Please carefully read these Terms and Conditions before purchasing any CITY OF CLOUDS products on the Website. By purchasing CITY OF CLOUDS products the Website, you agree to be bound by these Terms and Conditions of Sale. This is incredibly boring to most people, but we thought we should include it anyway.

 

1. PRIVACY

 

Please review our Privacy Policy, which also governs your visit to the Website to understand how CITY OF CLOUDS uses your information.

 

2. OUR CONTRACT

 

When you place an order to purchase a product from the Website, we will send you an email confirming receipt of your order. Your order represents an offer to us to purchase a product which is accepted by us when we send an email to you confirming that we have accepted the order (the “Order Confirmation Email”). Such acceptance will be complete at the time we send the Order Confirmation Email to you. You are seeking to enter into a contract with City Of Clouds when you place an order.

 

This contract is legally binding when you have placed an order, your order has been accepted by us and we have sent you the Confirmation Email.

 

City Of Clouds will retain the title in the products until full payment has been made by you and has been received by City Of Clouds.

 

City Of Clouds is unable to provide any warranties in relation to the goods provided over and above its statutory obligation to provide goods of satisfactory quality in accordance with the Sale of Goods Act 1979 as amended by the Sale and Supply of Goods Act 1994.

 

3. DELIVERIES

 

We will endeavour to deliver all products you have ordered in a timely manner on a best efforts basis.

 

All products purchased from the Website are made pursuant to a shipment contract. This means that the risk of loss for such products pass to you upon our delivery to the carrier. If you have received your Order Confirmation Email but your products have not arrived within a timely manner, please contact us and we will do our best to assist. Note that during exceptionally busy periods (e.g. Christmas) or when the weather is particularly inclement please allow additional days before raising a query.

 

If your order has not been received within realistic timescales as further set out below, in the first instance please check with your local mail delivery office to see that they are not holding your parcel. If they confirm that they do not
have your products, please contact us and we will do our best to assist.

4. RETURNS

 

You can only return to CITY OF CLOUDS products which have been purchased directly through this Website. If you purchased your CITY OF CLOUDS products at a retailstore or from another websites the products must be returned to the original store or site which they were purchased from.

 

If for any reason you are not happy with your CITY OF CLOUDS products, please follow our returns procedure, so that we can assist you in the exchange or refund of your order. CITY OF CLOUDS reserves the right to reject the return of
products which are not returned in accordance with our Returns Procedure and we may request that you pay for the shipping of such goods back to you. Our Returns Procedure does not affect your statutory rights.

 

4a. RETURNS OR EXCHANGES

 

You may return new, unworn or unused products which you wish to exchange or return within fourteen (14) days from the date on which the goods were shipped to you. Where you wish to exchange a product, please note that you will only be able to exchange with a product of the same or less value than the original item you wish to exchange.

 

Please note: your right to exchange or return products is separate from your statutory right to cancel your order under the Distance Selling Regulations (see below).

 

Delivery Costs:-

 

a) If you are returning goods for exchange or return, there may be additional delivery charges.

 

b) We will not refund the original delivery charge in the case of exchanges or returns.

 

Please note: you will only be reimbursed the original delivery charge where you exercise your statutory right to cancel your entire order within the 14 working day period beginning after the day of receipt of the goods under the Distance
Selling Regulations, see Statutory Right to Cancel below.

 

c) You will not be liable for the delivery costs incurred by us in sending you any products as exchanges.

 

d) In the case of returns, you will only be refunded the value of the goods ordered.

 

e) We will only pay the return costs and subsequent re-delivery costs (if applicable) if the return is a result of our error or the goods are faulty. This Returns Procedure does not affect your statutory right to cancel or any of your

other statutory rights.

 

4b. STATUTORY RIGHT TO CANCEL

 

In addition to our Returns or Exchange Procedure, under the Distance Selling Regulations you also have seven (7) working days (beginning the day after receipt of the goods) to cancel your purchase order.

 

Delivery Costs:-

 

a) Where you exercise your statutory right to cancel, we will provide a full refund on the price paid for the goods. If you have cancelled your entire order, we will also refund your original delivery charge. If you only cancel part of your order and return only some of the goods delivered to you, delivery charges will not be refunded. This is because the delivery charge is normally the same regardless of the number of items delivered and, if you retain part of your order, the delivery charge still applies to the part that you retained.

 

b) Where you fail to return the product(s) in question or you send them at our expense, or if our appointed courier collects the goods from you, we reserve the right to charge you for the direct costs incurred by us in collecting or returning the goods (other than where the goods have been sent to you in error or where such goods are faulty in which case, such costs shall be at our expense).

 

Where you exercise your right to cancel within 7 (seven) working days, you should return the goods to us as soon as reasonably practicable. Please note: if we have provided any services as part of the purchase (e.g. products made to order or gift wrapping) and we have begun to provide these services before you have exercised your right to cancel, we shall not reimburse the costs of such services.

 

How
do I exercise my statutory right to cancel?

 

In order to exercise your right to cancel, please send an email to [email protected]. Making it clear in your correspondence that you are giving notice to exercise your statutory right to cancel.

 

Your email or letter will be deemed to have been received by us on the date you send it (provided it is sent to the correct address and it is sufficiently clear that you are exercising your right to cancel). Please try and keep the confirmation of any letter or email to demonstrate the date when you sent it.

