Terms & Conditions
Part 1: WEBSITE TERMS
1.2 By using the Website you agree that you accept these Terms and that you will comply with them.
1.3 If you do not agree to these Terms, you must not access or use the Website.
1.4 Please read these Terms carefully and print a copy for your future reference as we will not file a copy of these Terms and may also update them from time to time. If you have any queries then please contact us.
2. WHO WE ARE AND HOW TO CONTACT US
Who we are
2.1 http://www.clogauoutlet.co.uk is a Website owned and operated by us, The Hut.com Limited (trading as Clogau Outlet) ('we', 'us' or 'our').
2.2 We are a limited company registered in England and Wales under company number 05016010. Our registered office address and main trading address is at 5th Floor, Voyager House, Chicago Avenue, Manchester Airport, M90 3DQ. Our VAT number is GB 974 147970.
How can I contact you?
2.3 To contact us, please contact our customer services team by logging on to your account via our Help Centre [or alternatively firstname.lastname@example.org
2.4 If you would like to make a complaint or feel that any material appearing on the Website is offensive, objectionable or potentially defamatory please contact us via the details in section 2.3 above and provide full details of the nature of your complaint and the materials to which the complaint relates.
3. OTHER TERMS THAT MAY APPLY TO YOU
Are there any other terms which apply when I use the Website?
3.1 These Terms refer to the following additional terms and conditions, which also apply to your use of our Website:
Are there any other terms which could apply to me?
3.2 If you are buying goods or services from our Website then our Terms and Conditions of Sale will apply to the sale of those goods and services to you.
3.3 If you are entering competitions on our Website then our Competition Terms will also apply to your entry into the competition.
4. WE MAY MAKE CHANGES TO THESE TERMS
Our right to make changes to the Terms
4.1 We may update these Terms from time to time. We will give you reasonable notice of any major changes via a suitable announcement on the Website.
When will the changes apply?
4.2 The changes will apply to your use of the Website after we have given such announcement.
What should I do if I don’t want to accept the changes?
4.3 If you do not wish to accept the new terms you should not continue to use the Website. If you continue to use the Website after the date on which the change comes into effect, your use of the Website indicates your agreement to be bound by the new terms.
4.4 Please check these Terms to ensure you understand the terms and conditions that apply at that time.
5. WE MAY MAKE CHANGES TO THE WEBSITE
We may update and change the Website from time to time. We will try to give you reasonable notice of any major changes.
6. USE OF OUR WEBSITE
You must keep your account details safe
6.1 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We may disable access to your account
6.2 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of these Terms.
6.3 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at email@example.com
Your use of the Website
6.4 We only provide the Website for domestic and private use. You agree not to use the Website for any commercial or business purposes.
6.5 The Website may only be used for lawful purposes. You agree to comply with all applicable laws and regulations regarding the Website and its use.
6.6 You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.
6.7 Our status (and that of any identified contributors) as the authors of content on the Website must always be acknowledged.
What can’t I do?
6.8 You must not knowingly:
• upload or transmit through the Website any computer viruses, Trojans, worms, logic bombs or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer;
• upload or transmit through the Website any material which is defamatory, offensive or of an obscene character;
• attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website; or
• attack our Website via a denial-of-service attack or a distributed denial-of service attack.
6.9 By breaching section 6.8, you would commit a criminal offence under the Computer Misuse Act 1990. 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 our Website will cease immediately.
We are not responsible for viruses or other harmful material
6.10 We will not be responsible for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.
We may monitor your use of the Website
6.11 We may disclose such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
6.12 You acknowledge that we have no obligation to monitor your access to or use of the Website, but that we have the right to do so for the purpose of operating the Website, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to any content that we, at our sole discretion, consider to be in violation of these Terms or otherwise harmful to the Website provided.
7. UPLOADING CONTENT TO OUR WEBSITE
7.1 Whenever you post content to our website, you agree and confirm that:
• you own or otherwise control all of the rights to the content that you post;
• the content and material is accurate; and
• use of the content and material will not cause injury to any person or entity (including that the content or material is not defamatory).
You agree to indemnify us for all claims brought by a third party against us arising out of or in connection with a breach of this section 7.1. This means that you will be responsible for any loss or damage we suffer as a result of your breach of section 7.1.
Your rights in the content which you post to our Website
7.2 Any content uploaded to our Website will be considered non-confidential and non-proprietary. You will retain all of your ownership rights in your content but you are required to grant us (and our sub-licensees if required) a licence to use, copy, modify and adapt your content and to distribute and make it available to third parties (see section 7.6 for more information about this).
7.3 You agree to waive your right to be identified as the author of the content and your right to object to derogatory treatment of the content.
We may disclose your identity to third parties in certain circumstances
7.4 We may have to disclose your identity to a third party who claims that content posted or uploaded by you to our Website constitutes a violation of their intellectual property rights or privacy rights.
We may remove your content
7.5 We may remove any post you make on our Website if in our opinion your post does not comply with our guidelines.
Rights you are giving us to use content uploaded by you to our Website
7.6 By uploading or posting content to our Website, you grant us the following rights to use that content:
• a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and
• grant us and our sub-licensees the right to use the name that you submit in connection with such content.
7.7 If we reasonably request you to do so, you agree to do such further acts and execute all documents which may from time to time be necessary to give full effect to this section 7.
8. HOW WE USE YOUR PERSONAL INFORMATION
8.2 By using our Website, you:
• consent to such processing and you warrant that all data provided by you is accurate; and
• authorise us to transmit information (including updated information) to obtain information from third parties, including but not limited to, your debit or credit card numbers or credit reports to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
9. OUR INTELLECTUAL PROPERTY RIGHTS IN OUR WEBSITE
Our intellectual property rights in the Website and its content
9.1 Other than in relation to links to third party websites, we or our licensors are the owners or the licensee of all intellectual property rights in the Website and in the material published on it, including all brand names and trade marks. All such rights are reserved and nothing in these Terms will be interpreted as giving you ownership or rights in such intellectual property or the data contained therein.
9.2 You are not permitted to use our intellectual property without our approval, unless expressly permitted under the section 6 (Use of our Website).
10. WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES WHICH WE LINK TO
10.1 As a convenience to you, the Website may include links to other websites or material which is provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
10.2 We have no control over the content of those websites or resources and we accept no responsibility for the availability, suitability or content of such websites and nor do we review or endorse them or any views expressed within them.
10.3 We will not be responsible for the privacy practices or content of such websites nor will we be responsible for any damage, loss or offence caused or alleged to be caused that may arise from your use of them.
