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Terms of Sale


 

ATTENTION: PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE. THIS NOTICE IS ISSUED BY CLEVA EUROPE LTD.


(Click here for terms of use for this website.)

This page, together with the documents expressly referred to on it, 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. Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in them.

If you refuse to accept these Terms, you should not order any Products from our site.

If you don’t understand any of these Terms and want to talk to us about it, please contact us by sending an email to support@cleva-uk.com or complete the Contact Form on our Contact Us page. Alternatively, you can obtain advice and detailed information from Citizens Advice by visiting www.citizensadvice.org.uk or calling 03454 04 05 06

Terms and Conditions

1. Information about us

1.1 Our Site (www.cleva-uk.com) is operated by Cleva Europe Ltd (“we”, “us”, “our” or “Cleva”), and these Terms relate to any Products supplied directly to you via this Site. We are a company registered in England and Wales under company number 10960450 and with our registered office at Unit 20 The Chiller, Bakers Yard, Christon Road, Gosforth, Newcastle-upon-Tyne, NE3 1XD, which is also our main trading address. Our VAT number is GB278422089.

1.2 To contact us, please complete the Contact Form on our Contact Us page.

1.3 The Parties involved in the purchase of Products via our Site shall be Cleva Europe Ltd as Seller ("Seller ") and the party purchasing one or more Products as the buyer (the “Consumer") (the Seller and the Consumer shall be referred to jointly as the "Parties"). The purchase order processing activities, including the delivery of the Products, shall be managed directly by the Seller.

1.4 The Seller holds all rights to the Site's domain name, the logos, the registered trademarks relating to the Products available on the Site and holder of all copyrights relating to the Site and its contents. The purchase of a Product from our Site does not in any way constitute a transfer of any of these rights.

1.5 Any communication by the Consumer in connection with and/or in relation to the purchase of the Products, including any notifications, claims or requests concerning the purchase and/or delivery of the Products or exercising the right to withdraw, etc. - shall be sent to the Seller at the addresses set out on the Site and in accordance with the procedure also set out on the Site and via the Contact Form.

1.6 All purchases are regulated by the condition of sale published on the Site at the time the order is submitted by the Consumer.

1.7 Consumers must be aged 18 or over in order to make purchases on the Site and have legal capacity; the Consumer declares compliance with such requirements.

1.8 The Consumer shall be charged for any costs incurred to connect to the Site via the internet, including any telephone expenses, according to the rates applied by the service provide chosen by the same.

1.9 Please ensure you read and understand these Terms before placing an order through the Site. We advise you to keep a copy alongside your order details for future reference.

We reserve the right to amend these Terms from time to time by uploading a revised version to the website. Every time you wish to order goods, please check these Terms to ensure you are familiar with the most up to date version and that you understand the Terms which will apply to your purchase.

1.10 You may have other rights granted to you by law in addition to those set out in these Terms which we cannot exclude. These Terms do not affect any of your statutory rights. If you wish to obtain further information about your rights, you can speak to your local Citizen's Advice Bureau or Trading Standards Office.

2. Legal Information

2.1 These Terms form a contract between the Parties. This contract is governed by, and will be interpreted in accordance with, English law. The English courts will have exclusive jurisdiction to resolve any disputes between us.

2.2 If you want to take court proceedings, the courts of the part of the United Kingdom in which you live will have non-exclusive jurisdiction in relation to this contract.

2.3 This contract is only available in English. No other languages will apply to this contract.

2.4 When buying any goods you also agree to be legally bound by:
• Our Site Terms of Use and any documents referred to in them; and
• Extra terms which may add to, or replace some of, this contract. We will contact you to let you know if we intend to do this.
• Our Guarantee Terms

All of the above documents form part of this contract as though set out in full here.

3. Our Products and Pricing

3.1 The description and price of the goods ordered will be as shown on the Site at the time the order is placed.

3.2 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflects the colour of the Products. Your Products may vary slightly from those images.
Occasionally, we may need to make minor changes to the product e.g. colours to accommodate the manufacturing process.

3.3 Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site have a 2% tolerance.

3.4 The packaging of the Products may vary from that shown on images on our site.

3.5 All goods are subject to availability. If on receipt of your order the goods are not available or in stock, we will inform you by email or by telephone as soon as possible and offer you alternative goods or a full refund.

3.6 The description and price of the goods ordered will be as shown in the online shop at the time the order is placed. All prices include VAT at the applicable rate at the date of sale.

3.7 Every effort is made to ensure that prices shown on the Site are accurate at the time your order is placed but we cannot guarantee price accuracy in every case. If the goods that you have ordered were incorrectly priced, we will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you cancel, we will issue a full refund to you.

3.8 In addition to the price of the goods, you may be required to pay a delivery charge for delivery of the goods, as details in the Delivery section of the Site. This charge will be brought to your attention at the time you place your order for the goods. We will always ensure that you are shown the total price that you have to pay (inclusive of delivery charges) at the time that you submit your order to us.


