to store information about your preferences, and so allow us to customise our site according to your individual interests and to recognise you when you return to our site. You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies.
22.3 We may also use your data to provide you with further information about goods and services which may be of interest to you and we or they may contact you about these. However, we will not disclose data about identifiable individuals to any third parties. Although as at the date of this document we do not have third party advertising on our site, should we decide to allow third party advertising on our site, we may provide them with aggregate information about our users (for example, demographical data) to assist them reach the kind of audience they want to target.
22.4 We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 736 of the UK Companies Act 1985. If we or substantially all of our assets are acquired by a third party, personal data held by us about our customers will be one of the transferred assets.
22.6 You have the right to ask us not to process your personal data for marketing purposes. You can exercise this right at any time by contacting us at firstname.lastname@example.org.
22.7 You have a statutory right to access information held about you. Your right of access can be exercised in accordance with applicable law.
23.1 Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.