CLP Ts & Cs

TERMS & CONDITIONS

This page (together with the documents referred to on it) tells you the terms and conditions on which we supply CLP label products ("Products") listed on our website (“our website”) to you. Please read these terms and conditions carefully before ordering any products from our website. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions. 

Please note that we limit our liability at paragraph 15 below. 

You should print a copy of these terms and conditions for future reference.

 

1.   INFORMATION ABOUT US 

   1. Our site is a site operated by Klayton Candles (“we/us/our”).

       Our main trading address is at Klayton Candles, 5 Daneshill Lane, Manchester, M44 5GN.

2.   YOUR STATUS 

   1. By placing an order through our site, you warrant that: 


      a) You are legally capable of entering into binding contracts; and 

      b) You are at least 18 years old. 

      c) That any files, artwork or product names you send us are owned by you and have full copyright permission.


3.   HOW THE CONTRACT IS FORMED BETWEEN YOU AND US 

   1. Your order constitutes an offer to us to buy a Product or Products. All orders are subject to acceptance by us, and we will confirm such acceptance to          you by electronic notification at the end of the ordering process (the “Order Confirmation”). We are unable to issue an Order Confirmation until such        time as the ordering process is complete. The contract between us (“Contract”) will only be formed when we send you the Order Confirmation. 

       Once the Contract has been formed, the terms of the Contract cannot be varied without our prior written consent. 

   2. As the Products will have been made to your specification or personalised by you, you will not have any right to cancel the supply of any of the                    Products once you have placed an order. 

4.   CLP-SPECIFIC TERMS & CONDITIONS

   1. As per CLP regulations (Articles 22 & 28), you understand and agree that certain precautionary statements can be omitted from CLP labels. 

Article 22: Precautionary statements

The precautionary statements shall be selected in accordance with the criteria laid down in Part 1 of Annex IV taking into account the hazard statements and the intended or identified use or uses of the substance or the mixture.
Source: https://reachonline.eu/clp/en/title-iii-chapter-1-article-22.html

Article 28: Principles of precedence for precautionary statements

Where the selection of the precautionary statements results in certain precautionary statements being clearly redundant or unnecessary                               given the specific substancemixture or packaging, such statements shall be omitted from the label.

Where the substance or mixture is supplied to the general public, one precautionary statement addressing the disposal of that substance or mixture as well as the disposal of packaging shall appear on the label, unless not required under Article 22.

In all other cases, a precautionary statement addressing disposal shall not be required, where it is clear that the disposal of the substance or mixture or the packaging does not present a hazard to human health or the environment.

Not more than six precautionary statements shall appear on the label, unless necessary to reflect the nature and the severity of the hazards.
Source: https://reachonline.eu/clp/en/title-iii-chapter-1-article-28.html

2. We accept no responsibility if your fragrance suppliers provide incorrect or incomplete information on their CLP templates.

3. You accept that it is your responsibility as the manufacturer of your products to ensure that the CLP labels you attach to your products are correct. We accept no responsibility for any issues arising from incorrect labels being placed on to your products.

5.   MATERIAL AND INFORMATION PROVIDED BY YOU 

   1. Whenever you make use of a feature that allows you to upload material to our site you must comply with the content standards set out in our                      acceptable use policy. You warrant that any such material does comply with those standards, and you indemnify us for any breach of that warranty. 

   2. In addition to complying with our acceptable use policy, you agree that all material uploaded by you onto our site will be done at your own risk. You          must retain a copy of all material you upload. We expressly exclude all liability for any uploaded material which is lost or damaged during or after the uploading process. 

   3. Failure to follow our site’s preparatory instructions for uploading your material may result in Products of poor quality. We accept no responsibility for poor quality Products in those circumstances. 

   4. You must not upload any material that will breach any third party rights to such material unless you have their express consent. We have the right to.          disclose your identity to any third party claiming that any material uploaded by you to our site constitutes a violation of their rights. 

