Terms & Conditions

TERMS AND CONDITIONS THAT APPLY WHEN YOU USE OUR WEBSITE OR BUY PRODUCTS FROM OUR WEBSITE

This page (together with our Privacy Policy, Terms of Use and Acceptable Use Policy) tells you information about us and the legal terms and conditions (terms) on which we sell any of the products (products) listed on our website (our site) to you. 

These terms will apply to any contract between us for the sale of Products to you (Contract). 

Please read these terms carefully and make sure that you understand them, before ordering any Products from our site. When you buy products from us you are agreeing to these terms and conditions below. If you refuse to accept these terms, you will not be able to order any Products from our site. We have written this document in plain English, and under section headings, so that you can easily navigate the document and understand the relationship between us.

Please read these terms carefully before placing your order. If you have any questions on these terms, please contact us.

You should print a copy of these terms or save them to your computer for future reference.

We amend these terms from time to time and they may have changed since you last reviewed them. Every time you wish to order Products, please check these terms to ensure you understand the terms which will apply at that time. 

  1. Where to find information about us and our products

You can find everything you need to know about us, The Clinkard Group Limited, and our products on our website or by contacting us before you place your order. We also confirm the key information to you in writing after we have accepted your order.

  1. Product variation and sizing

The images of the products on our site are for illustrative purposes only. Although we have made every effort to display colours accurately, a product's true colour may not exactly match that shown on your device or on our website, or in our marketing, your products may vary slightly from those images, and a product's packaging may be slightly different.

All sizes, weights, capacities, dimensions and measurements indicated on our website are approximate only and can be subject to minor tolerances.

  1. Fitting appointments

Our in store fitting appointments can offer a guide only for fitting and measurements, and we cannot ensure or guarantee the exact fit or any correct fit. Any decision made to purchase a product on the basis of a fitting appointment or fitting guidance is done so by you and we cannot accept responsibility for any fitting of the product. We reserve the right to terminate any appointment at any time. 

Before wearing, or allowing any child to wear their new shoes outside, you must be confident that the shoes fit correctly.

  1. How the contract is formed between us

To make a purchase, browse through our products and select those which you wish to purchase by adding them to your shopping basket. Once you have completed your selection(s) click on the ‘Checkout’ button and our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

After you place an order, we contact you to confirm we've received your order by email acknowledgement. However, please note that we only accept your order when we send you an email to confirm (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation. 

  1. Sometimes we reject orders

Sometimes we reject orders, for example, because a product is unexpectedly out of stock, because a credit reference we have obtained is unsatisfactory, because we can't verify your age (where the product is age-restricted), because you are located outside the delivery areas, as stated on our website and in our marketing, or because the product was mispriced by us. When this happens, we let you know as soon as possible and refund any sums you have paid.

  1. When we charge you and when you pay us

We charge you for the products and for delivery costs when you place your order and delivery costs shall be calculated at checkout. If for any reason we are then unable to accept your order you will be refunded in full. 

We accept online payment in a secure environment by credit and debit card; we currently accept Visa, Mastercard, Switch, Solo, Delta, Visa Electron and Maestro. We also accept payment via PayPal Secure Payments and Amazon Pay, and any other method as available through our site, or we agree to, from time to time. All transactions are shown in £ sterling. All prices quoted on this website are accurate at the time of publication and are quoted in sterling (£) and where appropriate are inclusive of UK sales tax (VAT) at the current rate but exclusive of delivery charges. Payment is taken upon dispatch, unless PayPal or Amazon Pay are used, in which case payment will be taken before dispatch.

You may pay using any of the above methods. You confirm that the credit or debit card that is being used is yours. All credit/debit cardholders are subject to violation checks and authorisation by the card issuer. If the issuer for any reason refuses to authorise payment to us, pre or post payment, we will not be liable for a delay or cancellation of your order.

If a discount code is used, this will be applied to any eligible items at the checkout. Payment will be charged, less the discount, at checkout or upon dispatch of the eligible items, depending on the payment method used. Only one discount code can be used at one time and each discount code will have its own terms and conditions of use, outlining eligible customers and/or eligible products.

If a discounted item is returned to us, subject to our returns policy, a refund will be issued for the discounted amount taken.

If a voucher is used at the checkout, this will be used as part or whole payment towards the total value of the purchase. The voucher will be redeemed immediately upon checkout, and any additional part payment will be taken separately, either at the time of checkout or at the point of dispatch, depending on the payment method used.

If an item is returned where a voucher has been used as part or whole payment of the transaction, subject to our returns policy, a refund will be issued – refunding the non-voucher payment first, followed by the voucher payment. Vouchers will be refunded as a credit to your online account and can be used against future purchases made online.

We pass on increases in VAT

If the rate of VAT changes between your order date and the date we supply the product, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.

