Terms and Conditions
These terms and conditions describe the basis for the purchase by you and sale by us of the goods described on www.kellyclarkengland.co.uk (the Website) which we own and maintain.
Placing an order
Each order that you place is an offer to buy those goods and we shall accept that offer at our sole discretion, but orders are normally accepted if:
(a) the goods are available;
(b) the order reflects our current pricing;
(c) the goods are for delivery to a destination that we deliver to; and
(d) your credit or account card is authorised for the transaction.
We will confirm receipt of your order through our automatic screen confirmation of the order and we may also follow this up with a confirmatory email. Please note that at this stage your order for goods may not have been accepted by us.
Formation of the contract
We will confirm our acceptance of your order for goods by sending you an email confirming that the goods have been dispatched (“Dispatch Confirmation”).
The contract between us will only be formed when we send you the Dispatch Confirmation (the “Contract”). These terms and conditions, the Dispatch Confirmation and any other information relating to the goods which we have brought to your attention are incorporated into the Contract.
The Contract will only relate to those goods which have been confirmed in the Dispatch Confirmation and we will not be obliged to supply any other goods which you have ordered until we have sent you a separate Dispatch Confirmation in respect of such goods.
The price of the goods and our delivery charges will be as set out on the Website from time to time, except in the case of obvious error.
Sales taxes and duties will be calculated on the site according to the destination of where your order is being delivered to and are detailed on the checkout screen when you place your order and on your order invoice..
If your order is for delivery to a destination outside of the European Union, your order may be subject to import duties and taxes. It is your responsibility to pay any such duties and taxes. Any such duties and taxes may vary in different territories. We are unable to advise you in relation to any import duties and taxes and we recommend you contact the local customs office at the delivery destination in this respect.
We reserve the right to amend our prices and delivery charges at any time, but such changes will not affect any order for which we have already sent you a Dispatch Confirmation.
The Website sells a large number of goods, so it is possible that despite our best efforts, that some goods may be incorrectly priced. We will usually verify the price of any goods as part of our dispatch process and if the price of the goods:
(a) is lower than the price stated on the Website, we will charge this lower amount to you when dispatching the goods to you; or
(b) is higher than the price stated on the Website, we will at our discretion either contact you for instructions prior to dispatching the goods or reject your order and notify you of such rejection by email.
We are under no obligation to provide goods to you at an incorrect lower price, even once we have sent a Dispatch Confirmation to you, if the pricing error is obvious and unmistakeable and could have been recognised by you as an error.
Copyrights, Trademarks and other Intellectual Property Rights
The Site as a whole, and any single element on this Site, is protected by copyright, trademark rights and the other intellectual property rights either owned by Kelly Clark or by the companies controlled by, or affiliated to, Kelly Clark or licensed to Kelly Clark. Such elements include, among others, photographs, designs, testimonials, images, texts, video and audio clips, logos, trademarks and software programs used for the management and development of the Site. The elements contained in the Site are reproduced for information and/or promotional purposes only. The Site is for personal use only. You may download or copy the elements contained in the Site for personal use only, not for commercial or other purposes. As a consequence, you are not entitled to reproduce, copy, publish, transmit, distribute, modify, cancel and, in general, to perform any other activity using the elements contained in the Site (including any software used for the management and/or development of the Site) for any purposes, other than for personal use.
Special care has been taken in assuring that the colour of all products on our website matches the real product colour as accurately as possible. As different computer resolutions may indicate slight variation in sharpness and clarity of the colours, we are unable to guarantee the exact product colour as seen on screen.
Unlike mass production techniques, all of our garments are cut and constructed by hand. Only the highest quality skins, wools and silks are sourced from suppliers in Europe and our factories are based in the UK which allows our team to closely monitor the final finishes of each product. This also applies to the finest leathers that are used in Kelly Clark’s garment’s, markings or shading in surface colour or texture are to be expected.
We recommend you do not attempt to clean your leather jacket yourself, instead turn to a specialist leather and suede expert, even then cleaning a leather product may result in some change in texture and colour. In order to preserve colour and condition, store away from sunlight and do not use household detergents or perfumes on your product.
By taking greater care of your Kelly Clark products, you can ensure their longevity.
We accept payment by credit card and debit card, as set out on the Website. Payment for the goods and related costs will be due at the time we accept your order. We will usually attempt to take payment once the goods are ready to be dispatched.
You confirm to us that you are authorised to use the payment method that you provide to us when placing your order. We may carry out security checking to confirm that this is the case.
If your payment method is not authorised, we may refuse to accept your order and we will not have any responsibility for the non-delivery of the goods.
We are also not responsible for any charges or penalties which may be imposed by the payment provider as result of payment being processed in respect of your order.