   5. We have the right to remove any material uploaded by you or not to fulfil any order if, in our opinion, such material does not comply with the content        standards set out in our acceptable use policy referred to at paragraph 5.1. You will receive a full refund of any sums already paid for an order we do not fulfil. 

   6. You agree only to provide someone else’s personal information if they have given you express consent to use it in respect of the Products you have             ordered. 

   7. Personal information is processed and stored in accordance with our Privacy Policy. 

   8. We may establish policies and limits concerning our storage of material uploaded by you and the amount of any material that may be uploaded. We          may delete your material stored by us which is inactive for an extended period of time without reference to you. We may change our policies and limits at any time, in our sole discretion, with or without notice to you. To the extent that we are permitted to do so by law, we may delete your material stored by us at any time. 

6.   APPROVALS 

   1. Prior to producing the Products, you may request an electronic proof of the Product for your approval. You are responsible for approving these proofs, and they will not be supplied unless expressly requested. You accept that once you have approved the proof, the Products cannot be changed nor cancelled. We shall have no liability to you for any errors in the proof subsequently discovered by you. 

   2. Your statutory rights are not affected by these terms and conditions. 

7.   AVAILABILITY AND DELIVERY 

   1. Unless there are exceptional circumstances, your Products will be despatched within the estimated timeframe stated at the top of the website.

   2. Where delivery is delayed due to exceptional circumstances, we will complete the work as soon as we reasonably can.

   3. Where the information we require to produce your labels is unavailable or we deem the information likely to be incorrect, we will not produce these labels and will refund you any associated costs paid for these labels, or offer a credit alternative. 

8.   NON-DELIVERY 

   1. You must notify us within 30 days of any failure on our part to deliver the Products in order that we can investigate the failure and take appropriate              action. 

   2. The earliest date we can claim against the Post Office for non-delivery is 10 working days from the date of despatch. We cannot process a reprint                before this time. You should notify us by phone or email if your goods have not arrived after 10 working days. 

   3. Once you have notified us in accordance with paragraph 8.2, we will redeliver Products to you, at no further cost or expense to you. 

9.   QUANTITIES 

   1. All reasonable endeavours will be made to deliver the correct quantity of Products ordered by you. 

   2. You acknowledge that variations in respect of quantities are inherent within the printing industry. 

   3. Any Products missing from your order must be reported within 3 working days of delivery. If the discrepancy is through no fault of the customer, the            missing Products will be dispatched within a reasonable time frame.

   4. All overages may be kept by you at no additional cost. 

10.   QUALITY 

   1. We shall try to meet your colour requirements where files are submitted in CMYK format in respect of the Products. You accept that variations in                  colours are inherent within the printing process for files submitted. You also understand and accept that computer hardware set ups are such that we          cannot guarantee that the Product colours will match those displayed on your computer screen during the ordering process. 

11.   RISK AND TITLE 

   1. The Products will be at your risk from the time of delivery. 

   2. Ownership of the Products will pass to you on delivery. 

12.   PRICE AND PAYMENT 

   1. The price of any Products will be as quoted on our site from time to time, except in cases of obvious error. 

   2. These prices do not include VAT, which will not be charged as Klayton Candles is not VAT-registered.

   3. Delivery costs are £3.00 on all print orders, which covers the cost of Royal Mail First Class postage, packaging materials and time costs.

   4. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation. 

13.   OUR REPLACEMENT POLICY 

   1. If you believe that a Product is defective, we may ask you to return them to us for examination. The cost to return the carousel-item is at the customers cost; however if we agree that the Products are defective and that we are at fault, we will reprint the products free of charge and may reimburse the charge incurred by the customer at our discretion. 

14.   CLAIMS 

   1. Claims for damage, shortages or non delivery must be advised by email within 30 days from the date that the Products were dispatched. 

   2. We shall not be liable in respect of any claim unless we are notified in accordance with paragraph 14.1 except where you demonstrate to our                        reasonable satisfaction that it was not possible to comply with this requirement and your claim was made by you as soon as reasonably possible                  thereafter. 

