Terms and Conditions ClaytonsOnline

The terms and conditions are split into 3 sections:

Terms of Purchase

Welcome to the Claytons On-Line Shop, where you will find a choice of products specially selected for those of our clients who would like to shop on-line. Although much effort has gone into producing high quality images of our product selection, we cannot guarantee that your monitor will correctly replicate the colours.

Use of the Claytons Web site is subject to the general Terms and Conditions of use which, unless stated otherwise, also apply to use of the On-Line Shop. Additionally, On-Line Shopping with Claytons is subject to the following Terms of Purchase which contain important information about ordering products, payment and delivery. Claytons reserves the right to modify these Terms of Purchase ("Terms") from time to time.

In these Terms, references made to "We" and "Us" mean J T Clayton Ltd, and "You" means you, one of Claytons On-Line Shop clients.

  1. Placing your order
  2. Access and use of Claytons On-Line Shop
  3. Acceptance
  4. Payment
  5. Delivery and insurance
  6. Cancellations and returns
  7. Gifts
  8. Privacy policy
  9. Applicable Law
  10. Company Information
  1. PLACING YOUR ORDER
    1. To place an order, you should be lawfully capable of entering into and forming a valid contract in accordance with English law.
    2. In order to make purchases through the Site, you will need to create an on-line account the first time you use the Claytons On-Line Shop and you will be requested to provide information about yourself as indicated so that we may process your Order. You represent and warrant that the information provided by you is both valid and correct.
    3. Once you have chosen a product, click on the image to access the product page where information on sizing, colour options etc. will be provided. All product prices shown in the Claytons On-Line Shop are in GBP (£) and are inclusive of VAT but do not include delivery costs which will appear in the order confirmation. All prices and offers remain valid as advertised from time to time.
    4. If you are happy with your choice, click on the "Add to Cart" button.
    5. You can monitor the products you have chosen by clicking on the "Basket" button at any time. You can also remove an item by clicking on the "Remove" button next to the chosen product.
    6. When you are ready, choose a delivery method, proceed to "Checkout" and follow instructions. Please ensure that you provide information as requested.
    7. Once you have confirmed your order, we will issue you with a Claytons Order reference number, which will appear in your order confirmation. Please ensure that You save this number for reference.
    8. On placing an order with Claytons, You are making an offer to Us to purchase the products selected in accordance with these Terms. Please note that We may not always be able to accept your offer (see Acceptance). All orders are subject to availability and acceptance.
  2. ACCESS AND USE OF CLAYTONS ON-LINE SHOP
    1. Claytons On-Line Shop is only available to On-Line Shoppers who meet our terms of eligibility, who have been issued with a valid payment card by a reputable bank, and who have agreed and authorise Claytons to process a charge or charges on their payment card in the amount of the total purchase price for the products they choose to purchase (see PAYMENT).
    2. Please note, that, by making an offer to purchase merchandise, You expressly authorise Us to perform the appropriate credit checks. Furthermore, where Claytons feels necessary, to transmit or to obtain additional information to efficiently process Your order, including any updated information about you, to or from third parties from time to time, including but not limited to your payment card number or credit reports, to authenticate your identity, to validate your payment card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
  3. ACCEPTANCE
    1. Once you have made your choice and your order has been placed, you will be required to enter your payment details. When you have completed this process, please click on the "Make Payment" button.
    2. Your order will be acknowledged by an Order Confirmation message which allows you to make a final review of your order, including your payment reference giving details as registered by our system. This message is NOT an acceptance of your order.
    3. Claytons will also send you an Order Confirmation email containing information as set out above and a second email informing you when your order is despatched.
    4. Unless you cancel your order in accordance with our Cancellation Policy below, acceptance of your order and completion of the contract between you and Claytons will take place when we despatch the goods to you. The sale contract is therefore concluded in Bedford, England and the language of the contract is English at that time.
    5. We reserve the right not to accept your order. Such non-acceptance may result, for example, from the fact that a product ordered is out of stock or that we are unable to obtain authorisation for your payment or that you do not meet the terms of eligibility set-out above.
    6. Furthermore, we retain the express right not to process a transaction at any time at our sole discretion. In this event, We will not be liable to You or any third party by reason of our withdrawing any merchandise from Claytons On-Line Shop, whether or not such products have been sold.
