ECommerce Terms and Conditions
These are the eCommerce Terms and Conditions (the “Terms”) for Clear Prospects Limited (“we”, “us”, “our”) which set out the basis on which we agree to supply our non-personalised and/or personalised products (the “Products”) to our consumer customers (which are individuals acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession).
We primarily operate via the following websites:
- Clear Prospects: https://clearprospects.com;
- HappySnapGifts®: https://happysnapgifts.co.uk;
- The JetRest®: https://thejetrest.com;
- WheatyBags®: https://wheatybags.co.uk; and
- British Made Promotional Merchandise (BMPM): https://bmpm.trade.
(the “Websites”), however we may from time-to-time extend our broaden our website portfolio and sell our Products via such websites.
These Terms govern the contractual relationship between you and us when you purchase our Products (whether via the Websites or otherwise in accordance with clause 4).
We may amend these Terms (and any of our other policies) from time to time to reflect updates to our Products and services. Every time you wish to purchase any Products from us, please review these Terms to ensure you understand the terms that apply at that time.
Please note that these Terms do not apply to you if you are purchasing Products for any commercial, business or re-sale purpose (hereafter, referred to as “Business”).
If you are a Business, please refer to our Business Terms and Conditions, which can be found here at clearprospects.com.
Where you wish to purchase Bespoke Products (as defined in clause 4) from us, your specific attention is drawn to your obligations under clause 7 and the indemnity from you to us in the event that any Specification (also as defined in clause 4) that you provide to use infringes third party intellectual property rights.
2. COMPANY INFORMATION AND CONTACT DETAILS
We are Clear Prospects Limited, a company registered in England and Wales. Our company registration number is 04170303 and our registered office is at Unit J3 Glenfield Business Park Site 1, Philips Road, Blackburn, England, BB1 5PF.
Our registered VAT number is GB769818267.
You can contact us by:
- email, depending on which Website you purchase the Products from, at either:
- firstname.lastname@example.org; or
- telephone, via the telephone number on our Websites; or
- by writing to us at Unit J3 Glenfield Business Park Site 1, Phillips Road, Blackburn, England, BB1 5PF.
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.
When we use the words "writing" or "written" in these Terms, this includes emails but not fax.
3. YOUR PERSONAL INFORMATION
4. PURCHASING PRODUCTS FROM US
If you wish to purchase the Products via our Websites, you can do so either by registering with us or by proceeding as a guest. To raise your order (hereafter, the “Order”) for the Products, you must select the Products that you wish to purchase, your desired delivery method and proceed to complete the Order at the checkout page on our Websites. It is also possible for you to raise an Order via telephone or otherwise in writing by contacting us in accordance with clause 2, above.
You can either raise an Order for our non-personalised products (hereafter, “Non-Bespoke Products”) or our personalised products (hereafter, “Bespoke Products”). If you raise an Order for our Bespoke Products, you will be asked to upload your images and/or personalised text (hereafter, “Specification”) prior to you completing the Order at the checkout page of either of our Websites. In all cases, you will be required to pay the price of the Products in advance when raising the Order.
Once you have submitted your Order, you will receive an automatic email confirmation to the email address that you have provided (hereafter, the “Order Confirmation”). This email confirmation will provide you with a summary of the Products that are subject to that Order, the applicable costs and the delivery formalities. Within the Order Confirmation (or otherwise via the Websites, telephone or in writing) we will also provide you with a unique Order number, which can be used when raising any queries with us. It is vitally important that you ensure that the email address that you provide us is correct and we can have no responsibility for any losses that you may suffer where you provide us with an incorrect email address.
By raising an Order, you agree that you are:
- legally capable of entering into binding contracts; and
- a resident within one of our serviced countries (and that you will provide full, complete and accurate information regarding the delivery address within your Order).
We will, at our discretion, decide whether to accept or refuse your Order. If we are unable to accept your Order, we will inform you in writing following submission of your Order. Where an Order has been refused, we will promptly refund any sums that have been paid by you.
If we accept your order, we will email you to confirm your order has been despatched (hereafter, the “Despatch Email”) and provide you with the delivery details in line with clause 10 Delivering the Products. It is at this stage that the contract will come into existence between you and us and the Products will be despatched for delivery.