4. Payment

4.1 Payment for the goods and delivery charges can be made using any of the methods shown on the website at the time you place your order. Payment for the products and all applicable delivery charges is in advance.

4.2 When placing your order, you will be directed to a secure online payment facility where you will be prompted to enter your payment information. It is your responsibility to ensure that the payment details you provide are correct.

4.3 Following successful receipt of your payment, you will be directed to a confirmation screen displaying your order details. You will also receive a confirmation email. If this email doesn’t arrive please contact us.

4.4 Your order will not be dispatched until we have received payment in full and cleared funds.

4.5 The Contract between you and us will only be formed when we have sent your Dispatch Confirmation email. If we are unable to supply any part of your order, for instance if an item is no longer in stock, we will inform you by email or telephone and we will not process your order. We will issue a refund, including delivery costs (where applicable), for any items that we are unable to fulfil.


5. Delivery

5.1 Goods ordered will be delivered to the exact address you give when you place your order. Deliveries cannot be made outside of the United Kingdom, Channel Islands, Northern Ireland and Isle of Man. Further details on delivery locations, times and costs can be found here.

5.2 Every effort will be made to deliver the goods as soon as possible after your order has been accepted and in any event within 3 business days of your order. However, we will not be liable for any loss or damage suffered by you through any unavoidable delay which is beyond our reasonable control, or which does not arise due to our negligence. If there is a delay, we will inform you about it as soon as possible. We will endeavour to deliver your order in line with your specified requirements. You will receive an email when your order has been processed and despatched, which will include tracking details for your order.

5.3 If you are not able to accept delivery when it is attempted our carrier will leave a ‘missed delivery card/email’ with your tracking number and date of attempted delivery.  Our carrier will attempt delivery up to three times. If our carrier is unsuccessful with all three delivery attempts, the shipment will be held at the carrier’s facility for five days before returning to us. Upon receipt of any undelivered goods, we will issue a refund to you.

5.4 All of our deliveries use a tracked service with our trusted partners, allowing you to view up to date tracking details of your delivery. You can use the tracking details provided to change your delivery date, provide details of a safe place should you not be at home and provide alternative delivery instructions directly with our couriers.

We cannot accept delivery instructions from Consumers. Any special instructions must be provided to our courier using the tracking number provided to you.

5.5 Please note that we will not take any responsibility for any lost or stolen goods where our courier has followed delivery instructions provided by you.

6. Returns and refunds

6.1 If you’re not happy with your product or you’ve simply changed your mind, you’ll need to let us know within 30 days of delivery to receive a refund of the cost of the product. This is longer than outlined in your statutory rights, which gives you a 14-day cooling-off period for distance sales.

Advice about your legal right to cancel the contract is available from your local Citizens' Advice Bureau or Trading Standards office.

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that up to 14 days after receiving your goods, in most cases, you can change your mind and get a full refund.

6.2 To cancel a contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the Contact Form on our Site. If you use this method, we will e-mail you to confirm we have received your cancellation and provide instructions on how to return any unwanted products to us. You can also e-mail us at support@cleva-uk.com. When contacting us, please include details of your order to help us to identify it. A model cancellation form has been included at the end of these Terms which can be used when notifying your cancellation to us. Your cancellation notice is effective from the date you complete the contact form or email us.

6.3 If you cancel your contract you will receive a full refund for the price of the goods and any delivery costs you paid to us. Please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods if this has been caused by your handling them in a way which would not be permitted in a shop (for example, using the goods before returning them to us).

You are able to unpack the product to inspect it, in the same way you’d be able to take a look at it in a shop, but please be very careful until you’re sure you’re going to keep it.

Refunds will be paid to you via the payment method used by you for the initial order.

6.4 In the case of cancelled orders, the return of goods, including the cost of postage, is your responsibility. We can assist you by arranging delivery on your behalf, however this cost will be deducted from any refund made to you. To prevent any undue delays or queries in respect of returned goods, we recommend that you use a tracked delivery service when returning goods to us.

6.5 Details about how to return goods can be found here. You must return the goods to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the contract. We will pay any refunds due to you as soon as possible and in any event within 14 days after the day on which we receive the goods back from you.

7. Business customers – our liabilities
This clause only applies if you are a business customer.

7.1 If you are not a Consumer, you confirm that you have authority to bind any business on whose behalf you use our Site to purchase Products. As a business you also confirm that the provisions of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 do not apply to this Contract.

7.2 We only supply the Products for internal use by your business, and you agree not to use the Product for any resale (including loan and hire of the Products). Some products are supplied for domestic use only, and so commercial use of the products would be a breach of these Terms – limitations on commercial use are included within our Guarantee Terms and are disclosed for each product page of the Site.