11. DO NOT RELY ON INFORMATION ON OUR WEBSITE
11.1 The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.
11.2 Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date.
11.3 If we are informed of any inaccuracies in the material on the Website we will correct this as soon as we reasonably can.
12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
12.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and any liability for fraud or fraudulent misrepresentation.
12.2 We provide you with access to the Website free of charge and subject to section 12.1 above, we will not be responsible for any loss, injury or damage of whatever kind caused in whole or in part by:
• incompatibility of the Website with any of your equipment, software or telecommunications links;
• technical problems including errors or interruptions of the Website;
• unsuitability, unreliability or inaccuracy of the Website; and
• failure of the Website to meet your requirements.
12.3 The Website is provided on an 'as is' and 'as available' basis without any representation or endorsement made and we make no warranties in relation to it and its use. You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the internet.
13. OUR RIGHTS IF YOU BREACH THESE TERMS
13.1 Should you make any illegal and/or unauthorised use of the Website, and/or fail to comply with these Terms, we may take such action as we reasonably determine to be appropriate including amongst other measures temporarily or permanently removing your registration and right to use the Website.
14. WE MAY SUSPEND OR WITHDRAW OUR WEBSITE
14.1 Our Website is made available free of charge.
14.2 We may suspend or withdraw all or any part of our Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
14.3 We may disable any user identification code or password we have provided to you, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of these Terms.
15. [OUR WEBSITE IF ONLY FOR USERS IN THE UK
The Website is directed to people residing in the United Kingdom. We do not represent that content available on or through the Website is appropriate for use or available in other locations.]
16. NOBODY ELSE HAS RIGHTS UNDER THESE TERMS
Only you and us are entitled to enforce these Terms. No other person will be entitled to enforce any provision of these Terms.
17. WHAT HAPPENS IF PARTS OF THESE TERMS BECOME INVALID?
If any part of the Terms is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of the Terms.
18. EVEN IF WE DELAY ENFORCING THESE TERMS, WE CAN STILL ENFORCE THEM LATER
Any delay or failure by us in exercising, or any waiver by us of, our rights under or in connection with these Terms will not limit or restrict the future exercise or enforceability of those rights.
19. WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?
These Terms shall be governed by and construed in accordance with the laws of England and Wales and any disputes will be decided only by the English courts except that if you are acting as a consumer and are a resident of Northern Ireland you may also bring proceedings in Northern Ireland and if you are a consumer and a resident in Scotland you may also bring proceedings in Scotland.
Part 2: GENERAL TERMS AND CONDITIONS OF SALE
1. INFORMATION ABOUT THESE TERMS
Why these Terms are important
1.1 These terms and conditions ('Terms of Sale') set out the terms and conditions which apply to our, The Hut.com Limited (‘us’, ‘we’ and ‘our’), sale of goods and services (together, the ‘products’) to you via our website www.clogauoutlet.co.uk ('Website').
1.2 Please read these Terms of Sale carefully before you submit an order to us as they affect your rights and liabilities under law and tell you who we are, how we will provide goods and services to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
1.3 We recommend that you print a copy of these Terms of Sale for your future reference as we will not file a copy of these Terms of Salespecifically in relation to your order.
Important parts of these Terms of Sale
1.4 We would especially like to draw your attention to the following sections:
• sections 14 (Your rights to end the contract) and 15 (Cancelling and returning products if you change your mind) which sets out your rights to cancel orders placed by you;
• section 16 (Our rights to end the contract) which sets out our rights to cancel orders placed by you;
• section 17 (Faulty, damaged or incorrect products) which sets out your rights if products are faulty, damaged or incorrect; and
• section 18 (Our responsibility for loss or damage suffered by you) which sets out our responsibility to you.
Let us know if you have any questions about these Terms of Sale
1.5 If you have any queries regarding these Terms of Sale then please contact our customer services team by logging on to your account via our Help Centre or alternatively firstname.lastname@example.org
2. WHO WE ARE AND HOW TO CONTACT US
Who we are
2.1 We are, The Hut.com Limited (trading as Clogau Outlet).
2.2 We are a limited company registered in England and Wales under company number 05016010, whose registered office address is at 5th Floor, Voyager House, Chicago Avenue, Manchester Airport, M90 3DQ. Our VAT number is GB 974860768.
How to contact us
2.3 To contact us, please contact our customer services team by logging on to your account via our Help Centre [or alternatively email@example.com
2.4 If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provide to us in your order.
How can I contact you if I have a complaint?
2.5 We try our best to ensure that your experience as a customer of ours is a positive one and want to hear from you if you have any cause for complaint.
2.6 If you have any queries, complaints or problems with the products, please contact our customer services team by logging on to your account and provide full details of the nature of your complaint.
Will my contract always be with you?
2.7 In some circumstances your contract may be with one of our group companies rather than us. Please see below for more detail about this:
• if your purchase is made in United States dollars (USD) or Canadian dollars (CAD) and payment is made using a debit/credit/American express card, then your relationship will be with THGPP LLC (trading as Clogau Outlet)
• if your purchase is made in Australian dollars (AUD) and payment is made using a debit/credit/American express card, then your relationship will be with Skincarestore Australia Pty Limited (trading as Clogau Outlet) whose office is at G01, 38 Atchison Street, St Leonards, NSW 2065 Australia.
3. OTHER TERMS THAT MAY APPLY TO YOU
3.1 These Terms of Sale refer to the following additional terms and conditions, which also apply to your purchase of the products:
• Our Returns Policy, please see sections 14 (Your rights to end the contract) and section 15 (Cancelling and returning products if you change your mind) for more information about this.
4. YOUR STATUS
Confirmation of your status
4.1 By placing an order with us, you are confirming that:
• you are legally capable of entering into binding contracts;
• you are at least 16 years of age
• you are a consumer (i.e. for private use as opposed to business use); and
• the personal information which you are required to provide when you register is true, accurate, current and complete in all respects; and you are not impersonating any other person or entity.
Do I need to notify you of any changes to my personal information and confirmation?
4.2 You must notify us immediately of any changes to your personal information by e-mailing or telephoning our customer service representatives on [0161 813 1487].
5. HOW WE USE YOUR PERSONAL INFORMATION
5.2 When you shop on this Website, we will ask you to input personal details in order for us to identify you, such as your name, e-mail address, billing address, delivery address, credit card or other payment information. We confirm that this information will be held by us in accordance with the registration we have with the Data Commissioner's office.
