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        Terms of Use

        The following pages form the legal basis for which Claw Culture (“we” “us” “our”) supply our goods to you through our Website (as defined below). By browsing and using our Website you are agreeing to comply with the following Terms and Conditions, Privacy Policy, Shipping, and Returns Policy (“Terms”).

        These Terms were last updated on 1 February 2023.

        We are a private limited company registered in England and Wales, our company number is 12990750. Our registered office is: 1 Park View Court, St Paul’s Road, Shipley, West Yorkshire, BD18 3DZ.  

        Please read these Terms carefully, and make sure you understand them, before placing an order with us. If you do not agree with any of the Terms, please do not use our Website or place an Order.

        By clicking on “Checkout” and submitting your Order, this shall constitute your acceptance of these Terms, and you agree to be legally bound by them. By submitting your Order, you confirm, warrant and represent that you are acting for purposes related to your trade, business, craft or profession and you acknowledge and agree that you are not acting as a consumer (as defined in the Consumer Rights Act 2015).

        We reserve the right to amend these Terms at any time to reflect changes in the law or for any other reason. The most up-to-date version of our Terms will always be displayed on our Website. No other terms or changes to these Terms will be binding unless agreed in writing and signed by us.

        Our Website uses cookies, by using our Website and agreeing to these Terms, you consent for our use of cookies in accordance with the Terms of our Privacy Policy.

        Our Website is owned and managed by us and you must not copy, republish, reproduce, modify or redistribute any material without our written permission. 

        Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

        All Goods sold on our Website are for professional use only. It is your responsibility to ensure that Goods you order meet your specific requirements. Goods sold are on the understanding that they will be used for their intended purpose. We accept no responsibility for trained, or untrained personnel without qualified supervision, using or misusing Goods purchased from us.

        Your use of this Website and any dispute arising out of such use of the Website is subject to the laws of England, Northern Ireland, Scotland and Wales.

        If you wish to contact us, you can do so by email:  sales@clawculture.com by telephone 07495 930061 or by writing to our Head Office address at: Unit 6, Park Road Industrial Estate, Bacup, Lancashire, OL13 0BE.  

        If we contact you for any reason, we will do so by email, text message, or telephone using the information you provided to us in your Order.

        All Terms are produced in the English language only. 

        1. Interpretation

        Definitions 

        a. Us, Our, We – refers to Claw Culture.

        b. You – the user or viewer of our Website.

        c. Terms – all the terms set out below.

        d. Website – means our Website at clawculture.com

        e. Business Day – means a day other than a Saturday, Sunday or bank or public holiday in England, when banks in London are open for business.

        f. Contract – means the contract between us and the Customer for the sale and purchase of Goods in accordance with these Terms.

        g. Customer – means the person, or business, who purchases the Goods from us.

        h. Goods – means the Goods purchased via our Website and confirmed in the Order Confirmation.

        i. Order – means the Customer Order for Goods purchased through our Website.

        j. Delivery Location – means the delivery of Goods to the location set out in the Order Confirmation or such other location as the parties may agree from time to time in writing.

        k. Force Majeure Event – means an event, circumstance, or cause beyond a party’s reasonable control.

        l. Specification – means any description or specification of the Goods included on our Website.

        2. Basis of Contract

        2.1 These Terms apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice, or course of dealing.

        2.2 The Customer acknowledges that all references to sizes and colour, shown on our Website and in our marketing and other promotional material are intended as a guide only. The packaging of Goods may vary from those shown in images on the Website or other marketing material. The colours displayed on a Customer’s own personal device may vary due to differences in browsers and display settings.

         3. Goods & Order

        3.1 The Customer should follow the onscreen prompts on the Website to submit an Order. Once the Customer has added their chosen Goods to the Shopping Cart, the Customer will go through our checkout process and enter certain information, including their contact details, delivery, and billing information. The Customer is solely responsible for ensuring the Terms of the Order are complete and accurate. The Customer is given an opportunity to check and amend any errors before submitting the Order.

        3.2 Goods are described in the product Specification on our Website.

        3.3 The Order constitutes an offer by the Customer to purchase the Goods in accordance with these Terms.

        3.4 Once an Order and full payment has been received by us, the Customer will receive an Order Confirmation, either by email or by text message depending on the communication preference given by the Customer. Please check your spam and junk folders, if the Order Confirmation does not arrive directly into your inbox.

        3.5 We reserve the right to amend or change the Specification of Goods at any time, including if required by regulatory requirements.

