Terms And Conditions Of Use
These are our terms and conditions. Please read them with care.
Clarendon (or we/our/us) means Clarendon Games, company number 2286862, registered office at 25 Rosemary Road, London, SW17 1HB (firstname.lastname@example.org)
You/your means the person, company or organisation who places the order
Website means our website www.clarendongames.com
Delivery Address means the address for delivery of the goods to you, as indicated by you when placing an order.
Goods means any goods to be supplied by us to you following receipt of an order.
Contract means our acceptance of the order.
The supply of goods to you by us shall be subject to our terms and conditions, which are accessible through these pages on our website. Please read these pages carefully before placing an order. The placing of an order shall be considered acceptance of our terms and conditions.
We reserve the right to amend and update these terms and conditions from time to time. It is your responsibility to check our terms and conditions at the time of placing an order.
If you are under 18 you must seek permission from your parents or guardian before you e mail the website or ask the website to e mail you or send any information to the site or attempt to buy any products from the site. If you continue to use this site and services you are confirming that you have received the consent of your parent or guardian.
2. ACCEPTANCE AND CANCELLATION OF ORDERS
All orders placed through our website will be subject to our acceptance of the order and all goods and services are sold subject to availability.
Once an order has been placed you will have a 7 day cooling off period during which you may cancel your order by notifying us (see contacts detail on our website) of your wish to cancel the order. If the goods have not yet been dispatched we will simply hold on to the goods and refund you within 30 days.
If the goods are already in transit you will need to return them to us in the original packaging and once we have checked the goods back we will arrange a refund within 30 days.
When ordering goods from the website you will be required to complete an order form. As part of the ordering process you will be required to read through and accept our terms and conditions document.
Once an order has been submitted to us we will send a note of receipt to the e mail address provided. For the avoidance of all doubt this will not constitute acceptance of the order.
All goods are subject to availability. Once we have received your order we will check availability. If the goods are available we will confirm in writing our acceptance of the order. If the goods are out of stock and not available we will write back to you estimating the expected delivery time and offering you the choice of accepting the delay and maintaining the order or alternatively of cancelling the order.
We reserve the right to decline orders for bulk or high value purchases.
3. DATA PROTECTION
3.1 In order to respect the privacy of our customers we have a responsibility to keep your information confidential. We will use it only to offer our products or services, subject to your acceptance that we may use these details for our marketing purposes.
3.2 You warrant that we may store and process your personal details and information in order to supply goods or services and that this information will be stored in accordance with any Data Protection legislation.
4. RETURNS AND REFUNDS
If goods are delivered to you in a faulty condition you should notify us immediately, providing details of the fault and we will supply you with a written returns note.
Once goods are received back by us we will issue a full refund within 14 days.
We reserve the right to refuse returns if the goods have been altered or used by you in such a way that the damage has directly resulted.
The goods will be delivered to the address supplied in the customer order form.
The delivery will be considered to have been fulfilled once the goods have been delivered.
Third party carriers will generally carry out our delivery instructions and we cannot be held responsible for all their actions, which will sometimes be beyond our control.
You acknowledge and accept that we cannot be held responsible for any errors made by you on the order form.
Any postage charges will be set out on the website form and will be applied in accordance with the detail on the order form at the moment in time when the order is placed.
We shall not be responsible for a non delivery unless you notify us within 7 days of the indicated delivery date (on the order acceptance form) that you have not received the goods ordered.
Our liability (if any) shall be limited to the issue of a credit note to the value of the price paid for the goods missing.
6. PRICE AND PAYMENT
The price charged for goods shall be the price quoted on the acceptance form sent by us to you.
All prices are in £ Sterling.
Please note that outside the EU you may be subject to your own local tax or duty. We do not accept responsibility for these charges and we recommend that you check with your local tax office before placing an order.
Payment is accepted by credit or debit card and is collected once you click the “confirm payment” button at the end of the purchase process. We accept Maestro, Visa, Mastercard, Delta or Solo cards.
