Last Modified1. TERMS OF SALE
1.1 These terms of sale (“Terms”) were last updated on 13th June 2019.
1.2 Our Terms set out the terms and conditions on which we, Clippings Limited (“we”, “our”, “us”) supply any goods or services (“Product” or “Products”) to you through our website www.clippings.com ("website") and through any other means.
1.3 Your purchase of any Product, on our website or through any other means, is subject to these Terms and by placing an order for any Product you agree to be bound by them.
1.4 Our Terms tell you who we are, how we will provide Products to you, what to do if you have questions or there is a problem and other important information.
1.5 These Terms, once an order is placed by you and confirmed by us, form our “Agreement” with you.
1.6 Use of your personal information submitted to or via the website or through any other means is governed by our Privacy and Cookies Policy.
2. INFORMATION ABOUT US
2.1 We are registered in the U.K. under company number 08356423. Our registered office is at Unit 407 Curtain House, 134-146 Curtain Road, London, EC2A 3AR, United Kingdom. Our VAT number is 155600526.
2.2 Clippings is an online source for furniture, lighting and other interiors Products. We are used by interior professionals to procure Products for their projects, and by customers buying Products for their homes.
3.1 Customers may be professional users who purchase Products in connection with their trade, business, craft or profession ("Professional Use Customers") or individuals who purchase Products for their personal use ("Personal Use Customers").
3.2 Personal Use Customers have additional and/or different terms that may apply to their purchase, as set out in section 17 of these Terms. To the extent that there any conflicts or inconsistencies between section 17 and any other section in these Terms, if you are a Personal Use Customer section 17 will take precedence.
4. REGISTERING WITH US AND YOUR ACCOUNT
4.1 If you are a Professional Use Customer, to order a Product via our Website, you must first register to set up an account with us by completing the account registration form available on our website. You only need to register once. Personal Use Customers may opt to purchase Products on our Website as a "guest" without the need to register an account.
4.2 To register, you must provide us with accurate, complete and up-to-date contact information, including name, postal address, telephone number and email address. You are responsible for the information you provide to us.
4.3 Registration is subject to approval by us in all cases, and we reserve the right, in our sole and absolute discretion, to decline any application for registration, without giving a reason. If we approve your registration, you will receive a notification from us.
4.4 We reserve the right, in our discretion, to carry out checks (including checks with credit reference agencies) for the purposes of confirming your identity and to establish your creditworthiness. By agreeing to these Terms, you agree to our doing so.
4.5 If you are registering as a Professional Use Customer on behalf of your or another's business you must have the necessary authority, power and right to do so. By registering, you represent and warrant to us that you are duly authorised to create an account on behalf of that legal entity or organisation. You must not attempt to purchase any Products without being authorised to legally bind that entity and in doing so you are warranting that you have the necessary authority, power and right fully to bind the legal entity or organisation on whose behalf you are placing any such orders.
4.6 We ask that you keep the contact details in your account up-to-date so that we can contact you if necessary about your order or the delivery of your Products.
4.7 We may contact you by telephone, or by writing to you by email or post, using the contact details you have given us within the order process.
4.8 Upon registration for an account with us, you will be asked to create a username and password. You must keep your username and password confidential at all times and use it only to access and use your account and not for any other purpose. You are the only authorised user of your account and, accordingly, you must not disclose your username and/or password to anyone else. You should contact us immediately upon discovering any unauthorised use of your account or error in the operation of your username and/or password (see the Contact us section in these Terms). Any breach of these terms and/or any use of your account by anyone to whom you disclose your username and/or password will be treated as if the breach or use had been carried out by you, and will not relieve you of your obligations to us.
4.9 If you are a Professional Use Customer, upon registering an account with us you will typically be allocated a dedicated account manager and you will be provided with access to our project management tool.
5. ORDERING PRODUCTS FROM US
5.1 You can place orders for Products with us by following the process outlined on our website, or by contacting and placing orders directly with a member of our Team.
5.2 You acknowledge that by placing an order with us, you will be under an obligation to pay for the Products in that order if we accept your order. Our order process allows you to check and amend any errors before submitting your order to us.
5.3 All orders are subject to acceptance by us and we may, at our discretion, decline to accept any order for any reason. If we accept your order, we will send you a confirmation email ("Confirmation Email"). The Agreement between you and us will only be made when we send you this Confirmation Email.