If any of the information which you provided within your Order changes at any time during the duration of the contract you must notify us of this fact. At this stage we will assess whether this affects our ability to provide the Products, the price or any other matter relating to the contract. Please see clause 8 Changes To Your Order which states that it is not possible to change your Order for Bespoke Products once we have started producing them.
5. PRICE AND PAYMENT
The price of the Products (which includes VAT) will be the price indicated on the checkout function of the Websites, save to the extent that it is adjusted in any way in accordance with these Terms. We use our best efforts to ensure that the price of the Products advised to you is correct.
If the rate of VAT changes between your order date and the date we supply the Products, we will adjust the rate of VAT that you pay, unless you have already paid for the Products in full before the change in the rate of VAT takes effect.
Details regarding acceptable payment methods is contained on the Websites (or will otherwise be notified to you by us where you raise an Order via telephone). We require that the price for the Products is paid on raising your Order.
6. OUR PRODUCTS
The images of the Products on our Websites and/or any promotional material are for illustrative purposes only. Although we have made every effort to display the colours and size of our Products accurately, we cannot guarantee that a device's display of the colours and size or the printed pictures in our promotional material accurately reflects the colour and size of the Products. Your Product may vary slightly from those images.
The packaging of the Products may vary from that shown on images on our Websites and/or any promotional material.
7. BESPOKE PRODUCTS
Most of the Products that we supply are Bespoke Products, allowing you to provide us with a Specification that you would like to be printed on to the Bespoke Products. The Specification that is provided by you will be used exactly (save to the extent that we may make minor adjustments including, where reasonably required, cropping/size adjustments, which will not adversely affect the overall appearance of the final Bespoke Product) how it is provided to us by you in order to create your Bespoke Product. It is your responsibility to ensure that the Specification provided to us is correct and is of appropriate quality at the point the Order is raised.
It is also your responsibility to ensure that any Specification that you provide does not infringe the intellectual property rights (which include but are by no means limited to trade marks and service marks, copyright, patents and rights to inventions, goodwill and the right to sue for passing off, design rights and domain names, each of which whether registered or unregistered) of any third party, and you warrant to us that this is the case. A warranty is a contractual promise which, if breached, may give rise to a claim for damages against you.
Please note that if the Specification is inclusive of a specific colour intended to be used for the Bespoke Products, we will endeavour to ensure that the colour used on the Bespoke Products accurately reflects the colour requested by you. Your Bespoke Products may vary slightly from those colours requested by you.
It is your sole responsibility to ensure that the Specification does not infringe any intellectual property rights that belong to third parties. You agree to indemnify us for any and all losses that we may suffer or incur as a consequence of any third-party claim against us that any Bespoke Products that we supply to you infringe third-party intellectual property rights. An indemnity is an obligation to pay a specified sum of money on demand on a certain event occurring and, for the purpose of this clause, includes without limitation any damages award that we are ordered to pay, together with any legal costs and loss of profit on our behalf. “Intellectual property rights” in this clause includes, without limitation, copyright and related rights, image rights, performance rights, trade marks, business names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, and all other intellectual property rights, whether registered, unregistered or applied for and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
8. CHANGES TO YOUR ORDER
If you wish to make a change to your Order, please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the Product, applicable delivery dates or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
Please note that it is not possible to change your Order once the Products have been dispatched to you. It may be possible to return the Products (see clause 9 Cancellation Rights and clause 12 Your Rights to End the Contract), however return costs may apply.
We may make minor changes to your Order in order to:
- to reflect changes in relevant laws and regulatory requirements; or
- to implement minor technical adjustments and improvements, for example to address a security threat.
Please note that if you have purchased Bespoke Products and we have already started producing your Bespoke Products using your Specification, it will not be possible to change your Order.
9. CANCELLATION RIGHTS
Where you have bought Non-Bespoke Products via our Websites, under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the “2013 Regulations”) you have a legal right to change your mind within 14-days (the “Cancellation Period”) of your receipt of the Products and receive a refund for any payments you have made. This does not apply to any payments you have made in respect of delivery.
In order to start the returns process for Non-Bespoke Products you must, during the Cancellation Period, return the Non-Bespoke Products to us at the address mentioned within clause 1 Company Information and Contact Details. You can also complete the Model Cancellation Form shown at the bottom of these Terms.