All garments are currently made to order and generally, goods will be dispatched within 14 working days from the date you receive our acknowledgement of your order (confirmatory e mail). Please note this lead time is given only for general guidance. In most cases we are able to deliver the goods to you within our estimated delivery times and, where we anticipate that delivery may be delayed, we will contact you to inform you of this delay.
We will fulfil your order by the delivery date and time set out in the Dispatch Confirmation or, if no date or time is specified, within a reasonable period from the date of the Dispatch Confirmation, unless there are exceptional circumstances.
We shall attempt to deliver the goods to the address you specify for delivery, or if none, to the address of the credit or debit card you supply. It is important that these addresses supplied by you to us are accurate.
We are unable to deliver goods to PO boxes or hotels. In most cases a signature will be required from you or the recipient on delivery. Goods supplied are not for resale.
We will be responsible for the goods until they have been delivered to the specified delivery address. The goods will be at your own risk from this time, but you will not own the goods until we receive full payment of all sums due in respect of the goods, including delivery charges.
If you change your mind or for any other reason you decide you do not want to receive the goods, you have a legal right to cancel the Contract at any time from the date you receive the Dispatch Confirmation until the end of the seventh working day after the day you receive the goods from us. A “working day” is a day that is not a Saturday, a Sunday or public holiday in the United Kingdom. This cancellation right does not apply to any goods which are made-to-measure, custom-made or personalised for you. Alternatively, you may prefer to use our free returns service as set out in our returns policy.
If you decide to cancel your Contract, you must contact our Customer Services team in writing by email or by letter. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.
If the goods are delivered to you prior to or after you inform us that you wish to cancel the Contract, we will contact you with instructions for how to return the goods to us. You must return the goods to us as soon as reasonably practicable and at your own cost. This does not apply if you are returning the goods because they are faulty or not as described. If you do not return the goods to us, we are entitled to collect the goods from you and to charge you for such collection.
Where you cancel your Contract, you have a legal obligation to keep the goods in your possession and to take reasonable care of them while they are in your possession. We recommend that you use a secure and trackable means of returning the goods to us and you insure your return, as you will be liable for any damage to or loss of the goods until we receive them.
Please note that you are not entitled to use our free returns service where you cancel your Contract using your legal right to cancel set out above. A summary of this legal right to cancel and an explanation of how to exercise it are also provided in the Dispatch Confirmation. You cannot cancel the Contract or return the goods where the goods have been worn, tampered with or used, unless the goods are faulty or not as described.
If, once you have received the goods, you decide you would like to return them to us, you may do so using our free returns service at any time until 14days, or 7 days in respect of any sale or discounted items, after you have received the goods. You can return the goods to us via your online account and by following the instructions set out in our Returns Policy or by otherwise contacting our Customer Services team.
You have a legal obligation to keep the goods in your possession and to take reasonable care of them until the goods are collected from you. You cannot return the goods where the goods have been worn, tampered with or used, unless the goods are faulty or not as described. Please note that you cannot use our free returns service where you have cancelled your Contract using your legal right set out under Cancellations
As a consumer, you will always have legal rights in relation to the goods that are faulty or not as described. These legal rights are not affected by these terms and conditions or our Returns Policy
Please contact our Customer Services team to arrange the return or repair of any goods that are faulty or not as described.
If you have returned goods to us because they are faulty or not as described, we will refund any reasonable costs you incur in returning the item to us, together with the price of defective goods in full and any applicable delivery charges, as set out in the Refunds section.
Where you have cancelled your Contract or returned goods to us in accordance with these terms and conditions, you will receive a full refund of the price you paid for the goods, and in the case of contract concellation this refund will include any applicable delivery charges.
We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation or your intention to return the goods to us0. We will refund you on the credit card or debit card used by you to pay.
If we breach the Contract, we shall only be liable for losses which are a reasonably foreseeable consequence of such a breach. Losses are foreseeable where they could be contemplated by you and us at the time of entering into the Contract.
We are not responsible for:
(a) losses not caused by our breach;
(b) indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us at the time of entering into the Contract, for example loss of profits or loss of opportunity; and/or
(c) failure to provide the goods or to meet any of our obligations under the Contract where such failure is due to events beyond our control.
Our aggregate liability to you in connection with each Contract shall not exceed the value of the goods ordered by you under that Contract.
Nothing in these terms seeks to exclude or limit our liability for death or personal injury caused by our negligence, fraud or any other liability which cannot by law be validly excluded or limited.
If you breach the Contract and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the Contract. If any part of the Contract is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.
We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under the Contract. Each Contract is personal to you and you may only transfer your rights or your obligations under a Contract to another person if we agree in writing. A Contract is not intended to give rights to anyone except you and us.
We will do our best to resolve any disputes over each Contract. If you wish to take court proceedings against us you must do so within the United Kingdom. The laws of England and Wales will apply.