Terms of service
This website is operated by Clarke Bennett ("Clarke Bennett", "we", "us" or "our"). We offer this website, including all information, tools and services available from this site, to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
When you visit our website and/or purchase something from us, you participate in our "Service" and agree to be bound by the following terms and conditions ("Terms", "Terms of Service"), including any additional terms, conditions and policies referenced herein and/or available via hyperlink. These Terms apply to all users of the website, including browsers, customers, merchants and content providers.
Please read these Terms carefully before using our website. By accessing or using any part of the website, you agree to be bound by these Terms. If you do not agree to all of the terms and conditions of this agreement, you may not access the website or use the Service.
We reserve the right to update, change or replace any part of these Terms by posting updates to this page. It is your responsibility to check this page periodically for changes. Your continued use of the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms, you confirm that you are at least the age of majority in your country, province or state of residence, or that you are the age of majority and have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorised purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms, viruses or any code of a destructive nature. A breach or violation of any of these Terms will result in immediate termination of your access to the Service.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any lawful reason at any time.
You understand that your content (excluding payment card information) may be transferred unencrypted and may involve (a) transmissions over various networks and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Payment card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without our express written permission.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information, which is provided for reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information.
SECTION 4 - PRODUCTS, PRICES AND CONCLUSION OF CONTRACT
Prices for our products are subject to change without notice. We reserve the right to modify or discontinue any product or the Service (or any part or content thereof) at any time without notice. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of a product or the Service.
Conclusion of the contract: The presentation of products in our online shop does not constitute a legally binding offer, but rather a non-binding invitation to order. By clicking the "Buy" (or equivalent) button, you make a binding offer to conclude a purchase contract. We will confirm receipt of your order immediately by automated e-mail. This confirmation of receipt does not yet constitute acceptance of your offer. A purchase contract is concluded when we dispatch the product or expressly confirm dispatch.
Statutory rights: Your statutory rights as a consumer, including statutory warranty and conformity rights under applicable European Union and Dutch law, remain unaffected by these Terms.
SECTION 5 - PRODUCTS OR SERVICES
Certain products may be available exclusively online through the website. These products may be available in limited quantities and are subject to return or exchange only in accordance with our Return & Refund Policy.
We have made every effort to display the colours and images of our products as accurately as possible. We cannot guarantee that your device's display of any colour will be accurate.
Our products are shipped directly to the consumer from our supplier. Estimated delivery time is 10–20 business days after dispatch, depending on destination and customs processing. Delivery times are estimates and not guaranteed.
For deliveries outside the European Union (for example to Canada), any applicable customs duties, import taxes or clearance fees are the responsibility of the consumer and are not included in the product price or shipping cost. We recommend checking your local import rules before ordering.
We reserve the right, but are not obligated, to limit the sale of our products to any person, geographic region or jurisdiction, and to limit the quantities of any products we offer. All product descriptions and prices are subject to change at any time without notice, at our sole discretion. Any offer for any product is void where prohibited.
SECTION 6 - RETURNS, REFUNDS AND RIGHT OF WITHDRAWAL
Right of withdrawal (EU consumers): If you are a consumer, you have the right to withdraw from your purchase within 14 days of receiving the goods, without giving any reason, in accordance with applicable European Union and Dutch consumer law. To exercise this right, contact us at support@clarkebennett.com within the 14-day period with your order details.
Return shipping costs: Where you withdraw from a purchase because you changed your mind, the direct costs of returning the goods are borne by you (the customer). This is disclosed to you here in advance, as required.
Condition of returned goods: Returned items must be unused and in their original condition and packaging where possible. We will refund the amount due within 14 days of receiving the returned goods, or of receiving evidence that you have sent them back, whichever is earlier.
Faulty or incorrect items: If a product arrives damaged, faulty or not as described, your statutory rights apply and we will cover the cost of return and provide a replacement or refund as appropriate. This is separate from, and in addition to, the right of withdrawal above.
For full details, please see our separate Return & Refund Policy.
SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may apply to orders placed under the same customer account, the same payment method, or the same billing or shipping address. If we change or cancel an order, we may notify you using the contact details provided at the time of order.
You agree to provide current, complete and accurate purchase and account information for all purchases, and to promptly update your account information so that we can complete your transactions and contact you as needed.