5.4 If you change your mind after placing an order, it may not be possible to cancel the order. Products that are in bespoke materials and finishes as specified by you (“Made to Order”) are not possible to cancel, are non-refundable and cannot be changed. Products ordered from us that are price on application, which includes anything listed on the website, or in a quotation given to you by a member of our time for customers purchasing through other means, without a price are not possible to cancel and are non-refundable. For Products that are not Made to Order or price on application, please contact email@example.com to confirm if order cancellation and refund is possible. If are a Personal Use Customer, for more information on your cancellation rights, please refer to section 17 below.
5.5 Before ordering from us, it is your responsibility to check and determine your ability to receive the Products ordered. This includes ensuring that you have adequate delivery vehicle access, the Products will pass freely to your property and into your room of choice, they fit in that room, can be transported through doorways and stairways, or lifts if these are to be used, and there are no other issues that could make delivery impossible, for example working hours or parking restrictions. If you have specific site or delivery restrictions please contact us at firstname.lastname@example.org to discuss how may further support you.
5.6 Before ordering from us, it is your responsibility to discuss and confirm in writing any specific certification requirements you have with a member of our Team. We cannot be held liable for certification not specified and confirmed before placing the order.
6.1 All orders for Products are subject to the availability of those Products and the materials for making the Products. We will inform you as soon as possible after receiving your order if for any reason the Products you have ordered are not available or are subject to any delay.
6.2 If we are unable to supply you with a Product, for example because the manufacturer is out of stock, we will inform you of this by email and we will not process your order. If you have already paid for the Product we will refund you the full amount within 14 days of informing you of the out of stock.
7. IMAGES AND SIZING OF PRODUCTS
7.1 Although we have made every effort to display Products accurately on our website or in a quotation given to you by a member of our time for customers purchasing through other means, we cannot guarantee that the screen you are viewing our products on will display the colours accurately. The colour of Products that are delivered to you may therefore vary slightly from the images displayed on your computer.
7.2 Made to Order and bespoke Products are not manufactured until we have accepted your order and therefore any images displayed on our Website or in a quotation given to you by a member of our time for customers purchasing through other means, in relation to those Products are purely illustrative. We do not guarantee that the Product you receive will conform to any images you may have seen on our Website.
7.3 Although we have made every effort to be as accurate as possible with Product information displayed on our website or in a quotation given to you by a member of our time for customers purchasing through other means, measurements indicated including weights and dimensions should be used as a guide only. If you have any questions about any of the Products please contact a member of the Team to discuss.
8. PRICES OF PRODUCTS
8.1 The price of any Product will be as quoted on our website or in a quotation given to you by a member of our time for customers purchasing through other means and on our checkout page.
8.2 The price of any Product may change from time to time, but changes will not affect any order we have accepted and sent you a confirmation email.
8.3 Pricing for Personal Use Customers is inclusive of VAT and pricing for products for Professional Use Customers are shown exclusive of VAT.
8.4 Some upholstered Products can be specified to include Customer Own Material product (“COM”). When ordering a COM product, COM fabrics are charged separately and these extra charges will be communicated to you during the ordering process or in the quotation given to you by a member of our time for customers purchasing through other means.
8.5 Product pricing excludes any applicable delivery and installation costs, which will be added to the price of the Products and set out as part of the total amount due during the order process and at checkout. To see the relevant delivery charges, see section 11 below.
8.6 Due to the large number of Products on our website, it is always possible that some of the Products listed on our website or in a quotation given to you by a member of our time for customers purchasing through other means may be incorrectly priced, despite our reasonable efforts. We will, at our discretion, endeavour to verify prices as part of our order-handling procedure 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 the Product’s correct price is higher than the price stated on our site, once we become aware of this, we will, at our discretion, endeavour to either contact you for instructions before dispatching the Product, or reject your order and notify you of the rejection. Professional Use Customers please note that we are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an email confirmation.
9.1 We accept payment with the payment methods listed on our website. You must pay for the Products and any applicable delivery charges in advance of delivery of the Products. For Professional Use Customers only, any different payment terms are as discussed and specifically agreed with our Team.
9.2 By submitting an order to us through our website or through any other means, you are confirming that the payment details provided on your order are valid and correct.
9.3 You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorise payment for any reason. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.
9.4 For Professional Use Customers, any VAT, sales or other taxes will be removed within the order process on our website or within the order process if you are purchasing through other means if you are arranging a delivery to a non-VAT paying country, where such VAT, sales or other tax is not payable Specifically, for orders dispatched to the European Union, if you are VAT-registered in your European Union country, VAT is removed within the order process, for you to make the VAT declaration in your own VAT return.