When returning the Non-Bespoke Products, please ensure that the parcel is securely wrapped in the original packaging and that it contains your order number, name, email address, postal address, and all other information that we request from you.
Once your return is received and has been inspected by us, we will send you an email to notify you that we have received your returned Non-Bespoke Product. We will also notify you of the approval or rejection of your return request and whether we will make any deduction to any refund.
We are not responsible for the costs of returning the Non-Bespoke Products where you are exercising your cancellation rights.
Where you have purchased Bespoke Products via our Websites, under the 2013 Regulations you do not have a legal right to change your mind, as this cancellation right does not apply for personalised products. We therefore cannot accept returns on any Bespoke Products purchased by you as these Bespoke Products, once returned to us, cannot be sold to anyone else.
The 2013 Regulations set out that where we have supplied any Products and those Products have been put to use by you, causing the value of those Products to diminish, this will impact the refund we will provide to you. This, for example, applies if you were to use one of our heat pack Products; your use of this product will diminish the value of the such Product, which will make it unsellable and will affect your rights to a refund under this clause 9. In this scenario, we reserve the right to make an appropriate deduction to any refund, which depending on the nature of your use, will likely mean that we cannot refund any element of the price of the Products.
10. DELIVERING THE PRODUCTS
The costs of delivery for the Products will be as displayed to you within the checkout function of our Websites, and within your Order Confirmation. We process and despatch orders Monday to Friday but do not process and despatch orders on weekends and Bank Holidays. Dependant on the delivery option you have chosen when submitting your Order, we will provide you with an estimated date of delivery for the Products however please note that we can never guarantee when delivery will take place.
You also have the option of collecting your Products from our address (as notified to you during the Order process) yourself or through your own courier. If you would like to exercise this option, please call us on the contact number provided within clause 1 Company Information and Contact Details and we will arrange a date and time with you in which you (or your elected courier) can do this. You or your courier will need to quote your order number on collection as well as producing some ID, otherwise we will not release the Products. Where you have appointed a courier, when contacting us to arrange collection you will also be required to provide details regarding the identity of the courier (whom will also be required to comply with the requirements under this paragraph on your behalf). You will also only be able to collect your Products when you have received email confirmation that the Products have been despatched, which will essentially mean that it is ready for collection.
We will not be responsible for any delays caused in the delivery of the Products where such delay is caused by an event outside our control.
If it comes to our attention that we have been unable to deliver the Products to you (for example, nobody is available at your address to accept delivery), where it is possible to do so and subject always to your payment of further delivery charges (and manufacturing costs in the case of Bespoke Products) that apply from time-to-time, we will make a further attempt to deliver the Products to you. Where this is not possible, we will contact you again and discuss further options that may be available.
We offer a range of overseas delivery options which will be presented to you at the checkout stage when you are raising your Order. Once you have presented your shipping address and completed all relevant details, our systems can then present you with costs of delivery to your address. Please also note that, depending on the country in which the Products are being delivered to further costs, charges, duties, levies (etc.) may apply in relation to your purchase of the Products, for which you will be responsible. You will also be responsible for any import formalities, duties, tariffs, levies or taxes that may apply within your country. For the avoidance of doubt, you are responsible for ensuring that the Products are legally capable of being incorporated into your country and are the “importer of record”.
11. IF THERE IS A PROBLEM WITH THE PRODUCTS
If you have any questions or complaints about the Products, please contact us.
We are under a legal duty to supply Products that are in conformity with this contract. For detailed information on your key legal rights please visit Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. Nothing in these Terms will affect your legal rights.
If you wish to exercise your legal rights to reject the Products (note that this does not apply when you are exercising your rights to cancel for Non-Bespoke Products, but only where we have failed to comply with our legal obligations), you must return them by posting them back to us and you will be responsible for initial postage costs. Please see clause 12, below, which sets out that we will refund these postage costs to you where we agree that we have failed to conform with the contract.
12. YOUR RIGHTS TO END THE CONTRACT
You can contact us to end your contract for the Non-Bespoke Products at any time but can only contact us to end your contract for Bespoke Products for the reasons mentioned below.
