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Yankee Candle Store at Clintons
This website www.clintonsretail.com ("the Site") is owned and operated by Esquire Retail Limited t/a Clintons ("us", "our" or "we").
This document is only available in English.
The following constitutes a legal agreement between a user ("you") and us with respect to our website service, the terms of which are set out below. By checking the box when placing an order and indicating your acceptance of these Terms and Conditions, you represent that (i) you have read, understood and agree to be bound by this Agreement and (ii) you are at least 18 years old, either entering into this Agreement for yourself or entering into it on behalf of your child or a child in your legal care. If you are a parent or guardian entering this Agreement for the benefit of your child, please be aware that you are fully responsible for his or her use of this Site, including all legal liability that he or she may incur. Each registration is for a single user only. We do not permit you to share your name with any other person nor with multiple users on a network. If you do not agree to (or cannot comply with) any of these terms and conditions, do not check the acceptance box and do not attempt to access the Site.
Our Site is established to enable you to choose and purchase products from our Site ("Products") that we offer for sale online.
Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Site without notice (see below). We will not be liable if for any reason our Site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our Site, or to our entire Site, to users who have registered with us.
2.1 Our website service permits you to purchase our Products from this Site. These purchases can be made and are permitted strictly pursuant to the terms and conditions set out below.
2.2 Your order constitutes an offer to us to buy a Product. After placing an order, you will receive an email from us. This email is an Order Confirmation to notify you of the fact we have received and accepted your order.
2.3 Your purchase order cannot be accepted until payment in full for the Products ordered has been received by us at which time a legally binding agreement on the terms set out herein will become effective.
3.1 We may from time to time provide interactive services on our Site and where we do so we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
3.2 We will do our best to assess any possible risks for users (and in particular, for minors) from third parties when they use any interactive service provided on our Site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our Site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
3.3 The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
3.4 Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
3.5 These content standards apply to any and all content which you contribute (“Contributions”) to any interactive services on our Site.
3.6 You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
3.7 Contributions must:
3.7.1 Be accurate (where they state facts).
3.7.2 Be genuinely held (where they state opinions).
3.7.3 Comply with applicable law in the United Kingdom and in any country from which they are posted.
3.8 Contributions must not:
3.8.1 Contain any material which is defamatory of any person.
3.8.2 Contain any material which is obscene, offensive, hateful or inflammatory.
3.8.3 Promote sexually explicit material.
3.8.4 Promote violence.
3.8.5 Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
3.8.6 Infringe any copyright, database right or trade mark of any other person.
3.8.7 Be likely to deceive any person.
3.8.8 Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
3.8.9 Promote any illegal activity.
3.8.10 Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
3.8.11 Be likely to harass, upset, embarrass alarm or annoy any other person.
3.8.12 Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
3.8.13 Give the impression that they emanate from us, if this is not the case.
3.8.14 Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
3.9.1 We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our Site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
220.127.116.11 Immediate, temporary or permanent withdrawal of your right to use our Site.
18.104.22.168 Issue of a warning to you.
22.214.171.124 Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
126.96.36.199 Further legal action against you.
188.8.131.52 Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
3.10 We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
3.11 As a provider of content to the Site for any Products whether such content is in the form of text, graphics, photographs or any other form of content you CONFIRM AND WARRANT that:-
3.11.1 all Intellectual Property uploaded by you to the Site is your property or property that is licensed to you under an express written agreement which entitles you to upload the Intellectual Property to the Site;
3.11.2 your Intellectual Property does not and will not infringe the Intellectual Property rights or any other rights of any person or entity;
3.11.3 your Intellectual Property will not be defamatory, vulgar, seditious, offensive, indecent, obscene, pornographic, abusive, false, misleading, discriminatory, racist, illegal, potentially libellous, inflammatory, blasphemous, in breach of confidence, in breach of privacy, or likely to encourage the same or to bring the Site or our name into disrepute. We are the sole arbiters of whether or not your Intellectual Property falls into any of these categories;
3.11.4 your Intellectual Property will not breach any applicable law whether criminal or civil nor will it give rise to the commission of a wrongful act of any sort;
3.11.5 your Intellectual Property will not be technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
3.11.6 you will not permit any advertising or sponsorship on the Site; and
3.11.7 you will only use the Site for the purposes referred to in this Agreement and will not access the Site or use information gathered from it to send unsolicited emails;
4.1 The price to be paid by you for any Products will be as quoted on our Site except in cases of obvious error. We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an order confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an incorrect pricing.
