Welcome to Clarkes website terms and conditions of use. These terms and conditions apply to the use of this Website and by accessing this Website and/or placing an order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions you be unable to use all the elements of this Website.
Means these terms and conditions and the Special Conditions
A product displayed for sale on the Website
Part of the Website where certain terms and conditions in respect of the individual Product are provided
Explains terms and conditions in the Product Description
All the users of the Website collectively
Your details provided by you on registration
Refers to Clarkes of Maidstone
Refers to you the customer
Clarkes website located at www.clarkesfurnishers.co.uk or any subsequent URL which may replace it
Small text files which our Website places on your computer's hard drive to store information about your shopping session and to identify your computer. More information on the cookies we use.
Each product purchased is sold subject to its product description which sets out additional specific conditions related to that product including, without limitation, terms and conditions concerning estimated delivery times. We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the website are correct at the time when the relevant information was entered onto the system. Images for items are for illustration purposes and may not represent actual colour chosen when ordering from optional selections. Beyond the county of Kent area deliveries will be subject to an extra, out of area delivery charge. For all areas that are not quoted, please allow us to offer where possible, a competitive delivery charge based on the distance and size of your order.
When you place an order with us by pressing the “Place Order” button on the purchasing page you are making an offer to purchase product(s) from us and committing your intention and obligation to pay for goods selected. No contract exists between us at this point. The contract is only created when we send you an email confirming receipt of your order and our acceptance of it, and we have taken payment as detailed below.
You, the customer, shall be responsible for determining purchased goods accord with your requirements and are fit for your intended purpose. This includes that the dimensions of the goods are suitable for your requirements. Clarkes will not be responsible for product that does not fit into your home and in such a case where required additional charges may be applied if specialised delivery becomes necessary. For details please check our helpful things to consider list
It is your responsibility to check and determine whether the Conditions are acceptable, Clarkes may update or change these Conditions at any time, if you do not agree to the conditions then you should not continue to use this Website.
All prices are inclusive of VAT (where applicable) at the current rates and are correct at the time of entering the information onto the system. The total cost of your order is the price of the products ordered plus delivery charges as set out in the delivery section of this Website. Payment can be made by any of the methods specified in the payment section of this website and payment will be debited and cleared from your account when ordering the goods. All stock items will require full payment at point of ordering. Full payment will automatically be determined at the checkout for stock items, goods to order will offer a choice to pay in full or leave a deposit. Special order items will be subject to a minimum deposit of 25%, the balance will be required when the goods arrive at Clarkes warehouse. No item/s can be dispatched prior to your balance being paid in full. Your credit or debit card maybe used for payment of the balance, this can be done either in-store or over the telephone. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses or does not, for any reason, authorise payment to us, we will not be able to deliver. We are not liable for any delay, non-delivery or any other costs that may arise from these circumstances.
Please be aware that all prices are displayed in Pounds Stirling (GBP) which is the only currency accepted.
If you wish to change or cancel an order please contact us on Tel: 01622 753073 any time between 9:00am and 5.00pm Monday to Saturday. Please have the order number and date the order was placed to hand.
If your products have already been delivered, then you will need to contact Clarkes within 48hours of delivery to arrange collection or return. Please see Refund Policy for further details. Alternatively we have provided a cancelation form on this site click here to see this can be completed and forwarded via the website or by post. Once completed Clarkes will contact you directly in order to confirm and discuss details as required.
If you decide to cancel your made-to-order/special order product for any reason, it is unlikely that we could sell at the original selling price. We therefore reserve the right to charge a cancellation fee of 25% of the order value. You are responsible for determining that any special order/made to order goods meet with your requirements and are fit for your purposes and that the dimensions of the goods are suitable. Please refer to our Make sure it will fit before committing to your order.
We reserve the right to cancel or not accept an order if:
We reserve the right to:
Modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice. Clarkes shall not be liable to you or any third party for any modification to or withdrawal of this Website.
Neither party shall be liable to each other or be deemed to be in breach of the Agreement by reason of any delay in performing or failure to perform any of its obligations in relation to the Services if such failure or delay was beyond that party’s reasonable control. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond either party’s reasonable control:
To check your order status, please either email us at email@example.com or contact us by Telephone on 01622 753073. To ensure prompt handling please quote your order reference, contact details and delivery address.
To find and access information on your past orders, please Sign into your account at the top of our web page. Clarkes online access will only allow access to previous orders created via our website.
All dates quoted for delivery of the goods are approximate only, delivery times are always given in good faith and Clarkes shall not be liable for any delay in delivery of the goods howsoever caused. Time for delivery shall not be of the essence unless previously agreed by Clarkes in writing. In the event of goods arriving early you would be expected to accept delivery unless an exception is agreed at time of ordering. Any such agreement will need to be confirmed in writing and form part of the contract.