        3.6 We reserve the right to cancel, without penalty or charge, (at any time) an Order or any part thereof.

        3.7 Once an Order has been accepted by us, it cannot be cancelled by the Customer except as otherwise expressly set out in these Terms, or where the prior written approval by us has been obtained in receipt of such cancellation.

        3.8 If we are unable to supply you with any Goods (e.g. out of stock), we will inform you immediately by telephone or email. If you have paid for the Goods in full, we will offer you a refund, including Shipping (where applicable).

         4. Price and Payment

        4.1 Payment is taken over a secure connection and cannot be viewed by anyone else. We do not transmit or store card details and are encrypted. We use Shopify ecommerce which is Payment Card Industry (PCI) compliant.

        4.2 Legal ownership of Goods will only pass to the Customer once payment has been made in full and received by us.

        4.3 We take all reasonable care to ensure that the prices of Goods are correct at the time when the relevant information was entered onto the system.

        4.4 Prices of Goods may change from time to time, but changes will not affect any Order already placed by the Customer (save as expressly set out in these Terms). However, if the rate of VAT changes after the date the Customer submits the Order, we shall adjust the rate of VAT the Customer pays unless the Customer has already paid for the Goods in full before the change in VAT takes effect.

         4.5 The price of the Goods excludes:

        a. The costs and charges of delivering, packaging, loading, unloading, insurance and transport of the Goods.

        b. Costs incurred by us as a result of the Customer failing to accept delivery of the Goods (including where the Customer nor a representative of the Customer are present to accept delivery).

        4.6 We may, by giving notice to the Customer at any time before delivery of the Goods, increase the price of the Goods to reflect any increase in the cost of the Goods that is due to:

        a. Any factor beyond our control

        b. Any request by the Customer to change the delivery date(s), quantities or types of Goods ordered, or the Specification; or

        c. Any delay caused by any instructions of the Customer or failure of the Customer to give us adequate or accurate information or instructions.

        4.7 Notwithstanding any other provision of these Terms, we hereby reserve the right in our discretion to charge the Customer for any and all additional and supplemental costs, expenses and/or charges which it incurs in connection with the supply of the Goods at any time prior to actual delivery of the Goods (including without limitation to reflect any increases in taxes, duties and/or tariffs). Any such costs, expenses and/or charges shall be payable by the Customer in addition to the price for the Goods.

        4.8 The Customer shall make all payments due to us under the Contract in Pound Sterling (£) only.

        5. VAT

        5.1 All prices displayed on our Website are inclusive of VAT.

        6. Delivery

        6.1 All Goods are subject to a lead time of at least 7 Business Days and dates quoted for delivery are approximate only and time of delivery is not of the essence.

        6.2 All Goods must be inspected by the Customer as soon as they are received. Any claims for missing faulty or damaged goods must be reported to us within 3 business days of receiving the Goods. We will not be liable for replacing or refunding the cost of Goods that you have caused any damage to, e.g. by way of trying to alter the performance, or look of Goods.

        6.3 If we fail to deliver the Goods, our liability will be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods.

        6.4 If the Customer fails to take delivery of the Goods after two attempted deliveries by us then, except where such failure or delay is caused by a Force Majeure Event or Our failure to comply with our obligations under the Terms:

        a. Delivery of the Goods shall be deemed to have been completed after the second attempted delivery;

        b. We will store the Goods until delivery takes place and the Customer will be liable for all related costs and expenses (including insurance); and

        c. Any redelivery of the Goods shall be at our discretion and the Customer will be responsible for the redelivery costs.

        6.5 If 10 Business days after the day on which we notified the Customer that the Goods were ready for delivery the Customer has not taken delivery of them, we may resell or otherwise dispose of part of all of the goods and after deducting reasonable storage and selling costs, charge the Customer for any shortfall below the price of the Goods.

        6.6 We may deliver the Goods by instalments. Any delay in delivery or defect in an instalment shall not entitle the Customer to cancel any other instalment.

