These Terms and Conditions (together with the documents referred to in them) tells you the terms and conditions on which we supply any of our products either listed on our website at www.chrisanne-clover.com, through our mail order catalogue, over the telephone, by fax, email, letter or through direct sales in our showrooms or at exhibitions or events. Please read these Terms and Conditions carefully before placing an order with us. You should understand that by ordering any of our Products, you agree to be bound to these Terms and Conditions.
CHRISANNE CLOVER Limited is a company registered in England and Wales under number 01979551 and whose registered office is at 75 Park Lane, Croydon, Surrey, CR9 1XS (“CHRISANNE CLOVER” / ”our” / ”we” / ”us”).
VAT number GB 407 8048 52.
These Terms and Conditions apply to all products supplied by us. Our products include all products in our standard stock range (“Standard Products”), as well as products and/or services which are not included in our standard stock range and/or are produced to a customer’s specification (“Bespoke Products and/or Services”). Our Standard Products and our Bespoke Products and/or Services are together referred to as ‘Products’ in these Terms and Conditions where the context is required.
The procedure for provision of Bespoke Products and/or Services by CHRISANNE CLOVER is set out on the Website (see page entitled “Buying a CHRISANNE CLOVER Dress”), or in our catalogue or as explained by an authorised CHRISANNE CLOVER sales representative.
You may place orders for Products by post, telephone, facsimile, e-mail, via the Website or through personal sales representatives/agents of CHRISANNE CLOVER, direct purchases at CHRISANNE CLOVER offices, showrooms or at exhibitions, events or personal meetings. Any order placed for Products are subject to these Terms and Conditions.
Our showroom is open as set out below:
Monday to Friday 9am to 5pm (excluding UK bank holidays),
Tuesday 10am to 5pm due to sales training,
Saturday and Sunday: Closed.
2. Basis of Purchase
2.1 By placing an order through our Website, or via the other methods set out at Clause 1 above, you warrant that you are legally capable of entering into binding contracts and that you are at least 18 years old.
2.2 Once the Products are ordered, you will:
i) if ordered via the Website, receive an automatic acknowledgement of the order;
ii) for Bespoke Products and/or Services, a specification will be agreed and confirmed between CHRISANNE CLOVER and you and the CHRISANNE CLOVER representative; or
iii) for all other orders, an acknowledgment of your order is only provided upon request by you, otherwise the order is fulfilled in accordance with these Terms and Conditions.
All orders are subject to these Terms and Conditions to the exclusion of all other terms and conditions (including any terms or conditions which you purport to apply under any purchase order, confirmation of order, specification or other document). Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us.
2.3 Delivery dates for Products are estimated and we will use all reasonable endeavours to deliver the Products to you by the estimated delivery date provided to you by us in accordance with the following:
i) for Bespoke Products and/or Services, we will deliver at the agreed date in our confirmation of your order, once a specification has been agreed; or
ii) for Standard Products, we will dispatch within seven (7) working days, but there is no guarantee of this time.
If we delay beyond our anticipated dispatch time (eg, we are out of stock), we will endeavour to contact you as soon as possible to advise you of an expected delivery date, or agree alternative options with you.
2.4 No terms or conditions endorsed upon, delivered with or contained in your purchase order, confirmation of order, specification or other document shall apply.
2.5 No variation to the order or these Terms and Conditions shall be binding unless agreed in writing and subject to clause 5.
3. Orders and Specifications
3.1 Orders are only deemed to be accepted by CHRISANNE CLOVER when formal acceptance has been issued, such formal acceptance being either in the form of a written Order Confirmation signed by a member of staff or in the form of Products being despatched. The contract between us will only be formed when we accept your order and will only relate to those Products whose order we have accepted.
