Terms and Conditions
Welcome to www.clodgahmckenna.com! We hope that you enjoy our website, the lifestyle tips and the products that we offer for sale on our website. We recommend that all of our users read these terms and conditions (“Terms and Conditions”) which govern your use of the website. In particular, you should be aware that when you place an order for any items on our website you agree to be bound by these Terms and Conditions.
We are : Clodagh McKenna Ltd (company no. 10012318);
Our address is: 2 Old Bath Road, Newbury, Berkshire, England, RG14 1QL;
We can be contacted at: info@clodaghmckenna.com
You are: A user of our Website.
Definitions
“Agreement” is a reference to these Terms and Conditions, the Privacy Policy, any order form and payment instructions provided to you;
“Clodagh”, “we”, “us” and “our” are references to Clodagh McKenna Ltd;
“Products” is a reference to any kitchen and lifestyle goods which we may offer for sale from our Website from time to time;
“Website” is a reference to www.clodaghmckenna.com ; and
“you”, “your” and “yours” are references to you the person accessing the Website and ordering any Products from the Website.
Ordering
Any contract for the supply of Products from this Website is between you and Clodagh. You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering. You also warrant that the credit or debit card details that you provide is your own credit or debit card and that you have sufficient funds to make the payment.
Products purchased from this Website are intended for your use only and are not for resale.
When ordering from this Website you may be required to provide a username and password. You must ensure that you keep these details secure and do not provide this information to a third party.
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure.
Any order that you place with us is subject to availability and acceptance by us. Some Products are “one-offs” and there may be limited availability. When you place your order online we will send you an email to confirm that we have received it. This email confirmation will be produced automatically so that you have confirmation of your order details. The fact that you receive an automatic confirmation does not necessarily mean that we will be able to meet your order. Once we have sent the confirmation email we will then check availability and contact you with a further email. If the Product is available and the details of the order are correct, this email will be deemed an acceptance and will specify delivery details and confirm the price. If the Product is not available we will also let you know by email.
We reserve the right to alter the Products available for sale on the Website and to discontinue any product line or service.
The contract for the sale of the Products will be accepted at the time of despatch of your order. We will confirm this to you in writing. You must inform us immediately if any details are incorrect.
Prices and Payment
All prices listed on the Website are in pounds sterling and are correct at the time of publication. We reserve the right to alter these in the future. Prices are inclusive of value added tax but exclusive of delivery charges which will be added to your order, if applicable.
The total price for Products ordered, including delivery charges if any, will be displayed on the Website when you place your order. Full payment must be made before the Products can be despatched.
You may pay for your order by debit or credit card. Your credit card company may also do security checks to confirm it is you making the order.
Delivery
Delivery periods quoted at the time of ordering are approximate only and may vary. Products will be delivered to the address specified by you at the time of ordering.
All orders are delivered by a reputable postal service or courier. We will make every effort to deliver within the time stated however we will not be liable for any loss caused to you by late ordering. If the Products are not delivered within the estimated delivery time which we quote, please contact us by telephone or email and we will try to ensure that you receive your order as quickly as possible.
Orders may be delivered in multiple shipments in order to ensure that the Products get to you as quickly as possible.
No refunds of the delivery charge are made for late deliveries.
Incomplete orders must be notified to us as soon as possible following delivery and within 3 days of delivery. We will, at our discretion, either arrange for the missing items to be delivered to you at no extra cost or refund you the original cost of the missing items.
All risk in the Products shall pass to you upon delivery.
If you fail to accept delivery of the Products at the time they are ready for delivery, or we are unable to deliver the Products at the nominated time due to your failure to provide appropriate instructions, documentation, licences, consents or authorisations, then the Products shall be deemed to have been delivered to you and all risk and responsibility in relation to such Products shall pass to you. Any storage, insurance and other costs which we incur as a result of the inability to deliver the Products shall be your responsibility and you shall indemnify us in full for such cost.
You must ensure that at the time of delivery of the Products adequate arrangements, including labour and access where necessary, are in place for the safe delivery of the Products. We cannot be held liable for any damage, cost or expense incurred to the Products or premises where this arises as a result of a failure to provide adequate access or arrangements for delivery.