4.2 Our prices include VAT but exclude delivery costs, which will be added to the total amount due before completion of your order and as set out in our Delivery Terms.
4.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an order confirmation.
4.4 Our Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our Site may be incorrectly priced. We will normally verify prices as part of our order confirmation procedures, so that where a Product's correct price is less than our stated price, we will charge the lower amount when sending you an order confirmation. If a Product's correct price is higher than the price stated on our Site, or we are no longer able to supply a particular Product for some reason, we will contact you by e-mail to advise you and/or to obtain your confirmation that the amended price is acceptable.
4.5 Payment for all Products must be by credit or debit card and those accepted by us are those listed on our website on the date when your order is placed. We will not charge your credit or debit card until we send you an order shipped confirmation.
4.6 All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses, or for any reason does not authorise payment to us, whether in advance of or subsequent to a payment, we will not be liable for any delay or non-delivery of the Products ordered.
5.1 The Products ordered by you will only be delivered to the delivery address provided by you to us.
5.2 If for any reason no one is present to receive delivery of the Products which cannot fit through a letterbox at the delivery address you have provided to us our courier will leave a calling card and/or attempt further deliveries after which the Products will be returned to us and we will retain the same pending your further instructions. Upon payment of a further delivery charge by credit card, we will arrange a further delivery to or for you.
5.3 In order for us to hand over the ordered Products upon delivery, the recipient must sign that the Products are in good condition. Thereafter, we will no longer be responsible for actual delivery of the Products to you.
6.1 The Products will be at your risk from the time we deliver them to you or the recipient designated by you.
6.2 Ownership of the Products will only pass to you when we receive full payment of all sums due for them, including delivery charges.
7.1 You will not have any right to a refund in respect of any Product purchased on our Site which, through our interactive service, has been put together solely for you at your specific selection unless the Product is faulty or does not meet the specifications of your order.
7.2 We do hope that you will be pleased with your purchase. However, If for any reason you are unhappy with the Products you have received from us, then we will be happy to refund or exchange the same, subject to our Website Refunds & Returns Policy. Additionally, if upon delivery of the Products you find that they are not those ordered by you or the order is incomplete, or a Product is in a damaged condition when you receive it, please notify us immediately by telephone on 0208 502 3711. If a Product is not as on the Order Confirmation or damaged we will credit or refund your purchase and photographic evidence will be required from you. In the case of damaged goods you must retain the damaged Products and all packaging for inspection by us. Subject to our report on the claimed damage and to these Terms and Conditions we will refund the price you paid for the returned Products together with the delivery charge. We will have no liability to you for any indirect loss. Please state clearly your dispatch details in all communications to us.
7.3 We will only make a refund to the original credit card or debit card account used by you to make the online purchase. Legal ownership of the goods will immediately revert to us if we refund any such payment to you.
7.4 We have made every effort to display as accurately as possible the colours of our products that appear on our Site. These cannot be guaranteed to match the colours on your screen.
7.5 We will not accept the return of any Products which have been purchased from any outlet other than this online Site.
7.6 The provisions of this clause do not affect your statutory rights.
8.1 We have the right to revise and amend these Terms and Conditions from time to time, for example, to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
8.2 You will be subject to the policies and Terms and Conditions in force at the time that you order Products from us, unless any change to those policies or these Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms and Conditions before we send you the order confirmation (in which case we have the right to assume that you have accepted the change to the Terms and Conditions).
YOU AGREE that:-
9.1 it is your responsibility to provide accurate personal information ("Personal Data") and to update your Personal Data as necessary to keep it accurate. You undertake that all the details you provide to us for the purpose of selling and delivering Products to you are correct and that the credit card or debit card that you propose to use is your own or that of a third party who has given you full permission and authority to use it and that you or such third party have sufficient funds to meet the costs of Products ordered. We will not store your credit card or debit card details anywhere in the Site;
9.3 it is your responsibility to maintain the confidentiality and security of your Personal Data especially your name, user name and password. You will not allow others to use your name, user name and password and you will notify us immediately of any unauthorised use of your name, user name and password. We shall not be responsible for any losses arising out of the unauthorised use of your name, user name or password and you agree to indemnify and hold us harmless, for any improper, unauthorised or illegal uses of the same.