3.2 If you wish to have Bespoke Products and/or Services provided to you, then you accept that CHRISANNE CLOVER has no liability for errors or defaults in Bespoke Products and/or Services which are caused by erroneous specifications supplied to CHRISANNE CLOVER by you or your authorised representative. More specifically, if the Bespoke Product and/or Service that you have ordered is a dress that is being designed/created on your behalf, then if you complete the Measurement Chart available on the Website for us to work from, then CHRISANNE CLOVER shall not be liable in respect of any problems arising as a result of incorrect measurements being provided by you.
3.3 Any specifications, measurements or designs supplied by you or any designs specifically produced by CHRISANNE CLOVER in connection with the purchase of Products together with copyright, design right or any other intellectual property rights shall at all times vest in and remain the exclusive property of CHRISANNE CLOVER. You agree to indemnify us in respect of any losses, damages, costs or expenses that CHRISANNE CLOVER may suffer as a result of any infringement of third party intellectual property rights or other proprietary rights, resulting from the specifications, measurements or designs supplied by you.
3.4 CHRISANNE CLOVER shall not be liable in respect of any alleged defect in the Products as a result of any specification made by you against the advice of CHRISANNE CLOVER.
4. Prices & payment
4.1 The price of the Products will be as quoted on our Website from time to time, in our printed materials (eg, catalogue) and on various signs or labels on the Products themselves or at our showroom or at exhibitions or events, except in cases of obvious error. Alternatively, if there are additional costs in relation to the design and creation element of CHRISANNE CLOVER’s services (including but not limited to the Bespoke Products and/or Services), then such costs will be confirmed to you prior to an order for the Products being placed with us, or at such time as any additional alterations are requested by you. The price shall be confirmed to you at the time we confirm your order and the contract between us comes into existence. CHRISANNE CLOVER reserves the right to make any changes to the prices as necessary without notice, however such changes will be made and notified to you prior to the contract between us coming into existence. In particular, CHRISANNE CLOVER reserves the rights to charge the correct price for Products if an incorrect price has erroneously been published in any marketing material including printed material, electronic media, and all other forms of communication.
4.2 All prices exclude VAT and despatch charges. VAT must be added to the total amount (including carriage) of your order. This does not apply if goods are to be sent to any country outside the EU. Despatch costs are dependent upon the size, weight and destination of the parcel as well as the speed of delivery required.
4.3 Payment to CHRISANNE CLOVER is required in advance of delivery unless specific credit arrangements are agreed in writing, in which case CHRISANNE CLOVER shall be entitled to invoice for the Products upon despatch or deemed delivery in accordance with Clause 6. For Bespoke Products and/or Services (including dress creations), a deposit of 50% or more may be required before any work commences. Such deposit is payable at the time of confirming your order after the design appointment. Payment must be made in advance for Products, or on terms individually agreed to by us in writing. In the event that payment is not made on the due date CHRISANNE CLOVER reserves the right to:
4.3.1 withhold delivery of any further Products;
4.3.2 require advanced payment on all Products; and
4.3.3 charge interest (both before and after judgement) on the amount unpaid at the rate of 3% above the base lending rate of the HSBC Bank PLC from time to time.
4.4 When you return any Products to us:
4.4.1 because you have cancelled a contract with us within the seven day cooling off period under Clause 5 (and work has not commenced for Bespoke Products and/or Services), we will process the refund due to you as soon as possible, and in any case within thirty (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.
4.4.2 for any other reason (for example, a Product is defective), we will examine the returned Product and will notify you of your refund within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within thirty (30) days of the day we confirmed to you that you were entitled to a refund for the defective Product. 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.
4.4.3 if in your opinion a Bespoke Product requires alteration or amendments, then please discuss this with us when you collect your dress from us, or with your Chrisanne Clover sales representative or sales contact, or immediately upon receipt of your order.
4.5 CHRISANNE CLOVER usually raises invoices and accepts payment in pounds sterling (GB£). Payment can be made by cash, bank transfer, bankers cheque or selected credit cards (as listed in our printed material or on our Website). By arrangement, invoices can be raised and payment made in US dollars (US$), Japanese Yen ¥ or Euros (€).