Payment details will be collected at the point of order by Secpay, which is a system that offers a secure payment gateway and has been approved by a number of banks. All the information which you provide in the purchase process is encrypted and a series of security checks are routinely made with your bank. At no point will Clarendon collect or hold your payment details.
You will receive a confirmation e mail from us once payment has been effected.
The website is owned and operated by Clarendon. All content within the site, including but not limited to website design, text, graphics, audio and video clips, images, page layout, underlying code and software and the arrangement thereof are the property of Clarendon or its suppliers and are protected by UK and international copyright and other relevant laws.
All other trademarks, product and company names or logos are the property of their respective owners and may not be used without the prior written consent of Clarendon or such third parties as may own the trademarks.
Permission is granted to copy electronically or print portions of this website solely for the purpose of placing an order. Any other use of materials on this website for any other purpose is strictly prohibited without written consent from Clarendon.
8. INTELLECTUAL PROPERTY RIGHTS
No participant or client shall(and each client shall procure that its participants shall not) at any time use any information or materials belonging to Clarendon, including without prejudice to the foregoing generally any intellectual property rights or know how that may in any way prejudice Clarendon.
We warrant that goods supplied will be of a satisfactory quality within the meaning of The Sale of Goods Act 1979. In addition to any legal requirements we will look to operate a full refund or exchange policy for customers who are unhappy with specific purchases made from our site and notify us within a month of purchase.
Neither Clarendon nor its directors, employees, affiliates or any other representatives will be liable for loss or damages arising from or in connection with the use (or inability to use) the materials, facilities or services offered through our website. This includes but is not limited to indirect or consequential loss or damages, loss of data, income, profit or opportunity, loss of or damage to property and claims of third parties. If this clause is unenforceable in whole or in part due to relevant laws then in no circumstance shall Clarendon’s total liability to you for damages, loss or claims, (including but not limited to negligence), exceed the amount paid by you (if any) for accessing our website. No exclusions of Clarendon’s liability in these terms and conditions shall apply to any damages arising from death or personal injury caused by the negligence of Clarendon or any of its directors, employees or agents.
Clarendon has taken all reasonable care in the preparation of the content within this website but makes no representation or warranty of any kind with regard to the operation of the website or the information and content provided.
Clarendon shall not be liable for any loss or damage suffered by you from the use of any information contained in any of the materials on the website. Users should be aware that they use the site at their own personal risk.
Clarendon makes no representation , warranty or guarantee of the suitability of the Clarendon’s properties for companies’ purposes, that the use of the Clarendon properties or account shall be secure, uninterrupted or error free, or that the Clarendon properties shall function properly in combination with any third party technology, hardware, software, systems or data. The Clarendon properties are provided ‘as is’ and all conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, title, fitness for a particular purpose, or non-infringement are hereby disclaimed to the maximum extent permitted by the applicable law. The Clarendon properties may be subject to interruption, limitations, delays, and other problems inherent in the use of internet applications and electronic communications and Clarendon is not responsible for any such delays, delivery failures or other damage resulting from events beyond Clarendon’s control.
CLARENDON AFFILIATE PROGRAM
Affiliate Program Terms & Conditions
Please read our terms and conditions carefully before you agree to participate in the Clarendon Affiliate Program (Our “Affiliate Program”). You must accept all of the terms and conditions in this agreement in order to participate in the Clarendon Affiliate Program. By selecting the “I accept the Terms & Conditions” checkbox at the bottom of the online application, you are entering into a legal agreement with Clarendon, thereby legally indicating your acceptance of the terms and conditions contained in this agreement. You agree to be bound by the terms and conditions of this agreement. Do Not check the “I accept the Terms & Conditions” checkbox if you do not accept the terms and conditions of this agreement.
