TERMS AND CONDITIONS

General

Cloudberry Living Limited (www.cloudberryliving.co.uk and www.cloudberryliving.com) is an online shop that sells designer gifts and home accessories from Scandinavia. Our focus is to offer high quality products and to give a professional and first class service to our customers. Our conditions of purchase follow the applying English legislation and our own guiding principles. They do not affect your statutory rights.

The term “Cloudberry Living” or “us” or “we” refers to the owner of the website whose registered office is Cloudberry Living Ltd, Printing House, 66 Lower Road, Harrow. HA2 0DH. The term “you” refers to the user or viewer of our website.

We may change these Terms and Conditions at any time. Any changes will take effect on the date they are posted on the website.

If you have any questions, please contact our customer services via the Contact Form on  www.cloudberryliving.co.uk.

Contact

The cloudberryliving.co.uk website (“the website") can be contacted at:

Cloudberry Living
Printing House, 66 Lower Road
Harrow
HA2 0DH
United Kingdom

Email: enquiries@cloudberryliving.co.uk
Phone: +44 (0) 7780 693 034

The Company

Cloudberry Living is owned and operated by Cloudberry Living Ltd. Registered office: Printing House, 66 Lower Road, Harrow. HA2 0DH, United Kingdom.

Company No: 6203364 Registered in England and Wales. VAT Registration Number: GB 991061908.

Prices and Promotions

All prices and charges on the website are shown in UK pounds Sterling. They include any VAT payable but exclude delivery charges.

Although we endeavour to ensure that all pricing information on the website is accurate, occasionally an error may occur and goods may be mispriced. If we discover a pricing error we will, at our discretion, either: contact you and ask you whether you wish to cancel your order or continue with the order at the correct price; or notify you that we have cancelled your order. We will not be obliged to supply goods at the incorrect price. If we do cancel your contract we will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.

Prices that are reduced for sales and promotions are only valid for the specified period.

Overseas orders may be subject to import duties and taxes, which are levied once a shipment reaches its destination country. We have no control over additional customs charges and as such, these charges are to be paid by the purchaser.

We reserve the right to adjust prices, offers, goods and specifications of goods on the website at our discretion at any time before (but not after) we accept your order.

Ordering

Making a purchase online at cloudberryliving.co.uk is fast, easy and secure and available 24 hours a day, 7 days a week. Just browse our store, and add any items that you wish to buy into the shopping basket. After you have finished your selection, click on 'Continue to Checkout' and you will be asked for a few details that we need to be able to complete the order. You will have an opportunity to check and correct any input errors in your order up until the point at which you submit your order by clicking the ’submit order’-button on the secure ordering page.

By placing an order with us you will be deemed to have read, understood and agreed to these Terms and Conditions.

After submitting an order to us we will send you a transaction confirmation email with your order number and details of the goods that you have ordered. If you do not receive this email please contact us via the Contact Form on the website stating your order number so that we may investigate and confirm that your order has been placed successfully. We also suggest that you check your spam folder as your email provider may have classified the email as spam. If you add orders@cloudberryliving.co.uk, enquiries@cloudberryliving.co.uk and news@cloudberryliving.co.uk (if you want to receive our newsletter) into your address book, you should be able to prevent future mails from us being incorrectly delivered to your spam folder.

Please note this email is an acknowledgement and is not an acceptance of your order. A contract between you and Cloudberry Living for the sale of our products will only exist once an order has been accepted, processed and dispatched to you.

Should we be unable to fulfil an order due to an item being out of stock or discontinued, we will contact you by e-mail and you will have the option to wait until the goods are available from stock, or cancel your order in accordance with our cancellation and returns policy.

All dates quoted for delivery are estimated delivery dates only and may be subject to change and we can accept no liability for any loss or damage (whether direct or indirect) for delivery at any time other than the estimated date for delivery.

Refusal of transaction

All orders made by you through the website are subject to acceptance by us. We may choose not to accept your order for any reason and will not be liable to you or to anyone else in those circumstances.

To be eligible to purchase products from us on this website and form a contract you must:

Be at least eighteen years of age. Register using your real name, phone number, e-mail address and payment details. Provide a shipping address that is not a PO Box. Use a valid credit/debit card that is acceptable to our bank partner.

We cannot accept your order if any of the following occurs:

We cannot charge your credit card for some reason. If we are unable to deliver for reasons out of our control or if we do not have the product(s) in stock.

Right to Withdraw Goods

We reserve the right to withdraw any goods from the website at any time. We will not be liable to you or anyone else for withdrawing any goods from the website.

Payment

The total cost of your order is the price of the goods (VAT included) plus delivery charges as set out in the Delivery and Risk section below, and will be confirmed to you on the final step before you click on the ’submit order’-button.

Payment can be made by most major credit or debit cards.

You confirm that the credit/debit card that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal.

We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order.

Delivery

We dispatch items anywhere within the UK and the EU. Unfortunately we are unable to deliver to countries outside the EU.

UK Delivery

We dispatch your items as they are available using recorded delivery. Someone will be required to sign for receipt of the package. Stock permitting, all orders are usually dispatched within 24 hours of being accepted. In the event that an item is temporarily out of stock (please refer to the item description on our website for an estimated delivery time), we will send it as soon as it comes in and notify you of the dispatch by email. We only charge for delivery once per order even if we send out more than one parcel. Our normal procedure is to dispatch your whole order in one parcel. If you have ordered goods with different availabilities and it is particularly important to you that you receive goods as they become available, please let us know by email. We offer two delivery options in the UK: 1. Standard Delivery Cost £4.95 per delivery address in the UK mainland and £9.95 per non-mainland UK address. Please allow 5 working days for your delivery if you order before midday Monday - Friday (excluding bank holidays). 2. Express Delivery Cost £9.95 per delivery address in the UK. Monday to Friday only (excluding bank holidays). This guarantees delivery of your order within two working days, providing your order is received by us before 8.00pm. We will use our reasonable endeavours to ensure that this estimated delivery time is met but we cannot accept any liability for late deliveries, which are due to circumstances outside of our reasonable control.