5 Consumer Cancellation rights
5.1 Only if you are contracting as a consumer (ie, for purposes outside of your business) and you place your order via the website, telephone, fax or email, you may cancel a contract with us at any time within seven (7) working days, beginning on the day after you receive the Products, unless the Product ordered is a Bespoke Product and/or Service and work in connection with the Bespoke Product and/or Service has commenced, in which case the right to cancel shall cease upon commencement of any work in connection with the Bespoke Products and/or Services.
5.2 If you are entitled to cancel your contract with us in accordance with Clause 5.1, you will receive a full refund of any price paid for the Products in accordance with our refunds policy. No refunds shall be made to a customer after the seven (7) working day period.
5.3 To cancel a contract in accordance with Clause 5.1, 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.
5.4 This provision does not affect your statutory rights.
6.1 Delivery of the Products shall be made by CHRISANNE CLOVER to you, either by posting the Products to you, by courier or other suitable method of transport, or by collection of the Products from our showroom, as notified to you by us.
6.2 Any dates quoted for delivery of the Products are approximate only and CHRISANNE CLOVER shall not be liable for any delay in delivery of the goods howsoever caused. Time for delivery shall not be of the essence unless previously agreed by CHRISANNE CLOVER in writing.
6.3 Any charges relating to import tax, duty or Customs clearance of Products into a country designated by you shall be paid for and arranged by you. CHRISANNE CLOVER reserves the right to not deliver Products to a specific country designated by you.
6.4 If delivery of an order is rejected by you for any reason whatsoever CHRISANNE CLOVER reserves the right to charge you a restocking charge of 25% of the order value together with any other charges incurred for returning the Products.
6.5 CHRISANNE CLOVER must be notified of any shipments which may have been tampered with or of any Products missing from deliveries within 48 hours of receipt of such deliveries. Until the matter is resolved you must keep all packaging and documentation relating to such shipments.
7 Risk and Property
7.1 The risk in respect of the Products sold will pass to you upon delivery. Carriers require that all claims be notified in writing within 7 days of receipt of Products and that non-delivery be notified within 14 days of the date of despatch, 21 days for overseas. Claims notified after this period will not be recognised.
7.2 Notwithstanding delivery and passing of risk in the Products or any other provision of these conditions, the property and ownership in the Products shall not pass to you until CHRISANNE CLOVER has received in cash or cleared funds payment in full of the price of the Products and all other products agreed to be sold by CHRISANNE CLOVER to you for which payment is then due.
7.3 Until such time as the property in the Products passes to you (and provided the goods are still in existence and have not been resold) CHRISANNE CLOVER shall be entitled at any time to require you to deliver up the Products to them and if you fail to do so forthwith to enter upon any premises of your or any third party where the goods are stored and repossess the Products.
8 Warranties and Liabilities
8.1 Subject to the terms and conditions set out below, CHRISANNE CLOVER warrants that the Products will correspond with their description in the CHRISANNE CLOVER current catalogue and/or on the Website, or to any agreed specification for Bespoke Products and/or Services, if applicable.
8.2 The warranty at Clause 8.1 above is given by CHRISANNE CLOVER subject to the following conditions:
8.2.1 CHRISANNE CLOVER shall be under no liability in respect of any defect arising from fair wear and tear, your wilful damage, your negligence, abnormal working conditions, failure to follow CHRISANNE CLOVER instructions (whether oral or in writing) misuse or alteration or repair of the Products without CHRISANNE CLOVER prior written approval.
8.2.2 CHRISANNE CLOVER shall be under no liability as to the quality of the Products beyond the occasion of their first use.
8.2.3 CHRISANNE CLOVER’s warranty is limited in respect of slight variation in colour, this is due to variation between replication of the beads and decorative products or fabrics during the manufacturing process. CHRISANNE CLOVER does not guarantee colour to be identical to that appearing in the current catalogue or on the Website.
