1 These terms
1.1 What these terms cover. These are the terms and conditions on which we supply our
products to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order
to us. These terms tell you who we are, how we will provide products to you, how you and we
may change or end the contract, what to do if there is a problem and other important
information. If you think that there is a mistake in these terms or they require any changes,
please contact us to discuss using the contact details set out at section 2 below.
1.3 Are you a business customer or a consumer? In some areas you will have different rights
under these terms depending on whether you are a business or consumer. We will always tell
you when different rights apply to you depending on if you are a consumer or a business. You
are a consumer if:
• You are an individual.
• You are buying products from us wholly or mainly for your personal use (not for use in
connection with your trade, business, craft or profession).
1.4 If you are a business customer this is our entire agreement with you. If you are a business
customer these terms constitute the entire agreement between us in relation to your purchase.
You acknowledge that you have not relied on any statement, promise, representation,
assurance or warranty made or given by or on behalf of us which is not set out in these terms
and that you shall have no claim for innocent or negligent misrepresentation or negligent
misstatement based on any statement in this Agreement.
2 Information about us and how to contact us
2.1 Who we are. We are Clear Expression Limited a company registered in England and Wales.
Our company registration number is 13235074 and our registered office is at Kemp House,
160 City Road, London, United Kingdom, EC1V 2NX. Our registered VAT number is
2.2 How to contact us. You can contact us by telephoning 07506518610 or by writing to us at
email@example.com or at Kemp House, 160 City Road, London, United
Kingdom, EC1V 2NX.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing
to you at the email address or postal address you provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this
3 Our contract with you
3.1 How we will accept your order. Our acceptance of your order will take place when we email
you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of
this and will not charge you for the product. This might be because the product is out of stock,
because of unexpected limits on our resources which we could not reasonably plan for,
because a credit reference we have obtained for you does not meet our minimum
requirements, because we have identified an error in the price or description of the product or
because we are unable to meet a delivery deadline you have specified.
3.3 Your order number. We will assign an order number to your order and tell you what it is when
we accept your order. It will help us if you can tell us the order number whenever you contact
us about your order.
3.4 We only sell to the UK. Our website is solely for the promotion of our products in the UK.
Unfortunately, we do not accept orders from addresses outside the UK.
4 Our products
4.1 Products may vary slightly from their pictures. The images of the products on our website
are for illustrative purposes only. Although we have made every effort to display the colours
accurately, we cannot guarantee that a device’s display of the colours accurately reflects the
colour of the products. Your product may vary slightly from those images.
4.2 Product packaging may vary. The packaging of the product may vary from that shown in
images on our website.
5 Our rights to make changes
5.1 Minor changes to the products. We may change the product:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements. These changes will
not affect your use of the product.
6 Providing the products
6.1 Delivery costs. The costs of delivery will be as displayed to you on our website.
6.2 When we will provide the products. We will contact you with a delivery date, which will be
within 30 days after the day on which we accept your order.
6.3 We are not responsible for delays outside our control. If our supply of the products is
delayed by an event outside our control then we will contact you as soon as 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 end the contract and receive a refund for any products you have paid for but not
6.4 If you are not at home when the product is delivered. If no one is available at your address
to take delivery and the products cannot be posted through your letterbox, we will leave your
products in the safe space that you indicated when making an order or leave you a note
informing you of how to rearrange delivery or collect the products from a local depot.
6.5 If you do not re-arrange delivery. If, after a failed delivery to you, you do not re-arrange
delivery or collect them from a delivery depot we will contact you for further instructions and
may charge you for storage costs and any further delivery costs. If, despite our reasonable
efforts, we are unable to contact you or re-arrange delivery or collection we may end the
contract and clause 10.2 will apply.
6.6 When you become responsible for the goods. The products you have ordered will be your
responsibility from the time we deliver the products to the address you gave us.
