This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products listed on our website www.clamanti.co.uk to you. Please read these terms and conditions carefully before ordering any products from our site. You should understand that by ordering any of our products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.
1. Information about us
www.clamanti.co.uk is a site operated by Vivaro Ltd. We are registered in England and Wales under company number 09169667 and with our registered office Vivaro Ltd, The Big Padlock, Unit F002, Ellis Ashton Street, Liverpool, L36 6BJ . Our VAT number is GB 201915347.
2. Consumer rights
2.1 If you are contracting as a consumer, you may cancel a Contract at any time within 14 working days, beginning on the day after you received the Products. In this case, you will receive a refund of the price paid for the Products in accordance with our refunds policy (set out in clause 8).
2.2 To cancel a Contract, 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
3. Our refunds policy
3.1 If you have cancelled the Contract between us within the 14 days, we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the product. However, you will be responsible for the cost of returning the item to us.
3.2 Before you return any item to us you must insure that you have taken reasonable care of the product prior to return - in particular this means they must not have been damaged. You must give us notice of cancellation by any written means (including email, fax or letter), but it will speed up the process for you and us if you contact us by email. You will be responsible for the cost of returning the product to us, unless it is faulty, incorrect or misdescribed.
3.3 Please return the Product in suitable packaging to ensure it reaches us in good condition. Buyer is responsible for proper packing and labelling of parcels to avoid damage or loss.
3.4 Please note: All cosmetics must be unopened, sealed and in original packaging. Failure to comply with this requirement will result in refusal to issue a refund.
3.5 For any other reason (for instance, because have notified us you have received wrong product, or because you claim that the product is defective), we will examine the returned product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail 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, subject to our verification.
3.6 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
3.7 Items returned to us as: not called for, refused, wrong address, incomplete address, inaccessible address, office closed and similar reasons indicating that delivery was impossible to complete, will be refunded less the original shipping costs and return charges billed by the carrier to us. We reserve the right to charge a restocking fee.
3.8 We reserve the right to refuse a return of used items and/or charge a 15% restocking fee.
4. Availability and delivery
4.1 Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances. Any goods advertised by Clamanti will be dispatched on the same day if purchased before 3 PM excluding weekends and Bank Holidays. If this time scale is likely to be exceeded then we will contact you.
4.2 Although you take ownership of the products when the goods are collected from the UK warehouse, you are only responsible for the product when it is delivered to you.
5. Price and payment
5.1 Prices include VAT but exclude delivery costs, which will be added to the total amount due.
5.2 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
5.3 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
5.4 We accept payment for products supplied by us and delivery services provided by us or Delivery Company by debit or credit card Powered by Barclaycard or PayPal only. Payment will be debited from your account at the time of or shortly before the products are dispatched to you.
5.5 You confirm that the credit/debit card that is being used is yours. All credit/debit card holders are subject to validation checks and authorization by the card issuer. Fraudulent use of credit cards will be reported to the relevant authorities. If the issuer of your card refuses to authorize payment we will not accept your order and neither we nor Delivery Company will be responsible for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal.
5.6 We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order.
6. Registering for a personal account
6.1 To make it easier for you to order products and arrange delivery with Clamanti if applicable using the Website, we offer you the opportunity to register for a personal account. If you take advantage of this opportunity any personal data that you provide us with during the registration process will be stored in our database and need not be entered with each new order; it will be entered into the order form automatically.
6.3 You are responsible for maintaining the confidentiality of your password and user name and are responsible for all activities that are carried out under them. We do not have the means to check the identities of people using the Website and will not be responsible for losses suffered by you where your password or user name is used by someone else unless this is due to our negligence. You agree to notify us immediately by e-mail if you become aware or suspect any unauthorized use of your password or user name.
7. Events outside our control
7.1 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 our reasonable control (Force Majeure Event).
7.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- Strikes, lock-outs or other industrial action.
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- Impossibility of the use of public or private telecommunications networks.
- The acts, decrees, legislation, regulations or restrictions of any government.
7.3 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.
8. Copyright and Other Intellectual Property Rights
8.1 Your use of the Website grants no rights to you in relation to copyright, design rights, trade marks or other of our intellectual property rights (or the intellectual property rights of third parties).
8.2 We provide the Website to you solely for your personal, non-commercial use. You may electronically copy and print only those areas of the Website which are required in the process of using the Website as a shopping resource. The content of the Website may not be used for any other purpose without our express written permission.
9. Our right to vary these terms and conditions
9.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities .
9.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those 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 placed by you), or if we notify you of the change to those policies or these terms and conditions before we send (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 working days of receipt by you of the Products).
10. Law and jurisdiction
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.