5.3 You authorise us to transmit information (included updated information) to obtain information from third parties, including but not limited to, your debit or credit card numbers or credit reports to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
6. PROTECTING YOUR SECURITY
How we validate your payment
6.1 To ensure that your credit, debit or charge card is not being used without your consent, we will validate the name, address and other personal information supplied by you during the order process against appropriate third party databases.
6.2 We take the risk of internet fraud very seriously. With the volume of fraudulent credit card transactions increasing, we make every effort to ensure all orders are thoroughly checked using the information already supplied. There is a possibility we may contact you to make additional security checks and we ask for your co-operation to enable us to complete them. We will not tolerate fraudulent transactions and such transactions will be reported to the relevant authorities.
6.3 By accepting these Terms of Sale you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 2018.
7. OUR PRODUCTS
Products may vary from their pictures
7.1 We have made every effort to ensure that the products conform to the photographs and descriptions provided on our Website. However, please note that certain colours may look different to the actual colour of the products, when displayed on an electronic device.
Availability of products
7.2 We do not represent or warrant that particular products will be available. Please see section 9.6 (What happens if we cannot accept your order) for information about what happens if the products are not available.
Personalising your goods
7.3 You may have the option to personalise certain goods. Please ensure the personalisation information you provide is correct and any images are of a sufficiently high resolution, as the goods will be manufactured using this information.
7.4 If you have chosen to personalise the goods you may lose your right to cancel your order (see section 15 (Cancelling and returning goods if you change your mind) for further details) as it may be the case that we are unable to resell the goods due to the personalisation. Similarly, we cannot accept the return of any personalised goods if the return is due to incorrect information provided by you.
8. OUR RIGHT TO MAKE CHANGES
8.1 We have the right to make minor changes to the products without notifying you in order to:
• conform with any applicable safety or other legal or regulatory requirements; or
• implement minor technical adjustments and improvements. These changes will not affect your use of the products.
8.2 We may also make reasonable changes to the products or these Terms of Sale but if we do so we will notify you and you will have the right to contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
9. OUR CONTRACT WITH YOU
How to place an order with us
9.1 Our Website will guide you through the ordering process.
9.2 Before submitting your order to us, you will be given the opportunity to review and amend it. Please ensure that you have checked your order and that you have read these Terms of Sale carefully before submitting your order. If you are unsure about any part of these Terms of Sale, please ask us for clarification.
How we accept your order
9.3 Our acceptance of your order will take place when we email you confirming our acceptance (‘Order Confirmation’), at which point a contract between you and us will come into existence.
9.4 Automated acknowledgements of your order which you may receive from us do not amount to our acceptance of your offer to purchase products advertised on our website.
What will the contract cover?
9.5 The contract will relate only to those products confirmed in the Order Confirmation. We will not be obliged to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate Order Confirmation.
What happens if we cannot accept your order?
9.6 If we cannot accept your order, you will be notified by e-mail (or by other means if no e-mail address has been provided) and you will have the option either to wait until the item is available from stock or to cancel your order. This may be because the product is unavailable or because we have identified an error in the price or description of the product.
9.7 If we have taken payment, we will be refund you as soon as possible (and in any event, within 14 days).
Can I make changes to orders accepted by you?
9.8 Before submitting your order to us, you will be given the opportunity to review and change it. Please make sure you have checked your order carefully before submitting your order as once submitted you will not be able to make changes to it.
Our goods and services are not for resale
9.9 The products sold on the Website are not for re-sale or distribution. We reserve the right to cancel orders and/or suspend accounts where we believe products are being ordered in breach of this provision.
[We only sell to the UK
9.10 Our Website is solely for the promotion of our goods and services in the UK. Unfortunately, we do not accept orders from addresses outside the UK.]
Delivery times and costs
10.1 Information about delivery times and costs will be set out at ‘Checkout’ and orders will be delivered to the address you specify. All goods will normally be dispatched within 4 days of receipt of your order.
10.2 If the products are one-off services, we will begin the services on the date agreed with you during the order process. The completion date for the services is as told to you during the order process.
10.3 If your order has not arrived by the estimated delivery date, please contact us at www.cloguaoutlet.co.uk as soon as possible so we can investigate.
What happens if you do not collect the goods or are not at home when the goods are delivered?
10.4 If you are not home when the goods are delivered we may leave the goods in a safe location or, if no one is available to accept delivery, re-deliver the goods on a different day.
What happens if we fail to deliver the goods in time?
10.5 In the unlikely event that we fail to deliver within the time specified or, if no time has been specified, within 30 days of our Order Confirmation (or as otherwise agreed), you may end the contract if:
• failure to deliver was caused by us refusing to deliver your goods;
• in light of all relevant circumstances, delivery within that time period was essential; or
• you told us when ordering the goods that delivery within that time period was essential.
10.6 If you do not wish to cancel, or none of the circumstances described above apply, you may specify a new (reasonable) delivery date. If we fail to meet the new deadline, you may end the contract.
10.7 If you have the right to end the contract under sections 10.5 or 10.6 you may instead cancel or reject part of your order provided that separating the goods in your order would not significantly reduce their value.
10.8 Any sums that you have already paid for cancelled goods and their delivery will be refunded to you within 14 days.
10.9 Please note that if any cancelled goods are delivered to you, you must return them to us or arrange with us for their collection within 14 days from the date of cancellation or delivery (whichever is later). In either case, we will bear the cost of returning the cancelled goods.
What happens if you do not allow us to provide the services?
10.10 If you do not allow us access to your property to perform the services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and section 16 (Our rights to cancel the contract) will apply.
When does delivery take place?
10.11 Delivery will be deemed to have taken place when the goods have been delivered to the delivery address specified by you in your order and you (or someone identified by you) have taken physical possession of the goods.
Who is responsible for the goods during delivery?
10.12 The responsibility (sometimes referred to as ‘risk’) for the goods remains with us until the goods have been delivered to the delivery address specified by you in your order. We accept no liability where you provide an incorrect delivery address or where you fail to collect the goods from the delivery address which you specified.
When do you own the goods?
10.13 You own the goods only once we have received payment in full of all sums due (including any delivery charges).
11. PRICE AND PAYMENT
Prices and other charges
11.1 All prices (including delivery charges) shown on the website are inclusive of VAT (where applicable) at the current rates and are correct at the time of entering the information onto the system. We reserve the right, however, to change prices at any time without notice to you (save that any changes will not affect orders in respect of which we have sent you a Order Confirmation).
When and how you pay
11.2 Payment can be made by any major credit or debit card or via your PayPal account. Payment will be debited and cleared from your account on the dispatch of your goods or provision of the service to you.
11.3 You confirm that the credit, debit card or PayPal account that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us we will not be liable to you for any delay or non-delivery.