DEFINED TERMS. “you” or “your” shall mean you, the affiliate applicant. “We” or “Us” or “Our” shall mean Clarendon. “Our Website” shall mean the Clarendon Web site, which is Clarendon.com. Your Website” shall mean the Website from which you will link to our website. “affiliate” shall mean the party accepted as a member of our Affiliate Program. “Affiliate Site” shall mean an Affiliate Website that has been accepted into the Clarendon Affiliate Program. “Products” shall mean any items offered for sale on our Website and does not include items offered for sale by third parties on our website. “Link” or “Links” means any text, banners, buttons that link to the Clarendon Website or to any of the specific products on any page of the Clarendon.com website. "Cookie" or "Cookie code" shall refer to a unique string of numbers and letters that is applied to an order for a discount on that order at the request of the customer.
ENROLLMENT IN THE CLARENDON AFFILIATE PROGRAM. You will need to submit a complete Application into our affiliate program and accept the terms and conditions of this Agreement. After we review your application, we will notify you of your acceptance or rejection to the Program. We may reject your application (at our sole discretion) if we feel your site is unsuitable or inconsistent with the mission of Clarendon. If your site is accepted, Clarendon may terminate this Agreement anytime thereafter if your site is determined (at our sole discretion) to be unsuitable for the Program. Only sites in English are eligible to participate in the Clarendon Affiliate Program. We do not accept sites into our program that promote or contain violence, libelous or defamatory material, illegal activities, sexually explicit or obscene content and/or images or content that discriminates based on race, religion, sexual orientation, nationality or age. We reserve the right to remove an affiliate from the Clarendon Affiliate program at any time, for any reason, at our sole discretion.
LINKING TO CLARENDON
Upon acceptance into the Clarendon Affiliate Program, we will provide you with a variety of text and/or banner links that will allow your website visitors to be transported directly to our website. You may display these links as often and in as many areas of your site as you desire. The Links will serve to identify your site as a member of our Affiliate Network and will establish a link from your site to ours. Should you desire to add a text link or banner link to our website that is of your own design; you must receive written consent from Clarendon before putting such links on your site. No changes of any type may be made to the links that we provide you without written consent from Clarendon. We reserve the right to monitor your Web site at any and at all times to make certain that you are in compliance with the terms and conditions of this Agreement. You shall be fully responsible for all content, links and activities conducted on your Web site. We disclaim all liabilities related to such matters. You agree to indemnify Clarendon and hold us harmless (as well as our employees, officers, agents, directors and affiliated entities) from all liability claims, damages and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, activities, contents and links of your Web site.
Cookie Code and Link. We will provide a unique Cookie code and link for your use. The Cookie code and link are not severable. The link to Clarendon must be in the proximity of the Cookie code and on the same page. The link must be present, current, and exact as provided in the program.
Intent of this Affiliate Program. This Affiliate Program is to be used in the same capacity as any other typical affiliate program. Cookie codes are not to be distributed on Cookie sites. All uses of your unique Cookie code and link(s) must be used in a common 'affiliate program' capacity known in the art.
Reissuing your unique Cookie Code. We reserve the right to reissue your unique Cookie code at any time, for any or no reason, at our sole discretion. We will notify you by email if your Cookie code is reissued at any time.
Referral Fees and Commissions. We will pay you on all net sales based on the amount of net revenue achieved in a given month. The Commission shall be 15% of the Net Sales of Products purchased by a User utilizing the links between your Web site and our Web site (the "Commission"). "Net Sales" shall mean the gross sale price of a Product, excluding amounts collected by us for duties, fraud, charge-backs, exchanges, refunds, postage and packaging, returns, discounts and similar charges. The current Commission fee schedule is 15% on all “Net Sales”.
The Referral Fees and the Commission rates are subject to change at any time at our sole discretion without notice. In order for you to generate a Referral Fee or Commission, the User must follow a link from your Web site to our site, purchase the product using our automated web ordering system using the unique Cookie code issued to you. Regardless of how the User places their order, the Cookie must be provided by the User at the time of purchase. Furthermore, the Cookie must be valid and applicable to such order. One Cookie per order. The User must accept the delivery of the Product at the shipping destination, remit full payment to us and not cancel the order or return the Product to us within our 30 day return period. We reserve the right to change or modify our return policies at any time without notice at our sole discretion. You will not be eligible for a Referral Fee or Commission if a party comes to Clarendon through a link on your site, or other link established, and does not submit your Cookie code.