9.4 we shall be entitled to withdraw from any purchase order made by you if the Product is inaccurately described on the Site or where obvious errors have been made;
9.5 whilst we will utilise anti-virus protections, it is your obligation to ensure that any use you make of our Site is free of any virus, Trojan horse, worm or any other items of a destructive nature. You will not hold us responsible for any damages that result from you accessing the Site (including any software or systems you use to access the Site).
9.6 you will not attempt or permit or encourage others to attempt to copy or make use of any intellectual property appearing on our Site for any commercial use or in any manner which would constitute an infringement of our copyright.
9.7 variation in computer, browser and operation will create differences in visual layout and usability of the Site. We have given due care and attention to minimising these differences, but cannot be held responsible for specific operational differences.
The computer, internet access and system operated by you and your ability to use the same may affect your ability to purchase any Products from our Site. You acknowledge and agree that any system requirements necessary to preview, and /or view and/or purchase any Products from our Site are your responsibility.
11.1 We reserve the right to suspend or terminate your access to the Site or parts of it if at our sole discretion we believe you are in breach of any provision of this Agreement. If your access has been suspended or terminated you will not be permitted to re-register or to re-access the Site without our prior consent.
11.2 You will only use the Site for the purposes referred to in this Agreement and not access the Site or use information gathered from it to send unsolicited emails.
You agree to indemnify and hold harmless us, our directors, employees and consultants from and against any and all claims, losses, demands, causes of action and judgments (including solicitors' or attorneys' fees and court costs) arising from or concerning any breach by you of this Agreement and/or these Terms and Conditions for your use of the Site and you agree to reimburse us on demand for any losses, costs or expenses we incur as a result thereof.
13.1 You may not transfer or otherwise deal with your rights and/or obligations under these Terms and Conditions.
13.2 We may sub-contract, transfer or otherwise deal with our rights and/or obligations under these Terms and Conditions in whole or in part.
14.1 We may require you to change your password or any other information which permits you access to purchase Products from the Site.
14.2 We have the right to withdraw any Product from the Site for any reason without notice to you and you agree that we will not be responsible for any loss, damage or cost as a result of such unavailability.
14.3 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased.
14.4 We will not be liable for errors or omissions on the Site nor for loss or damage suffered by you as a result of any unavailability of the Site or by any use by you or reliance placed on the Site or its contents including any damage caused to your computer or otherwise howsoever, or any direct, indirect or consequential loss or loss of data.
14.5 We shall not be liable to you for the failure of any equipment, data processing system or transmission link and will not be liable to you as a result of any down-time which may occur upon the Site.
14.6 The Site is provided "as is" and you acknowledge that despite our reasonable endeavours the Site may contain bugs, errors and other problems (including, but not by way of limitation) infection by viruses (despite anti-virus protections which may be incorporated) or anything else which may cause contamination or destruction of any sort that may cause system failures. Notwithstanding, we will use all reasonable endeavours to correct any errors and omissions as quickly as practicable after being notified by email to [email protected]
14.7 We shall not be responsible to you for damages or otherwise in respect of any error made to any listing of or reference to Products.
14.8 We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently the Site (or any part thereof) without notice to you and without any liability to you or to any third party.
14.9 We reserve the right to deactivate your account if it has not been active for a period of 36 months or more, and to remove it from the database if no communication has been received from you for a further 3 months after deactivation has occurred.
14.10 Links to third party websites on the Site are provided solely for your convenience. If you use these links, you leave the Site. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk.
14.11 You may not include a link to our Site, or display the contents of our Site, surrounded or framed or otherwise surrounded by content not originating from us without our consent. Any unauthorized framing of or linking to the Site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress and may result in the termination of this Agreement or other remedies as set out in this Agreement.