        7. Warranty

        7.1 We warrant that on delivery and for a period of 6 months from the date of delivery of the Goods by us, the goods shall:

        a. subject to clauses 2 to 2.4 (inclusive), conform in all material respects with the Specification.

        b. be free from material defects in design, material and workmanship; and

        c. be of satisfactory quality (within the meaning of the Sale of Goods Act 1979)

        7.2 The Customer must inspect all Goods on delivery at the Delivery Location. Any discrepancy in the quantity or type of or damage to the Goods delivered must be reported to us within 3 Business days of delivery of the Goods at the Delivery Location. Subject to clause 3, if:

        a. The customer gives notice in writing to us during the Warranty Period that some or all of the Goods do not comply with the warranty set out in clause 7.1 (and supplies photographic evidence to support the claim).

        b. We are given a reasonable opportunity to examine the Goods; and

        c. The Customer (if asked to do so by us) returns such Goods (in their original packaging and properly packed) to our place of business at the Customer’s cost.

        7.3 We shall, at our option, replace the defective Goods or refund the price of the defective Goods in full.

        7.4 We shall not be liable for the Goods' failure to comply with the warranty set out in clause 7.1 in any of the following events:

        • the Customer fails to notify us as set out in 7.2.
        • the Customer makes any further use of such Goods after giving notice in accordance with 7.2.
        • the defect arises because the Customer failed to follow the our oral or written instructions as to the storage, commissioning, installation, use and maintenance of the Goods or (if there are none) good trade practice regarding the same;
        • the defect arises as a result of us following any instruction supplied by the Customer;
        • the Customer alters or repairs such Goods without our written consent;
        • the defect arises because of natural wear and tear, misuse or alteration, wilful damage, negligence, or abnormal storage or working conditions; or
        • the Goods differ from their Specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.

        7.5 Except as provided in this clause 7 we shall have no liability to the Customer in respect of the goods' failure to comply with the warranty set out in clause 7.1.

        7.6 The Terms implied by sections 10 to 14, of the Sale of Products Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.

        7.7 These Terms shall apply to any repaired or replacement Goods supplied by us.

        8. Risk & Title

        8.1 The risk in the Goods shall pass to the Customer on completion of delivery.

        8.2 Title to the Goods shall not pass to the Customer until we receive payment in full and any other goods that we have supplied to the Customer in respect of which payment has become due, in which case title to the Goods shall pass at the time of payment of all such sums.

        8.3 Until title to the Goods has passed to the Customer, the Customer shall:

        8.4 Store the goods separately from all other goods held by the Customer so that they remain readily identifiable as our property;

        8.5 Not remove, deface or obscure any identifying mark or packaging on or relating to the Goods;

        8.6 Maintain the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery;

        8.7 Notify us immediately if it becomes subject to any of the events listed in clause 1(b) to clause 9.1(d); and

        8.8 Promptly give us such information as we may reasonably require from time to time relating to the Goods and the ongoing financial position of the Customer.

        8.9 Subject to clause 6, the Customer may resell or use the Goods in the ordinary course of its business (but not otherwise) before we receive payment for the Goods. However, if the Customer resells the Goods before that time:

        a. It does so as principal and not as our agent; and

        b. Title to the Goods shall pass from us to the Customer immediately before the time at which resale by the Customer occurs.

        8.10 At any time before title to the Goods passes to the Customer and in respect of those Goods not already paid for, we:

        a. may by notice in writing terminate the Customer’s right under clause 3 to resell the Goods or use them in the ordinary course of its business; and

        b. require the Customer to deliver up all Goods in its possession that have not been resold, or incorporated into another product (where applicable) and if the Customer fails to do so promptly, enter any premises of the Customer or of any third party where the Goods are stored in order to recover them.

        9. Termination

        9.1 Without limiting its other rights or remedies, we may terminate this Contract with immediate effect by giving written notice to the Customer if:

        a. the Customer commits a material breach of any term of the Contract and (if such a breach is remediable) fails to remedy that breach within 10 days of the Customer being notified in writing to do so;

        b. the Customer takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), obtaining a moratorium, being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;

        c. the Customer suspends, threatens to suspend, ceases or threatens to cease to carry on all or a substantial part of its business; or

        d. the Customer's financial position deteriorates so far as to reasonably justify the opinion that its ability to give effect to the terms of the Contract is in jeopardy.

        9.2 Without limiting its other rights or remedies, we may suspend provision of the Customer under the Contract or any other contract between the Customer and us if the Customer becomes subject to any of the events listed in 1(b) to 9.1(d) or we reasonably believe that the Customer is about to become subject to any of them, or if the Customer fails to pay any amount due under this Contract on the due date for payment.

        9.3 Without limiting its other rights or remedies, we may terminate the Contract with immediate effect by giving written notice to the Customer if the Customer fails to pay any amount due under the Contract on the due date for payment.