  1. We're not responsible for delays outside our control

If our supply of your product is delayed by an event outside our control we contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won't compensate you for the delay, but if the delay is likely to be substantial you can contact our Customer Service Team to end the contract and receive a refund for any products you have paid for, but not received, less reasonable costs we have already incurred. To do this you can contact us at help@clinkard.co.uk, by telephone on 01642 606162 or through our site via the Contact Us page.

  1. Your legal right to change your mind

If you are a consumer, for most of our products bought online you have a legal right to change your mind about your purchase and receive a refund of what you paid for it, including the delivery costs. This is subject to some conditions, as set out below.

When you can't change your mind. You can't change your mind about an order for:

  • products which are not returned in accordance with our returns policy, being in perfect, undamaged, unaltered, unused condition, with all original labels intact and within all original packaging;
  • products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; or
  • goods which become mixed inseparably with other items after their delivery.

The deadline for changing your mind. If you change your mind about a product you must let us know no later than 365 days after the day we deliver it. If the goods are split into several deliveries over different days, the period runs from the day after the last delivery.

How to let us know. To let us know you want to change your mind, contact us by telephone on 01642 606162, by email at help@clinkard.co.uk or by post to The Clinkard Group Limited, Eveline House, Cannon Park Way, Middlesbrough, TS1 5JU. You must give us full details of the goods, the order number and the reason for return. You will then be given a returns number and return instructions which you must follow.

You have to return the product at your own cost. You have to return your product to us within 14 days of your telling us you have changed your mind. Returns are at your own cost, unless we offered free returns when you bought the product. You must send the product back to us, using an established delivery service. If you do this you should keep a receipt or other evidence from the delivery service that proves you have sent it and when you sent it. If you don’t do this and we don’t receive the goods at all or within a reasonable time we won't refund you the price.

We only refund standard delivery costs. We don't refund any extra you have chosen to pay for express delivery or delivery at a particular time, where you have requested that over and above our standard option. We do refund express delivery costs where we only offered express delivery for your order. This is because you did not choose to upgrade delivery in these circumstances.

We reduce your refund if you have used, altered or damaged a product. As mentioned above, we do not accept returns if the goods are not returned in perfect, undamaged, unaltered, unused condition, with all original labels intact and within all original packaging and packed in the same way that they were dispatched to you. If you handle the product in a way which would not be acceptable if you had purchased the product in an "in-store" environment (i.e. other than what is necessary to establish the nature, characteristic and function of the goods), then we reduce your refund, to compensate us for its reduced value.

When and how we refund you. If your product is a service, digital content or goods that haven't been delivered or that we're collecting from you, we refund you as soon as possible and within 14 days of you telling us you've changed your mind. If your product is goods that you're sending back to us, we refund you within 14 days of receiving them back from you (or receiving evidence you've sent them to us). We refund you by the method you used for payment. We don't charge a fee for the refund.

  1. You have rights if there is something wrong with your product

If you are a consumer and you think there is something wrong with your product, you must contact us as soon as possible from delivery by telephone on 01642 606162, by email at help@clinkard.co.uk or by post to The Clinkard Group Limited, Eveline House, Cannon Park Way, Middlesbrough, TS1 5JU.

You will need to provide us with evidence of the damage or defect, such as photographs, and show that this was not caused by your use or handling of the product.

You will also have to provide us with all packing information and delivery documentation in relation to your order.

We honour our legal duty to provide you with products that are as described to you on our website (subject to the variations and tolerances described in section 2 above) and that meet all the requirements imposed by law.

  1. Delivery

We will contact you with an estimated delivery date, which will be within 30 days after the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order) in accordance with applicable law however please note that we aim to deliver all Products in accordance with the delivery times from time to time stated on our delivery and returns page depending on the delivery option you choose. Occasionally our delivery to you may be affected by an Event Outside Our Control. See section 8 for our responsibilities when this happens. 

Delivery of an order shall be completed when we or our courier deliver the products to the address you gave us and the products will be your responsibility from that time. Please note that if you opt for the products to be delivered to a safe place or to be left with a neighbour (or other third party) you are responsible for such products once we or our courier deliver the products to that safe place, neighbour or other third party and delivery of the products shall be completed when we do so. 

You own the products once we have received payment in full, including all applicable delivery charges. 

We deliver to the countries outside of the UK available to select at checkout (International Delivery Destinations). Delivery charges for International Delivery Destinations vary and shall be calculated at checkout.

We are not responsible for any import tax or any other import or customs charges for delivery to International Delivery Destinations and you will be responsible for paying any such import and customs charges that may be applicable, and we shall not be liable for any delayed delivery or non-delivery due to unpaid import and customs charges in any International Delivery Destinations.

There are restrictions on some products for certain International Delivery Destinations, so please review the information on that page carefully before ordering products. 

If you order products from our site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.

You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.

You must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable or responsible if you break any such law.

All dates quoted for delivery are estimated delivery dates only and may be subject to change and we can accept no liability for any loss or damage (whether direct or indirect) for delivery at any time other than the estimated date for delivery. Any delivery timescales are approximate. Orders may be delivered in more than one part. We do not accept any liability for a delay in delivery caused by third parties, weather conditions or any other reason outside of our reasonable control.

