Terms of Service

 These Terms and Conditions (Terms) set out the basis on which you may browse and use our website and purchase our Products available at cleverlytextiles.com (Site).

This Site is owned and operated by Cleverly Group Limited, a company registered in England and Wales under registration number 10009054. Our registered address is Fleming Court, Leigh Road, Eastleigh, Hampshire SO50 9PD, United Kingdom. Our VAT number is GB74396786

If you have any comments about Cleverly, you can email us at customercare@cleverlytextiles.com.

Your use of the Site will be governed by these Terms and any other documents contained in these Terms, which will form a legal contract between us and you. Please read these Terms carefully before you use our Site or purchase Products.

By browsing or using this Site you are agreeing to be legally bound by these Terms and any Policies published on our Site.

SECTION 1 – ACCESS AND USE OF THIS SITE

1. You warrant that you are 18 years old and we reserve the right to only accept orders from persons over the age of 18 years old.
2. The Site is currently made available to you for your personal, non-commercial use, free of charge, although we reserve the right to charge for access to the Site in the future. We will give you reasonable notice before implementing any charges.
3. Access to the Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Site without notice to you.
4. You must not misuse the Site by knowingly introducing viruses, rojans, worms, logic bombs or any other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
5. You are responsible for making all arrangements necessary for you to have access to the Site.

SECTION 2 - CHANGES TO THESE TERMS

1. We may revise the Terms from time to time in the event that changes in relevant laws and regulatory requirements or there are changes to our business practices.

If you are an existing customer we will email you and we give at least one months’ written notice of any changes to these Terms before they take effect. You can choose to cancel the contract in accordance with Clause 8 of these Terms..

Your use of the Site will be subject to the most recent version of the Terms available on the Site. We recommend that you read through the Terms available on the Site regularly so that you can be sure that you are aware of any changes that may apply to you.

If you do not agree to any change to the current version of these Terms (as published on our website) then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.

SECTION 3 - REGISTERING AN ACCOUNT

1. You may open an account (the Account) with us to access and purchase our Products on the Site, although this is optional. If you choose to do so you will be required to provide personal information about yourself (including name, email address, password, billing and delivery addresses, and your payment details).
2. An account with us has many advantages and we intend to add more functions in the future to improve your shopping experience with us. With an account, you can:
   • Track your orders and review past purchases
   • Build a customised Wish List that you can email to friends and family, or save for future purchases
   • Save your address and card details so you can shop even quicker for future purchases.
3. To create an account, simply click on MY ACCOUNT (or during checkout) and register for a new account to fill in your details. The account password you create should be unique and kept secure.
4. You agree that you will provide accurate, current and complete information about yourself, and maintain and promptly update your personal information contained in your Account profile. For more information on about how we will use your personal information please see our Privacy Policy
5. You agree to not share your Account password or username, and to keep your password and username confidential. If you think that someone other than you has accessed your Account without your permission, you must let us know immediately at customercare@cleverlylaundry.com.
6. Should you have any issues with your account or need any help in relation to it, then please do not hesitate to contact us at customercare@cleverlylaundry.com. For security reasons, we will only communicate with the named account holder in relation to any questions, changes or cancellation of an account from the nominated email address provided during registration.