11.4 If your credit or debit card payment is not processed successfully for any reason, we reserve the right to reattempt to process payment within 48 hours. In the event that the payment is still unsuccessful, we will give you at least 48 hours’ notice in advance of any further reattempt to process payment by sending an email to the email address you have provided to us. If you do not want us to reattempt to process payment, you must cancel your order in advance.
What happens if we got the price wrong?
11.5 In the unlikely event that the price shown on the checkout page is wrong, and we discover this before accepting your order in accordance with section 9.3, we are not required to sell the products to you at the price shown.
11.6 We always try and ensure that the prices of goods shown on our Website are accurate, but occasionally genuine errors may occur. If we discover an error in the price of the goods that you have ordered we will let you know as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If you cancel your order and you have already paid for the goods (but they have not yet been dispatched), then you will receive a full refund.
11.7 We allow you to use discount codes strictly on the terms and conditions upon which they were issued which, amongst other things, may include terms relating to your eligibility to use them and a maximum order value.
11.8 Please familiarise yourself with these terms and conditions before you place an order as we reserve the right to reject or cancel any orders which do not comply with these terms even if your credit or debit card has been charged. If there is any inconsistency between the terms and conditions upon which the discount codes were issued and these terms and conditions, the discount code terms and conditions prevail.
11.9 A copy of the discount code terms and conditions can be obtained by e-mailing [firstname.lastname@example.org] or telephoning our customer service representatives on [0161 813 1487].
12. REFERRAL SCHEME
12.1 Subject to sections 13.2 to 13.10 (inclusive) below, you may earn ‘credit’ for use on our Website by referring a new customer to us through our referral scheme by sharing the referral link and/or referral code we provide to you (the “Referral Scheme”).
12.2 You are only eligible to participate as a ‘referrer’ in this Referral Scheme if you have previously placed an order on our Website.
What counts as a new customer?
12.3 A new customer is a natural person who has not previously placed an order with us (a "Referee").
12.4 If the Referee has an account on our Website but has not previously placed an order on our Website then they are entitled to participate in the Referral Scheme through the referral link or code provided.
How does the referral scheme work?
12.5 If the Referee has clicked through your referral link the discount code will automatically be applied at checkout. If the Referee is using a referral code, the Referee must enter this code at checkout.
Are there any restrictions which apply?
12.6 The Referee must place an order with a value of at least the minimum value as stated on our Website from time to time.
12.7 All discounted products and subscription products are excluded from the Referral Scheme. If you are participating in the Referral Scheme, you will be unable to participate in any affiliate schemes, cash-back offers and/or any other promotions of this nature.
12.8 Any credit generated from the Referral Scheme may only be spent on our Website and neither you nor the Referee is entitled to receive any payment of any kind in respect of the credit. The credit is not redeemable for cash. The credit that stands to your Referral Scheme account is not transferable in any way.
12.9 You will receive the applicable credit on your account 24 hours after dispatch of the Referee's order. If the Referee cancels their order for any reason within 3 days of it being dispatched, you will not qualify for any credit. You will receive your credit in the default currency of our Website.
We may withdraw your credit
12.10 We may, in our sole discretion, withdraw your credit generated from the Referral Scheme at any time if we believe or suspect that your use of the Referral Scheme is fraudulent, misleading or contrary to these Terms of Sale.
13. YOUR RIGHTS TO END THE CONTRACT
13.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
• if what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see section 17 (Faulty, damaged or incorrect products) for more information about this;
• If you want to end the contract because of something we have done or have told you we are going to do, see section 14.2 below;
• if you have just changed your mind about the product, see section 15 (Cancelling and returning products if you change your mind). You may be able to get a refund if you are within the 14 day cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
• in all other cases (if we are not at fault and there is no right to change your mind), see section 14.3 below.
Ending the contract because of something we have done or are going to do.
13.2 If you are ending a contract for a reason set out below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
• we have told you about an upcoming change to the product or these terms which you do not agree to (see section 8.2);
• we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
• there is a risk that supply of the products may be significantly delayed because of events outside of our control (see section 19 (Events outside of our control) for more information about this);
• we have suspended supply of the products for technical reasons, or notify you that we are going to suspend them for technical reasons, in each case for a period of more than 28 days; or
• you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see sections 10.5 and 10.6 (What happens if we fail to deliver the goods in time?).
Ending the contract where we are not at fault and there is no right to change your mind
13.3 Even if we are not at fault and you do not have a right to change your mind, you can still end the contract before it is completed. A contract for goods is completed when the product is delivered and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end the contract before it is completed, just contact us to let us know. The contract will not end until one day after the day on which you contact us.
13.4 We will refund any advance payment you have made for products which will not be provided to you.
14. CANCELLING AND RETURNING GOODS IF YOU CHANGE YOUR MIND
How long have I got to change my mind?
14.1 As you are purchasing the products as a consumer (i.e. for private use as opposed to business use), you have a 14 day right to cancel the contract between us and you for any reason (this is often called the ‘cooling off period’).
14.2 For goods, the 14 day period starts running on the day on which you acquire physical possession of the goods (i.e. the day the goods are delivered to you). If you have ordered multiple products which are delivered on different days, your right to cancel will expire 14 days after the delivery of the last product.
14.3 For services, the 14 day period starts running after the day we email you to accept your order. However, once we have completed the services you cannot change your mind, even if the 14 day period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
14.4 For some products we may give you a longer period during which you can cancel the contract. Please check our Returns Policy for more information about this.
How to let us know if you change your mind
14.5 Please see our Returns Policy which sets out information on how you can notify us. Alternatively you can use our model cancellation form.
How do I arrange for the products to be returned?
14.6 Please see our Returns Policy which sets out information on how you can arrange for products to be returned to us.
You are responsible for the costs of return
14.7 Unless stated otherwise in our Returns Policy, you are responsible for the cost of returning goods.
There are circumstances where you may lose your right to cancel
14.8 Please note that you may lose your legal right to cancel if:
• the Goods have been personalised or custom-made for you, as described in section 7.4 (Personalised Goods);
• we are providing you with services and you have received such services, in which case we can charge you a reasonable amount for the services received up to the time of cancellation;
• you have mixed the goods inseparably with another item after delivery; or
• the goods were sealed for hygiene reasons and become unsealed after delivery.
14.9 Refunds under this section 15 will be issued to you within 14 days from:
• the day on which we receive the products back;
• the day on which you inform us (with evidence) that you have sent the products back (if this is earlier than the day we receive the products); or
• if we have not yet provided any Order Confirmation or have not yet dispatched the products, the day on which you inform us that you wish to cancel the contract.