Subject to the terms regarding first time orders described above, we will deliver goods to the delivery address specified by you at the time of submitting the order to our website, in accordance with the delivery option chosen by you during the order process. You will own your product once we have received payment in full, and the product becomes your responsibility once it has been delivered to you.

  1. We can change products and these terms

Changes we can always make. We can always change a product to reflect changes in relevant laws and regulatory requirements, or to make minor technical adjustments and improvements. These are changes that don't affect your use of the product.

We can end our contract with you. We can end our contract with you for a product and claim any compensation due to us if:

  • you don't make any payment to us when it's due and you still don't make payment within 5 days of our reminding you that payment is due;
  • you don't, within a reasonable time, either allow us to deliver the product to you or collect it from us. If you have said you will collect a product ("click and collect") but you don't do this within 5 days then we may: (i) treat your order as cancelled and refund the purchase price; (ii) contact you and agree to store the goods until you collect them at our then current storage charge, provided that if the goods are still not collected within 14 days then we shall be entitled to treat the order as cancelled and refund the purchase price.
  1. We don't compensate you for all losses caused by us or our products

We're responsible for losses you suffer caused by us breaking this Contract unless the loss is:

  • Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
  • Caused by a delaying event outside our control. As long as we have taken the steps set out in the section We're not responsible for delays outside our control.
  • Avoidable. Something you could have avoided by taking reasonable action. For example, damage to your own digital content or device, which was caused by digital content we supplied and which you could have avoided by following our advice to apply a free update or by correctly following the installation instructions or having the minimum system requirements advised by us.
  1. Losses we never limit or exclude.

Nothing in these terms shall limit or exclude our liability for:

  • death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
  • fraud or fraudulent misrepresentation;
  • breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
  • defective products under the Consumer Protection Act 1987; or
  • any matter in respect of which it would be unlawful for us to exclude or restrict liability.
  1. No implied terms about goods

Except to the extent expressly stated above as applying to business customers, we exclude all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982.

  1. We use your personal data as set out in our Privacy Notice

How we use any personal data you give us is set out in our Privacy Notice:

  1. You have several options for resolving disputes with us

Our complaints policy. Should you wish to make a complaint, please put it in writing and post or email it to the following details: by email at help@clinkard.co.uk or by post to The Clinkard Group Limited, Eveline House, Cannon Park Way, Middlesbrough, TS1 5JU. Please reference COMPLAINT in the subject line.

Any complaint made should include:

  • Contact details of the Complainant (including postal and e-mail address).
  • The subject of the complaint.
  • Date of purchase and details of product purchased.

Complaints should be made immediately of the Complainant becoming aware of the grounds for a complaint.

How we will handle complaints. As soon as a formal complaint has been received, we will aim to acknowledge receipt within 3 working days.We will look to respond within 7 days from receipt of complaint following our investigation.

Please note that if the details of the complaint are not clear and concise and there is ambiguity about what the subject matter is, the Complainant will be asked to clarify certain points.

Resolving disputes without going to court. Alternative dispute resolution is an optional process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. You can submit a complaint to Retail ADR through their website at https://www.retailadr.org.uk/ and if you're not satisfied with the outcome you can still go to court.

You can go to court. These terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.

  1. Other important terms apply to our contract

Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.

If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.

Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.

If you create an online account on our website. You are responsible for maintaining the confidentiality of your account and password and for taking all reasonable measures to protect and prevent access to your account. You agree to accept responsibility for all activities that occur under your name and password. If you believe your account is being hacked please contact us immediately. If you forget your password we will reset it upon request and send it to the email address you supplied to us upon registration. Your account can be cancelled by contacting us at help@clinkard.co.uk.

Use of this website. While we take all reasonable steps to ensure a fast and reliable service, we do not guarantee that your use of this website will be interruption or error free and we are not be responsible for any disruption, loss of or corruption of any data or download. Further, we are not be responsible nor liable for your use of any other websites which you may access via links within this website, we do not control these websites and are not responsible for their content. This website may include product reviews which have been uploaded by other users of the site. These reviews have not been verified or approved by us and do not represent our views or values. If you become aware of any review that you feel is inappropriate, you can report this via the website. If you post a review then you are responsible for its content and for the review being fair and accurate in all respects. You will not post any defamatory remarks on any review. We have the right to remove any review you make on our site if, in our opinion, your post does not comply with these content standards.

Intellectual property rights. The contents of this website including pictures, designs, logos, photographs, text written and other materials are the copyright, trademark, registered trademark or other intellectual property of The Clinkard Group Limited or its content and technology providers or their respective owners. All rights are reserved. The copying, modification, distribution, reproduction, or incorporation into any other work of part or all of the material available on this website in any form is prohibited, save that you may copy, print or download extracts of the material on this website for the sole purpose of using this website or placing an order with The Clinkard Group Limited.