SECTION 4 - ORDERS

1. All Products are subject to availability and items in your shopping basket are not reserved and may be purchased by other customers.
2. The images of the Products on the Site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Product(s) may vary slightly from those images.
3. You can make a request or order to purchase Products from us directly via your Account, or as a guest on the Site, by providing us with all of the necessary information that we need to confirm your order (your Order).
4. PLEASE ENSURE THAT YOU READ THESE TERMS CAREFULLY, and check that the details in your Order are complete and accurate, before you submit the Order. If you think that there is a mistake or require any changes, please contact us to discuss. We will confirm any changes in writing to avoid any confusion between you and us.
5. Delivery charges are in addition to the cost of our order and will be added to the cost of your Order (if any), which will be clearly displayed to you during checkout.
6. Your Order won’t be placed until you click the “Purchase Now” button to authorise the payment and place your Order.
7. By placing an Order, you authorise us to immediately charge your nominated payment details for the full purchase price and we are entitled to rely on placing an Order as an instruction to us to take your payment.
8. When you submit any Order to us, we will send you an email to acknowledge that we have received your Order and are reviewing it, but this does not mean we have accepted your Order for the Product(s) yet . All Orders are subject to availability and confirmation of the Order price. Payment will be taken once the Order has been accepted and you will receive an email confirming that your Order has been accepted.
9. Your Order won’t be approved and a contract of sale won’t be formed between us until we have reviewed your Order, processed your payment and provided you with confirmation of your Order and delivery information by email.
10. We reserve the right to reject any Orders at our sole discretion.
11. We will use our reasonable endeavours to ensure that all prices and details of the Products listed on the Site are correct, however errors may occur. We will notify you as soon as possible in the event that there has been an error, and you will be given an option of confirming the Order with the correct price, or cancelling the Order and receiving a full refund. If we are not able to contact you after reasonable attempts have been made, we will treat the incorrect Order as cancelled, and you will receive a full refund.
12. You may make a change to the Order for Products at any time before we dispatch the Products by contacting us. Where this means a change in the total price of the Products, we will notify you of the amended price in writing. You can choose to cancel the Order in these circumstances.
13. We will store a record of your Orders with us for a period of no more than two years.
14. You own the Products once we have received payment in full.

SECTION 5 - PRICING

• Prices shown on the Site are in USD (United States Dollars) and are inclusive of VAT or Sales Taxes as required to be collected by law in the state or country of purchase.
• If our Site displays another currency other than USD, this is for indicative purposes only, and your nominated payment details will be charged in USD.
• If you are a customer whose nominated payment details are not denominated in USD, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
• All prices and offers remain valid as advertised from time to time. The price of a product displayed on the Site at the time the order is accepted and will be honoured as displayed.
• Prices on our Site are subject to change due to currency exchange rate changes, markdowns and other commercial factors. The price showing on your order will be the price current at the time your order is accepted.

SECTION 6 - PAYMENTS

Payment can be made by Credit or Debit card. We accept different credit card payments and they are displayed on our website from time to time. You may only pay using the methods of payment displayed on the payment page, no other methods of payment will be accepted. Checks / cheques, cash, money order or direct telegraphic transfer are not accepted as methods of payment.

We may offer payment options (like Paypal, Apple Pay or Google Pay) on compatible platforms; these are offered in accordance with the Terms and Conditions of the respective provider, and you agree to those terms. These services may redirect you to their own platforms to facilitate payment, then return you to our Site.

Paypal Terms| Google Pay Terms|Apple Pay Terms

• Payment will be debited and cleared from your account at the time of order confirmation.
• You confirm that the credit/debit card that is being used is yours or that you have been authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery.
• We take all reasonable care to make our Site secure as possible. All payment transactions on this site are processed using Stripe, a secure online payment gateway that encrypts your card details in a secure host environment. If you are a registered Account user, we will securely store your credit/debit card details on our systems. These details will be fully encrypted and only used to process card transactions initiated by you.
• To provide you with a safe and secure shopping experience, we uses Secure Socket Layer (SSL) technology on our Site. We take all reasonable care within our power to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from our Site.

SECTION 7 - DELIVERY

• A delivery fee may be charged to your Order. By completing the order process, you are agreeing to the fee as displayed during checkout.
• We may, at our absolute discretion, offer free delivery on your Order for any reason and at any time. Any offer of free delivery does not constitute an ongoing obligation by us to offer you this feature in the future.
• Delivery is handled by third-party providers who will deliver your Order from our fulfilment centre to the nominated delivery address specified on your order. We will select the most suitable provider to deliver your order, or provide you with suitable options on our Site.
• We will deliver your Products to the delivery address you gave us when you completed your Order. We will make reasonable efforts to avoid any delay in the dispatch of your Product, however we will not be liable for any delays resulting from postal delays or any events outside of our reasonable control.
• If no one is available at your address to take delivery, we will leave you a note that the Products have been returned to our premises or at our carrier’s nearest location, in which case, please follow the instructions in the delivery note or contact us to rearrange delivery.
• If we are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, we will deliver the Order in instalments. We will not charge you extra delivery costs for this.
• If, after attempts to deliver or arrange redelivery of your Products to you, we are unable to do so (including for example if you don’t provide us with all the information we need to deliver the Products), we may have to return your Products to our storage facilities and cancel our Contract. If this happens, we will let you know and refund you for the Products we have not provided [but we may deduct from your refund the delivery costs that incurred trying to deliver your Products to you.
• Delivery of an Order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.