EU Delivery

We dispatch your items as they are available using International Signed For Delivery and therefore someone will be required to sign for the package. Within the EU shipping is charged at £19.95.

Transport Liability

Orders will be sent to the delivery address that you specify when placing your order. We cannot be held responsible if this delivery address is incorrect. We cannot take responsibility for a lost or stolen parcel if you request it is left somewhere rather than signed for at your address.

On occasion items maybe lost in transit. If this occurs, please contact our customer services team via the Contact Form on the website by quoting your order number and full delivery address and we will investigate with the carrier.

Cloudberry Living Ltd. is responsible if the shipment is damaged or lost during transportation to the customer. If you, when receiving a shipment, notice that it is visibly damaged, you should mark it ‘broken’ or ‘damaged’ in your signed receipt and immediately report it to the transportation company.

Once you have received the goods, all risk of damage to, or loss of, the goods shall pass to you. If you intend to cancel your order in accordance with the cancellation and returns policy, you must keep good care of the goods pending their return to us.

Please note that if the parcel is damaged or lost when returning it on your request, you are responsible for loss or damage. We suggest that you return products in the original container or similar if possible. We also recommend that you obtain a certificate of posting.

Cancellation & Returns

Should you wish to cancel or return any of your goods, you may only do so in accordance with our cancellation and returns policy:

Prior to Delivery

At any time contacting our customer services team, quoting your order reference number, via the Contact Form on the website providing your goods have not already been dispatched. If the goods have been dispatched then please follow our returns policy as detailed below. If you receive the goods after you have cancelled your order but the order has already been dispatched then you must send the goods back to us, without unpacking them, at your own cost and risk. Once you have notified us that you are cancelling your contract, and provided that the goods in question are returned by you and received by us in their original condition, any sum debited from your credit card will be re-credited, less the delivery costs, to your account within 30 days.

After Delivery

If the goods we deliver are not what you ordered, are damaged or defective, or the delivery is of an incorrect quantity, we ask for goods to be examined as soon as reasonably possible after delivery and if possible you notify us of the problem via the Contact Form on the website within 7 working days. If you notify a problem to us under this condition, our obligation will be, at your option: To make good any shortage or non-delivery To replace any goods that are damaged or defective To refund to you the amount paid by you for the goods in question If the return is a result of a mistake by Cloudberry Living we will refund the delivery charge, otherwise the delivery charge is non-refundable. Replacement items will be sent to you free of delivery charges. Refunds will be made in the same form of payment that was originally used, within 30 days of us receiving your return. You may cancel your order (or any part of it) for any reason within 7 working days of receipt of the goods. In order to do so, please simply contact us via the Contact Form on the website. We will issue you with a returns reference number and ask that you mark it clearly on the packaging and pack the item(s) in the original packing and return the item(s) to us. The item(s) must be unused, in its original condition with all tags attached. The purchasing sum, shipping costs deducted, will be refunded within 30 days from the day the product reaches Cloudberry Living Ltd. If you use your right to return a product, the shipping costs will be paid by you. The returns address is: Flostream Ltd Cloudberry Living Returns Springheath House Kelpatrick Road Slough Berkshire SL1 6BW United Kingdom Your rights to return goods are protected under the EU Distance Selling Directive which can be found at http://www.berr.gov.uk/files/file14633.doc

Conformity of Goods

We take every care that the product information on our site is correct. However, specifications and descriptions of products on this website are not intended to be binding and are intended only to give a general description of the products. Every effort is made to reproduce colours accurately but slight variations may occur due to technical reasons. Some of our products are hand-made or made from natural materials and may vary slightly from the picture. They may also have small imperfections, which to us only indicates that these pieces are not mass-produced and are individual and unique.

Severance

Each provision of these Terms and Conditions of Sale shall be construed separately and independently of each other and the validity of any one part shall not affect the validity of any other part.

Limitations of Liability

While Cloudberry Living uses reasonable endeavours to ensure that the information on this website is accurate and up to date, it does not give any warranty as to its accuracy or completeness and Cloudberry Living will not be responsible for any errors or omissions or for the results arising from the use of such information.

While Cloudberry Living takes all reasonable steps to ensure a fast and reliable service, it does not guarantee that your use of this website will be interruption or error free and will not be responsible for any disruption, loss of or corruption of any material in transit, or loss of or corruption of material or data when downloaded onto any computer system.

We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure but, in the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the website.

The entire liability of Cloudberry Living under or in connection with any contract for any products to which these conditions apply shall not exceed the price of the products, except as expressly provided in these conditions.

Cloudberry Living will not be liable to you or be deemed to be in breach of these terms and conditions or any other contract with you by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the products ordered by you if the delay or failure was due to any cause beyond its reasonable control.

Law

These Terms and Conditions of Sale shall be governed by the laws of England and you agree to submit to the non-exclusive jurisdiction of the English courts. We are required by law to inform you that sales can be concluded in English only and that no public filing requirements apply.

Copyright

This website and its content are copyright of Cloudberry Living Ltd. All rights reserved. Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:

You may print or download to a local hard disk extracts for your personal and non-commercial use only. You may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.