Terms of Use

Here at The Clumsy Unicorn your happiness is important to us!

As part of that we’ve worked hard to write our terms and conditions in pain English. This means you should be able to understand them even if you don’t have a degree in law! However, if you have any questions please get in touch with us at hello@clumsyunicorn.com and we will shop our best to help!

1. Who are you?

Our Website is owned and operated by The Clumsy Unicorn, based in sunny Northamptonshire in the United Kingdom. For more information please visit our About page!

2. How do I create an account with you? Why would I create an account with you?

To create an account you just need to enter your email address and create a password on our Log In /Register page. Once this is done you will have an account.

Any information which we hold in your customer account will be held in accordance with our Data Use & Privacy Policy. By registering on our Website you undertake that all the details you provide to us for the purpose of registering on the Website and purchasing the Products are true, accurate, current and complete in all respects. You will receive a confirmation via email when your account is created.

When you log in to your account, you will be able to do the following:

  • proceed through checkout faster when making a purchase;
  • check the status of orders;
  • view past orders;
  • make changes to your account information;
  • change your password
 

You are responsible for maintaining the confidentially of your login details and any activities that occur under your account. If you have any concerns about your login details or think they have been misused, you should contact hello@clumsyunicron.com straight away to let us know. We can deactivate or delete your account for you at any time, on request.

If you deactivate your account, or request that we do so by email, it may take up to 2 working days to process your request. Please note that by deactivating your Public Profile, your account will be suspended and can be reactivated at any time.

Deletion of your account is permanent and irrevocable. If you request that we delete your account, please note that:

  • we will not be able to reactivate it for you;
  • it may take up to 7 working days to remove your account from our Website

3. Is there anything that might lead to suspension or termination of my account?

Breach of the terms of these Terms of Use or any fraudulent or illegal activity on our Website may result in our taking all or any of the following actions:

    • issuing of a warning to you;
    • immediate, temporary or permanent withdrawal of your access to our Website;
    • legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
    • disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

The responses described in this section are not limited, and we may take any other action we reasonably deem appropriate.

4. What are The Clumsy Unicorn's intellectual property rights?

The content of the Website including techniques, source codes, data, technical information and the style or presentation, is protected by copyright laws and treaties around the world. All such rights are reserved. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use any content on our Website in any way except for your own personal, non-commercial use. You may only use any content as is permitted using the functionality of the Website. Any other use of the material and content of the Website is strictly prohibited.

5. What information do you store about me when I visit your website?

 

6. What happens to information I post on this Website?

You own all feedback on Products (whether comprised of words or pictures or otherwise) (“Feedback”). In respect of such Feedback which is capable of being covered by intellectual property rights (such as photos and pictures), you automatically grant us a worldwide, royalty-free, non-exclusive licence to reproduce, modify, publish, edit, translate, distribute, perform, and display such Feedback alone, or as part of other works in any form, media or technology whether now known or hereafter developed and to sub-license such rights to anyone. Any Feedback may be used by us for any purpose without any compensation to you. Furthermore, we shall be entitled to use any ideas, concepts, know-how, or techniques contained in any Feedback for any purpose whatsoever. The licence you grant us under this section shall cease when you delete the relevant Feedback.

You represent and warrant that (1) you hold all necessary right, title and licence to any Feedback you post via your Public Profile and (2) your submission of such Feedback to us does not and will not violate or infringe the rights of any person or third party. You shall not modify, rent, lease, sell or create derivative works from others’ Feedback without their express consent.

Any Feedback or other content or communications you transmit to the Website in whatever way, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary, except as otherwise stated in our Privacy Policy.

7. What are the terms relating to offers and promotions?

From time to time we run may offers and promotions, by way of discount codes, sales or otherwise, in relation to our Products (“Promotions”). All Promotions are non-transferable, subject to availability and specified expiry times are final.

Discount codes are valid for one use per customer and no cash alternative will be offered. Discount codes cannot be used in conjunction with any other promotion or offer including multi-buy deals, other discount codes, sale items and clearance stock, unless otherwise stated.

Each Promotion may be run with its own specific terms which shall be set out on the Promotion and in the case of conflict with the terms set out in this section, the Promotion terms shall prevail. In all cases, we reserve the right to change or withdraw offers, promotions, or sale items at any time and without prior notice.

8. What are your responsibilities relating to external links on your website?

Where our Website contains links to other websites and resources provided by third parties, these links are for you to access at your sole discretion and risk. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them

9. Can I link to your website? Are there any restrictions?

You may only create a link to our Website from another website, document or any other source which complies with the following requirement. Any agreed link must be:

  • established by an owner of a website or document, which does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or breaches the law in the UK and the law in any country from which they are hosted;
  • provided in such a way that does not suggest any form of association, approval or endorsement on our part where none exists;
  • presented in such a way that is fair and does not damage our reputation or take advantage of it.

We have no obligation to inform you if the address of our Website pages change and it is your responsibility to ensure that any link you provide to one of our pages is at all times accurate.

10. Does the Clumsy Unicorn have any limitations of liability?

To the extent permitted by law, neither The Clumsy Unicorn, nor its affiliates, directors, employees or contractors, shall be liable for any direct, indirect, punitive, incidental, special or consequential damages arising from or in any way connected with the use of this Website, the content of the Website, any delay or inability to use the Website or otherwise in connection with the Website, whether based on contract, tort, strict liability or otherwise. Subject to applicable law, we shall not be liable for any of the matters in the following non-exhaustive list: mistakes, omissions, interruptions, deletion of files or emails, errors, viruses, delays in operation or any failures of performance, whether or not resulting from natural acts, communications issues, theft, destruction, or unauthorised access to our products and services and records.

We disclaim warranties of any kind in relation to the Website, either expressed or implied. No oral advice, written or electronically transmitted information given by us, our affiliates, directors, employees or contractors, shall create any warranty under any circumstance.

The Clumsy Unicorn reserves the right to refuse to accept and process any and all customer orders on any and all products and services and to suspend, discontinue, and refuse the use or acceptance of any and all offers, promotions, discounts, at its sole discretion.

Some or all of exclusions or limitations of liability above may not apply to you if you are resident in a country which prohibits such exclusions or limitations of liability. For the avoidance of doubt, nothing in these Terms of Use seeks to exclude or limit our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law. In such case these Terms of Use shall be read as closely as possible to their current wording notwithstanding the prohibition of such terms.

11. What happens if one of these Terms cannot be enforced?

We believe these terms are fair and sensible. Even if one or more of these terms cannot be enforced, the rest of these terms will remain in force.

Each provision of these Terms of Sale 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.

12. Are my personal data collected and processed on this Site? Why? How?

By placing your Order or signing up for an account you agree that we may process, use and store your personal data for the purposes of processing your Order. We will process your information in accordance with our Data Use & Privacy Policy.

13. Are any other laws applicable to these Terms of Sale?

These Terms of Sale are governed in all respects by the laws of the country of delivery applicable to your Order, without regard to its conflicts of laws rules. The competent courts of that same country shall have exclusive jurisdiction in connection with any disputes arising out of a purchase made on this Website or any Product, save for any right under mandatory provision of applicable law to establish legal proceedings in the habitual place of residence or domicile of the consumers.