SECTION 8 - OPTIONAL THIRD-PARTY TOOLS
We may provide access to third-party tools over which we have no control. You acknowledge that we provide access to such tools "as is" and "as available", without warranties or endorsement, and we have no liability arising from your use of optional third-party tools. Any use of such tools is at your own risk and subject to the relevant third party's terms.
SECTION 9 - LINKS TO THIRD-PARTY WEBSITES
Certain content, products and services available via our Service may include materials from third parties. Third-party links may direct you to websites that are not affiliated with us. We are not responsible for examining or evaluating their content or accuracy, and we are not liable for any third-party materials or websites. Please review third-party policies carefully before engaging in any transaction. Complaints regarding third-party products should be directed to the relevant third party.
SECTION 10 - USER COMMENTS, FEEDBACK AND SUBMISSIONS
If you send us creative ideas, suggestions, proposals or other materials ("Comments"), whether online, by email or otherwise, you agree that we may use, edit, copy, publish and distribute such Comments without restriction. We are under no obligation to (1) keep Comments confidential, (2) pay compensation for Comments, or (3) respond to Comments.
We may, but are not obligated to, monitor, edit or remove content we determine to be unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable, or that violates these Terms or any third party's rights. You agree that your Comments will not violate any third-party rights or contain unlawful, defamatory or malicious material. You are solely responsible for your Comments.
SECTION 11 - PERSONAL INFORMATION
The submission of personal information through the store is governed by our Privacy Policy.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally information on our site may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping costs, transit times or availability. We reserve the right to correct such errors and to change or update information, or cancel orders, if any information is inaccurate at any time without prior notice (including after you have submitted your order), unless prohibited by applicable consumer law.
SECTION 13 - PROHIBITED USES
In addition to other prohibitions set out in these Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to encourage or participate in any unlawful act; (c) to violate any international, national, provincial or local law or regulation; (d) to infringe our or others' intellectual property rights; (e) to harass, abuse, defame or discriminate; (f) to submit false or misleading information; (g) to upload or transmit viruses or malicious code; (h) to collect or track the personal information of others; (i) to spam, phish, crawl or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service. We reserve the right to terminate your use of the Service for violating any prohibited use.
SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee that your use of the Service will be uninterrupted, timely, secure or error-free.
To the fullest extent permitted by applicable law, the Service and all products provided through it are made available "as is" and "as available" without any representation, warranty or condition of any kind, except as expressly stated by us and except for any rights you have under mandatory consumer law.
To the fullest extent permitted by applicable law, Clarke Bennett and its directors, employees, suppliers and service providers shall not be liable for any indirect, incidental, punitive, special or consequential damages of any kind arising from your use of the Service or any products. Nothing in these Terms excludes or limits our liability where it would be unlawful to do so, including liability under mandatory consumer protection law.
SECTION 15 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Clarke Bennett and its affiliates, partners, officers, directors, agents, contractors and suppliers from any claim or demand, including reasonable legal fees, arising out of your breach of these Terms, or your violation of any law or the rights of a third party.
SECTION 16 - SEVERABILITY
If any provision of these Terms is held to be unlawful, void or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms without affecting the validity of the remaining provisions.
SECTION 17 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or by ceasing to use our website. If we determine, in our reasonable discretion, that you have failed to comply with these Terms, we may terminate this agreement at any time, and you will remain liable for all amounts due up to and including the date of termination.
SECTION 18 - ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. These Terms, together with any policies posted by us on this site, constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements. Any ambiguity shall not be construed against the drafting party.
SECTION 19 - GOVERNING LAW
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict-of-law principles. Where you are a consumer resident in another country, you continue to benefit from any mandatory consumer protection provisions of the law of your country of residence. Disputes shall be subject to the competent courts of the Netherlands, except where mandatory law grants you the right to bring proceedings in the courts of your place of residence.
SECTION 20 - CHANGES TO THESE TERMS
You can review the most current version of these Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates to our website. Your continued use of the website following the posting of any changes constitutes acceptance of those changes.
SECTION 21 — CONTACT INFORMATION
Questions about these Terms of Service should be sent to:
Email: support@clarkebennett.com