14.12 It is the responsibility of advertisers and sponsors on this Site to ensure that any content submitted by them for inclusion on the Site complies with applicable laws and regulations and we shall not be responsible for or liable to any extent for any error or inaccuracy which may appear in such content.
15.1 All intellectual property content on the Site including, without limitation trademarks, button icons, logos, graphics and images is owned by us or licensed to us and is protected by International Copyright laws. Your use of them is governed by this Agreement, certain end-user licence agreements, and applicable law.
15.2 You will infringe our rights if you copy or reproduce any part of the Site save for:
15.2.1 a temporary copy of any part of the Site which is automatically made or retained by your browser as you browse the Site; or
15.2.2 you printing out any pages from the Site as a record of any Products you have purchased from it; or
15.2.3 you printing out a copy of the Terms and Conditions which we would request you to do; or
15.2.5 your own personal use provided that:
184.108.40.206 no documents or related graphics on the Site are modified in any way;
220.127.116.11 no graphics on the Site are used separately from the corresponding text; and
18.104.22.168 the Company's copyright and trade mark notices and this permission notice appear in all copies. Other than for the above five exceptions you must not copy the intellectual property in question for any purpose.
15.3 For the purposes of this Clause 15 "copy" and "copying" shall include non-literal copying as well as the copying of the structure and form of the Site and any elements within it.
16.1 To the extent that in a particular circumstance any disclaimer or limitation on damages or liability set out in this Agreement is prohibited by any law which is applicable, then, instead of the provisions hereof in such particular circumstance, we shall be entitled to the maximum disclaimers and/or limitations on damages and liability available at law or in equity by such applicable law and in no event shall such damages or liability exceed ten pounds (£10).Concerning the Site:
16.2 You understand and agree that your use of the Site is at your own sole risk. The Site is provided "as is" and without warranty by us, and, to the maximum extent allowed by applicable law, we expressly disclaim all warranties, express or implied including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, and any warranty of non-infringement. We do not warrant, guarantee, or make any representations regarding the use or the results of the use of the Site with respect to performance, accuracy, reliability, security capability or otherwise. You will not hold us responsible for any damages that result from you accessing (including any software or systems you use to access) the website service or using the Site including, but not limited to, infection by virus, damage to any computer, software or systems or portable devices you use to access the same. No oral or written information or advice given by any person shall create a warranty or a representation from us.
16.3 We make no warranty that any particular device or software you use will be compatible with this Site. It is your sole responsibility to ensure that your system(s) will function correctly with this Site.
16.4 Under no circumstances shall we be liable for any unauthorised use of the Site or the Products.
16.5 Under no circumstances shall we be liable to you for any direct, indirect, consequential, incidental or special damages arising out of your use of or inability to use the Site, even if we have been advised of the possibility of such damages.
Concerning the Products:
16.6 We cannot accept responsibility for damage caused by you if the products are damaged during transit to your home provided that you have signed our “delivery receipt” confirming that the goods were in good condition and undamaged at the point of delivery.
16.7 Under no circumstances shall we be liable to you in respect of any complaint concerning any aspect of any Product which is not raised by you within [24 hours] of delivery by us.
This Agreement is only for the benefit of you and us and no other person can claim a benefit from this Agreement by virtue of the Contracts (Rights of Third Parties) Act 1999 which Act shall not apply to this Agreement.
This Agreement and any other terms or documents referred to herein represent your entire agreement with us with respect to your use of this Site. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with the applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. English Law governs this Agreement and your use of the Site, and you expressly agree that the English courts shall have exclusive jurisdiction over any claim or dispute between us or relating in any way to your account or your use of this Site.
You acknowledge that we may change the terms of this Agreement by posting a new Agreement on the Site. You acknowledge that it is your responsibility to check the Site regularly to ascertain if changes have been made and your continued use of the Site after such a change will constitute your acceptance of the changes.
Esquire Retail Limited t/a Clintons is a registered company in England with Registered Number 12338587. The Registered Office is at Sycamore House, Medlicott Close, Corby, NN18 9NF.
Correspondence should be addressed to Esquire Retail Limited t/a Clintons, Sycamore House, Medlicott Close, Corby, NN18 9NF.
Our VAT number is 338038891