  4. PAYMENT
    1. We accept major payment cards, namely MasterCard, Visa, American Express, Diners Club, Switch Maestro and Solo. Payment will be debited and cleared from your account upon receipt of your order by Claytons. You confirm that the credit/debit card that is being used is yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer.
    2. If the issuer of your payment card refuses to authorise payment to Claytons, we will not be able to process your order and a message will appear informing you that the transaction cannot be processed.
    3. Claytons, together with its partners, takes all reasonable care to make its On-Line Shop as secure as it can. All payment card transactions on this site are processed using a secure online payment gateway, that encrypts Your card details in a secure host environment. We do not hold your payment card details on the Claytons server.
    4. To help ensure that your shopping experience is safe, simple and secure, Claytons uses Secure Socket Layer (SSL) technology. This encrypts and protects the data You send to Us over the internet. When SSL is enabled, You will see a padlock at the bottom of your browser and You can click on this to find out information about the SSL digital certificate registration.
    5. However, although we will employ all reasonable care to ensure that details of your order and payment are held secure, we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from Claytons On-Line Shop.
  5. DELIVERY AND INSURANCE
    1. Claytons delivers in the United Kingdom (England, Northern Ireland, Scotland and Wales) and Internationally (including the Channel Islands).
    2. Products will be delivered to the delivery address as shown in Your Order Confirmation.
    3. Our chosen courier for Delivery is ParcelForce and we strive to ensure that all orders are received within seven (7) working days. However, if can not always be guaranteed.
    4. Claytons insures each purchase during the time it is in transit until it is delivered to you. You will be asked to sign for any goods delivered at which point responsibility for your purchased goods passes to You.
    5. Claytons will store a record of your transactions for a minimum of one year. Please note that for your security only a record of your transaction is kept on the Claytons web site, your payment card details are not held on the Claytons Web site
    6. We charge a standard £15 for international shipping. Where the delivery costs dramatically exceed this amount, we will come back to our customers with a quote for this increase shipping.
  6. CANCELLATIONS AND RETURNS
    1. Your satisfaction is our number one priority. If you wish to modify, exchange or cancel your order please contact our Customer Service at info@claytonsmenswear.co.uk or call +44 (0)1234 332367 for an Order Cancellation number stating your wish to cancel, modify or return your order.
    2. Sometimes it will not be possible to stop an order from being despatched, because we endeavour to process orders on the same day. If your order has already been fully processed and despatched, please follow the returns policy.
    3. If you wish to cancel your order, you are entitled to do so within eight (8) working days of delivery and obtain a full refund of the purchase price of the delivered products.
    4. Returns, exchanges and late cancellations. If you are not happy with your goods or need to exchange an item for a different size you may cancel your order at any time during the aforementioned cancellation period by providing us with a notice of cancellation. The cancellation period commences as of the date you receive our email acknowledging receipt of your order and ends on the eighth working day following receipt of the merchandise by you or, in the case of gifts, the person who received them.
    5. In the event of returns, exchanges or cancellations, we require that you return the new and unused goods to us in their original packaging with suit covers and other protective materials as well as all the original labelling attached.
    6. PLEASE NOTE: New and unused means that there are no marks on the item or any wear on the tags. We do not sell used items and will not accept any item with any indication that it was used. In such cases, the item will be returned to the purchaser at the purchaser's cost. Claytons is not responsible for any item that is not returned in the manner set forth above. Please discuss any additional questions you may have with a customer service representative when you contact us for an Order Cancellation number.
    7. Claytons does not offer a free postal return service.
    8. Although we make every effort to ensure that you receive the products ordered, please let us know as soon as possible if this is not the case. We are happy to refund postage cost in the event that a) you return the products within eight (8) working days of delivery, b) and that the product is not what was ordered or c) the product is flawed. We would ask for a copy of the proof of postage detailing the postage costs. In all other cases product returns and cancellations are subject to the payment of the transportation charges by you and We require that they be returned within fourteen (14) days of the date of delivery.
    9. Claytons do not accept any form of liability for the loss or damage of returned goods. Our address for all returns is