Where delivery is outside the UK, you may be liable to pay additional tax or duty once the Products reach your country. This may vary from country to country. Please contact your local customs office for more information.
Please note that Products may be subject to inspection by your local customs office where delivery is outside the UK.
Your Information
Where we have requested information from you to deliver the Products you agree to provide us with accurate and complete information. All personal data that you provide to us will be processed and stored in accordance with our Privacy Policy.
Cancellation
Right to Cancel Non-personalised Products (for customers based within the EU only)
You have the right to cancel this contract within 14 days without giving any reason.
The cancellation period will expire 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you, acquires physical possession of the Products (or, in the case where you have ordered multiple Products as part of one order, 14 days from the day on which you acquire, or a third party other than the carrier, acquires physical possession of the last item of the order).
To exercise your right to cancel you must notify us immediately preferably by email. You must provide us with a clear statement of your decision to cancel this contract.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
We cannot guarantee that we will be able to stop your order once we receive notice of cancellation as the Products may already have been despatched. In such cases, the Products will need to be returned to us unopened and unused.
Effects of Cancellation:
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
We may make a deduction from the reimbursement for loss in value of any Products supplied if the loss is the result of unnecessary handling by you.
We will make the reimbursement without delay and not later than –
14 days after the day we receive back from you any Products supplied, or
(if earlier) 14 days after the day you provide evidence that you have returned the Products, or
if there are no Products supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
We will make this reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the Products back or you have supplied evidence of having sent back the Products, whichever is the earliest.
You must return the Products back to us in accordance with the instructions which we will issue to you once we receive notice of your cancellation.
You will have to bear the costs of returning the Products.
Personalised, Perishable or Vintage Products:
The right to cancel an order for Products described in clause 6.1 above does not apply to orders for
personalised Products,
Products which are made to your specifications,
Products which are liable to deteriorate or expire rapidly such as food items, or
Second hand or vintage Products which will have already been used or are worn.
Returns Where Products Are Faulty:
Please email us to inform us of your wish to return any Products quoting your order number. If you notify us of the fault within a reasonable period of delivery of the Products to you then we will offer you the option of a full refund, repair or replacement. Food Products which are liable to deteriorate or expire rapidly and which are discovered to be faulty or damaged must be notified to us as soon as possible. For faults notified to us after this time we will offer you the option of having the Products repaired or replaced, at our discretion. You must ensure that the Products are returned to us at your cost immediately by courier in good condition and unused.
The cost of collecting or returning the Products to us must be paid by you unless we agree that the Products are faulty or damaged upon receipt by you.
We try to select and package the Products as well as possible to ensure they arrive in good condition. However, if the Products arrive damaged or not what you ordered, we will replace it free of charge or provide a full refund as appropriate.
We recommend that all returned items are returned using a reputable courier such as Parcel Force or DHL.
Vintage Products
Products which are sold on the Website and described as “vintage” are second hand. As such these Products may have slight imperfections due to age and normal wear and tear. These Products are limited in number and usually one-offs.
Linked Sites and Items
There may be a number of links on our Website to third party websites or items which we believe may be of interest to you. We do not represent the quality of the goods or services provided by such third parties nor do we have any control over the content or availability of such sites. We cannot accept any responsibility for the content of third party websites or the services or goods that they may provide to you.
We do not offer or make any representation or give any warranty in relation to items and products which are not sold by us but which we may refer to or link to in our Website.
Complaints
Clodagh takes complaints very seriously and we aim to respond to your complaints within 5 business days. All complaints should be emailed to us. In the event of a dispute between us you may refer the dispute to the EU Online Dispute Resolution Platform by going to https://webgate.ec.europa.eu/odr .
Limitation of Liability - PLEASE READ CAREFULLY AS THIS LIMITS OUR LIABILITY TO YOU
Great care has been taken to ensure that the information available on this Website is correct and error free. We apologise for any errors or omissions that may have occurred. We cannot warrant that use of the Website will be error free or fit for purpose, timely, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.