6.7 When you own goods. You own a product which is goods once we have received payment
6.8 Reasons we may suspend the supply of products to you. We may have to suspend the
supply of a product to update the product to reflect changes in relevant laws and regulatory
7 Your rights to end the contract
7.1 You can always end your contract with us. Your rights when you end the contract will
depend on what you have bought, whether there is anything wrong with it, how we are
performing, when you decide to end the contract and whether you are a consumer or business
(a) If what you have bought is faulty or misdescribed you may have a legal right
to end the contract (or to get the product repaired or replaced or a service re-
performed or to get some or all of your money back), see clause 12 if you are a
consumer and clause 13 if you are a business;
(b) If you want to end the contract because of something we have done or have
told you we are going to do, see clause 7.2;
(c) If you are a consumer and have just changed your mind about the product, see
clause Error! Reference source not found.. You may be able to get a refund if you
are within the cooling-off period, but this may be subject to deductions and you will
have to pay the costs of return of any goods;
(d) In all other cases (if we are not at fault and you are not a consumer exercising
your right to change your mind), see clause 8.
7.2 Ending the contract because of something we have done or are going to do. If you are
ending a contract for a reason set out at (a) to (d) below the contract will end immediately and
we will refund you in full for any products which have not been provided and you may also be
entitled to compensation. The reasons are:
(a) we have told you about an error in the price or description of the product you have
ordered and you do not wish to proceed;
(b) there is a risk that supply of the products may be significantly delayed because of
events outside our control; or
(c) you have a legal right to end the contract because of something we have done
7.3 Exercising your right to change your mind if you are a consumer (Consumer Contracts
Regulations 2013). If you are a consumer then for most products bought online you have a
legal right to change your mind within 14 days and receive a refund. These rights, under the
Consumer Contracts Regulations 2013, are explained in more detail in these terms.
7.4 When consumers do not have a right to change their minds. Your right as a consumer to
change your mind does not apply in respect of products sealed for health protection or hygiene
purposes once these have been unsealed after you receive them.
7.5 How long do consumers have to change their minds? If you are a consumer how long you
have to change your mind depends on what you have ordered and how it is delivered. When
you buy our products, you have 14 days after the day you (or someone you nominate) receives
8 Ending the contract where we are not at fault and there is no right to change your mind.
Even if we are not at fault and you are not a consumer who has a right to change their mind
(see clause 7.1), you can still end the contract before it is completed, but you may have to pay
us compensation. A contract for goods is completed when the product is delivered and paid
for. If you want to end a contract before it is completed where we are not at fault and you are
not a consumer who has changed their mind, just contact us to let us know. The contract will
end immediately and we will refund any sums paid by you for products not provided but we
may deduct from that refund (or, if you have not made an advance payment, charge you
reasonable compensation for the net costs we will incur as a result of your ending the contract.
9 How to end the contract with us (including if you are a consumer who has changed their
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by
doing one of the following:
(a) Phone or email. Call us on 07506518610 or email us at
firstname.lastname@example.org. Please provide your name, home address,
details of the order and, where available, your phone number and email address.
9.2 Returning products after ending the contract. If you end the contract for any reason after
products have been dispatched to you or you have received them, you must return them to
us. You must either return the goods in person to where you bought them, post them back to
us at Kemp House, 160 City Road, London, United Kingdom, EC1V 2NX. Please call us on
07506518610 or email us at email@example.com for a return label or to arrange
collection. If you are a consumer exercising your right to change your mind you must send off
the goods within 14 days of telling us you wish to end the contract.
9.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the products are faulty or misdescribed; or
(b) if you are ending the contract because we have told you of an upcoming change to
the product or these terms, an error in pricing or description, a delay in delivery due
to events outside our control or because you have a legal right to do so as a result
of something we have done wrong.
In all other circumstances (including where you are a consumer exercising your right
to change your mind) you must pay the costs of return.
9.4 How we will refund you. If you are entitled to a refund under these terms we will refund you
the price you paid for the products including delivery costs, by the method you used for
payment. However, we may make deductions from the price, as described below.
9.5 When we may make deduction from refunds if you are a consumer exercising your right
to change your mind. If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any
reduction in the value of the goods,if this has been caused by your handling them in
a way which would not be permitted in a shop. If we refund you the price paid before
we are able to inspect the goods and later discover you have handled them in an
unacceptable way, you must pay us an appropriate amount.
(b) The maximum refund for delivery costs will be the costs of delivery by the least
expensive delivery method we offer. For example, if we offer delivery of a product
within 3-5 days at one cost but you choose to have the product delivered within 24
hours at a higher cost, then we will only refund what you would have paid for the
cheaper delivery option.