        9.4 On termination of the Contract for any reason the Customer shall immediately pay us all of our outstanding unpaid invoices and interest and, in respect of Goods supplied but for which no invoice has been submitted, we shall submit an invoice, which shall be payable by the Customer immediately on receipt. If payment is not made, the Customer must return all of the Goods to us at our Head Office. The Goods must be as originally received; unpackaged and in new condition.

        9.5 Termination of the Contract shall not affect any of the parties' rights and remedies that have accrued as at termination, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination.

        9.6 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination of the Contract shall remain in full force and effect.

        10 Force Majeure

        10.1 Neither party shall be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure result from a Force Majeure Event. In such circumstances, the affected party shall be entitled to a reasonable extension of the time for performing such obligations. If the period of delay or non-performance continues for 3 months, the party not affected may terminate the Contract with immediate effect by giving written notice to the affected party.

         11 General

        11.1 We may at any time assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or;

        a. deal in any other manner with all or any of its rights or obligations under the Contract.

        b. the Customer may not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights or obligations under the Contract without our prior written consent.

        11.2 Confidentiality

        a. Each party undertakes that it shall not at any time disclose to any person any confidential and/or information concerning the business, affairs, customers, pricing operations, clients or suppliers of the other party or of any member of the group of companies to which the other party belongs or the terms of the Contract or any other contract between the parties.

        b. Each party may disclose the other party's confidential information: To its employees, officers, representatives or advisers who need to know such information for the purposes of exercising the party's rights or carrying out its obligations under the Contract. Each party shall ensure that its employees, officers, representatives or advisers to whom it discloses the other party's confidential information comply with this clause 11.2; and

        c. As may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

        d. Neither party shall use the other party's confidential information for any purpose other than to exercise its rights and perform its obligations under or in connection with the Contract.

        11.3 Entire agreement

        a. This Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

        b. Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in the Contract.

        c. No variation of this Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives)

        11.4 Waiver

        No failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

        11.5 Severance

        If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.

        11.6 Notices

        a. Any notice given to a party under or in connection with the Contract shall be:

        In writing.

        Addressed to the party at its registered office (if a company) or its principal place of business (in any other case); or such other address as that party may have specified to the other party in writing in accordance with this clause; and

        Delivered personally, by pre-paid first-class post or other next working day delivery service or commercial courier.

        b. Any notice shall be deemed to have been received:

        if personally delivered;

        if sent by registered first-class post, or other next working day delivery service, at 9.00 am on the second Business Day after posting; and

        if sent by email, at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume. In this clause, business hours means 9.00am to 5.00pm Monday to Friday on a day that is not a public holiday in the place of receipt.

        c. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

        11. 7 Third Party Rights 

        No one other than a party to the Contract and their permitted assignees shall have any right to enforce any of its terms.

        11.8 Governing Law

        The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by and construed in accordance with the law of England and Wales.

        11.9 Jurisdiction

        Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Contract or its subject matter or formation.

        12 Data Protection

        12.1 Each party shall, at its own expense, ensure that it complies with and assists the other party to comply with the requirements of all legislation and regulatory requirements in force from time to time relating to the use of personal data, including (without limitation) the Data Protection Legislation. This clause is in addition to, and does not reduce, remove or replace, a party’s obligations arising from such requirements. We will only use personal data provided by Customers, as set out in our Privacy Policy.

        13 Intellectual Property

        13.1 All Intellectual Property Rights in or arising out of or in connection with the Goods and the Website shall remain our property and nothing in the Contract is intended to pass ownership of such rights to the Customer.

        14 Limitation of Liability

        14.1 The restrictions on liability in this clause 14 apply to every liability arising under or in connection with the Contract including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.

        14.2 Nothing in the Contract shall limit or exclude our liability for:

        a. Death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);

        b. Fraud or fraudulent misrepresentation; or

        c. Any matter in respect of which it would be unlawful for us to exclude or restrict liability.

        14.3 Subject to clause 2 our total liability to the Customer shall not exceed the price of the Goods paid or payable by the Customer for the Order(s) to which the liability relates.

        14.4 Subject to clause 2 the following types of loss are wholly excluded (in each case whether direct, indirect, or consequential):

        a. loss of profit

        b. loss of sales of business

        c. loss of agreements or contracts

        d. loss of anticipated savings

        e. loss of use or corruption of software, data or information

        f. loss of or damage to goodwill; and

        g. indirect or consequential loss.

        This clause 14 shall survive termination of the Contract.