If we are found liable for any loss or damage to you such liability is limited to the amount you have paid for the relevant PRODUCTS. we exclude liability for losses that were not foreseeable to both parties when the contract was formed and losses that were not caused by any breach on our part. This limitation of liability does not apply to personal injury or death arising as a direct result of our negligence.
We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via our Website EXCEPT WHERE THIS HAS BEEN CAUSED BY OUR NEGLIGENCE.
We shall not be held liable for any failure or delay in delivering Goods where such failure arises as a result of any act or omission which is outside our reasonable control such as an act of God, a pandemic or those of third parties.
The products sold by us are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Website or for any products or services purchased from us.
We have taken all reasonable steps to prevent internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties EXCEPT WHERE THIS HAS BEEN CAUSED BY OUR NEGLIGENCE.
General
We use subcontractors to deliver Products to you and to help us to operate our Website and make Products available to you. Clodagh may assign or novate any part or parts of our rights under these Terms and Conditions.
We may alter or vary the Terms and Conditions at any time. Any variation will not affect existing orders placed with us. Variations or updates to our Terms and Conditions will be published on our Website. Any error or omission in any information, or document issued by us shall be subject to correction provided that the correction does not materially affect the contract.
The Terms and Conditions together with the Privacy Policy, any order form and payment instructions form the basis of our contract. In the event of any conflict between these Terms and Conditions and any other term or provision on the Website, these Terms and Conditions shall prevail.
If any term or condition of our Agreement shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the Agreement shall continue in force without such term or condition.
These Terms and Conditions and our Agreement shall be governed by English law and the courts of England and Wales will have exclusive jurisdiction in relation to the Agreement.
No delay or failure on our part to enforce our rights or remedies under the Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.
It is not intended that the undertakings and obligations of the parties set out in this Agreement shall be for the benefit of and capable of being enforced by any other person by virtue of the Contracts (Rights of Third Parties) Act 1999.
Website Disclaimer
WWW.CLODAGHMCKENNA.COM IS INTENDED FOR GENERAL INFORMATION USE ONLY AND TO PROVIDE INFORMATION ON CLODGAH MCKENNA AND PRODUCTS THAT WE OFFER FOR SALE. WE ARE NOT NUTRITIONAL, MEDICAL OR FITNESS EXPERTS.
INFORMATION THAT IS DISPLAYED ON THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS AND WE DO NOT MAKE ANY WARRANTY WHATSOEVER AS TO THE SUITABILITY OF THE CONTENTS.
IF YOU ARE SUFFERING FROM A MEDICAL CONDITION, OR ARE CONCERNED THAT YOU MAY HAVE A MEDICAL CONDITION, YOU SHOULD CONSULT A MEDICAL EXPERT. NO RELIANCE SHOULD BE PLACED BY YOU ON THE INFORMATION OR ADVICE PUBLISHED ON OUR WEBSITE AND IT SHOULD NOT BE USED BY YOU TO DIAGNOSE OR TREAT A MEDICAL CONDITION.
FROM TIME TO TIME WE MAY RECOMMEND PRODUCTS ON THE WEBSITE. THESE RECOMMENDATIONS ARE OUR OWN PERSONAL OPINION AND SHOULD NOT BE RELIED UPON BY YOU IN ANYWAY.
ANY COMMUNICATION BETWEEN US DOES NOT CONSTITUTE OR CREATE A DOCTOR/PATIENT OR THERAPIST/PATIENT RELATIONSHIP WITH YOU.
YOU SHOULD SEEK YOUR OWN INDEPENDENT ADVICE FROM A SUITABLY QUALIFIED PERSON BEFORE YOU EMBARK ON ANY FITNESS REGIME OR OTHER ACTIVITY WHICH WE MAY DISCUSS ON THE WEBSITE.
FURTHER INFORMATION ABOUT THE USE OF OUR WEBSITE AND OUR LIMITS OF LIABILITY CAN BE FOUND IN OUR TERMS AND CONDITIONS.
Last updated: October 2020