8.2.4 No warranty is given by CHRISANNE CLOVER in respect of fitness for the purpose intended by you. It is your responsibility to ensure that Products are suitable for your own purpose.
8.2.5 Any claim by you which is based on a defect in quality or condition of the Products or their failure to correspond with any applicable specification, or description shall be notified to CHRISANNE CLOVER within 21 days of the purchase, posting or delivery of the Products, whichever is the later. In the event that a fault is accepted by CHRISANNE CLOVER, the Products (except Bespoke Products and/or Services created specifically provided on your behalf) will be replaced free of charge by return post subject to availability provided the Products have been returned reasonably packed to us within 21 days of the purchase, posting or delivery of the Products, whichever is the later. In relation to Bespoke Products, if a Bespoke Product requires alteration in any way, or you claim is defective in quality or condition, then you must notify us when you collect your Bespoke Product from us, or within 21 days of delivery of the Bespoke Product to you so that we can discuss any alleged defect with you in order to undertake any necessary repairs or replacements that CHRISANNE CLOVER deem necessary in its absolute discretion.
8.2.6 Where the Products are sold to a consumer, your statutory rights are not affected by these Terms and Conditions.
8.3 Our liability to you for losses, liabilities, claims, cost, damages and expenses that you suffer as a result of us breaking our contract with you is strictly limited to the purchase price of the Product(s) you purchased.
8.4 Nothing in these Terms and Conditions excludes or limits our liability for:
8.4.1 death or personal injury caused by our negligence;
8.4.2 matters under section 2(3) of the Consumer Protection Act 1967;
8.4.3 fraud or fraudulent misrepresentation; or
8.4.4 any matter for which is would be illegal for us to exclude, or attempt to exclude, our liability.
The Products are not toys and are not suitable to be used for playing with by children. The Products should be kept away from children to avoid any misuse or damage.
8.6 We are not responsible for indirect or consequential losses, liabilities, claims, cost, damages and expenses which happen in connection with a breach by us, or for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time however arising and whether caused by tort (including negligence), breach of contract of otherwise, even if foreseeable.
8.7 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 of our reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes, but is not limited to, strikes, lock-outs, riots, civil commotion, acts of terrorism, war, fire, explosions, storms, floods, earthquakes, impossibility of the use of railways, shipping, aircraft, motor transports or other means of public or private transport, or acts of God. 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.
9.1 Any notice required by either party to the other under these Terms and Conditions shall be in writing addressed to the other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to the provisions for the party giving the notice.
9.2 The contract between us and you is personal between you and us. You may not transfer, assign, charge or otherwise dispose of this contract or any of your rights or obligations under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any or our rights or obligations arising under it, at any time during the term of the contract.
9.3 No waiver by CHRISANNE CLOVER of any breach of the contract by you shall be considered as a waiver of any subsequent breach of the same or any other provision.
9.4 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 and will continue to be valid to the fullest extent permitted by law.
9.5 The parties do not intend that any of these terms and conditions shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
9.6 In these terms and conditions references to any statute or statutory provision shall, unless the context otherwise requires, be construed as a reference to that statute or statutory provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced.
9.7 These Terms and Conditions and any document referred to in them represent the entire agreement between us and in relation to the subject matter of any contact between us for the sale of Products and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing. We both acknowledge that neither of us has relied on, and shall not be liable in respect of, 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 the Terms and Conditions (except in the case of any fraudulent misrepresentation).
9.8 We have the right to revise and amend these Terms and Conditions from time to time. You will be subject to the Terms and Conditions in force at the time that you order the Products from us, unless any change to our 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 place by you), or if we notify you of the change to our policies or these Terms and Conditions before we send you any relevant order 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 (7) working days of receipt by you of any relevant order confirmation).
9.9 The formation, existence, construction, performance, validity and all aspects of these terms and conditions shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.