9.6 When your refund will be made. We will make any refunds due to you as soon as possible.
If you are a consumer exercising your right to change your mind then:
(a) If we have not offered to collect the products, your refund will be made within 14
days from the day on which we receive the product back from you or, if earlier, the
day on which you provide us with evidence that you have sent the product back to
us. For information about how to return a product to us, see clause 9.2.
(b) In all other cases, your refund will be made within 14 days of your telling us you have
changed your mind
10 Our rights to end the contract
10.1 We may end the contract if you break it. We may end the contract for a product at any time
by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment
within 30 days of us reminding you that payment is due; or
(b) you do not, within a reasonable time, allow us to deliver the products to you or collect
them from us.
10.2 You must compensate us if you break the contract. If we end the contract in the situations
set out in clause 10.1 we will refund any money you have paid in advance for products we
have not provided but we may deduct or charge you reasonable compensation for the net
costs we will incur as a result of your breaking the contract.
11 If there is a problem with the product
How to tell us about problems. If you have any questions or complaints about the product,
please contact us. You can telephone us at 07506518610 or write to us at
firstname.lastname@example.org or at 28 Howard View, Basingstoke, Hants, RG22 6LF.
12 Your rights in respect of defective products if you are a consumer
12.1 If you are a consumer we are under a legal duty to supply products that are in conformity with
this contract. Nothing in these terms will affect your legal rights.
12.2 Your obligation to return rejected products. If you wish to exercise your legal rights to reject
products you must post them back to us or (if they are not suitable for posting) allow us to
collect them from you. We will pay the costs of postage or collection. Please call us on
07506518610 or email us at email@example.com for a return label or to arrange
13 Your rights in respect of defective products if you are a business
13.1 If you are a business customer we warrant that on delivery, our products shall:
(a) conform in all material respects with their description and any relevant specification;
(b) be free from material defects in design, material and workmanship;
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
(d) be fit for any purpose held out by us.
13.2 Subject to clause 13.3, if:
(a) you give us notice in writing within a reasonable time of discovery that a product
does not comply with the warranty set out in clause 13.1;
(b) we are given a reasonable opportunity of examining such product; and
(c) you return such product to us at our cost,
we shall, at our option, repair or replace the defective product, or refund the price of
the defective product in full.
13.3 We will not be liable for a product’s failure to comply with the warranty in clause 13.1 if:
(a) you make any further use of such product after giving a notice in accordance with
(b) the defect arises because you failed to follow our oral or written instructions as to the
storage, installation, commissioning, use or maintenance of the product or (if there
are none) good trade practice;
(c) you alter or repair the product without our written consent; or
(d) the defect arises as a result of fair wear and tear, wilful damage, negligence, or
abnormal working conditions.
13.4 Except as provided in this clause 13, we shall have no liability to you in respect of a product’s
failure to comply with the warranty set out in clause 13.1.
13.5 These terms shall apply to any repaired or replacement products supplied by us under clause
14 Price and payment
14.1 Where to find the price for the product. The price of the product (which includes VAT) will
be the price indicated on the order pages when you placed your order. We take all reasonable
care to ensure that the price of the product advised to you is correct. However please see
clause 14.3 for what happens if we discover an error in the price of the product you order.
14.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order
date and the date we supply the product, we will adjust the rate of VAT that you pay, unless
you have already paid for the product in full before the change in the rate of VAT takes effect.
14.3 What happens if we got the price wrong. It is always possible that, despite our best efforts,
some of the products we sell may be incorrectly priced. We will normally check prices before
accepting your order so that, where the product’s correct price at your order date is less than
our stated price at your order date, we will charge the lower amount. If the product’s correct
price at your order date is higher than the price stated to you, we will contact you for your
instructions before we accept your order.
14.4 When you must pay and how you must pay. We accept payment with all major credit and
debit cards. You must pay for our products at the point of making an order.
14.5 Our right of set-off if you are a business customer. If you are a business customer you
must pay all amounts due to us under these terms in full without any set-off, counterclaim,
deduction or withholding (other than any deduction or withholding of tax as required by law).
