Terms of Business for online personal customers

Welcome to Clear Prospects Ltd.

Clear Prospects Ltd and any of its affiliates provide access to the Clear Prospects Ltd website(s) (including thejetrest.com, wheatybags.co.uk, happysnapgifts.co.uk, eyemaskshop.co.uk, accessoriesofold.co.uk, clearprospects.com and any other web sites that Clear Prospects Ltd may publish at any time (the "website") and sell our products to you as an individual subject to the conditions set out on this page. 

These conditions apply for personal purchases made online, on the telephone or by any other means if you are purchasing in your own right.  Trade purchases are subject to different conditions which can be found on our corporate web site.

Please read these conditions carefully before using the Clear Prospects Ltd website. By using the Clear Prospects Ltd website, you signify your agreement to be bound by these conditions. In addition, when you use any current or future Clear Prospects Ltd service, you will also be subject to the guidelines and conditions applicable to that service.

Conditions Relating to Your Use of Clear Prospects Ltd

Privacy

Please review our Privacy Notice, which also governs your visit to Clear Prospects Ltd, to understand our practices.

Access to Clear Prospects Ltd

We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.

Licence for website access

Clear Prospects Ltd grants you a limited licence to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Clear Prospects Ltd. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.

You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Clear Prospects Ltd and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilising Clear Prospects Ltd's or its affiliates' names or trademarks without the express written consent of Clear Prospects Ltd. Any unauthorised use terminates the permission or license granted by Clear Prospects Ltd.

You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the website as long as the link does not portray Clear Prospects Ltd, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Clear Prospects Ltd logo or other proprietary graphic or trademark as part of the link without our express written consent.

Your conduct

You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.

You understand that you, and not Clear Prospects Ltd, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only.

You must not use the website for any of the following: for fraudulent purposes, or in connection with a criminal offence or other unlawful activity to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam" to cause annoyance, inconvenience or needless anxiety

Reviews, comments, communications and other content

Users of this website may send us email communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. Clear Prospects Ltd reserves the right (but not the obligation) to remove or edit any content.

If you do send content or submit material, and unless we indicate otherwise, you grant Clear Prospects Ltd and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Clear Prospects Ltd and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Clear Prospects Ltd, including the execution of deeds and documents, at the request of Clear Prospects Ltd.

You represent and warrant that you own or otherwise control all of the rights to the content that you send; that, as at the date that the content or material is submitted to Clear Prospects Ltd: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable Clear Prospects Ltd policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify Clear Prospects Ltd and its affiliates for all claims brought by a third party against Clear Prospects Ltd or its affiliates arising out of or in connection with a breach of any of these warranties.

Defamation claims

Because Clear Prospects Ltd lists many products for sale on the website and hosts many comments, it is not possible for us to be aware of the contents of each product listed for sale, or each comment or review that is displayed. Accordingly, Clear Prospects Ltd operates on a "notice and takedown" basis. If you believe that any content on, or advertised for sale on, the website contains a defamatory statement, please notify us immediately by email o phone. Clear Prospects Ltd will make all reasonable endeavours to remove the defamatory content complained about within a reasonable time.

Copyright and database rights

All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Clear Prospects Ltd, its affiliates or its content suppliers and is protected by United Kingdom and international copyright and database right laws. The compilation of all content on this website is the exclusive property of Clear Prospects Ltd and its affiliates and is protected by United Kingdom and international copyright and database right laws. All software used on this website is the property of Clear Prospects Ltd, our affiliates or our software suppliers and is protected by United Kingdom and international copyright laws.

You may not systematically extract and/or re-utilise parts of the contents of the website without Clear Prospects Ltd's express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without Clear Prospects Ltd's express written consent. You also may not create and/or publish your own database that features substantial (eg our prices and product listings) parts of this website without Clear Prospects Ltd's express written consent.

Copyright claims

Clear Prospects Ltd and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us.

Trademarks

CLEAR PROSPECTS LTD, THE CLEAR PROSPECTS LOGO, and other marks indicated on our website are trademarks or registered trademarks of Clear Prospects Ltd, Inc. or its subsidiaries (collectively "Clear Prospects Ltd"), in the European Union and/or other jurisdictions. Clear Prospects Ltd's graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of Clear Prospects Ltd. Clear Prospects Ltd's trademarks and trade dress may not be used in connection with any product or service that is not Clear Prospects Ltd's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Clear Prospects Ltd. All other trademarks not owned by Clear Prospects Ltd that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Clear Prospects Ltd.

Patents

One or more patents apply to the website and to the products accessible via the website.

Conditions Relating to the Sale of Products to You

This section deals with conditions relating to the sale of products by Clear Prospects Ltd to you, and the sale of products Clear Prospects Ltd to you. Trade Purchase Conditions are listed separately.