      Claytons (Returns)
      7 – 10 The Arcade
      Bedford
      Bedfordshire
      MK40 1NS
      United Kingdom
    10. In the event of any failure to return any goods to us as set out in these Terms within the stipulated time limits, even though validly cancelled, we shall have the right to charge any costs relating to the recovery of the goods. For further information you can contact one of our customer service representatives on call +44 (0)1234 332367 who will be happy to talk you through the procedure or send an email to info@claytonsmenswear.co.uk
    11. Refunds to you will be made within 30 days of the date of cancellation notice. All undamaged, correctly returned products will be credited to the original purchaser's payment card including VAT but excluding shipping charges and recovery costs. We do not offer Claytons store credits.
  7. GIFTS
    1. If the goods ordered from Claytons were a gift and the recipient wishes, for example, to exchange an item for a different size, she/he may return the Gift at any time during the eight (8) working days from the day after she/he receives the goods. Her/his right to return goods is subject to compliance with our Returns policy.
    2. The person having received the gift may exchange the item for another one of the same value or more provided they pay the price difference together with any additional shipping costs.
  8. PRIVACY POLICY
    1. Claytons is committed to protecting the privacy of its on-line Clients in providing a secure On-Line Shop for electronic commerce transactions
    2. When ordering products from Claytons On-Line Shop, You will be asked to provide personal information including your name, delivery address, telephone number, product selections as well as payment card details. All the Personal Information provided by you will be used to process your orders and is collected with your knowledge and express authorisation upon opening an On-Line Shop account. Consequently, some of this information will be shared with our partners, and in particular ParcelForce.
    3. Information provided at the time of making an order will be used to process the order including payment and delivery. If you have activated the consent box, you will also receive information on our products and promotions we feel may be of interest to you.
    4. Your Personal information may also be used for marketing research relating to Claytons. It will not be used for any unsolicited communication to users unless so authorized by them. Claytons will use its best endeavors to ensure that such data is kept secure at all times. Other than as set out herein, Claytons does not sell, rent or otherwise make available any Personal Information relating to its on-line Clients to other third parties unless required to do so by law. Upon request, Claytons will remove users’ personal information from its database thereby canceling their on-line account.
    5. Upon request, You may access and/or request that any erroneous information concerning your Personal Data be corrected in particular in the event that your personal details change.
    6. We use cookies to help keep track of your current shopping session and shopping basket content. If you do not accept cookies, you will not be able to use the On-Line Shop.
    7. Any request concerning personal data and/or cancellation of registration to any services provided through the Web Site should either be e-mailed to info@claytonsmenswear.co.uk or sent to:
      JT Clayton Ltd
      7 – 10 The Arcade
      Bedford
      Bedfordshire
      MK40 1NS
      United Kingdom
      The host server for this Website is located in the United Kingdom and differences are subject to the courts of England and Wales and United Kingdom data protection laws.
      We trust our privacy policy demonstrates our commitment to protecting your privacy.
  9. APPLICABLE LAW
    1. These Terms shall be governed by and construed in accordance with the laws of England and Wales and any disputes will be submitted the jurisdiction of the English courts.
    2. Claytons reserves the right to make changes to these Terms, notably in line with any revised legislation. Please check back from time to time to ensure you are aware of any changes in our privacy policy practices. Your continued use of our site will signify your acceptance of these changes.
    3. © 2004 JT Clayton Limited. All Rights Reserved. Material published on this Web Site is copyrighted by Claytons or its licensors. All rights reserved. All third party trademarks mentioned or displayed are the property of their respective owners.
  10. COMPANY INFORMATION

    JT Clayton Limited
    7 – 10 The Arcade
    Bedford
    Bedfordshire
    MK40 1NS
    United Kingdom

    Telephone +44 (0)1234 352429
    Fax +44 (0)1234 267235
    Email info@claytonsmenswear.co.uk

    The Register of Companies for England and Wales:
    Registration No. 597202
    VAT No. 196271144

    Managing Director:
    Timothy G. Garner

TERMS AND CONDITIONS OF USE

This Internet web site ("Web Site") is provided by JT Clayton Ltd. ("Claytons"). Your use of this Web Site is subject to the following terms and conditions ("Terms"). On-line customers should also refer to the Terms of Purchase. Claytons may revise these Terms from time to time by updating this posting, with the revised Terms taking effect for all users as of the date stated on the posting. Consequently, users should consult the Terms regularly.

Please read these Terms carefully before using the Web Site.

By using the Web Site, users signify their assent and agreement to these Terms. If user does not agree to these Terms, then he/she may not use the Web Site.