SECTION 8 - CANCELLATIONS AND REFUNDS

As a consumer, you have legal rights in relation to Products. Nothing in these Terms affects your statutory rights given to you in accordance with your local law.

If you change your mind:

You will be entitled to a full refund (less delivery charges) if you change your mind about your Order within 14 days of receiving your Product. Please note that we will not be able to provide you with a refund for Products that have been used, personalised or had the tags/labels removed. Wherever possible, we politely ask that you return the Product with any tags/labels, in its original packaging (or suitable alternative packaging if this is not possible) and with a copy of the applicable invoice.

Before the Products are delivered:

Before the Products are delivered, you have the following rights to cancel an Order for Products including where you choose to cancel because we are affected by an event outside of our reasonable control or we change the Terms under Clause 2 to your material disadvantage:

• You may cancel any Order for Products at any time before we dispatch the Products or by contacting us. We will confirm your cancellation in writing.
• If you cancel an Order under Clause 8(3)(1) above and you have made any payment in advance for Product(s) that have not been delivered to you, we will refund these amounts to you and any delivery charges.
• Unfortunately, if you cancel an Order for Product(s) under Clause 8(3)(1) above and we have already despatched your Products to you, we will not be able to cancel your Order until it is delivered. In this case, if you return the Products to us, you will have to pay the cost of returning the Products back to us. This will not affect your refund for the Products and any standard delivery charges.

Refunds:

Once we have received the returned Product, we will reimburse you the cost of your Order within 14 days, or if earlier, within 14 days from the day you provide evidence that you have returned the Product to us. Unfortunately we are unable to refund any government duties or taxes.

Failure to deliver:

If we miss the delivery deadline (as set out in your Order confirmation) for any Products then you may cancel your Order straight away if we have refused to deliver the Products or delivery within the delivery deadline was essential (taking into account all the relevant circumstances). If you do not wish to cancel your Order straight away, or do not have the right to do so under this Clause, you can give us a new deadline for delivery, which must be reasonable, and you can cancel if your Order if we do not meet the new deadline. If you do choose to cancel your Order for late delivery, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value.

Defective, damaged or incorrect Products:

in the unlikely event that the Product you ordered is defective, damaged, or incorrect please contact us at customercare@cleverlylaundry.

Process:

To cancel your Order you may email us at customercare@cleverlylaundry.com with information, using the contact details as listed in Clause 1.4. Once you have informed us that you wish to cancel your Order, you must return the Product within 14 days of notifying us.

Delivery costs:

Please note that you will be responsible for the costs of returning the Products to us, unless the Product is defective, damaged, or incorrect. We may, at our discretion, arrange for the Product(s) to be collected by a courier service at a time convenient to us, at no cost to you.

• [Wherever possible, we politely ask that you return the Product with any tags/labels, in its original packaging (or suitable alternative packaging if this is not possible) and with a copy of the applicable invoice].
• We may have to cancel an Order before the Products are delivered, due to an event outside our reasonable control or the unavailability of stock. If this happens we will promptly contact you to let you know and if you have made any payment in advance for Products that have not been delivered to you, we will refund these amounts to you.
• We will only make refunds to the same method of payment which you used to make your purchase.

SECTION 9 - INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in the Site. You may download extracts, of any page(s) from the Site, provided that:

• the material shall not be reproduced or included in any other work or publication in any medium;
• the material may not be modified or altered in any way;
• you may only use the material for personal, non-commercial purposes;
• the material may not be distributed or sold to any third party; and you do not remove any copyright or other proprietary notices contained in the material.
• If you copy or use any part of the Site made available through it in breach of the Terms, your right to use the Site will cease immediately and you must destroy any copies of the materials you have made.

