The intellectual property rights in all content on this Website are the property of Cling and you are granted no rights in relation to any copyright, designs, trademarks or any other intellectual property and material rights relating to its content.
1. USING THE WEBSITE AND REGISTERING
1.1 Cling grants you a licence to access and use this website, but not to make commercial use of any of the content, nor to collect or store any of the product descriptions, images or prices, either manually or using systematic data-mining or data gathering techniques without the express written permission of Cling.
1.2 All of the content on the website is the property of Cling, and enjoys the full protection of UK and international copyright law.
1.3 Our website gives you the option of registering with us with a username and password. Responsibility for keeping the username and password confidential rests with you. Cling does not have the means to check the identity of people using the website and cannot be liable if someone other than you uses your confidential details.
2. PLACING AN ORDER ON THE WEBSITE
2.1 By placing an order through the website, you confirm that you are at least 18 years old and capable of entering into a legally binding contract under English law.
2.2 When you submit an order to Cling, your submission constitutes an offer to purchase goods from Cling. On acceptance of the offer by Cling, your contract is with Cling, and your statutory rights are with Cling.
2.3 Cling changes its product prices from time to time and always tries to ensure that they are up to date. In the unlikely event that a product is shown on the website at the incorrect price, Cling reserves the right to not accept your offer to purchase at that price and will contact you to ask you if you wish to purchase at the correct price. If you confirm that you wish to purchase at the correct price, that confirmation will constitute a new offer to Cling.
2.4 Prices displayed on the website do not include delivery charges which may or may not be applicable depending on which products you buy, your delivery address, and any promotions which may be running at the time you make your purchase. Delivery charges are shown clearly at the shopping basket stage of the order process, and any choices you make during that process (for instance, in selecting ‘Standard’ or Express’ shipping) will constitute your contractual acceptance of the delivery charges which appear in the shopping basket as a result of those choices.
2.5 Prices displayed on the website include VAT by default. For more information on the rules regarding VAT, see below.
3.1 Payment on the website is by credit or debit card through Paypal.
3.2 We charge customers’ credit/debit cards at the time the order is placed.
3.3 Customer credit and debit cards are charged by Cling in pounds sterling. Where prices are displayed in other currencies, these prices are indicative only and may not reflect the live exchange rate at the time. Accordingly, international customers may find that the amount shown on their credit/debit card statement is not the same as the amount which was indicated on our website – for the simple reason that currency rates have moved. This is not something within our control.
3.4 Ownership of goods remains with Cling until full payment is received by Cling from the customer.
3.5 If the goods ordered by you are subject to a tax, duty or other charge when the package reaches its destination, responsibility for paying those charges is yours, not Cling’s. Cling has no way of knowing what customs and import charges may be in force at any time in any country, and makes no allowance in its pricing policy for such charges. For the purposes of customs and other importation charges, therefore, you assume the role of importer of the goods. Cling cannot be liable to you for any delay or failure of the goods to reach their delivery address because of the detention of a package by customs or other authorities.
Cling is required by law to charge Value Added Tax (VAT) on its products when:
the customer’s billing address is in either the UK or an EU countrythe customer’s billing address is outside the UK and EU, but the delivery address is inside the UK or EUThe only circumstance in which VAT is not chargeable is when:
the customer’s billing address is outside the UK and EU and the delivery address is also outside the UK and EUThe prices on our website include VAT by default. The VAT rate is set by law. It is currently 20% and applies both to the value of goods you order and any delivery charge.
The invoice emailed to you and enclosed in your package will show how much VAT (if any) has been paid and constitutes a valid VAT invoice for HMRC purposes.
5. RETURNS POLICY
We want you to be happy with the products you receive from Cling and our contract with you therefore entitles you to return goods on the conditions set out below. Nothing in those conditions affects or detracts from your statutory rights, in particular your right to receive goods which are of satisfactory quality, fit for purpose and which conform to the description given of them on our website.
If you wish to return a product:
We must receive it back within 30 days of the date on which you received it from us at the following address:
Cling CC (Returns)
288 King St,
All return packages are carefully logged in by our staff but we advise you to send your return by a registered and trackable service.
The returned product must be accompanied by a note stating the items you are returning, the reasons you are returning them and the remedy you would prefer (refund or replacement) in each case.
If the reason for the return is that the product does not fit you, or you don’t like it, it must arrive back with us unused, unwashed and in the same condition as it was in when you received it with the hangtags.
If the reason for the return is that the product is faulty, you must state the nature of the fault on your note. The fault must not be the result of using the product for purposes for which it was not intended. When you request a refund for returned products, we will also refund any delivery charges which you paid for the order, unless under exceptional circumstances.When you request a replacement for returned products, we will always pay the shipping costs of sending the replacement if the first product was faulty or incorrectly sent by us. If the reason for the return was that you did not like the first product or it did not fit, we reserve the right to ask you to pay the shipping costs of sending the replacement and, if you decline to do so, we reserve the right to refund you for the first purchase instead of sending a replacement.
We aim to process returns within 7 working days of their arrival with us, to pay refunds within 7 days and to send out replacements within 7 days. On receipt of your return, we will email you to confirm that we have received it and to confirm what action we are taking. If the returned products were bought by you in a sale or at a reduced price, the entitlements set out above do not apply. Section 6.3.6 of the Consumer Protection (Distance Selling) Regulations 2000 sets out your rights for these kinds of goods. Any questions about returns should be addressed to returns@Cling.cc with the subject line “Returns”
NOTE: We do not allow exchanges for any item bought in a sale.
6. LIMITATION OF LIABILITY
6.1 Nothing in this clause 7 excludes or limits Cling’s liability for fraud, fraudulent misrepresentation or gross negligence by the company or its employees or restricts your statutory rights.
6.2 Subject to 6.1 above, Cling will not be liable for:
Any damage or loss suffered by you where such damage or loss was not reasonably foreseeable at the time of contract, including damage or loss resulting from a breach by Cling of these Terms & Conditions. Any damage or loss suffered by you where you did not enter into a contract with Cling as a consumer
6.3 Cling’s total liability to you for loss or damage arising out of our contact with you will be limited in respect of each claim to the purchase price of your order or orders.
6.4 Cling will not be responsible for any breach of our contractual obligations if the breach arose out of an event beyond its control, including but without limitation: failure of infrastructure, government intervention, wars, civil commotion, hijacking, fire, flood, accident, storm, strikes, lockouts, terrorist attacks or industrial action affecting either Cling or its suppliers.
8. ELECTRONIC COMMUNICATIONS
By using the Cling website, you consent to receive communications from us electronically and you accept that all agreements, notices, disclosures and other communications that we provide electronically satisfy any legal requirement that such communications be ‘in writing’. For this purpose, the most recent email address which you have provided to us will be deemed to be the correct email address for us to use. You may of course opt-out of any Cling marketing messages at any time.
9.1 Cling reserves the right to make changes to its website, policies, and Terms & Conditions at its absolute discretion.
9.2 If any of these Terms & Conditions are determined to be illegal, invalid or otherwise unenforceable by law, to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms, and the remaining Terms & Conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
9.3 These Terms & Conditions are governed by and construed in accordance with the laws of England and Wales.