If you are interested in becoming a reseller of our products please contact us here.

7.3 We do not limit in any way our liability for:
1. death or personal injury caused by our negligence;
2. defective products under of the Consumer Rights Act 2015; or
3. fraud or fraudulent misrepresentation;

7.4 Subject to clause 7.3, we will under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise arising under or in connection with the Contract for:
• any loss of profits, sales, business or revenue;
• loss or corruption of data, information or software;
• loss of business opportunity, anticipated savings or goodwill; or
• any indirect or consequential loss.

7.5 Subject to clauses 7.3 and 7.4, our total liability to you in respect of other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the purchase price of the Products.

7.6 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty that might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your own purposes.


8. Consumers – our liabilities
This clause only applies if you are a consumer.

8.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.

8.2 We only supply the Products for domestic or private use. You agree not to use the Product for any commercial, business or resale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

8.3 We do not in any way exclude or limit our liability for:
• death or personal injury caused by our negligence;
• fraud or fraudulent misrepresentation; and
• any breach of the terms implied by the Consumer Rights Act 2015.

9. Warranty

9.1 All Cleva products are supplied with a free guarantee which exceeds your statutory rights. For full details of your Cleva guarantee, click here.

The Consumer Rights Act 2015 says goods must be fit for purpose, as described, and of satisfactory quality. During the expected lifespan of the Product, you’re entitled to the following:
• up to 30 days: if your goods are faulty, you can get a refund;
• up to six months: if it can’t be repaired or replaced, then you’re entitled to a full refund in most cases;
• 6 months or longer: if the goods do not last a reasonable length of time, we will replace or repair your Product. If this is not possible, you may be entitled to a partial refund.

9.2 Subject to clause 9.6, all goods supplied via this Site are warranted to be free from material manufacturing defects. The warranty shall be as set out in 9.1.

Your Cleva guarantee shall last for 1 to 5 years from the date of delivery, depending on the type of goods purchased. The length of guarantee specific to your goods will be clearly identified during the sale process before submitting your order, and also on the packaging of the goods. Your statutory rights will not be affected by this guarantee.

9.3 The Cleva guarantee does not apply to Consumable Parts or any defect in the goods arising from: fair wear and tear (such as worn out filters, belts, brush bars and fuses); misuse; blockages; wilful damage; accidental damage; careless operation; negligence by you or any third party; use otherwise than as recommended in the goods’ user guide; failure to follow manufacturer's instructions; use of parts, accessories or consumables which are not genuine Cleva products; faulty installation (unless carried out by Cleva); any alteration or repair carried out without approval from Cleva; or use of the goods for anything other than normal domestic household purposes (unless commercial use is specified in the Product description).

For the purposes of these Terms “Consumable Parts” means any component parts of goods that are intended to be replaced during the intended life of the goods as identified in the instructions provided and includes, but is not limited to filters, brush-bars and blades.

9.4 In certain circumstances we will offer goods with a guarantee period longer than the period set out in clause 9.2. The length of any extended warranty offered will be clearly identified during the sale process before submitting your order, and also on the packaging of the goods. Any extended warranty offered is subject to you completing the registration process required to qualify for this extended warranty as detailed in the instructions provided with the goods.

Not all goods are eligible for an extended warranty; goods that are eligible will be clearly marked as such during the sale process before submitting your order. The extended warranty shall start from the date of receipt of the Products.

9.5 If the goods supplied to you develop a defect while under warranty, or you have any other complaint about the goods, you should notify us using the Contact Form on our Site, or email support@cleva-uk.com so that we can diagnose the problem. In the first instance we will offer support and/or replacement parts to fix any defects. Where we are not able to resolve an issue through our product support service, we may arrange for a Product to be returned to us.

Once we have received your defective Products they will be tested and where we are able to identify the defect following a reasonable inspection of the goods, we will repair the goods and return them to you. If the defect cannot be identified or if it cannot be repaired or it is uneconomical to undertake repair, we will contact you and offer you a replacement product.

9.6 Where it is necessary to return defective goods to us, we will arrange for the goods to be collected at a time that is suitable to you, at our cost. Where we receive goods and they are found not to be defective, all delivery costs for collecting and returning goods to you shall be paid by you prior to return of the goods.

9.7 This guarantee is only valid if purchased from an authorised stockist. Unauthorised stockists include, but not limited to: online auction sites, private sellers and those selling second-hand goods, refurbished products etc. If you have any concern over the authority of a stockist, please do not hesitate to contact us for confirmation.

9.8 We reserve the right to reject any claims if a Product has been repaired or refurbished by a 3rd party.

9.9 Proof of purchase must be provided for all warranty and guarantee claims. Warranties and guarantees apply to the first purchase of a Product and are not transferable to subsequent owners.


10. Other important terms

10.1 We will only use your personal information as set out in our Privacy Policy.

Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.