SECTION 10 - DATA PROTECTION AND PRIVACY

Any personal information that we collect from you as you browse and use the Site will be used in accordance with our Privacy Policy. To find out more about the data we collect from you and how we use it please read our Privacy Policy available at https://cleverlytextiles.com/pages/privacy-policy.

By accepting the Terms you also consent to our use of your personal data in accordance with our Privacy Policy.

SECTION 11 - COMPLAINTS OR QUERIES

If you have any queries or complaints about the Site or the Products, please contact at customercare@cleverlylaundry.com. We will use reasonable efforts to respond to you promptly.

Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you can submit your complaint on the European Commission’s Online Dispute Resolution platform or the Retail Ombudsman in the United Kingdom.

SECTION 12 - LINKS TO AND FROM THE SITE

• You may link to any page of our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists, nor establish a link to the Site in any website that is not owned by you, nor frame our Site on another.
• We reserve the right to withdraw linking permission at any time without notice.
• Where our Site contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the content of those websites or resources and we are not responsible or liable for them in anyway. Links to third party sites do not necessarily imply that we are or that our site is affiliated or associated with such third party sites. If you do decide to visit any other site, you do so at your own risk.

SECTION 13 - AVAILABILITY

• We do not guarantee that the Site will always be available, be uninterrupted, secure or free from bugs or viruses, nor that the Site will be free from errors or omissions.
• We shall not be liable for any delay or failure to perform resulting from causes outside of our reasonable control, including, without limitation, any failure to operate the Site, or supply Products to you due to unforeseen circumstances or cause beyond our control such as acts of god, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, epidemic or other natural disaster, shortages of transportation facilities, fuel, energy, labour, materials or a failure of public or private telecommunications networks.
• If an event outside of our reasonable control takes place that affects the performance of our obligations under these Terms we will contact you as soon as reasonably possible to notify you and our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the event outside of our reasonable control.
• You may cancel the contract if an event outside of our reasonable control takes place and you no longer wish us to provide the Products. Please see your cancellation rights under Clause 8(3). We will only cancel the contract if the event outside of our reasonable control continues for longer than four weeks in accordance with our cancellation rights in Clause 8(3).

SECTION 14 - LIMITATION OF LIABILITY

• You acknowledge that the Site has not been developed to meet your individual requirements. You agree not to use the Site for resale purposes.

• We only supply the Products for domestic and private use. You agree not to use the Products for any commercial, business or re-sale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

• If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.

Nothing in these Terms excludes or limits our liability for:

• death or personal injury caused by our negligence
• fraud or fraudulent misrepresentation
• any other liability which cannot be excluded or limited by law

We are not responsible for failure to meet any of our obligations under these Terms where such failure is due to events beyond our reasonable control.

Subject to Clause 14(4), where it is permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Site, Site availability and any content on our Site and will not be liable to you for any loss or damage (whether direct or indirect), including any caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your internet-enabled device, software, data or other proprietary material, even if foreseeable, arising under or in connection with your:

• use of, or inability to use, the Site;
• use of or reliance on any content displayed on our Site; or
• downloading of any content on our Site, or any website linked to our Site.

SECTION 15 - GENERAL CONDITIONS

• The Terms do not create or infer any rights that are enforceable by any person who is not a party to them.
• We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or obligations under these Terms to another person if we agree in writing.
• If we decide not to exercise or enforce any right that we have against you at a particular time, then this does not prevent us from later deciding to exercise or enforce that right.
• Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
• These Terms and any Policy published on our Site set out the full extent of our obligations and liabilities concerning the site and any products or services provided through it and replace any previous agreements and understandings between us and you.
• These Terms and any non-contractual obligations arising out of them will be governed by and construed in accordance to the relevant United Kingdom law and the relevant courts of the United Kingdom will have exclusive jurisdiction.