Please read the full extent of our terms of business.
As you make an order or transaction with Clarik Limited and make a legally enforceable agreement it is important that you read these terms and conditions to make sure that you are agreeable with them. If you are not sure about any aspect of this document please do not hesitate to call us on 01383 414117.
These Terms and Conditions will apply to the purchase of the goods by you (the Customer). We are Clarik Limited (The Supplier) a company registered in Scotland under number SC451141 whose registered office is at Unit 2, Primrose Lane Industrial Estate, Rosyth, Dunfermline, Fife KY11 2SF. The contact email address is firstname.lastname@example.org, telephone number is 01383 414117 and the FAX number is 01383 414117.
This website www.clarik.co.uk is operated by Clarik Limited. Throughout the site, the terms “we”, “us”, “the supplier”and “our” refer to Clarik Limited. Clarik Limited offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Business”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Business apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Business carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Business are considered an offer, acceptance is expressly limited to these Terms of Business.
Any new features or tools which are added to the current store shall also be subject to the Terms of Business. You can review the most current version of the Terms of Business at any time on this page. We reserve the right to update, change or replace any part of these Terms of Business by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
We offer goods for sale through:
- Our website www.clarik.co.uk
- Our catalogue
- Our branch
SECTION 1 – PRICE
Our prices may change and printed material such as our catalogue or any advertisements will show the best price at the time of publication. During the time our catalogue is valid for we may offer items at a lower price. This could be a special offer or a sale offer. Our website always just shows one price, which is the lowest price on offer. Should you order from the catalogue which quotes a higher price, you will always be charged the lower price we are quoting at the time the order is processed and this will never be greater than any price shown in the catalogue.
SECTION 2 – VAT
The prices we quote always include VAT at the relevant rate.
SECTION 3 – PAYMENT
We offer goods on a payment on order basis, which means upon placing the order, payment must be made. We accept most credit and debit cards and the branch also accepts cash. We will only process your order if the payment is made in full. We do however offer credit accounts to a limited number of businesses and trade establishments under separate terms of business. Please contact email@example.com to enquire about a trade account or call on 01383 414117.
SECTION 4 – PRODUCTS
Certain products or services may be available exclusively online through the website. These products have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 5 – SHIPPING
We will normally process your order on the same working day, as long as we receive your order before 3pm (Monday to Friday). Should an item be supplied direct from the supplier or manufacturer, this may take longer depending on the item you are purchasing or the location it is being shipped from. The website will contain advice if a product is being shipped direct from a supplier or manufacturer.
SECTION 6 – DELIVERY
Clarik Limited will ensure delivery to any address in the UK. For standard delivery, we use a national carrier and in most cases you will receive your goods the next working day. If you live in a remote area such as the highlands and islands in Scotland, delivery can take several days.
SECTION 7 – RECEIVING ORDERS
Unless expressly confirmed by you in writing, Clarik Limited will require an authorised signature when delivering goods to you.
SECTION 8 – ONLINE STORE TERMS
By ordering and of the goods on the website you agree to these Terms of Business, you represent that you are at least 18 years of age and agree to be bound by these Terms of Business.
You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any Scottish or UK laws (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 9 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 10 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 11 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 12 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 13 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 14 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 15 – PERSONAL INFORMATION
SECTION 16 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 17 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Business, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any national or international laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 18 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Clarik Limited, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by Scottish law.
SECTION 19 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Clarik Limited and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Business or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 20 – SEVERABILITY
In the event that any provision of these Terms of Business is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Business, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 21 – CANCELLATION
You can cancel this contract within 14 days without giving any reason, however the buyer is responsible for cost of postage to return any items.
Please inform us by phone on 01383 414117 or in writing at firstname.lastname@example.org as soon as possible.
If we have not already despatched your goods, we will cancel your order and issue a full refund to the credit, debit card or Paypal account used to place your order. We will make the refund as soon as possible and within 14 days of cancellation. If you have already received your goods and wish to cancel the order within 14 days, (see section 22).
SECTION 22 – UNWANTED GOODS
Upon delivery, the goods will be of reasonable quality, unopened (if sealed) and fit for purpose.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Business are effective unless and until terminated by either you or us. You may terminate these Terms of Business at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
You will be responsible to return the goods to Clarik Limited without reason as long as the goods are returned in their original packaging and unused, and you will be responsible for shipping costs. Once we receive the goods and are satisfied they are in a resoluble condition, we will issue a refund.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Business, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 23 – QUALITY ASSURANCE
If Clarik Limited do supply goods to you and fail to perform satisfactorily due to faulty materials or poor manufacturing then contact us as soon as possible. We will work with you to solve any issue you may have. This may involve a repair, providing a replacement product or giving you a partial refund. Your rights, defined in the Consumer Rights Act 2015, are not affected by these terms.
SECTION 24 – OUR ERRORS
We are constantly updating our products, prices and offers and are confident of our staff and the technology we use to make products available to you. We do realise that sometimes errors can occur, if we offer goods for sale incorrectly, we will try to honour our offer. There may be exceptional circumstances where we cannot do sound it’s not possible for us to process the order. In these cases we will make contact with you and explain the circumstances or situation. If we cannot make an amicable arrangement to complete the order, then we reserve the right to terminate the order and refund any payment made by you.
SECTION 25 – AGE RESTRICTION
Due to the nature of the products we make available for sale to you, there are age restrictions. Any order made to us, you confirming that you are 18 years or over and that the person receiving the order is also 18 years or over. To ensure we are acting within the law, we may occasionally request proof of age (either in person, be email or post) to verify.
SECTION 26 – UNEXPECTED EVENTS
If strikes, wars, power cuts, equipment failure or acts of terrorism interfere with our business with you, we will do our best to ensure your order is processed and delivered. However we will not be held legally responsible to you for for any failure which is due to unexpected events or situation which is outwit the control of Clarik Limited.
SECTION 27 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Business shall not constitute a waiver of such right or provision.
These Terms of Business and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Business).
Any ambiguities in the interpretation of these Terms of Business shall not be construed against the drafting party.
SECTION 28 – THE LAW
These Terms of Business and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Scotland for Clarik Limited, Unit 2 Primrose Lane Industrial Estate, Rosyth,, Dunfermline, FIF, KY11 2SF, United Kingdom. Any disputes will be actioned by the Scottish Courts.
SECTION 29 – LEGAL RESPONSIBILITY
Nothing in these terms of business should affect your legal rights as a consumer or any liability we cannot limit or exclude by law. This includes our legal responsibility under section 2(3) of the Consumer Protection Act 1987. We will not compensate for delivery delays or failures that are are outside our control. We will not be legally responsible to you for any losses which both we and you did not expect at the time the goods were ordered. If you are a trade customer, we will not be legally responsible to you for any business losses.
SECTION 30 – CHANGES TO TERMS OF BUSINESS
You can review the most current version of the Terms of Business at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Business by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Business constitutes acceptance of those changes.
SECTION 31 – CONTACT INFORMATION
Questions about the Terms of Business should be sent to us at email@example.com.