Terms and Conditions

Amended May 2018

Please read the following terms and conditions carefully before placing your order. When you place an order you will be confirming your agreement to be bound by our terms and conditions of sale. If you don't agree, please do not proceed with your order.

Price and Availability

All products advertised for sale on our website and in any another publication are subject to availability. If we fail to supply any products for any reason, we will not charge you for such products. However, we will not be responsible for compensating you for any other losses, which you may suffer if we fail to supply products. All prices stated on the site or in any of our catalogues, price lists or other sales literature may be altered by us from time to time without notice to you.

Payment

Orders are fulfilled on condition that (a) title to the goods remains with Clarke’s of Nottingham until payment in full for them and all other goods supplied by Clarke’s of Nottingham has been received (b) the purchaser agrees to store the goods safely and mark them in such a way that they are readily identifiable as the property of Clarke’s of Nottingham (c) the purchaser agrees to keep the goods supplied separately and hold them as bailee and agent for Clarke’s of Nottingham until payment in full for them has been received (d) should the goods be sold or used in the normal course of business the purchaser agrees that until full payment for them has been made a sum of money equivalent to the Invoiced value of the goods sold or used will be kept separate and identifiable (e) if the price of goods remains unpaid after the due date the seller shall have the right to enter upon any premises where the goods may be found for the purpose of recovering possession of the goods and the cost to the seller of recovering the goods will be payable by the purchaser on demand. All goods must be paid for in full upon completion of the financial transaction using either cash, cheque with relevant days allowing for clearance or credit or debit card, and Clarke’s has the right to demand recovery of goods if any of the above prove to be not upheld over the period of clearing the payment by the relevant financial institution. If a business credit account has been applied for and granted payment terms may be agreed outside the above conditions. However, our normal business payment terms will apply which are Nett Monthly. i.e. if goods are ordered, supplied and invoiced in month 1 payment in full must be received by no later than the end of month 2. If payment is not received within 7 days of the end of month 2 the business credit account will be suspended and no further goods will be supplied until cleared funds have been received in full to clear the debt. Clarke’s reserve the right to employ a third party debt collection service to recover any debt incurred and will charge all costs and interest due to the debtor.

Minimum Order & Delivery Terms & Charges

Clarke’s of Nottingham will deliver the products within the United Kingdom to the address notified to us by you at the time you place your order. Our standard charges for delivery will apply (see below). We will endeavour to ensure that the products are delivered to the address specified by you by any delivery date estimated by us. However, we cannot guarantee that products will be delivered by the estimated delivery date. You agree that we shall not be liable to you for any losses, damages or charges incurred by you because of late delivery of the products. Upon signature for the receipt of the products at the United Kingdom address specified in your delivery instructions, the risk of damage to the goods shall pass to you.

A Small Order Charge of £2.95 + VAT will be applied to all orders with a value of less than £30.00 (thirty pounds sterling) + VAT and which are delivered by our own vehicles within a radius of 5 miles from Clarke’s Trading Address. If goods are to be sent by a third party (i.e. carriers or postal services), an additional Carriage Charge will apply to reflect the actual costs incurred – the actual charge will depend on the weight and size of the products being despatched but the average cost would normally be in the region of £8.00 + VAT. Most orders placed with a value in excess of £30.00 + VAT and delivered within our own van route area will be delivered Free of Charge.

Returning Goods

We want you to be satisfied with the products you buy from Clarke’s. If you are not happy with the goods you have purchased for any reason, please email sales@clarkesnottm.com to notify us of their return within seven days of receipt. Our Customer Services team will take you through our returns procedure. When returning goods to us, they must be returned in the condition in which they left our warehouse i.e. all packaging intact and suitable for resale to another customer. Clarke’s reserve the right to refuse returned goods if they are deemed not to be in a suitable condition.  Upon receipt of the goods we will arrange a credit or exchange. The risk of damage to any goods you return to us will remain with you until the products have been delivered to our premises and accepted by us at those premises. The costs of returning goods ordered but found to be not suitable are significant and as such if our vans are requested to call and collect said goods a handling charge will be levied which will be 5% of the value of the invoiced value for goods returned within 7 Days, increasing to 10% of the invoiced value for goods returned between 8 and 15 days from original delivery. Goods returned beyond 15 days from original receipt will incur a 25% handling charge. All these charges will be reflected in the credits issued against original invoices issued. If, however, within the first 7 days of receipt, goods are returned to Clarke’s at the sole cost of the customer, a full 100% credit will be issued.

Liability

We cannot accept any responsibility and will not be liable for any damage to the products caused by you. Without prejudice to your statutory rights, the information and materials contained in this site and in any of our publications (including without limitation text, graphics and links) are provided on an "as is" basis with no warranty and in particular, we do not represent or warrant that the information accessible via this site or publications is accurate, complete or current or that the use of this site will be uninterrupted or error free. Price and availability information is subject to change without notice. Products purchased from Clarke’s either through our publications or on our website are warranted in accordance with the law, and nothing in these terms and conditions is to be taken to exclude or restrict any rights which applicable law grants to you in respect of such products. Individual products may be the subject of additional warranties or guarantees given by their manufacturers directly to you. Any previously owned (Used) Products such as Office Furniture etc will usually be warranted for a period of One Calendar Month. We accept liability for personal injury or death where and to the extent that they result from our negligence or the negligence of our servants and agents, without limits. We accept liability for damage to property where and to the extent that it arises from our negligence or from the negligence of our servants and agents up to a limit, in relation to any one event or series of events arising from a common cause [(i) where the event is or relates to the purchase of any products, twenty times the price paid for that product; or (ii) in any other case £2,000]. Except as provided above there are no other warranties, conditions or other terms, express or implied, statutory or otherwise, and all such terms are excluded by these terms and conditions to the maximum extent permitted by law. We accept no liability for any indirect or consequential loss, however it may arise and even if we have previously been advised of the possibility of such loss.

Privacy and Data Collection

Any personal information supplied by you to us in connection with an order will be treated in confidence. We reserve the right to disclose your personal data to the police or any other regulatory authority should this be required or in the event of a complaint arising from your breach of these terms and conditions. We reserve the right to transfer your personal data for internal business purposes to locations outside the European Economic Area, some of which do not have data protection laws. We shall exercise extreme care in protecting your personal data, and will use our best endeavours to prevent any unauthorised or unlawful use or any accidental loss or destruction of such data. However, we cannot accept any responsibility and shall not be liable for any unauthorised or unlawful use or any accidental loss or destruction of your personal data arising from circumstances outside our control. You have the right to ask for a copy of your personal data held by us, and have the right to have it corrected if necessary. A small fee may be charged if we provide you with copies.

GENERAL

All notices served under these terms and conditions shall be in writing and shall be sent to the address set out in our despatch note, or to any later address in the United Kingdom notified for that purpose, and all notices sent by first class letter post or by fax transmission or by email shall be deemed to have been served immediately if they were sent by fax or email or on the second working day after posting have served by first class post. Any failure by us to enforce any of these terms and conditions shall not affect our right to enforce the rest of these terms and conditions. These terms and conditions are subject to change at any time without prior notice to you. These terms and conditions shall be governed by and construed in accordance with the laws of England and are subject to the non-exclusive jurisdiction of the English Courts.

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Copyright © Ainsworth Wholesale Part of Citrus Office Group Ltd, 39b Churchill Way, Lomeshaye Industrial Estate, Nelson, Lancashire, BB9 6RT, Company Reg #6653664
Terms and Conditions
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