Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with.
1.1 These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are Wooden Cube limited whose trading name is Clueden a company registered in England and Wales under number 07573138 whose registered office is at 3 Rutland street, London, SW7 1EJ with email address firstname.lastname@example.org; (“Clueden”/“We”/“Us”/“Our”).
1.2 These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.
2.1 Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
2.2 Contract means the legally-binding agreement between you and us for the supply of the Goods;
2.3 “Delivery Location” means Clueden’s premises or other location where the Goods are to be supplied, as set out in the Order;
2.4 “Goods” means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;
2.5 “Order” means the Customer's order for the Goods from Us as submitted following the step by step process set out on the Website;
2.7 Website means our website https://www.clueden.com on which the Goods are advertised.
3.1 The description of the Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.
3.2 In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
3.3 All Goods which appear on the Website are subject to availability.
3.4 We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
4 Personal information
4.2 We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
5 Basis of Sale
5.1 The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, We are free to not accept your order in Our discretion for any reason whatsoever without liability and in compliance with applicable laws.
5.2 The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
5.3 A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (“Order Confirmation”). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (i.e. the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
5.4 No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and Us in writing.
5.5 We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.
6 Price and Payment
6.1 The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.
6.2 Prices and charges include any VAT payable but do not include the charge for delivery.
6.3 The total price of your order, including all ancillary and delivery costs, will be shown at the end of the Check-Out process. By confirming the order, you state that you agree to the price for the Goods. The price cannot be adjusted after the completion of the Check-Out process.
6.4 Credit/debit card:
6.4.1 You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.
6.4.2 You confirm that the credit/debit card that is being used is yours and that all details you provide to Us in respect thereof including, without limitation, name and address details are complete, correct and accurate. You further confirm that the credit/debit card is valid and the inputted payment details are correct. If the institution that issued the credit card refuses to authorise payment to Us, We will not accept your order and We are not liable for any delays or for failure to deliver and We are not obliged to inform you of the reason for the refusal.
6.4.3 We are not responsible for any charges or other amounts which may be applied by your card issuer or bank as a result of Our processing of your credit/debit card payment in accordance with your order.
7.1 We will deliver the Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
The Products ordered will be delivered to the delivery address you provide by Our contracted delivery service. Please ensure that you provide a valid and correct shipping address.
7.2 Please note that changes to the shipping address are not permitted once your order has been placed.
7.3 If Our supply of the Products is delayed by an event outside Our control then We will contact you as soon as reasonably 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 terminate the contract and receive a refund for any Product(s) you have paid for but not received.
7.4 If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit – for example a pair of earrings) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
7.5 For delivery addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands, you may need to pay import duties or other taxes, as we will not pay them.
7.6 If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
7.7 The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
7.8 Please note, that We do not deliver to hotels or PO boxes.
8 Risk and Title
8.1 Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
8.2 You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
9 Withdrawal, returns and cancellation
9.1 You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
9.2 This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods (with no others) in the following circumstances:
9.2.1 Goods that has been worn or damaged.
9.2.2 Goods which are personalised or customised.
9.2.3 Earrings cannot be returns for hygiene and safety reasons.
Right to cancel
9.3 Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.
9.4 The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the Goods.
9.5 To exercise the right to cancel, you must inform Us of your decision to cancel this Contract by a clear statement setting out your decision by emailing us on email@example.com. You must include your name, address, order date, order number, description of the Goods you wish to return and when the goods were received.
9.6 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.
Effects of cancellation in the cancellation period
9.7 Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
Please note that if you decide to return only part of an order that has been purchased with a discount/promotion offer applied, the discount/promotion offer will be re-calculated.
9.8 If you decide to return only part of an order that has been purchased with a discount/promotion offer applied, the amount refunded will be subject to the minimum purchase amount placed on the offer, the value of the discount will be adjusted accordingly, and only the amount relevant to the returned item will be refunded. If the items returned bring the remaining total below the minimum purchase level of the offer, then the discounted amount will be deducted from the refund amount.
Deduction for Goods supplied
9.9 We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (i.e. handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: e.g. it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.
Timing of reimbursement
9.10 We will make the reimbursement not later than:
9.10.1 14 days after the day we receive back from you any Goods supplied, or
9.10.2 (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.
9.11 If no Goods were supplied, we will make the reimbursement no later than 14 days after the day on which we are informed about your decision to cancel this Contract.
9.12 We will make the reimbursement using the same means of payment as you used for the initial transaction.
9.13 If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods to Us at 3 Rutland street, London, SW7 1EJ without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree to bear the cost of returning the goods.
9.14 For the purposes of these Cancellation Rights, these words have the following meanings:
9.14.1 “distance contract” means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
10 Conformity and Guarantee
10.1 Upon delivery, the Goods will:
10.1.1 Be of merchantable quality and free from material or workmanship defects, provided they are subject to normal use. No additional guarantee is provided.
10.1.2 be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
10.1.3 conform to their description.
10.2 It is not a failure to conform if the failure has its origin in your materials.
11 Successors and our sub-contractors
11.1 Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. Clueden will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
12 Circumstances beyond the control of either party
12.1 In the event of any failure by a party because of something beyond its reasonable control:
12.1.1 the party will advise the other party as soon as reasonably practicable; and
12.1.2 the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery and any right to cancel, below.
13 Safety Warning
13.1 Jewellery should not be worn by babies and children under the age of 3 years as small parts may represent a choking hazard. Babies and toddlers should not be left unattended wearing any jewellery. Baby bangles are suitable for babies to wear, but always supervised by an adult and never when sleeping or overnight.
13.2 Jewellery pieces are not toys and should not be given to babies or very young children to play with. Jewellery should never be worn overnight.
14 Data protection
15 Excluding liability
15.1 We do not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of Our other legal obligations. Subject to this, We are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (e.g. loss of profit) to the Customer's business, trade, craft or profession which would not be suffered by a Consumer - because We believe the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.
16 Governing law, jurisdiction and complaints
16.1 The Contract (including any non-contractual matters) is governed by the law of England and Wales.
16.2 Disputes can be submitted to the jurisdiction of the courts of England and Walesor, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
16.3 We try to avoid any dispute, so we deal with complaints in the following way: If there is an issue with your product or order, please contact us via email: firstname.lastname@example.org.
17.1 All materials, including designs, images and photography and written text are protected by copyright, trade mark. Therefore, you may not reproduce, modify or create derivatives of designs.
The Clueden website is protected as a whole by copyright, all world rights, the interests in and to which are owned by Wooden Cube Limited.
17.2 The contents of the site as a whole are solely intended for personal and not commercial use.
No permission is given by us in respect of the use of brand names, photography, product and collection names or titles or copyrights and such use may constitute an infringement of the owners rights.
17.3 All merchandise depicted here is protected by design rights owned by Wooden Cube Limited.
Wooden Cube t/a Clueden is registered for VAT in the UK
VAT Registration No: 110436858
Company Registration No: 07573138
Registered Address: Wooden Cube Ltd t/a Clueden, 3 Rutland Street, London, England, SW7 1EJ