14.10 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer standard delivery of a product within 3-5 days at one cost but you choose next day delivery instead at a higher cost, then we will only refund what you would have paid for the cheaper delivery option (i.e. standard delivery).
14.11 Refunds under this section 15 will be made using the same payment method that you used when ordering the products, unless you specifically request that we make a refund using a different method.
We may reduce the refund if you have used the product
14.12 Refunds may be reduced for any diminished value in the products resulting from your excessive handling of them (e.g. more than would be permitted in a shop). If we issue a refund before we have received the products and have had a chance to inspect them, we may subsequently charge you an appropriate sum if we find that the products have been handled excessively.
14.13 Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
15. OUR RIGHTS TO END THE CONTRACT
We may end the contract if you break it
15.1 We may end the contract for a product at any time by writing to you if:
• you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
• you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;
• you do not, within a reasonable time, allow us to deliver the products to you or collect them from us;
• you do not, within a reasonable time, allow us access to your premises to supply the services.
You must compensate us if you break the contract
15.2 If we end the contract in the situations set out in section 16.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
We may withdraw the product
15.3 We may write to you to let you know that we are going to stop providing the product. We will let you know at least 28 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
16. FAULTY, DAMAGED OR INCORRECT GOODS
Your right to receive goods of a satisfactory quality
16.1 By law, we must provide products and services that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any information we have provided to you before you place your order, and that match any samples that you have seen or examined (unless we have made you aware of any differences).
Your remedies where goods are faulty, damaged or incorrect
16.2 If any products you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect or incorrectly priced goods, please contact us as soon as reasonably possible to inform us of the fault, damage or error, and to arrange for one or more of the following remedies:
• 30 day right to reject: Beginning on the day that you receive the goods you have a 30 day right to reject the goods and to receive a full refund (this is called the ‘short term right to reject’). Please note if any of the goods are of a kind that can reasonably be expected to perish after a shorter period, the time limit for exercising the short-term right to reject in relation to those goods is the end of that shorter period;
• Repair or replacement: If you do not wish to reject the goods, or if the short term right to reject has expired, you may request that the goods be replaced or repaired. We will bear any associated costs and will provide the repair or replacement (as applicable) within a reasonable time and without significant inconvenience to you.
• Refund: In certain circumstances, where a repair or replacement is impossible or disproportionate, we may instead offer you a full refund. In addition, if we have repaired or replaced the goods and they still do not conform then you have the right either to keep the goods at a reduced price, or reject them in exchange for a refund (this is called the ‘final right to reject’).
16.3 Please note:
• if you are exercising your short term right to reject, it will be your responsibility to prove that the products are defective, faulty or incorrect. Similarly it will also be your responsibility to prove that the goods are defective, faulty or incorrect once 6 months have passed since you received the goods; and
• if you exercise the final right to reject the goods (as described above) more than 6 months after you have received the goods, we may reduce any refund to reflect the use that you have had out of the goods; and
When are you not able to claim for faulty, damaged or incorrect goods?
16.4 You will not be eligible to claim under this section if:
• we informed you of the fault(s), damage or other problems with the goods before you purchased them (and it is because of the same issue that you now wish to return them);
• you have purchased the goods for an unsuitable purpose that is neither obvious nor made known to us and the problem has resulted from your use of the goods for that purpose; or
• if the problem is the result of normal wear and tear, misuse or intentional or careless damage.
16.5 Please also note that rights set out in this section 17 do not allow you to return the goods because you have changed your mind. Please instead refer to section 15 (Cancelling and returning goods if you change your mind) which sets out information about your rights if you change your mind.
Your remedies where there is a problem with services received by you
16.6 If there is a problem with a product which is a service, please contact us as soon as reasonably possible to inform us of the fault, damage or error, and to arrange for one or more of the following remedies:
• you can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.
• if you haven't agreed a price beforehand, what you're asked to pay must be reasonable.
• if you haven't agreed a time beforehand, it must be carried out within a reasonable time.
How do I return faulty or incorrect goods to you
16.7 Please see our Returns Policy for details as to how to return goods to us under this section 17. We will be fully responsible for the costs of returning goods under this section 17 and will reimburse you where appropriate.
16.8 Refunds under this section 17 will be issued within 14 days of the day on which we agree that you are entitled to the refund.
16.9 Any and all refunds issued under this section 17 will include all delivery costs paid by you when the goods were originally purchased and will be made using the same payment method that you used when ordering the goods, unless you specifically request that we use a different method.
17. OUR RESPONSIBILITY FOR LOSS AND DAMAGE SUFFERED BY YOU
17.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes death or personal injury caused by our negligence (including that of our employees or sub-contractors) or for fraud or fraudulent misrepresentation.
We are not responsible for loss which is not foreseeable
17.2 If we fail to comply with these Terms of Sale, we shall only be liable to you for losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure. Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when the contract is created.
17.3 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, but in the absence of negligence on our part we cannot be liable for any loss you may suffer if a third party procures unauthorised access to any data provided by you when accessing or ordering from the Website.
We only supply goods for domestic and private use
17.4 We only supply the goods for domestic and private use. If you use the goods for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity whatsoever.
Your rights as a consumer
17.5 Please note that nothing in these Terms of Sale seeks to exclude or limit any of your rights as a consumer. More information can be obtained from your local Citizens’ Advice Bureau or Trading Standards Office.
18. EVENTS OUTSIDE OF OUR CONTROL
18.1 We are not responsible for any failure or delay in performing our obligations where that failure or delay results from any event that is outside of our control. Such events include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, subsidence, acts of terrorism or war, governmental action, pandemic, other natural disaster, or any other event that is beyond our control.
18.2 If we are delayed or fail to perform our obligations as a result of an event outside of our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. If there is a risk of substantial delay then you may contact us to end the contract and receive a refund for any goods you have paid for but have not received.
19. WE MAY TRANSFER THESE TERMS TO SOMEONE ELSE
We may transfer our rights and obligations under these Terms of Sale 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 these Terms of Sale.
20. YOU MAY ONLY TRANSFER THESE TERMS AND CONDITIONS IF WE AGREE
You may only transfer your obligations and rights under these Terms of Sale if we agree in writing.
21. NOBODY ELSE HAS RIGHTS UNDER THESE TERMS
Only you and us are entitled to enforce these Terms of Sale. Nothing in these Terms of Sale shall give, directly or indirectly, any third party any enforceable benefit or any right of action against us and such third parties shall not be entitled to enforce any term of these Terms of Sale against us.