Use of Materials on this Web Site

Claytons maintains this Web Site for your personal information and education. You may download one computer copy or print one copy of the material on this Web Site for your own non-commercial, educational, private or domestic use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. You should assume that everything you see or read on the Web Site (such as images, photographs, illustrations, icons, texts, video clips, written and other materials) ("Claytons Material") is copyrighted and protected under treaty provisions and worldwide copyright laws, unless otherwise noted. You may not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, report or otherwise use any Claytons Material in any way for any public or commercial purpose. Furthermore, you may not use or display Claytons Material on any other web site or in a networked computer environment for any purpose. If you violate any of these Terms, your permission to use Claytons Material will automatically terminate and you must immediately destroy any copies you have made of Claytons Material. Any unauthorized use of Claytons Material by you may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. You may not establish a link to the Claytons Web Site from a third party site without our prior written permission.

Your Submissions

Any communication or material you transmit to the Web Site by electronic mail or otherwise, excluding personally identifiable data about yourself, but including, but not limited to, any data, questions or answers, comments, suggestions, or the like will be treated as non-confidential and non-proprietary by Claytons. By posting communications to the Web Site, you automatically grant Claytons a royalty-free, perpetual, irrevocable non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such communication(s) alone, or as a part of other works in any form, media, or technology whether now known of hereafter developed and to sublicense such rights to anyone. Anything you transmit or post may be used by Claytons and its affiliated companies for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting, or developing, manufacturing and marketing products using such information.

Privacy Statement

Claytons is committed to protecting the privacy of visitors to its Web Site. Claytons analyses aggregate and non-personally identifiable data relating to usage of the Web Site. In accordance with UK data protection legislation, any personal information collected is done so with the knowledge and authorisation of users upon registration, request or submission to the Web Site. Information provided at the time of registration or submission will be used to provide the requested information and may be used for marketing research relating to Claytons. It will not be used for any unsolicited communication to users unless so authorised by them. Claytons will use its best endeavours to ensure that such data is kept secure at all times. Moreover, Claytons does not sell, rent or otherwise make available any personal data submitted by visitors to its Web Site to any third parties unless required to do so by law. Upon request, Claytons will remove users personal information from its database thereby cancelling their registration. Furthermore, upon request, registered visitors may access and/or correct any erroneous information.

Any request concerning personal data and/or cancellation of registration to any services provided through the Web Site should either be e-mailed to info@claytonsmenswear.co.uk or sent to:

JT Clayton Ltd
IT Department
7 – 10 The Arcade
Bedford
Bedfordshire,
MK40 1NS
United Kingdom

The host server for this Website is located in the United Kingdom and differences are subject to the courts of England and Wales and United Kingdom data protection laws.

We trust our privacy policy demonstrates our commitment to protecting your privacy.

Disclaimer

The information on this site is intended for general information purposes only. Claytons tries to ensure that the information on this site is accurate and complete. Claytons does not warrant or represent that Claytons Material is accurate, error-free or reliable or that your use of Claytons Material will not infringe rights of third parties. Your use of the Web Site is at your risk. Claytons does not warrant that the functional aspects of the Web Site or Claytons Material will be error free or that this Web Site, Claytons Material or the server that makes it available are free of viruses or other harmful components. If your use of this Web Site, or Claytons Material results in the need for servicing or replacing property, material, equipment or data, Claytons is not responsible for those costs. Without limiting the foregoing, everything on the Web Site is provided to you "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, REASONABLE CARE AND SKILL, OR NON-INFRINGEMENT. Claytons and its suppliers make no warranties about the Claytons Material, software text, downloads, graphics, and links, or about results to be obtained from using the Web Site. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

Trademark Notice

The trademarks, logos and service marks (collectively the "Trademarks") which you see on this site are registered and unregistered trademarks of Claytons are licensed to Claytons by third parties. (you will need to mention any proprietary marks such as Adobe if they feature in the Web site) .Nothing contained on the Web Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this Web Site without the written permission of Claytons or such third party who owns the trademark. Your misuse of any trademark displayed on the Web Site, or any other content on the Web Site, except as provided herein, is strictly prohibited.

Copyright Notice

All contents of this Web Site are: Copyright ©2001-2004 JT CLAYTON LTD. All rights reserved.

Links

On this site you may be offered links to other sites operated by parties other than Claytons. The inclusion of any link to such sites does not imply endorsement by Claytons of those sites. Claytons has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages or any other sites linked to this Web Site. Your linking to any other off-site pages or other sites is at your own risk.