9.5 From time to time we may run promotions where we issue discount codes. These can be used in part-payment for Products ordered on our website or through other means, subject to the terms under which they were issued (as indicated in our relevant promotion from which you got the code). Discount codes can only be used once, and only during the period of validity stated and only in respect of the relevant Products stated. Discount codes cannot be redeemed for cash.
9.6 Charges for any optional extras, for example non-standard delivery requirements, will also be charged to your account, after quotation and agreement with you.
9.7 You are responsible for all charges to your account. If you have questions regarding charges to your account, you should contact us (see Contact us).
10. LEAD TIMES
10.1 The expected timing between your order and delivery of the Products to you (“Lead Time”) is displayed on our website and is communicated to you within the order process, either on the Product page on the website, or in a quotation given to you by our Team. Product Lead Times can change, for example if a manufacturer takes longer than expected to manufacture a Product.
10.2 Where a Lead Time stated within the order process changes, we will endeavour to communicate these to you.
10.3 At our discretion, where a Product or Products within your order are delayed, we may split delivery of the order, to expedite delivery to you of those Products not delayed.
10.4 Where we have your Products ready for delivery, but you request that we delay delivery, we will not charge you for the first two weeks after the delivery date confirmed with you within the order process. After two weeks, we reserve the right to charge you a reasonable sum for the cost of storing the Products (including the cost of insuring the Products).
11.1 We can deliver to business or personal addresses worldwide. We cannot deliver to PO Boxes.
11.2 From the date on which you place your order, items that are in the manufacturer’s stock can typically take 1 week to deliver. Made to Order items can typically take 8 to 12 weeks or longer to deliver. These timings are shown here as a guide: please refer to the actual expected delivery dates for your Products which will be displayed on our website Product pages, at the website checkout and on our quotations for customers purchasing Products through other means.
11.3 The cost of delivery will typically be provided on the checkout page or as part of a quotation provided to you by a member of our Team. Where this is not possible, delivery costs will be calculated and emailed to you separately prior to you purchasing the Product.
11.4 We offer a standard delivery service in accordance with the product, this largely determined by the Product weight and dimensions:
(a) Products weighing up to 30kg will typically be delivered to you using our parcel delivery service. Delivery to your front door or reception is included within the Standard Delivery service.
(b) Larger or heavier Products that can be unloaded and manoeuvred safely by one person will typically be delivered by our one man delivery service. Delivery to a ground floor room of your choice is included within the Standard Delivery service.
(c) Larger or heavier Products that require two or more persons to unload and manoeuvre safely will be delivered by our two man and team delivery services. Delivery to a room of your choice up to the third floor is included within the Standard Delivery service.
11.5 Delivery of Products to you is carried out on our behalf by our approved Delivery Partners.
11.6 We or our Delivery Partners will contact you in advance of delivery to confirm the delivery date and to confirm with you any specific delivery instructions. Your delivery date will be confirmed with you by email.
11.7 If for any reason, we or our Delivery Partner are unable to deliver on the expected date, we will contact you to arrange a new delivery date.
11.8 You will be required to sign for your Products at delivery. If you give us permission to deliver to another named individual, they can sign on your behalf for your Products.
11.9 If no one is available at your address to take delivery, we will leave you a note with information about how to rearrange delivery.
11.10 can review the status of your order at any time by logging into the order tracking section on our website. If you have trouble finding out the status of your order or tracking its progress, you can contact your Clippings Customer Success Manager, or contact us at email@example.com.
11.11 For any deliveries outside of the United Kingdom (“International Deliveries”), delivery costs will be accurate at the time you place your order with us.
11.12 For International Deliveries, delivery costs include country of destination sales taxes, duties, transport charges, surcharges, insurance costs, customs clearance costs and any other related charges and we may not always be able to communicate these costs fully to you prior to purchase.
12.1 Where you require specialist installation services, we can manage these for you.
12.2 All installation services are chargeable and these charges will be communicated and confirmed with you within the order process.
12.3 Installation of Products is carried out on our behalf by our approved Installation Partners.
12.4 We may recommend or require that we do a site survey prior to installation or larger item deliveries, to help prepare for the installation. If this is the case, we will contact you in advance to arrange this.
12.5 Within the installation, as required we will:
(a) Protect flooring and access routes with protective covering;
(b) Unpack Products;
(c) Assemble products where this is required;
(d) Move Products into the position you want them;
(e) Remove all packaging and take this away with us for recycling, unless you advise us that you would like to retain the packaging, and understanding that any returns must be returned to us in the original packaging; and
(f) Conduct quality checks (“Snagging”) of Products delivered and installed, reporting to you and making arrangements to resolve any issues such as damage, missing parts or wrong items.