10.2 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.

10.3 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

10.4 Nobody else has any rights under this contract. This contract is between the Parties and no third parties shall be entered into this Contract.

10.5 If a court finds part of this Contract illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

11 Marketing communications

11.1 From time to time, we may contact you with offers and information regarding our products. These may take the form of either postal, email or SMS marketing communications. We will only do this if you opt to join our mailing list.

11.2 If you no longer wish to receive marketing communications via email, please click on the ‘unsubscribe’ link at the foot of any promotional email you have received from us. Alternatively, please contact us in writing.

If you no longer wish to receive marketing communications via post, please contact us in writing.

Once we have received your request to opt-out, we will remove you from our mailing lists immediately. However, please note that you may still receive any marketing communications that have already been processed. Therefore, please allow 30 days for marketing communications to cease completely.

11.3 Any personal information that you provide to us will be held and processed in accordance with applicable data protection laws.

12 Promotions

12.1 Promotional offers, along with any attached terms and conditions, will be clearly indicated on the Site. All promotional offers are subject to availability and we reserve the right to withdraw them at any time.

12.2 Where promotional activities result in lower prices, no automatic retrospective discounts shall be offered to Consumers.

12.3 Where a promotion includes free goods or gifts to consumers, these are subject to availability. All free goods or gifts given to Consumers are provided without our standard guarantee. This does not affect your statutory rights.

12.4 From time to time we’ll offer discount codes on selected products. Each will be published with specific terms and conditions of use and subject to product availability. We reserve the right to amend or withdraw these at any time. Discount codes can only be redeemed on the Site and you can only use one discount code per order. If you’re returning part of an order that’s had a discount code applied, your refund will be for the full amount minus the discount applied.

12.5 In some circumstances we will issue unique discount codes. A unique discount code has been generated especially for specific consumers and can only be used once. Unique discount codes can only be redeemed on the Site.

We sometimes offer personalised incentives too. Just like unique discount codes, these are given to individual customers and run for a limited amount of time. They’re based on your previous visits to the site, your shopping habits, and the deals currently available, so we can offer you the discounts you really want.

Unique codes are a promotional offer and can be withdrawn at any time.

12.6 Where a Consumer has been given a discount code this is not to be shared with third parties. Where such codes are shared without permission we reserve the right to withdraw the code for use, and to cancel any related orders in line with part 3.7 of these Terms.

12.7 The use of discount codes on the Site cannot be used in conjunction with any promotion or incentive from any 3rd party websites (example include, but are not limited to TopCashBack and Quidco). The use of discount codes on this Site will result in any cashback or incentive being declined on 3rd party sites. Only one discount code can be applied to purchases on the Site.


13. Social media competitions and giveaways

13.1 We periodically run competitions and giveaways on our social media channels, including but not limited to Facebook and Instagram.

Competitions/giveaways are organised by Cleva Europe Ltd in line with the rules set-out by the applicable Social Media channels, and the terms and conditions detailed in relevant posts.

Entry into any Cleva competitions/giveaways will be deemed as acceptance of the terms and conditions of said competition.

14. Customer reviews

14.1 Any customer reviews of Products on our site are the opinions of previous Cleva customers and do not form part of the specification or description of the Product. We shall not be liable if any of the information contained in a customer review proves inaccurate.

14.2 Reviews on our website are taken from independent site Reviews.io, which can be found here. We have no control over information included in these reviews and would therefore recommend that you contact us if there are any details or claims for which you would like us to provide further information.

15. Factors beyond our control

15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms that is caused by events outside our reasonable control. Such events include any act, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following:
• Strikes, lock-outs or other industrial action; or civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or
• Fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster or adverse weather; or
• Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or
• Impossibility of the use of public or private telecommunications networks

15.2 Our obligations under these terms are suspended for the period that such event continues and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the event to a close or to find a solution by which our obligations under these terms can be performed despite the event.

16. Complaints

16.1 If you have a complaint about Cleva you can contact us as follows:

By writing us a letter:
Cleva Europe Ltd
Unit 20 The Chiller
Bakers Yard
Christon Road
Gosforth
NE3 1XD

By email: support@cleva-uk.com

16.2 We will respond to all complaints in a timely manner and aim to have respond with a final written resolution within 5 business days. In complex situations we may request additional time to allow us to fully investigate your complaint.

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Model cancellation form

To Cleva Europe Ltd, Unit 20 The Chiller, Bakers Yard, Christon Road, Gosforth, Newcastle-upon-Tyne, NE3 1XD or by e-mail at support@cleva-uk.com:

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract for the sale of the following goods [insert details of goods to be cancelled here]

Ordered on [date]/received on [date],

Name of consumer:
Order number:
Address of consumer:

Signature of consumer: [only if this form is notified on paper],

Date:
[*] Delete as appropriate