22. INVALID PARTS OF THESE TERMS
If any part of the Terms of Sale shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Sale and shall not affect the validity and enforceability of any remaining provisions of the Terms of Sale.
23. EVEN IF WE DELAY IN ENFORCING THESE TERMS, WE CAN STILL ENFORCE THEM LATER
Any delay or failure by us in exercising, or any waiver by us of, our rights under or in connection with these Terms of Sale will not limit or restrict the future exercise or enforceability of those rights.
24. WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES AND WHERE YOU CAN BRING PROCEEDINGS?
These Terms of Sale shall be governed by and construed in accordance with the laws of England and Wales and any disputes will be decided only by the English courts, except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
Part 3: RETURNS POLICY
Our Returns Policy forms part of, and must be read in conjunction with, our Terms and Conditions of Sale which applies. We reserve the right to change this Returns Policy at any time.
1. CHRISTMAS RETURNS POLICY
Made a mistake? We've got you covered…
1.1 We've extended our usual returns policy for the Christmas period, so you have time to change your mind. Any purchases made between 01 November and 24 December can be returned up until 31 January, of the following year, if it's unwanted or unsuitable. This will not affect your statutory rights, and our Terms and Conditions of Sale apply.]
2. RETURNS POLICY
Our Returns Policy is really simple!
2.1 When you receive your item, you must check it as soon as possible following receipt and always before use.
2.2 Please ensure that a returns authorisation number is obtained before attempting to return any items to us.
Your right to change your mind.
2.3 We've all done it, ordered something and then realised later that it is no longer needed. You have 14 days to return your order, which starts on the day after you received the item.
How do I return my product?
2.4 It's so simple, please follow the steps set out below (please see the section headed 'What to do to return your item to us').
Do you need me to do anything else?
2.5 All items must be returned unused and in the original packaging as they were in when received by you. Please ensure that when you receive an item that you take reasonable care of it when trying it on or inspecting it and that any security seals or tags are still intact.
3. WRONG ITEM RECEIVED
3.1 We apologise if you have received the wrong item by mistake. To receive a refund or a replacement, you must return the item in the same condition you received it.
3.2 This is not common and we want to resolve this as quickly as possible for you so please let us know within 14 days from the day on which you received the item. If you notify us after this then depending on the circumstances we may not be able to refund or offer a replacement.
4. DAMAGED, FAULTY, INCORRECT OR MISSING ITEMS
4.1 Please accept our apologies if you have received an item that is damaged or faulty. We understand how frustrating this can be and want to resolve this as quickly as possible for you.
4.2 If you believe that the item is faulty, please contact us. You will need to tell us exactly what the fault is and as soon as possible after discovering the fault and we will advise what to do next.
4.3 For more information about your rights and the remedies available to you please see section 17 of our General Terms and Conditions of Sale.
5. ITEM NOT RECEIVED
We apologise if you have not received your item. This is not common and we want to resolve this as quickly as possible for you so please let us know within 21 days from the day on which you received an email from us confirming that the item had been dispatched. If you notify us after this then depending on the circumstances we may not be able to offer a refund or replacement.
6. YOUR LEGAL RIGHTS
6.1 Our Returns Policy does not affect your legal rights.
6.2 For more information about your other legal rights, please visit the UK Government's website at: www.direct.gov.uk or contact Consumer Direct, the Government funded consumer advice service on 08454 04 05 06.
7. WHAT TO DO TO RETURN YOUR ITEM TO US
7.1 To return your item, you will need to register your return by logging on to your account here, selecting your order and clicking the ‘Return’ button where you will be guided through the process. Alternatively you can use our model cancellation form.
7.2 Once you have processed your return online you have a further 14 days to return your item to us. Please make sure your items are securely wrapped and your parcel contains all the information requested.
7.3 Remember to ask for a receipt as proof of sending. Proof of postage does not cost anything however without it, we may not be able to process your refund or replacement in the rare event that your item is lost in transit.
7.4 If you have any queries or need any help then please contact us through your account via our online message centre or call us on 0345 606 8877
8. WHAT HAPPENS IF I REQUEST A REPLACEMENT AND IT ISN’T AVAILABLE?
8.1 If you request a replacement and the product is no longer available, we will process the refund back to the original credit/debit card/PayPal account used to purchase the item.
8.2 Any item you have accepted and then return is your responsibility until it reaches our warehouse. Please therefore ensure that you send your item back to us using a delivery service that insures you for the value of the goods.
9. WHAT WE'LL DO NEXT
9.1 Once we have processed your return you will receive a notification via email.
9.2 All successful returns will be credited to the original method used for payment. Please note refunds can take 3 to 5 working days (Monday to Friday, excluding bank holidays) to show in your account.
10.1 If you are not satisfied with the way in which we have handled the return, replacement or repair of any item, we apologise. We want to resolve the matter.
10.2 Please contact our customer service representatives on 0345 606 8877, via your account or by post at Customer Service Department, Meridian House, Gadbrook Way, Gadbrook Park, Rudheath, Northwich, Cheshire, UK, CW9 7RA.
Part 4: MODEL CANCELLATION FORM
(Complete and return this form only if you wish to withdraw from the contract)
To: The Hut.com Limited (trading as Clogau Outlet)
Address: 5th Floor, Voyager House Chicago Avenue, Manchester Airport, Manchester, England, M90 3DQ
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],Ordered on [*]/received on [*],
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
[*] Delete as appropriate
Part 5: COMPETITION TERMS
1. ABOUT OUR COMPETITIONS
1.1 We may run various competitions from time to time on our Website.
1.2 All competitions shall be subject to the terms and conditions set out in these competition terms and conditions ('Competition Terms') unless expressly stated otherwise in the marketing associated with the relevant competition (for example, in the competition e-mail and/or on the relevant page on the Website ('Competition Materials')).
2. ABOUT US
2.1 We, The Hut.com Limited (trading as Clogau Outlet) shall be the promoter of any competition unless stated otherwise in the Competition Materials.
2.2 Our details are: The Hut.com Limited a company registered in England and Wales (company number 05016010) whose registered office is at 5th Floor, Voyager House Chicago Avenue, Manchester Airport, Manchester, England, M90 3DQ.
3. OTHER TERMS THAT MAY APPLY
We may also supply additional terms that are specific to a competition, in the Competition Materials or otherwise, in which case those additional terms shall be deemed incorporated into these Competition Terms. We reserve the right to amend the Competition Terms.
4.1 Each entrant shall be notified of the Competition Terms at the point of entering a competition and a copy of any specific terms shall be made available on the Website or on request to us throughout the competition period. By entering the competition, entrants will be deemed to have read and understood these Competition Terms and be unconditionally bound by and comply with them.