(b) any electrical fitting; or
(c) any Products that are wall or ceiling mounted.
12.8 We reserve the right to refuse to provide specialist installation services for any reason.
13. CUSTOMER SATISFACTION FEEDBACK
(a) Asking you for feedback within update communications sent to you; and
(b) Asking you for immediate feedback at delivery and installation; and
(c) Asking you by email or by phone after delivery and installation for your summary views of the experience and if you would recommend Clippings to others (“Net Promoter Score”).
14.1 Ownership of the Products will pass to you when we receive full payment of all sums due in respect of the Products, including delivery and installation charges where applicable.
14.2 The Products will be your responsibility and all risk in relation to them will pass to you from the time that we deliver the Products to you.
15. CANCELLATION, RETURNS, EXCHANGE AND REFUND POLICY
15.1 For Professional Use Customers, we cannot accept any returns, refunds or exchanges unless the Product is damaged or faulty (see below at section 15.2). We do however reserve the right at our discretion to accept change of mind cancellations on a case by case basis.
15.2 If you are a Professional Use Customer and your Product is damaged or faulty, please contact us at firstname.lastname@example.org or by telephone on +44 20 3808 9449. For Professional Use Customers, we deal with damaged or faulty items on a case-by-case basis and cannot guarantee that we will be able to repair, replace or refund the Product.
16. OUR LIABILITY TO YOU
16.1 Nothing in these terms shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
(d) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
(a) we shall not be liable to you, whether in Agreement, tort (including negligence), breach of statutory duty, or otherwise, for any indirect or consequential losses, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses arising under or in connection with any Agreement between us; and
(b) our total liability to you for all other losses arising under or in connection with any Agreement between us, whether in Agreement, tort (including negligence), breach of statutory duty, or otherwise, shall not in respect of any 12-month period (calculated from the date of that Agreement), exceed the charges payable by you for the relevant Products in that 12-month period and is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
17. TERMS FOR PERSONAL USE CUSTOMERS
17.1 To the extent that you are a Personal Use Customer residing within the European Economic Area, the following section 17 shall apply in addition to, or to the extent there is a conflict, take precedence over the main Terms of Service. Nothing in this section 17 shall affect any applicable mandatory local laws.
17.2 CANCELLATION, RETURNS, EXCHANGE AND REFUND POLICY
17.2.1 We hope you will be pleased with all Products you have bought from us, but if you are unhappy with your Products, you can return them to us either in accordance with the terms set out below or as otherwise in accordance with your legal rights.
17.2.2 For Personal Use customers, you have a legal right to change your mind and cancel the Agreement between you and us at any time prior to dispatch of the Products or within 14 days of the day after delivery of your Products without giving a reason. Please note that this does not apply to any Products that are Made to Order.
17.2.3 Where you order multiple Products in one order, or where a Product is delivered in separate parts or lots, the cancellation period will expire 14 days from the day after the day on which each Product is delivered, part or lot that makes up your order.
17.2.4 For deliveries outside the European Union, we are unable to offer cancellations once Products have been dispatched.
17.2.5 It is your responsibility to return the Product(s) to us within 14 days of your notification to us that you wish to return the Product(s). The cost of return is set out below in section 17.4.
17.2.6 We will make the reimbursement without undue delay, and not later than:
(a) 14 days after the day we receive back from you any Products returned, or
(b) (if earlier) 14 days after the day you provide evidence that you have returned the Products, or
(c) if there were no Products supplied, 14 days after the day on which we are informed about your decision to cancel this order.
17.2.8 We may withhold reimbursement until we have received the Products back.
17.2.9 You are permitted to handle the goods to establish their nature, characteristics and functioning. Acceptable handling means the kind of handling that might reasonably be allowed in a shop. You will be responsible for the amount by which the value of the goods is diminished as a result of the consumer handling the goods beyond what is necessary to establish their nature, characteristics and functioning. We will reduce the total amount you will be reimbursed to reflect any use of the Products.
17.3 FAULTY OR DEFECTIVE PRODUCTS
17.3.1 If any Product you order is defective (in other words, it does not comply with the requirements of the Agreement), you may have one or more legal remedies available to you, depending on when you make us aware of the problem, in accordance with your legal rights. If you believe a Product is defective, you should inform us as soon as possible, preferably in writing, giving your name, address and order reference by email to email@example.com.
17.3.2 If you notify us within 30 days of the delivery date of your Product that you wish to return a Product that is faulty or mis-described, we will refund:
(a) the price of the Product in full;
(b) any applicable delivery charges; and
(c) any reasonable costs you incur in returning the item to us (other than any costs incurred by you in returning the Products to us in person).