15.   OUR LIABILITY 

   1. Our liability in connection with any Product purchased through our site is strictly limited to the purchase price of that Product (including delivery                  costs). 

   2. We do not exclude or limit in any way our liability: 


      a) For death or personal injury caused by our negligence; 

      b) Under section 2(3) of the Consumer Protection Act 1987; 

      c) For fraud or fraudulent misrepresentation; or 

      d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability. 


   3. Whether caused by our negligence, breach of contract or breach of duty, we exclude all liability for: 


      a) Any direct loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or             office time; or 

      b) Any indirect or consequential loss or damage of any kind however arising, even if foreseeable. 


16.   WRITTEN COMMUNICATIONS 

   1. When using our site, you accept that communication with us will be by electronic means only. We will contact you by e-mail or provide you with.                  information by posting notices on our site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that        all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such                    communications be in writing. 

17.   NOTICES 

   1. You must give notice to Klayton CLP either at its registered office by registered post at your cost, or electronically using the messaging facility on our          site. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in the way specified in paragraph 16. Notice will be deemed received and properly served: 

      a) Within 1 working day when given electronically; and 

      b) 3 working days after the date of posting of any letter when served by post. 


   2. In proving the service of any notice, it will be sufficient to prove that such notice was properly addressed and sent. 

18.   TRANSFER OF RIGHTS AND OBLIGATIONS 

   1. The Contract is binding on you and us and on our respective successors and assigns. 

   2. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written          consent. 

   3. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time                  during the term of the Contract. 

19.   EVENTS OUTSIDE OUR CONTROL 

   1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by            events outside our reasonable control (Force Majeure Event). 

   2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular                    (without limitation) the following: 

      a) Strikes, lock-outs or other industrial action; 

      b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; 

      c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; 

      d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; 

      e) Impossibility of the use of public or private telecommunications networks; and 

      f) The acts, decrees, legislation, regulations or restrictions of any government. 


   3. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an                      extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close        or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event. 

20.   WAIVER 

   1. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these              terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. 

   2. A waiver by us of any default shall not constitute a waiver of any subsequent default. 

   3. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 17 above. 

21.   SEVERABILITY 

   1. If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law. 

22.   ENTIRE AGREEMENT 

   1. These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing. 

   2. We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or            be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions. 

   3. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions. 

23.   OUR RIGHT TO VARY THESE TERMS AND CONDITIONS 

   1. We have the right to revise and amend these terms and conditions from time to time. 

   2. You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products). 

24.   LAW AND JURISDICTION 

   1. Contracts for the purchase of Products through our site will be governed by the laws of England and Wales. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.  

 

Cancellations

Please note that a 5% charge of the total value of the original order will be made on all cancelled orders plus a £10.00 charge to cover adminstration fee.
Any costs incurred for work already carried out up to the date of written cancellation will also be charged for, and deducted before any refunds are made.

Refund Policy 

If you are unhappy with any of your products, please let us know within 5 days of receipt by email. You must receive confirmation of this via email that we have received your intent. When you let us know, we may have our couriers come to collect the items from you (please have 100% ready and packaged in the original boxes) and we will re-print from the exact specifications you sent us previously. If any of the items have already been used and not returned to us, we will not be able to offer refunds or re-prints. If we cannot find any reasonable fault with the items, we will not be able to refund or re-print; otherwise, we will be happy to refund or replace your goods. 

Any damages caused by our couriers are not under our liability; however, we will claim compensation from them and ensure your goods are re-printed once we receive the compensation from the couriers - you must notify Klayton CLP by email, within 2 days of receiving your goods to state the damages.

Klayton CLP are not responsible for checking any of your files/artwork/spellings; all guidelines are specified on this site; however, for extra advice, please get in touch before ordering. 

We are here to help, so please ask questions and ask for advice prior to placing your order, if you need to. 

Refunds will not, under any circumstances, be given for delayed deliveries. Klayton CLP, due to the volume of orders processed, are unable to guarantee any delivery dates; so if you have an urgent deadline, please ensure you check with us if turnaround will be at all possible.