4.2 Competitions shall not be open to any person who is:
• a director or an employee of any of The Hut Group companies;
• an employee of an agent or supplier of any of The Hut Group companies or any other person who is directly connected with the organisation of any particular competition; or
• an immediate family member or household member of any persons identified in this section 4.2.
4.3 All competitions are only open to residents of the UK (excluding Northern Ireland).
4.4 All entrants must be aged 18 or over unless any other age restriction is specified in relation to the specific competition (for example in the Competition Materials). Where the specific competition allows an entrant under 18 years of age to enter, entrants must obtain permission in advance from their parent or guardian. We reserve the right to request proof of age and/or proof of permission (as applicable) before awarding any prize.
5. HOW TO ENTER
5.1 The full details of the entry process for each competition (including any limits on the number of entries) shall be set out in the information provided at the point of entry (for example, in the Competition Materials). There is no purchase necessary and no charge to enter. Entrants are responsible for their costs to access computer networks (including standard data or communication changes for access to the Website if required).
5.2 All entries must be received by the closing date specified in the information provided to entrants for each specific competition (usually in the Competition Materials). If entrants are required to submit an answer to a question when entering a prize draw, entrants will be deemed to have entered upon submission of that answer. All entries received after the applicable closing date are automatically disqualified. No responsibility will be taken for any entry that is misdirected, lost for technical or other reasons or received after the closing date.
5.3 For some competitions, a social media account (such as a Facebook, Twitter or Instagram account) may be required for entry and the entrant may be required to show proof that the registration of their account occurred before the beginning of the competition. Entrants must be the owner of the account from which the entry is received. In the event of a dispute as to any registration or entry, the authorised account holder of the account used to enter will be deemed to be the entrant. The potential winner may be required to show proof of being the authorised account holder for the account. Unless otherwise specified, in the event that an entrant submits multiple entries in a single day via the same social media account, the first entry only shall be accepted. We reserve the right to disqualify any entrant using multiple social media accounts to obtain additional entries in breach of these Competition Terms.
5.4 We reserve the right to remove any offensive, infringing or inappropriate posts on our social media pages and elsewhere in connection with any competition and to exclude those responsible for such posts from any competition.
5.5 We will not accept entries that are: automatically generated by computer; completed by third parties; completed in bulk; incomplete; illegible; altered, reconstructed, forged or tampered with; or photocopies and not original. Entries made by any other individual or any entity, and/or originating at any other website or e-mail address, including but not limited to commercial sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified. We reserve the right to disqualify, without prior notice and without liability to any entrant, any entries to any competition which we consider in our sole discretion to have been submitted by improper technical means, in breach of these Competition Terms and/or which we believe to be or have been notified is fraudulent.
5.6 For help with entries, please contact email@example.com
6.1 The full details of any prize that may be awarded as part of a competition will be set out in the information provided to potential entrants for that competition (for example, in the Competition Materials).
6.2 If for any reason an advertised prize is unavailable, we reserve the right at our absolute discretion to substitute an alternative prize of equivalent or greater value (including an equivalent cash prize).
6.3 For each competition, only one prize will be awarded per entrant / email address, and only one prize will be awarded per household. If we are notified or otherwise become aware that more than one prize has been awarded to the same entrant or entrants in the same household, we reserve the right to disqualify those entrants and select alternative winners in accordance with these Competition Terms.
6.4 Except as set out in these Competition Terms or otherwise specified in any applicable Competition Materials, there will be no cash or other alternative to the prize offered and prizes are not negotiable or transferable.
7. WINNER SELECTION AND NOTIFICATION
7.1 Winners shall be selected (a) for any prize draw, at random by a draw performed by a computer process or supervised by an independent adjudicator (as applicable), from all eligible entries received in accordance with these Competition Terms; or (b) for any skills competition (where you are required to submit content to us as part of the competition), by a judge or judging panel based on specific criteria. The full details of the winner selection process for each competition, including if applicable any relevant judging criteria, shall be set out in the information provided at the point of entry (for example, in the Competition Materials). All of our decisions and the decisions of any judge(s) shall be final and binding and no correspondence will be entered into regarding the outcome of any competition, except for with the winner(s).
7.2 We will make reasonable efforts to contact each winner within 28 days after the relevant selection process ('Winner Notification'). Please allow 28 days for delivery of all prizes from the date of the Winner Notification. We shall not be held responsible for any delays in awarding the prize arising from reasons outside of our control.
7.3 If a potential winner of a competition is unable to take up a prize for any reason or if the winner cannot be notified after reasonable efforts having been made then we reserve the right to select an alternative winner in accordance with the selection process outlined above without any liability to the potential winner.
7.4 The surname and counties of winners may be published on our Website and/or on our pages on Facebook, Twitter, Instagram or other social media platform. If you object to any or all of your surname or county being published or made available, please contact us at firstname.lastname@example.org We may nonetheless be required to share this information with third parties to comply with our regulatory obligations, including without limitation to the UK’s Advertising Standards Authority.
7.5 For skills competition, where winner(s) shall be selected by a judge or judging panel, we will also send the full names of the judge(s) on receipt of a request email@example.com within 2 months of the closing date or shall publish the names on our Website and/or on our pages on Facebook, Twitter or other social media platform.
8. CLAIMING PRIZES
8.1 Any specific steps that must be taken by a potential winner to claim a prize will be set out in the applicable Competition Materials and in the Winner Notification.
8.2 For prizes involving travel:
• travel arrangements are the responsibility of prize winners unless otherwise stated (for example in the Competition Materials); and
• we reserve the right to require written permission from the parent or guardian of any winner who is under the age of 16 and to require such a winner to choose as a companion someone 18 or over.
We will not be responsible if any entrant is unable to redeem their prize due to failure to comply with the requirements set out here and in the applicable Competition Materials.
8.3 Competition prizes/tickets may be restricted to certain times of the year and unless otherwise stated all prizes must be taken within 6 months of the date of the competition drawing. Any competition-specific restrictions will be notified to entrants prior to entering the competition (for example, in the Competition Materials).
8.4 Some prizes may be supplied by third parties. Where prizes are to be provided by a third party, this will clearly be explained in the information provided to potential entrants and any potential winner will be required to complete all appropriate or applicable booking or other formalities direct with such third parties. To the extent permitted by applicable laws and regulations and subject to section 12 (Our responsibility for loss or damage suffered by you), we make no warranty or representation as to the quality, value, merchantability or fitness for purpose of any prizes supplied by third parties and assume no responsibility for the acts or omissions of any other persons or companies including any third party suppliers or non-performance by those suppliers or defects in the prizes. You should refer to the terms and conditions of any third party suppliers notified to you.