If for some reason you are unable to take delivery of the goods or delivery cannot be made due to factors beyond Clarkes control then without prejudice to any other right or remedy available, Clarkes may:
Your furniture is carefully transported and wrapped to keep it in perfect condition. Our highly trained delivery crew will deliver your new furniture, unwrapping and placing it exactly where you want it (subject to access), then remove all the packaging for recycling. As part of the Clarkes experience, this also includes assembly for most items of furniture, although we will require enough space to assemble such items and for the area which they are intended to be clear, prepared and ready for the item/s. Our delivery crews are unable to undertake any wall fixings or electrical connection.
It is your responsibility to advise us at the time of ordering product/s of any difficulties that may be encountered when delivering to your property. Please ensure this information is documented in the comments box when ordering. (This comment box along with other delivery details is part of the checkout process). Safe access to the room of choice must also be considered ensuring the route is clear of obstacles that may cause damage to the product/your belongings and the Clarkes delivery team. Clarkes will not be liable for any costs incurred that either affects or prevents delivery in to your home i.e. doors or windows that require removal etc. Should any such elements be required it will be your responsibility to arrange and inform Clarkes in advance of delivery. This needs to be confirmed via the comment box during the checkout process. If circumstances like these arise then Clarkes reserves the right to deliver only as far as the front door or make additional charges to complete the delivery. To avoid any such charge please ensure that you inform Clarkes in advance of arranging your delivery. Will It Fit In
If you cancel your order after the goods have been delivered and signed for in good order, you must take care of them and keep the original packaging where possible and make them available to us when we call to collect them on a date agreed with you. We will refund to you all the monies paid by you for the goods in question, including the original delivery charge and excluding the cost of collection. The cost of collection is £50 in Kent; collection charges outside Kent will be equal to the delivery charge or £50 whichever is the greater (i.e. if delivery charge is £100 the collection charge will be £100). The refund will be in the same form of payment originally used for the purchase provided that the goods are returned/collected and received in the condition that they were delivered to you within 30 days. The refund will be processed within 7 days of the goods arriving back at our distribution centre.
Should the product returned not be in fully re-saleable condition or is damaged, we reserve the right to refuse a refund on the item, or deduct up to 25% of the original selling price from the refund amount. This does not affect your statutory rights.
We will treat all your Personal Information as confidential, although we reserve the right to disclose this information in the circumstances set out below. The data will be kept on a secure server which will fully comply with all applicable UK Data Protection and consumer legislation in place at the current time.
While shopping on this Website, you will be asked you to input personal information such as your name, e-mail address, billing address, delivery address, telephone number, product selections, credit card or other payment information and to create your login details and password. Other details that may be collected while searching the Clarkes website are for example: the URL you came from, IP address, domain types like .co.uk and .com, your browser type, the country and telephone area code where your computer is located, the pages of our website that were viewed during your visit, and any search terms that you entered on our website using our search facilities. We may collect this information even if you do not register with us.
You should be aware that this site is being monitored and may capture information about your visit that will help us improve the quality of our service
We confirm that any Personal Information which you provide to us (or which is available on public registers) and any User Information from which we can identify you, is held in accordance with the registration we have with the Data Commissioner's Office. We use your information only for the following purposes:
You agree that you do not object to us contacting you for any of the above purposes whether by telephone, e-mail or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under the Privacy and Electronic Communications (EC Directive) Regulations 2003
When you create a shopping account while ordering online you will be given the option to receive information from Clarkes of Maidstone by post, e-mail or telephone, about products, promotions or special offers which we feel may be of interest to you.
In the event that you do not wish to be contacted for such purposes, ensure that you tick the appropriate box as you go through the registration process. You may unsubscribe from our contact list at any time by replying to a promotional e-mail with the word "unsubscribe" in the subject line, by e-mailing us at firstname.lastname@example.org or by telephone on 01622 753073 between 9:00am and 5.00pm Monday to Saturday.
You should be aware that if we are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your Personal Information and /or User Information, we are entitled do so.
Cookies are used to keep track of your current shopping session to personalise your experience and so that you may retrieve your shopping basket at any time - if you do not accept Cookies you will be unfortunately you will be unable to use this Website.
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us. You are permitted to use this material only as expressly authorised by us.
You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to make a purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy, completeness, compatibility or security.
We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy and reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
Except in respect of death or personal injury caused by our negligence, we shall not be liable to you by reason of any representation or any implied warranty condition or other term or any duty at common law for any costs or other claims for expenses or any other claims for consequential or financial compensation (howsoever caused) whatsoever which arise out of or connection with your use of this website or in connection with the supply of the goods or their use or resale by you except as expressly provided in these conditions. Where we are in breach of contract, our liability shall not exceed the purchase price of the goods which are the subject of each contract.
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
These Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what Clarkes and you are expected to do. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these terms and conditions.
The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.
The registered company address of Clarkes is:
33 Sandling Road
Tel 01622 753073