Terms & conditions
(Updated 5th December 2015)
This website is operated by Clumber Products (referred to as "Clumber Products/we/our/us"). As user of this website (referred to as "you/your") you acknowledge that any use of this website including any transactions you make ("use/using") is subject to our terms and conditions below.
Please:
• read through these terms and conditions carefully before using this website.
• print a copy for future reference.
1. General
1.1 We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the website (see date at the top) and it is your responsibility to read the terms and conditions on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions.
1.2 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use this website
Order process
2.1 Please see eBay’s help pages for information on how to place an order. All orders that you place on this website will be subject to acceptance in accordance with our terms and conditions.
2.2 Acceptance of your order and the completion of the contract between you and us will take place on despatch to you of the products ordered unless we have notified you that we do not accept your order or you have cancelled it.
3. Delivery
3.1 This website is only for delivery of products to customers in mainland UK and Northern Ireland addresses. We cannot deliver to the Channel Islands, Isle of Man, Orkney, Shetland and Scottish Islands, BFPO addresses, or the Republic of Ireland without prior written agreement.
3.2 We make every effort to deliver goods within the estimated timescales, however delays are occasionally inevitable due to unforeseen factors. Clumber Products shall be under no liability for any delay or failure to deliver the products within estimated timescales.
3.3 Risk of loss and damage of products passes to you on the date when the products are delivered or on the date of first attempted delivery by us.
3.4 In accordance with Ebay Seller Protection rules we can only deliver to the address you have provided to Ebay and selected in the checkout process. If you require delivery to an alternate address you must add this address to your Ebay account before or during checkout. We will cancel any order where the seller requests an alternate address not provided to us by Ebay.
4. Payment
4.1 We take payment from your card or PayPal account at the time we receive your order, once we have checked your card or PayPal details and stock availability. Goods are subject to availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods. Additional Terms and Conditions for payments made by PayPal can be found at www.paypal.co.uk. (Clumber Products is not responsible for the content of external websites.)
4.3 The price you pay is the price displayed on the website at the time we receive the order, apart from the following exception:
a) Online price errors. If we discover an error in the price of goods ordered or reserved, we will inform you as soon as possible and provide you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you choose to cancel and have already paid for the goods, you will receive a full refund.
4.4 Payment can only be made through PayPal for delivered items. We cannot accept Paypal for items which are collected from us, in which case we accept cash payment only.
4.5 Title to any products you order on this website shall pass to you on delivery of the products provided that we have processed and received payment in full for the products.
5. Sizes
5.1 All sizes and measurements are approximate but we do try to make sure that they are as accurate as possible. We reserve the right to make small alterations to sizes and measurements of any of our products without notice.
6. Intellectual Property
6.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of this website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
6.2 You acknowledge and agree that the material and content contained within this website is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this website. You further acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
7. Liability and Indemnity
7.1 Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.
7.2 Subject to Section 7.1 above, Clumber Products will use reasonable endeavours to verify the accuracy of any information on the site but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website Clumber Products will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and Clumber Products accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site.
7.3 Subject to Section 7.1 above, other than as expressly provided in these terms and conditions with respect to specific products and except for the exclusive remedies set out at Section 5 above, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.
7.4 Subject to Section 7.1 above, Clumber Products will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any:
economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or
loss of goodwill or reputation; or
special or indirect losses
suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.
7.5 Notwithstanding the above, subject to Section 7.1 Clumber Products' aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same clause.
7.6 This clause 7 does not affect your consumer rights, nor does it affect your contract cancellation rights.
7.7 We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
8. Miscellaneous Provisions
8.1 The contract between us shall be governed by the laws of England and any dispute between us will be resolved exclusively in the courts of England. English is the only language offered for the conclusion of the contract.
8.2 We have selected our products on the basis that they will be used for domestic use only, if you are planning to use them for business purposes please make sure that you are covered by the appropriate insurance. Where you decide to use the products in the course of a business, we exclude (to the fullest extend permitted by law) those warranties and conditions relating to fitness for a particular purpose. Our maximum liability to business users arising out of or in connection with the products shall be limited to the replacement value of the product in question (except in the case of death or personal injury caused by our negligence or in respect of fraud). In relation to business users, we do not accept liability for the fitness of goods for business purposes, nor do we accept liability for loss of use of the item nor any loss over and above the cost of the item in the event of a claim for breach of warranty or condition.
8.3 Clumber Products shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.
8.4 You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party unless agreed upon in writing by Clumber Products.
8.5 Clumber Products reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party.
8.6 If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected.
8.7 No delay or failure by Clumber Products to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of Clumber Products.
8.8 These terms and conditions including the documents or other sources referred to in these terms and conditions supersede all prior representations understandings and agreements between you and Clumber Products relating to the use of this website (including the order of products) and sets forth the entire agreement and understanding between you and Clumber Products for your use of this website.
We recommend you print out a copy of these terms and conditions for future reference.