17.3.4 After 30 days and within 6 months of the delivery date of your Product, if you notify us of faulty products, we will arrange a repair or replacement. If attempt at repair or replacement fails, you have the right to reject the Product for a full refund, or price reduction if you wish to keep the Product.
17.3.5 After 6 months and within 6 years of the delivery date of your Product, if you notify us of faulty products, the burden is on you to prove that the Product was faulty at the time you took ownership of it. This may require you to provide an export report or opinion, or evidence of similar problems across the Product range.
17.3.6 We will reimburse any refunds to you through the payment method used by you to pay for the Products.
17.3.7 Nothing in this section affects your legal rights.
17.4 RETURNING A PRODUCT TO US
17.4.1 If you exercise your right to cancel under section 17.2 above after delivery, then the Products must be returned to us. In this case, this may be done by either:
(a) For small items, you will need to arrange for the Products to be returned to us at our warehouse. Our services team will advise you of the warehouse address once you notify us of your decision to cancel, as per section 17.2 above. You will be responsible for the cost of returning the Products to us.
(b) For mid-sized and large items, you may decide that we should collect the Products from you. We can arrange this service but you will be responsible for the cost of collection and return of the Products to us. We are able to recommend our preferred collection company if collection is required, please contact us in accordance with clause 17.4.3 below.
17.4.3 To arrange a return or collection of the Products, please submit a request at clippings.com/returns.
17.4.4 You must take care when opening packaging that the Products were delivered in and carefully re-pack the Products in the original (or similar) packaging prior to returning the Products to us.
18. OUR LIABILITY TO YOU
18.1 Nothing in these terms shall limit or exclude our liability to you:
(a) for death or personal injury caused by our negligence;
(b) for fraudulent misrepresentation;
(c) for breach of any term implied by the Consumer Rights Act 2015 and which, by law, may not be limited or excluded; or
(d) for any other liability that, by law, may not be limited or excluded.
18.3 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any Agreement that is caused by events outside our reasonable control.
19. GOVERNING LAW
19.1 You will always have the option of resolving the dispute using court action:
(a) If you are a Personal Use Customer in the UK and EU, these terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in an EU member state you are entitled to any mandatory consumer protection in that EU member state and you can bring legal proceedings in respect of the products in either that EU member state or the courts of England and Wales;
((b) If you are a Personal Use Customer outside the UK and EU, these terms are governed by English law and you must bring legal proceedings in respect of the products in the courts of England and Wales.
20.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under an Agreement that is caused by events outside our reasonable control including acts of god, fire, flood, severe weather, explosions, war (whether declared or not), acts of terrorism or acts of local or central Government or of any other competent authorities provided that:
(a) We will take reasonable steps to prevent or minimise the failure or delay;
(b) In the event of failure to perform, we will refund you all amounts paid under the affected Agreement; and
(c) In the event of substantial delay, you may cancel your order by notifying us and we will refund you all amounts paid under the affected Agreement.
21.1 If you have a dispute with us relating to our Agreement with you, in the first instance please contact us at firstname.lastname@example.org and attempt to resolve the dispute with us informally. You can also write to us at: Complaints Department, 407 Curtain House, 134-146 Curtain Road, London, EC2A 3AR, United Kingdom.
21.2 For Personal Use Customers, in the unlikely event that we are not able to resolve the dispute informally, please note that the EU operates an online dispute resolution platform for EU consumers to submit disputes arising from online purchases, which can be accessed at: https://ec.europa.eu/consumers/odr/
22. GOVERNING LAW AND JURISDICTION
22.1 Any dispute or claim arising out of or in connection with an Agreement between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and the courts of England shall have exclusive jurisdiction to settle any such dispute or claim.
23. OTHER IMPORTANT TERMS
23.1 We may transfer this Agreement to someone else. 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 Agreement.
23.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
23.3 Nobody else has any rights under this Agreement. This Agreement is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person to end the Agreement or make any changes to these terms.
23.4 If a court finds part of this Agreement illegal, the rest will continue in force. 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.
24. CONTACT US
24.1 You can contact us via:
(a) the Contact Us form on our website;
(b) by post at Unit 407 Curtain House, 134-146 Curtain Road, London, EC2A 3AR, United Kingdom;
(c) by email at email@example.com; or
(d) by phone on +44 20 3808 9449.
25.1 We may modify or update these Terms from time to time for reasons including:
(a) Changes in how our business operates; or
(b) Changes in the legal or regulatory requirements that we must comply with.