 

4c. CONDITIONS FOR ALL RETURNS, EXCHANGES OR STATUTORY RIGHT TO CANCEL

 

All goods must be returned to us unused, together with all original packaging (please note you have a duty to take reasonable care of returned goods and any refund may be withheld or a charge incurred if you fail to take such care and
damage the goods). Please make sure that your return package is packed and sealed securely. Packages must be returned with the freight prepaid. We recommend the use of an insured parcel service, such as Royal Mail Special
Delivery or similar.

 

We will refund the cost of the goods and the cost of the delivery charges (where applicable) to the method of payment used to place your order within thirty (30) days of receipt of your order or of your notice of your statutory right to
cancel.

 

Discrepancies

 

If there are any discrepancies with your order or if your goods are faulty, you must notify us as soon as possible. If you have been shipped the incorrect goods then please do accept our apologies. Please follow the Returns Procedure
and on receipt of your order, we will reimburse the cost of returning them to us. Any replacements will be sent to you at no extra cost to yourself.

 

5. FEEDBACK AND COMPLAINTS POLICY

 

We welcome any comments about our service, so that we can improve what we are doing. Our aim is to deal with any problems quickly and fairly. If you have reason to complain about our service, please e-mail us stating clearly that you
are making a complaint. Our aim is to respond to your complaint within seven (7) working days, either resolving the complaint, or with a timescale for resolution.

 

6. PRICING AND AVAILABILITY

 

Our prices are inclusive of VAT unless otherwise specified. Some item prices are exclusive of delivery charges. A list of our delivery charges can be found in our delivery and returns policy.

 

We aim to list available products on the Website. Not all products shown are offered for sale. Beyond what we say on the Website, we cannot be more specific about availability. Please note that shipping dates are estimates only. Unless
otherwise stated, dispatch dates are not guaranteed and should not be relied upon. As we process your order, we will inform you by email if any products you order are subsequently found to be unavailable.

 

Despite our best efforts, a small number of the products on the Website may be mis-priced. If a product’s correct price is lower than our stated price, we will charge the lower amount and send you the product. If a product’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping the products or cancel your order and notify you of such cancellation.

 

7. CUSTOMS

When ordering products from the Website for delivery overseas you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be
borne by you as we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact the local customs office for further information.

 

Additionally, please note that when ordering from the Website, you are considered the importer of record and must comply with all laws and regulations of the country in which the products are received. Your privacy is important to us and we know that you care about how information about your order is used and shared. We would like our International customers and customers dispatching products internationally to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.

 

8. DISCLAIMER AND LIMITATION OF LIABILITY

 

This Website is provided by CITY OF CLOUDS on an “as is” and “as available” basis. CITY OF CLOUDS makes no representations or warranties of any kind, express or implied, as to the operation of this Website or the information, content, materials, or products included on this Website. It is expressly agreed by you that your use of this Website is at your sole risk.

CITY OF CLOUDS disclaims all warranties, express or implied, including, but not limited to, implied warranties of saleability and fitness for purpose to the fullest extent permissible by applicable law. CITY OF CLOUDS does not warrant
that this Website, its servers, or e-mail by us are free of viruses or other harmful components. CITY OF CLOUDS will not be liable for any damages of any kind arising from the use of this Website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

Laws of certain countries or states do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you,some or all of the  above disclaimers, exclusions, or limitations may not apply
to you, and you might have additional rights.

 

9. ELECTRONIC COMMUNICATIONS

 

When you visit the Website or send emails to us, you are communicating with us electronically. We will communicate with you by email or by posting notices on the Website. For contractual purposes, you consent to receive communications
from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does
not affect your statutory rights.

 

10. DISPUTES

 

Any dispute relating in any way to your visit to the Website or to products you purchase through the Website may be submitted to the courts of England and Wales, except that, to the extent you have in any manner violated or threatened
to violate CITY OF CLOUDS’s intellectual property rights, CITY OF CLOUDS may seek injunctive or other appropriate relief in any court in any country in the world, and you consent to exclusive jurisdiction of such courts.

 

11. ALTERATION OF SERVICE OR AMENDMENTS TO THE CONDITIONS

 

We reserve the right to make changes to our Website, policies, and these Terms and Conditions of Sale at any time. Your usage of the Website and your orders will be subject to the policies and Terms and Conditions of Sale in force at the
time that you use the Website or that you order products from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of the provisions of these Terms and Conditions of Sale are deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of the remaining conditions.

 

12. EVENTS BEYOND OUR REASONABLE CONTROL

 

CITY OF CLOUDS will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

 

13. WAIVER

 

If you breach these Terms and Conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

 

14. GOVERNING LAW AND JURISDICTION

 

Your use of the Website, any purchase by you on the Website of any products and these conditions will be governed by and construed in accordance with the laws of England and Wales and will be deemed to have occurred in England. You agree, as we do, to submit to the non-exclusive jurisdiction of the English courts.

 

Your statutory rights are not affected by these Terms and Conditions of Sale.

15. LEGAL STATEMENT

 

City Of Clouds and the City Of Clouds logo are registered trade marks of and used under licence. www.CityOfClouds.com is a registered domain name of City Of Clouds.

 

Registered Office: 68 East Ave, Bournemouth, BH3 7DB

Company Registration Number: 10568620

VAT Registration Number: GB 448397644