Termination

You agree that Claytons may terminate your use of the Web Site if Claytons reasonably believes that you have violated or acted inconsistently with the letter or spirit of this Agreement, or violated the rights of Claytons or any third party, or for any reason with or without notice to you. You agree that Claytons may modify or discontinue this Web Site, with or without notice to you. You agree that Claytons will not be liable to you or any third party as a result of such modification or discontinuation. The provisions entitled "Disclaimer," "Limitation of Liability," and "General Provisions" will survive termination of these Terms.

Limitation of Liability

Under no circumstances whatsoever shall Claytons be liable for any loss arising out of or in connection with the use of information available from this Web Site whether direct or indirect including, without limitation, any liability relating to any loss of use, interruption of business, lost profits or lost data, or incidental, special or consequential damages of any kind regardless of the form of action, whether in contract, tort (including negligence) or otherwise, even if Claytons has been advised of the possibility of such damages. Because some states and countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

General Provisions

Unless otherwise specified, the information and materials in the site are presented solely for the purpose of promoting the products and services of Claytons. Claytons makes no representation that Claytons Material is appropriate or available for use in every country of the world. You use this Web Site at your own risk and are responsible for compliance with applicable local laws, keeping in mind that access to Claytons Material may not be legal by certain persons or in certain countries. Our products are available in many parts of the world. However, this Web Site may describe products that are not available worldwide. Any cause of action you may have with respect to this Web Site must be commenced within two years after the claim or cause of action arises. These Terms will be governed by and construed in accordance with the laws of Great Britain without regard to its conflicts of law provisions. The waiver by Claytons of a breach of any provision of these Terms will not operate to be interpreted as a waiver of any other or subsequent breach.

Date of Posting: December, 2004

Publisher:
JT Clayton Limited
7 – 10 The Arcade,
Bedford,
Bedfordshire,
MK40 1NS,
United Kingdom

Telephone +44 (0)1234 352429
Fax +44 (0)1234 267235
e-mail info@claytonsmenswear.co.uk

The Register of Companies for England and Wales:
Registration No. 597202

Managing Director:
Tim G. Garner

Terms of Hire

  1. Please return garments on the day immediately following the date of hire. Suits hired on a Saturday must be returned on the following Monday (or Tuesday, if the Monday is a Bank holiday). Late returns will result in the loss of the booking deposit and will be charged at the normal hire rates. Extended periods of hire can be arranged.
  2. Customers are advised to check immediately upon collecting the hired garments that they are complete, are the correct sizes and are in good condition. It remains the hirer’s responsibility to let the Hire Shop know of any problems as soon as possible so that any discrepancies can be rectified. Claytons Hire shop can not be held liable for any loss or inconvenience suffered by a customer which could have been avoided by complying with the above advice.
  3. Claytons Hire Shop reserves the right to amend orders by one size if necessary.
  4. The booking deposit required for each suit or garment is returnable after their safe and timely return. This is not refundable upon cancellation of an order.
  5. It remains the responsibility of the named hirer, (parent or guardian in the case of children) for the safe and timely return of the hired garments.
  6. All lost or damaged garments are chargeable.
  7. In the interests of your security, Claytons Hire Shop requests that any order amendments or cancellations be put in writing.
  8. An address and daytime telephone number are required for each individual hirer, (parent or guardian in the case of children).

Terms of Trade: Bridal

You may return any WEDDING GOWN that you are unhappy with and receive a refund. You must notify us of your intent to return any wedding gown within 2 days of it's delivery. You will be charged a return/restocking fee of £20.00 and you will be responsible for all shipping costs. We will send you the proper authorisation label which must be included in the box being returned. Any gown returned without the return authorisation label will be refused. You may not exchange this gown for another size, as we expect you to MEASURE YOURSELF with a TAPE MEASURE before you order. All gowns must be received in original shipped condition, unworn, unaltered, and with all packaging. All returns gowns must be received within 7 days of receipt of the authorisation label. There are NO RETURNS/EXCHANGES Prom dresses, Bridesmaids dresses, Mother of the bride gowns or Flower girl dresses. ALL SALES ARE FINAL. A white or ivory bridesmaid, mother of the bride, or any other evening gown does not qualify as a wedding gown for return purposes.

These gowns generally have been store models, samples and showroom originals and are recently discontinued. Brides have tried on most. They have not been worn to actual weddings and are not used outside the show room; however a few missing or loose beads may be possible as well as dust at the hemline. Most of these gowns will not need dry cleaning, however you must be the one to make that decision once you have received the gown. There may be some minor repairs needed; however these things will be well worth it considering the value that you are receiving.