Our contract

When you place an order to purchase a product from Clear Prospects Ltd, we will send you an e-mail confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product which is accepted by us when we process your order. That acceptance will be complete at the time we process your order.

Returns

Please review our Returns Policy, which applies to products purchased from us. In addition, customers in the European Union are entitled to a statutory cooling-off period of seven business days. Details of this statutory right and an explanation of how to exercise it are provided in the Returns Policy.

Pricing and availability

We cannot be more specific about availability. As we process your order, we will inform you by e-mail if any products you order turn out to be unavailable.

Despite our best efforts, a small number of the products in our catalogue may be mispriced. If a product's correct price is lower than our stated price, we charge the lower amount and send you the product. If a product's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and notify you of such cancellation.

Customs

When ordering goods from Clear Prospects Ltd for delivery overseas you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from Clear Prospects Ltd, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods. Your privacy is important to us and we know that you care about how information about your order is used and shared. We would like our international customers and customers dispatching products internationally to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.

Bespoke Made Products

Occasionally we may agree to manufacture products at your own request or order.  Supply of such products is made under our general terms of business here and, in addition, when manufacturing bespoke items, you will supply or agree to any patterns or drawings or verbal agreements that may be created between us and we will do our best to manufacture to these instructions. We will agree a price for such work and payment must be made in full before we commence the work. Amendments to bespoke products are not possible and a new item would usually be made from scratch and payment in full will be required if you need any changes to be made to the original agreed specification. We do not guarantee or claim that a bespoke product made to order is fit for purpose or will meet your expectations, be legal nor meet any safety requirements that the law or safety may require and you agree to this in advance of any work and indemnify us against any claim. Any amendments agreed on a bespoke item will incur a cost for our work and a re-delivery cost that much be paid in avdance of the work though such work has to be agreed in advance with us before you send the item back for amendment. Returns are not possible for any bespoke items under any circumstance.

Copyright of images you send to us for printing onto products

When you order a product that requires us to print a photograph, logo, trademark or design supplied by you to us, you must have legal ownership or express permission to use the image as you direct us.  Please click here to read our conditions about images you send for use.

Conditions Relating to Both Your Use of Clear Prospects Ltd and Sales to You

Children

Clear Prospects Ltd does not sell products for purchase by children. We sell children's products for purchase by adults. If you are under 18, you may use Clear Prospects Ltd only with the involvement of a parent or guardian.

Other businesses

Parties other than Clear Prospects Ltd and its subsidiaries operate stores, provide services, or sell product lines on this website. In addition, we provide links to the websites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content of their websites. Clear Prospects Ltd does not assume any responsibility or liability for the actions, products, and content of any of these and any other third-parties. You can tell when a third-party is involved in your transactions, and we may share customer information related to those transactions with that third-party. You should carefully review their privacy statements and other conditions of use.

Electronic communications

When you visit Clear Prospects Ltd or send e-mails to us, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

Losses

Clear Prospects Ltd will be responsible for any losses you suffer as a result of us breaching these conditions if the losses were reasonably foreseeable to both you and us when you commenced using the website, or a contract for the sale of goods by us to you was formed. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website or when a contract for the sale of goods by us to you was formed. Clear Prospects Ltd does not limit in any way our liability by law for death or personal injury caused from our negligence or breach of duty.

Alteration of Service or Amendments to the Conditions

We reserve the right to make changes to our website, policies, and these Conditions of Use & Sale at any time. You will be subject to the policies and Conditions of Conditions of Use & Sale in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

Events beyond our reasonable control

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights. Examples of events that we specifically note as being beyond our control would include but not be limited by our subcontracted delivery companies (including Royal Mail and others we chose to use at our sole discression) may fail to deliver or fail to deliver on time or within a reasonable period.  We will deal with your customer service communication and help to resolve any issue you may have with our delivery companies or sub contractors though will not be responsible for disputes arising over late or lost deliveries of goods.

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Governing law and jurisdiction

These conditions are governed by and construed in accordance with the laws of England and Wales. You agree, as we do, to submit to the non-exclusive jurisdiction of the English courts.

Our details

The JetRest® and WheatyBags®, EyeMaskShop®, MozzyOff®, Peel Stick & Go®, Happy Snap Gifts® and Clear Prospects Ltd® are the trading names for Clear Prospects Ltd among others we will use from time to time.

This website is owned and operated by Clear Prospects Ltd, together with any other third-party seller programmes operated on the website from time to time are operated by Clear Prospects Ltd.

For the Clear Prospects Ltd website: Clear Prospects Ltd Unit 26 Glenfield Park 1Philips Road Blackburn Lancashire BB1 5PF England, United Kingdom. 

VAT Reg. No. GB 769 8182 67

Company registered number: 4170303

These terms were update as version number V1-13 on 12th June 2013