Your commissions will be paid once every month on any amounts due to you that are £20 or greater. If the commissions earned by you are less than £20 for any given month, the amount will be rolled over to the following month/s until the £20 minimum is reached. We will send you a check for the Referral Fees and Commissions earned for Products that we shipped during the applicable period and for which the 30 day return period has elapsed, less any taxes on such Commissions that we are required by law to withhold, provided you have (a) met the Payment Minimum (defined above), (b) not breached any terms or conditions of this Agreement, and (c) you have previously provided to us a valid mailing address to which the payment may be mailed. The Payment Minimum is subject to change at any time without notice at our sole discretion.
POLICIES AND PRICING Users who purchase Products through the Affiliate Program will be deemed to be customers of Clarendon. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service and sales will apply to those Users. We may change our policies and operating procedures at any time in our sole discretion without notice. Products, availability of our Products and our pricing of such Products may vary from time to time. We will use commercially reasonable efforts to present accurate information.
Limitation of Liability
We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the Affiliate Network, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Affiliate Program will not exceed the total commissions paid or payable to you under this Agreement.
We grant you a nonexclusive, nontransferable, revocable right to access our site through the Links solely in accordance with the terms of this Agreement, for the sole purpose of linking your site to our site. You may not alter, modify, or change the Links in any way. You are only entitled to use the Links and Cookie code to the extent that you are a member in good standing of the Clarendon Affiliate Program. We may revoke your license anytime by giving you written notice.
We make no express or implied warranties or representations with respect to the Clarendon Web site or the Clarendon Affiliate Program (including, without limitation, warranties of fitness, merchantability, non infringement, or any implied warranties arising out of course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
The terms of this Agreement will begin upon acceptance of your application. This Agreement shall commence on the date of approval of your Affiliate Program application and shall continue thereafter in full force and effect until terminated at any time by either party by giving the other party written notice of termination. Upon termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all Links to our site, unique Cookie codes issued to you, and all Clarendon.com trademarks, trade dress and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program.
We may modify any of the terms and conditions of this Agreement at any time and will post the changes accordingly. If the modifications are unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in this Affiliate Program after a change notice has been posted will constitute binding acceptance of the change.
Affiliates will be removed from the Clarendon Affiliate Program and forfeit any pending commissions if they are caught spamming. Spamming is not allowed and will not be tolerated!
You and Clarendon are independent contractors and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf.
Representations and Warranties
You hereby represent and warrant to us as follows:
1. This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms.
2. The development, operation, and contents of your site do not infringe upon the copyright, trademark, or any other right of any person or entity.
You acknowledge that you have read this Agreement and agree to all its terms and conditions. You understand that we may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this Agreement or operate Web sites that are similar to or compete with your Web site. You have independently evaluated the desirability of participating in the Clarendon Affiliate Program and are not relying on any representation, guarantee, or statement other than as set forth in this Agreement.
If you commit fraud or falsify information in connection with orders, or registered customers, placed on Clarendon through the Links on your site, this Agreement will be terminated immediately. In addition, you will be liable to Clarendon for any and all damages that Clarendon suffers as a result of such actions. You will also be responsible for returning to Clarendon all commissions received for fraudulent/falsified orders or other purchase, and we will not hesitate to pursue all legal causes of action against you to the fullest extent possible under the law.
This Agreement and the rights and obligations hereunder may not be assigned by you without prior written consent of Clarendon.
This Agreement will be governed by the laws of the United Kingdom and Northern Ireland, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the courts located in the UK and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such a provision or any other provision of this Agreement
Clarendon does not allow its affiliates to send unsolicited bulk e-mail with the Clarendon trademark, name or logo. Violators will have their affiliate program cancelled without notice and all commissions earned will be forfeited.