14.6 We can charge interest if you pay late. If you do not make any payment to us by the due
date we may charge interest to you on the overdue amount at the rate of 2% a year above the
base lending rate of Barclays Bank UK PLC from time to time. This interest shall accrue on a
daily basis from the due date until the date of actual payment of the overdue amount, whether
before or after judgment. You must pay us interest together with any overdue amount.
15 Our responsibility for loss or damage suffered by you if you are a consumer
15.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to
comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable
result of our breaking this contract or our failing to use reasonable care and skill, but we are
not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable
if either it is obvious that it will happen or if, at the time the contract was made, both we and
you knew it might happen, for example, if you discussed it with us during the sales process.
15.2 We do not exclude or limit in any way our liability to you where it would be unlawful to
do so. This includes liability for death or personal injury caused by our negligence or the
negligence of our employees, agents or subcontractors; for fraud or fraudulent
misrepresentation; for breach of your legal rights in relation to the products as summarised at
clause 12.1; and for defective products under the Consumer Protection Act 1987.
15.3 We are not liable for business losses. If you are a consumer we only supply the products
for to you for domestic and private use. If you use the products for any commercial, business
or re-sale purpose our liability to you will be limited as set out in clause 16.
16 Our responsibility for loss or damage suffered by you if you are a business
16.1 Nothing in these terms shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our
employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section
2 of the Supply of Goods and Services Act 1982;
(d) defective products under the Consumer Protection Act 1987; or
(e) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
16.2 Except to the extent expressly stated in clause 13.1 all terms implied by sections 13 to 15 of
the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982
16.3 Subject to clause 16.1:
(a) we shall not be liable to you, whether in contract, tort (including negligence), breach
of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential
loss arising under or in connection with any contract between us; and
(b) our total liability to you for all other losses arising under or in connection with any
contract between us, whether in contract, tort (including negligence), breach of
statutory duty, or otherwise, shall, in relation to each order you make with us, be
limited to the total sums paid by you for that order.
17 How we may use your personal information
How we will use your personal information. We will only use your personal information as
18 Other important terms
18.1 We may transfer this Agreement to someone else. We may transfer our rights and
obligations under these terms to another organisation. We will contact you to let you know if
we plan to do this. If you are unhappy with the transfer you may contact us to end the contract
within 30 calendar days of us telling you about it and we will refund you any payments you
have made in advance for products not provided.
18.2 You need our consent to transfer your rights to someone else (except that you can
always transfer our guarantee). You may only transfer your rights or your obligations under
these terms to another person if we agree to this in writing. However, if you are a consumer
you may transfer our guarantee at clause Error! Reference source not found. to a person
who has acquired the product or, where the product is services, any item or property in respect
of which we have provided the services. We may require the person to whom the guarantee
is transferred to provide reasonable evidence that they are now the owner of the relevant item
18.3 Nobody else has any rights under this contract (except someone you pass your
guarantee on to). This contract is between you and us. No other person shall have any rights
to enforce any of its terms, except as explained in clause 18.2 in respect of our guarantee.
Neither of us will need to get the agreement of any other person in order to end the contract
or make any changes to these terms.
18.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the
paragraphs of these terms operates separately. If any court or relevant authority decides that
any of them are unlawful, the remaining paragraphs will remain in full force and effect.
18.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist
immediately that you do anything you are required to do under these terms, or if we delay in
taking steps against you in respect of your breaking this contract, that will not mean that you
do not have to do those things and it will not prevent us taking steps against you at a later
date. For example, if you fail to make a payment to us and we do not chase you but we continue
to provide the products, we can still require you to make the payment at a later date.
18.6 Which laws apply to this contract and where you may bring legal proceedings if you are
a consumer. These terms are governed by English law and you can bring legal proceedings
in respect of the products in the English courts. If you live in Scotland you can bring legal
proceedings in respect of the products in either the Scottish or the English courts. If you live
in Northern Ireland you can bring legal proceedings in respect of the products in either the
Northern Irish or the English courts.
18.7 Which laws apply to this contract and where you may bring legal proceedings if you are
a business. If you are a business, any dispute or claim arising out of or in connection with a
contract between us or its subject matter or formation (including non-contractual disputes or
claims) shall be governed by and construed in accordance with the law of England and Wales
and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute