Clever Company Website Terms & Conditions

Our aim is for you to be totally happy with our service. Please be aware that your use of the Site constitutes your agreement to adhere to the terms and conditions set out below. These conditions may be subject to change at any time and without notice. It is your responsibility to check the conditions regularly before ordering from us in case there are any changes.

Should you have any questions relating to the terms of use, please contact our customer service team who will be more than happy to help you. We apologise in advance that these terms tend to be onerous; rest assured we will always do our best to sort out a customer service issue as quickly and efficiently as possible.

clevercompany.com is the UK website of The Ninja Corporation Limited, Topaz House, Oldgate, St.Michael’s Industrial Estate, Widnes, Cheshire, WA8 8TL, United Kingdom. These conditions apply between you and The Ninja Corporation Limited. The conditions do not affect the rights you may have under any relevant statutory law.

Site Transactions

We reserve the right to refuse any order placed with us. We may, at our sole discretion, limit or cancel any order placed by you in person, per address or per order. This may include orders placed under the same account, payment details or the same shipping/billing address. In the event we make such changes or cancel an order, we will make every attempt to contact you. Please note this will be via the email or phone number which was provided at the time the order was placed. You agree that email can be used as a means of communication, notification and billing between us. Please be advised that we will never ask for personal details or information via email. If you receive an email asking for your personal information, username or password, or payment information, please do not respond and contact our customer service team immediately.

Use of the Site

Some features available on this Site require registration. By registering with this Site you agree to provide accurate, true, current and complete information about yourself and that the credit or debit card you are using is your own and that there are sufficient funds in your account to cover payment of the product(s) ordered.

You agree that all goods ordered by you are for your own private and domestic use only and are not for resale.

You must be eighteen years old or older to use this site. If you are under eighteen, you may only use this site with the agreement of, and under the supervision of, a parent or guardian. If you do not qualify, please do not use this site.

Some features on the Site require use of a password and during the registration process you will be required to choose a username and password, please keep this safe at all times and do not allow others to know or access it. You are responsible for all actions taken under that username and password.

Personal Information submitted through the Site

Your submission of personal information through the Site is governed by our privacy policy, which can be found by clicking on the “Privacy Policy” link located in the footer section of the Site.

Site Contents

The Ninja Corporation Ltd is the owner of the trademarks Clever Company, Clever Toy, Clever Sleeping Bag, CleverBed, Clever Camping and Clever Home. The content and images of this site including photography, designs, logos and text are the copyright of The Ninja Corporation Ltd. All rights are reserved.

Unless otherwise stated, all content (The Content) on this Site, including without limitation text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software is the exclusive property of and owned by The Ninja Corporation Ltd. This website, as a whole, is protected by copyright, trademark, trade dress, intellectual property and other applicable laws. The Content of this Site and the Site as a whole, are intended for your sole, non-commercial use.

You may download or copy the Content and other downloadable material displayed on the Site for your personal use only. No right, title or interest in any downloadable Content is transferred to you as a result of any such downloading or copying. You must not reproduce (except as described above) publish, transmit, distribute, modify, sell or exploit in any way any of the Content or Site.

User Comments, Feedback and Other Submissions

We welcome your feedback about our Site. All comments, feedback, suggestions, ideas, and other comments submitted or offered to The Ninja Corporation Ltd on this Site shall be and remain the property of The Ninja Corporation Ltd. Such disclosure, submission or offer of any comments shall constitute an assignment to The Ninja Corporation Ltd of all worldwide rights, title and interests in all copyrights and other intellectual property in the comments. The Ninja Corporation Ltd will own exclusively all such rights, titles, and interests and shall not be limited in any way in its use, commercial or otherwise, of any comments. The Ninja Corporation Ltd is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay any compensation for any comments; or (3) to respond to any user comments. You represent that no comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further represent that no comments submitted by you to the Site will be or contain libellous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any comments you make.

Payment & Prices

We accept payment with PayPal, debit and credit cards shown above

All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery.

Your credit/debit card will be authorised when your order is placed and processed but you will not be charged for the value of the goods until they are despatched to you. If you have out of stock items on your order we will charge and despatch the in stock items and the out of stock items will follow.

Prices include VAT at 20% where applicable and are valid until 26th July 2017 (unless the VAT rate changes). The free P&P offer on orders to mainland UK and Ireland is also only valid until 26th July 2017.

Due to our expanding sales across the world we must now keep our Sterling prices consistent. This means that we will not be able to remove VAT from orders delivered to the VAT free British Islands. Please remember that this policy will make no difference to most orders since there is no UK VAT on children’s wear.

PayPal

Please note for all orders placed with PayPal, payment is debited directly at the time of order, before your items are shipped. In the event that the items you have ordered are out of stock, your order will be cancelled and you will be refunded immediately.

Product Information

We have made every effort to display as accurately as possible the colours of our product. However, the actual colour you see will depend on the resolution of your computer. We cannot guarantee that the colour, texture or detail of the product will be accurate as that displayed by your computer.

Product Availability

We cannot guarantee that stock availability is 100% accurate at all times. Some items displayed for sale on the Site may not be available in all sizes and colours, including when the product has been marked down.

Content & Copyright

We have made every effort to ensure that the information provided on the the clevercompany.com website is as accurate as possible. In particular, that all details, descriptions and prices of products shown are correct at the time of publishing. However, errors do sometimes occur and if we discover an error in the price or description of a product you have ordered, we may cancel your order and contact you to ask whether you wish to continue with your order at the correct price or cancel it.

We have tried to display all garment colours accurately but browser software and monitor displays may sometimes cause colour variations and we cannot be responsible for any discrepancies between the image and the actual product.

The Ninja Corporation Ltd is the owner of the trademarks Clever Company, Clever Toy, Clever Sleeping Bag, CleverBed, Clever Camping and Clever Home. The content and images of this site including images, designs, logos and text are the copyright of The Ninja Corporation Ltd. All rights are reserved. The copy, print or download of any of the material on this site for commercial use is totally prohibited. Extracts from the site may be forwarded to third parties solely for personal use and recommendations.

Legal Information
Discounts and Offers
Discounts and offers are not valid on sale items and cannot be used in conjunction with any other offer. We reserve the right to end any discounts or offers at any time including before the advertised end date without notice.

Orders
When placing an order with The Ninja Corporation Ltd, you agree that any and all the information given is accurate and complete. All orders are subject to acceptance and product availability.

We reserve the right to suspend the use of the website at any time to perform essential maintenance, update information and to remove any inaccurate or unauthorised material.

Cancellation Right
Under the distance selling regulations you have the legal right to cancel your order for any reason within the 14 days cancellation period. You do not have to give a reason, however you may be asked to help improve our service to you in the future. The cancellation periods ends at the end of 14 days beginning on the day after you (or your representative) receive your goods. If your goods are sent separately, then this period extends to 14 days after you receive the last of the goods.

If you cancel you will receive a refund of the cost of the goods and any delivery charge levied. If you selected an enhanced delivery method, please note these charges will not be refunded if the normal delivery method was free of charge. If there was a normal delivery charge and you selected an enhanced method, a refund to the value of the normal delivery charge will be made.

If you wish to cancel your order it is your responsibility to inform us of this within the cancellation period. You can do this by emailing us at info@clevercompany.com or by writing to us at the address below. Please include full product details and the order number when cancelling. It is your responsibility to return the goods back to us and you are also responsible for the cost associated with returning the goods back.

Disclaimers

Your use of this site is at your sole risk. The site is provided on an “as is” and “as available” basis. We reserve the right to restrict or terminate your access to the site or any feature or part thereof at any time. The Ninja Corporation Ltd expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose and any warranties that materials on the site are non-infringing, as well as warranties implied from a course of performance or course of dealing; that access to the site will be uninterrupted or error-free; that the site will be secure; that the site or the server that make the site available will be virus-free; or that information on the site will be complete, accurate or timely. If you download any materials from this site, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such materials. No advice or information, whether oral or written, obtained by you from The Ninja Corporation Ltd or through or from the site shall create any warranty of any kind. The Ninja Corporation Ltd shall create any warranty of any kind. The Ninja Corporation Ltd does not make any warranties or representations regarding the use of the materials on this site in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.

In certain jurisdictions, the law may not permit the disclaimer of warranties, so the above disclaimer may not apply to you.

Limitation of liability

You acknowledge and agree that you assume full responsibility for your use of the site. You acknowledge and agree that any information you send or receive during your use of the site may not be secure and may be intercepted by unauthorised parties. You acknowledge and agree that your use of the site is at your own risk and that the site is made available to you at no charge. Recognising such, you acknowledge and agree that to the fullest extent permitted by applicable law, neither The Ninja Corporation Ltd nor its affiliates, suppliers or third party content providers will be liable for any direct, indirect, punitive, exemplary, incidental, special, consequential or other damages arising out of or in any way related to the site, or any other site you access through a link from this site or from any actions we take or fail to take as a result of communications you send to us, or the delay or inability to use the site, or for any information, products or services advertised in or obtained through the site, The Ninja Corporation Ltd removal or deletion of any materials submitted or posted on its site, or otherwise arising out of the use of the site, whether based on contract, tort, strict liability or otherwise, even if The Ninja Corporation Ltd , its affiliates or any of its suppliers has been advised of the possibility of damages. This disclaimer applies, without limitation, to any damages or injury arising from any failure of performance, error, omission, interruption, deletion, defects, delay in operation or transmission, computer viruses, file corruption, communication-line failure, network or system outage, your loss of profits, or theft, destruction, unauthorised access to, alteration of, loss or use of any record or data, and any other tangible or intangible loss. You specifically acknowledge and agree that neither The Ninja Corporation Ltd nor its suppliers shall be liable for any defamatory, offensive or illegal conduct of any user of the site. Your sole and exclusive remedy for any of the above claims or any dispute with The Ninja Corporation Ltd is to discontinue your use of the site.

Indemnification

You agree to indemnify, defend and hold harmless The Ninja Corporation Ltd and its affiliates and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable lawyers’ fees and court costs, arising or resulting from your use of the site and any violation of these Terms of Use. If you cause a technical disruption of the site or the systems transmitting the site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable lawyers’ fees and court costs, arising or resulting from that disruption. The Ninja Corporation Ltd reserves the right, at its own expense, to assume exclusive defence and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with The Ninja Corporation Ltd in the defence of such matter.

Changes to these Terms of Use

We reserve the right, in our sole discretion, to change these Terms of Use at any time by posting revised terms on the site. It is your responsibility to check periodically for any changes we may make to these Terms of Use. Your continued use of this site following the posting of changes to these Terms of Use or other policies means you accept the changes.

Entire Agreement and Admissibility
This agreement and any policies or operating rules posted on this site constitute the entire agreement and understanding between you and The Ninja Corporation Ltd with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Termination

These terms are effective unless and until terminated by either you or The Ninja Corporation Ltd. You may terminate this agreement at any time. The Ninja Corporation Ltd may terminate this agreement at any time without notice, and accordingly may deny you access to the Site, if in our sole judgment you fail to comply with any of the Terms. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination for all purposes.

If you have any questions or comments about these Terms of Use or this site, please contact us by email at info@clevercompany.com or by phone on 0151 495 1677