Terms & Conditions
This legal notice applies to all purchases made by you through the website under the domain names www.realclivebarker.com (the “website”).
By offering to purchase products through the website you are entering into an agreement with Clive Barker – The Official Store, whose office is at Seraphim Inc, Beverley Hills, USA (henceforth referred to as “CBTOS”) on the terms and conditions set out below.
CBTOS is a wholly owned by Seraphim Inc.
1. Purchase of products from the shop
Specifications on the website of the products to be supplied by CBTOS are not intended to be binding and are intended only to give a general description of the products.
CBTOS reserves the right to make any changes in the specification necessary to comply with any applicable legal requirements and to change the specification published on the website provided that this does not materially affect the quality or performance of the products.
CBTOS warrants that it has the right to supply all products offered by it on the website and that the products will substantially comply with their description.
In all other respects, and to the maximum extent permissible, CBTOS makes no other warranties or promises about the products, and any implied warranties are excluded.
The majority of items from CBTOS are from Clive’s own personal collection, and may show some signs of wear.
1 a) Availability, prices and information of products
CBTOS does not promise that products are necessarily available, and all products are offered for sale subject to availability. The price of the products shall be the price listed on the website on the date of your order (inclusive of VAT but exclusive of delivery charges which are payable by you). All prices displayed on the website are quoted in US dollars and must be paid in full, including delivery charges, except where discounts are offered as detailed on the website.
1 b) Ordering
When you submit an order, CBTOS will treat the order as an offer by you to purchase the products subject to these terms and conditions of sale. You are responsible for ensuring the accuracy of your order and if CBTOS accepts your offer they shall supply you, subject to availability, with the quantity and specification of products set out in your order.
All sales are final. Items purchased through this website cannot be exchanged or returned. Multiple orders of the same item can be canceled at any time.
If CBTOS accepts your offer they shall confirm each order online via the internet or by email and such confirmation shall be CBTOS’s acceptance of the contract between the parties.
1 c) Delivery
All products will be delivered to the address that you indicate on the “Check your order” page and risk of damage to or loss of the products shall pass to you at the time of delivery even if the products have not been received by you in person.
Any times quoted for delivery are approximate only and time shall not be of the essence. CBTOS shall not be liable for any delay in delivery of the products howsoever caused (USPS/Customs etc).
CBTOS shall confirm each order in writing by sending you a printout of the order along with your products.
All orders will ship within 7 days of cleared payment. Orders requiring a signature may take a little longer. No orders are sent on weekends.
Please note that on any international orders, customs may delay packages over the stated USPS delivery times, we shall not be held accountable for this.
1 d) Cancellation and returns
CBTOS wants you to be totally satisfied with your order but unfortunately refunds are only possible if:
a) The goods sent were incorrect to the ones ordered.
b) The goods were damaged in transit.
c) The goods are faulty.
c) The goods are not shipped from our offices.
You may not cancel your order if it is for:
(a) products that are made to your specifications or clearly personalised, such as prints on demand;
(b) products damaged by yourself
1 e) Import duties, taxes and other charges
International Buyers – Please Note: Import duties, taxes, and charges are not included in the item price or shipping cost. These charges are the buyer’s responsibility. Please check with your country’s customs office to determine what these additional costs will be prior to buying.
All items for sale include 9% sales tax. This complies with the origin-based sales tax rates for Beverley Hills, California as detailed by California State Board of Equalization
1 f) Oversold Items
Occasionally, due to unforeseen technical errors in the website, items may be oversold. In the event your order is affected by such an error, your account will be promptly refunded for the item no longer in stock and you will be notified via the email address provided at checkout.
2. Personal data
CBTOS will process your personal data in accordance with, data protection legislation. Any personal data that is provided to CBTOS in the course of any transaction with you shall be kept confidential.
3. Limitation of liability
CBTOS’s liability to you is limited to refunding the price of the products. CBTOS is not responsible to you to any greater extent and in particular is not liable to you for any indirect or consequential loss (including without limitation financial loss such as loss of profit, or otherwise) that you may incur as a consequence of its failure to comply with these terms and conditions of sale.
For the avoidance of doubt nothing in these terms and conditions of sale shall serve to exclude or limit CBTOS’s liability in respect of death or personal injury caused by CBTOS’s negligence or the negligence of its officers or employees.
4. Changes to the terms and conditions of sale
Our terms and conditions of sale may be changed. Please review them regularly. If you continue to use the website after a change has been made you are deemed to have accepted it.
5. Law and jurisdiction
These terms and conditions of sale shall be governed by and construed in accordance with the laws of United Stated of America. Any disputes arising in relation to the website shall be subject to the exclusive jurisdiction of the courts of United States of America.
If any of these terms or conditions of sale should be determined to be illegal, invalid or otherwise unenforceable, it shall be deemed deleted and the remaining terms and conditions shall survive and continue to be binding and enforceable.
6. Comments and complaints
If you have any comments or complaints to make about purchases made through the website please contact us via the contact form at the footer of the website.
7. Product Disclaimer
Most of these items from this web store are from Clive’s own personal collection, so may have signs of slight wear or damage.
Orders placed on the Clive Barker store are not fulfilled by any third party company, and are shipped directly from his studio/office.