8.5 A prize cannot be exchanged, refunded or transferred. Except as set out in these Competition Terms, no cash alternative is available. A prize may not be claimed by a third party on a winner’s behalf. We do not accept any responsibility if a winner is not able to take up a prize for any reason whatsoever.
9. SUBMISSION OF CONTENT
9.1 You are solely responsible for any competition entry that you submit and its content. When you submit a competition entry (including any accompany materials), you confirm that your entry does not contain content:
• that may infringe the rights of other parties, including patents, copyrights, trade secrets, trademarks, a person's data protection rights, rights to privacy or publicity rights;
• that may depict or identify minors, their personal details, their address or ways to contact them;
• that is or appears to be of commercial nature, including advertisements, sponsorships, solicitations, endorsements and public relations material;
• that is false, inaccurate or misleading;
• that may include software viruses, spyware or any other malicious applications;
• that may encourage, support, assist, or advise in the commission of a criminal offence;
• whose publication is prohibited by any applicable law; or
• that may be threatening, abusive, harassing, defamatory, libellous, vulgar, discriminatory, violent, obscene or racially, ethnically or otherwise objectionable.
9.2 Where a competition requires you to submit, post or re-post content, you must not:
• violate any rules, guidelines or instructions that we may convey regarding the competition;
• interfere with or disrupt the operation of the competition;
• engage in any action that may adversely affect other entrants, or, where a judging panel has been appointed, manipulate the judgment or evaluation of competition entries;
• disparage us or harm our goodwill or reputation;
• breach the security of our Website or social media accounts/pages or any promotion systems used or identify any security vulnerabilities in them;
• impersonate any person or entity, or make any false statement pertaining to your identity; or
• engage in any activity that constitutes or encourage conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law, including laws governing privacy, defamation, mass email, spam, export control, consumer protection, unfair competition and false advertising.
9.3 We reserve the right to remove any offensive, infringing or inappropriate posts published on our social media pages and/or published in connection with any competition, and to exclude those responsible for such posts from the competition and/or any future competitions.
9.4 Any post required for or related to a competition on social media that you publish on or through your Facebook, Instagram or Twitter account must include:
• the following hashtags: #ad (which must be placed prominently at the beginning of the post); and
• where the promotion requires entrants to share or re-tweet our posts, any links contained in the original social media post published by us (for the avoidance of doubt including a link to these Competition Terms) and any hashtags included in that post.
9.5 When you submit an entry through your social media account, you confirm that all tags associated with the content are accurate.
9.6 Any entrant that does not tag their post in accordance with these Competition Terms shall be automatically disqualified, and their entry shall be deemed to be invalid.
10. OWNERSHIP OF ENTRIES AND INTELLECTUAL PROPERTY RIGHTS
10.1 All entries (including any accompanying materials) submitted will become our intellectual property on receipt. You hereby grant ownership to us and waive any and all moral or related rights that you may have in any entry. You agree not to provide any entry in which any third party has any intellectual property, moral or related rights in the entry without procuring a transfer or waiver of those third party rights.
10.2 You agree that we may, but that we are not required to, make your entry (including accompanying materials) available on our Website, our social media pages, and any other media, whether now known or invented in the future, and in connection with any publicity of any competition.
10.3 You agree to grant to us a non-exclusive, worldwide, irrevocable licence, for the full period of any intellectual property rights and moral rights in the entry and any accompanying materials which you are unable to assign, to use, display, publish, transmit, copy, edit, alter, store, re-format and sub-licence the entry and any accompanying materials for such purposes.
10.4 You agree to execute any such documents and perform such acts as may be required or as deemed necessary by us for the purpose of giving full effect to this section.
11. SOCIAL MEDIA DISCLAIMER
11.1 The competitions are in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter and/or Instagram.
11.2 Facebook, Twitter and/or Instagram are hereby fully released (by us and by you) from all liability that may arise from any matter related to any competition, and Facebook, Twitter and/or Instagram may not be held liable for any claim arising from your participation in any competition or taking up a prize.
11.3 You acknowledge that, by your actions in re-tweeting or reposting any post, that your post shall be publicly visible, and you agree that the post may be shared by third parties in various social media outlets and that we and/or Facebook / Twitter / Instagram (as applicable) is not responsible for any reposting or other use of its posts by third parties.
12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
12.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes death or personal injury caused by our negligence (including that of our employees or sub-contractors) or for fraud or fraudulent misrepresentation.
12.2 If we fail to comply with these Competition Terms, we shall only be liable to you for losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure. Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when the contract is created.
12.3 We will not be liable for or accept any responsibility for:
• any failure by the winner or any entrant to comply with these Competition Terms;
• any disruption, delay or misdirection of entries;
• any server, system or network failures, malfunctioning or inaccessibility.
Entrant’s sole remedy is another entry in the competition, if possible.
13. WE MAY TRANSFER THESE TERMS TO SOMEONE ELSE
We may transfer our rights and obligations under these Competition 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 these Competition Terms.
14. YOU MAY ONLY TRANSFER THESE TERMS AND CONDITIONS IF WE AGREE
You may only transfer your obligations and rights under these Competition Terms if we agree in writing.
15. NOBODY ELSE HAS RIGHTS UNDER THESE TERMS
Only you and us are entitled to enforce these Competition Terms. Nothing in these Competition Terms shall give, directly or indirectly, any third party any enforceable benefit or any right of action against us and such third parties shall not be entitled to enforce any term of these Competition Terms against us.
16. INVALID PARTS OF THESE TERMS
If any part of the Competition Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Competition Terms and shall not affect the validity and enforceability of any remaining provisions of the Competition Terms.
17. EVEN IF WE DELAY IN ENFORCING THESE TERMS, WE CAN STILL ENFORCE THEM LATER
Any delay or failure by us in exercising, or any waiver by us of, our rights under or in connection with these Competition Terms will not limit or restrict the future exercise or enforceability of those rights.
18. WHAT COUNTRY’S LAW APPLIES TO ANY DISPUTE?
For each competition, the Competition Terms and any dispute arising therefrom shall be governed by English law and the parties submit to the non-exclusive jurisdiction of the English courts. This choice of law does not deprive you of any mandatory protection afforded to you under the laws of any other part of the UK in which you reside, and this choice of jurisdiction shall not limit your right to bring proceedings in any other court of competent jurisdiction, including any other part of the UK in which you reside (if and to the extent permitted by applicable law).