In addition to your rights to cancel under clause 9 Cancellation Rights for Non-Bespoke Products, you may also have a right to terminate the contract in the following circumstances (which are the circumstances in which you can return Bespoke Products to us):
- If what you have bought is faulty or misdescribed (an example being where you have ordered one of our Products and what we have delivered is incorrect);
- If you want to end the contract because of something we have done or have agreed in writing that we are going to do (an example here is where we have agreed to do something and we have failed to comply with that agreement); or
- Otherwise where we have breached our obligations under the Consumer Rights Act 2015 (to supply Products of a satisfactory quality) and associated laws.
In order for us to investigate whether we have failed to supply Products in conformity with the contract, you must return Products in question to the address referred to within clause 9 Cancellation Rights. When you return the Products in question to us, we request that you use a reliable return post or delivery method and obtain proof of this return, which we will request evidence of should the Products not be received by us. Please note that you will initially be responsible for any reasonably incurred costs associated with the return of the Products, which will be refunded to you if we find that we have failed to conform with the contract.
Following our investigation (which we will carry out as soon as possible following the successful return of the Products), we will contact you either via telephone or in writing of the result.
Where we accept that we have failed to conform with the contract, we will provide you with a refund for Products (including reasonable return costs) within 14 days of us informing you of such acceptance.
Where we do not accept that we have failed to conform with the contract, we will inform you of the applicable costs associated with posting the Products back to you. Please note that if we do not accept that we have failed to confirm with the contract, this does not restrict your right to further escalate such complaint further. We would recommend that you seek legal and practical advice regarding the legal procedure prior to doing so (please see clause 11 If There is a Problem with the Products.
If you have purchased Products from us and you have not complied with the instructions provided to you (whether by us or any third-party manufacturer of the Products, to the extent applicable), we will not accept any return for such Products. We may, from time-to-time provide you with instructions on how to use the Products (depending on which Products you purchase) to avoid damage and if you do not comply with these instructions, we will not accept any returns request from you.
Nothing in these Terms seeks to limit or restrict our legal obligations or your rights under the Consumer Rights Act 2015.
13. OUR RIGHTS TO END THE CONTRACT
We may end the contract at any time and at our absolute discretion by providing notice in writing to you. Specific examples of where we may end the contract are:
- you do not, within a reasonable time, allow us to deliver the Products to you;
- you act unreasonably or in an obstructive manner when we attempt to deliver the Products to you;
- you do not, within a reasonable time, allow us access to your premises to deliver the Products; or
- we are unable to provide the Products.
If we end the contract in the situations set out above, we will refund any money you have paid in advance for the 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 breaching the contract (for example, where we cannot provide the Products due to your conduct).
14. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU ARE EXERCISING CANCELLATION RIGHTS)
To end the contract with us, please let us know by calling customer services via the telephone number on our Websites or by writing to us at the email addresses found within clause 1 Company Information and Contact Details. Please provide your name, order address, delivery address, your Order number, your phone number and your email address.
We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind for Non-Bespoke Products, then, in accordance with clause 9 Cancellation Rights, your refund will be made within 14 days of your telling us you have changed your mind.
15. RESPONSIBILITY FOR LOSS OR DAMAGE
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 supply Products of a satisfactory quality. 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.
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.
These Terms only govern our sale of Products for domestic and private use. If you use the products for any Business purpose, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity and we recommend you review our Business Terms and Conditions which can be found here at clearprospects.com.
It is essential that care is take when using our Products to avoid damage and to ensure complete safety. If you do not comply with the instructions provided by us (or generally acceptable standards) on the use of the Products which then leads to damage being caused, you will not be entitled to a refund for the Products under clause 12 Your Rights to End the Contract. We will also have no liability whatsoever for any loss or damage that you may suffer as a result.
16. WHICH LAWS APPLY IN THE EVENT OF A DISPUTE?
Please note that these Terms, their subject matter and their formation, are governed by English law. You and we both agree that the Courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland and you may also bring proceedings in Northern Ireland, and if you are a resident in Scotland, you may also bring proceedings in Scotland. You may wish to attempt to resolve any dispute without resorting to legal proceedings, and in such instance alternative dispute resolution may be used.
17. OTHER IMPORTANT TERMS
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
This contract is between you and us. No other person shall have any rights to enforce any of its terms.
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.
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.
MODEL CANCELLATION FORM
To [INSERT] :
I hereby give notice that I cancel my contract of sale of the following goods:
Name of consumer:
Address of consumer:
Signature of consumer: