Terms and Conditions

To be viewed along with our standard PRIVACY POLICY and COOKIE POLICY

These terms apply to the entire contents of this website under the domain name(s) www.clearancexl.co.uk, www.clearancexl.com, www.swinco.co.uk and to any correspondence by e-mail between us and you.

Please read these terms carefully before using this website. Using the Website indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, do not use the Website.

This website is owned and operated by CLEARANCE XL LIMITED - Unit 1 &4, Misson Mill, Bawtry Road, Misson, Doncaster, DN10 6DP

Telephone: 01302 714495
Email: paul@swinco.co.uk

General Terms of Use

1. You may access most areas of the website without registering your details with us. Certain areas of the website are only open to you if you register.
2. By accessing any part of the website, you shall be deemed to have accepted these terms in full. If you do not accept these terms in full, you must leave the website immediately.
3. By accessing any part of the website, you shall be deemed to have accepted the PRIVACY POLICY in full. If you do not accept these terms in full, you must leave the website immediately.
4. CLEARANCE XL may revise these terms at any time by updating this posting. You should check the website from time to time to review the then current terms, because they are binding on you. Certain provisions of these terms may be superseded by expressly designated legal notices or terms located on particular pages on the Website.

Service availability

1. While Clearance XL endeavour to ensure that the website is normally available 24 hours a day, Clearance XL shall not be liable if for any reason the website is unavailable at any time or for any period.
2. Access to the website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Clearance XL's control

Liability

CLEARANCE XL, any other party (whether or not involved in creating, producing, maintaining or delivering the Website) exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, special, punitive or consequential loss or damages, or any loss of income, profits, anticipated savings, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the website in any way or in connection with the use, inability to use or the results of use of the website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses, worms, Trojan horses, logic bombs or other malicious or technologically harmful items that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website, or your downloading of any material from the Website or any websites linked to the Website. Nothing in these terms shall exclude or limit CLEARANCE XL's liability for:

1. Death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or
2. Fraud or fraudulent misrepresentation; or
3. Any liability which cannot be excluded or limited under any applicable law.
4. If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

Conditions of Use

Placing an Order

1. Please check your order and make sure all the products you have ordered are exactly what you want.
2. There is no minimum spend on your order with us.
3. The price(s) advertised is the price you pay for the product. The total price depends on the quantity selected in the online shopping basket. The RRP of a product is taken on the day the product becomes active on the website and is not subject to any changes.

Out of Date Food and Clearance Products

1. We specialise in selling out of date, short dated and in date stock, the dates are put on the short and long description of each product. We cannot refund you because of the date(s) of a product. If you change your mind, because of the date(s) of the products, then you can return the items back to us, unopened and undamaged, at your cost.     
2. Please ensure you are aware of the dates when you put the items into your order as we cannot refund you because of the date of a product.
3. We specialise in selling clearance products, some of which may be of lesser quality and condition, therfore may not be of "perfect quality or condition" but will be "fit for purpose". This will include damages to exterior packaging and storage marks. 
4. For more specific and accurate information on any product, please use the "Ask Question" link under the product for more information.
5. All care is taken to ensure that product information is correct, however, food products are constantly being reformulated, so ingredients, nutrition content, dietary and allergens may change. Always read the product label and do not rely solely on the information provided on the website.

Payments

1. Payments for orders are to be made online only via credit or debit card.
2. Online payments are securely processed by Sage Pay; an independant payment service provider,
3. All customer data is processed in accordance with local law and are not sold on to third parties.
4. Clearance XL Limited does not have access to your credit or debit card details.

Delivery and Risk

1. Delivery of goods should be without undue delay and within a maximum of 30 days.  We specify our order fulfillment period and estimated delivery period on the website. This is an average estimated delivery period which is currently between 1-5 working days but may take upto 30 days depending on circumstances. Latest delivery news and updates can be found on the homepage and "LATEST NEWS SECTION"
2. For Next Day Delivery orders, orders will be released once payment has been cleared, in full with no risk. This delivery may be subject to delay as a result.
3. Deliveries are carried out by a third party service provider and not by ClearanceXL
4. Deliery times and dates set by the third party service provider are estimates. For more accurate information, please contact the courier with the tracking details they have provided you.
5. Risk passes from us to the consumer (or nominated person) when the goods are delivered unless the courier is one not offered or named by the trader as an option.
   i) Clearance XL will remain responsible for all orders untill they are delivered.
      i) Successful deliveries are confirmed by the courier via tracking and email.
      ii) An unsuccessful delivery is one that has not been delivered to the consumer (or nominated person) and this is confirmed by the courier tracking and delivery driver. Clearance XL will be responsible for ensuring orders that have been damaged in transit or lost in transit, and confirmed on the tracking, and subject to internal investigations, are retreived and replaced within the 30 day period.
6. You must be over 18 to order on www.clearancexl.co.uk and you must be over 18 to accept delivery from our courier(s).
7. The named individual whom placed the order must receive and sign for the delivery unless they have authorised a nominated agent to accept the parcel or have instructed to leave in a safe place.
8. We advise that on opening your parcel, you apply a level of caution that protects you from the possibility of injury due to sharp objects that may be in your parcel namely sharp cardboard, plastic, metal and glass, 
9. We do not recommend you to allow anybody under the age of 18 to unpack your parcel.

Refund and Returns

1. If you have any queries regarding an order, please notify us within 24 hours of receiving your order.
2. We check the quality of all our products so they are fit for purpose, if you are not happy with something which you have received, please call us or email with photos.
3. Although we take care when packing to ensure that the products are packed securely and are all present, unfortunately mistakes are made. If you receive an order where something is missing from your order, please call us and let us know with 24 hours of receiving your order.
4. If you receive an order that has damaged items please contact us via email with photographs of the damaged items to help our investigations team resolve your matter swiftly.
5. If you receive a product which has been opened during transit, sealed incorrectly, spilled content or otherwise open, then please do not consume this product and notify us with photos.
6. In the event of a missing item complaint, we will carry out an internal investigation subject to procedure in order to verify and resolve the complaint accordingly.
7. You have 30 days from the date of your invoice to receive a refund. A refund cannot be given after the 30 day period.christmas
8. You have 60 days from the date of your invoice to receive a credit to your account. A credit cannot be given after the 60 day period.
9. We cannot refund or accept the return of any DVD, CD, computer games or other recordable media due to piracy issues.
10. If you change your mind about your ClearanceXL order then you can cancel at any time subject to the CANCELLATION PROCESS.  You can return your order or item at your own cost for a refund. 

Cancelling an order

The order cancellation process can by viewed by CLICKING HERE . By agreeing to the terms and conditions you are agreeing to accept the order cancellation process set by clearancexl.co.uk.

Complaints Procedure

All complaints must be sent in writing (either direct email or letter) to Unit 1 &4, Misson Mill, Bawtry Road, Misson, Doncaster, DN10 6DP or paul@swinco.co.uk. Please ensure that you title the complaint as a complaint, with reference to the order number, customer number, address and supporting evidence if applicable and intended resolution. We aim to resolve all complaints within 30 working days. For independent advise, you can contact your local Citizens Advise Bureau orby calling them on 08454040506

Undelivered Orders

1. If an order is returned to us undelivered, we can send the order out again, but you will be charged the postage fees again.
2. If an order is returned to us undelivered and you do not want it to be sent out again, we will refund you for the cost of the goods, but we will not refund the postage cost. The cost of postage is a cost which the customer will incur.

Parcel Weight, Dimensions and Volume

We are bound to strict parcel conditions, dimensions and volume restrictions set by all our couriers.  We use a weight based system to calculate the weight of the order. The weight stated in the delivery section per item is a volumetric KG which takes into consideration the weight and volume of each product. If your order excedes either Volume or Dimensional restrictions set by our couriers your order may not be deliverable.  If you are uncertain about delivery conditions, please contact us prior to placing an order to have confirmation your order will be fullfilled.

Communicating with Clearance XL.

All complaints, feedback, queries and general communications must be sent via email stating clearly and accurately the problem, feedback or query using the registered email address and customer name.  We we will refuse to reply or coperation if we are unable to verify these details. We will not comment on any on going invesigations and we will not comment on any public statements made on social media regarding any investigations, complaints or feedback.

All emails and communications will be stored and used as reference when required.  We will never disclose or ask for personal information from you.

All email message and any files transmitted within, is intended for the addressee only and may contain information that is confidential or privileged. Unauthorised use or redistribution is strictly prohibited and may be unlawful. If you are not the addressee, you should not read, copy, disclose or otherwise use the message, except for the purpose of delivery to the addressee.

Failure to abide by these terms and conditions, after acceptance and explicitly told not to use CLEARANCE XL, may incur additional fees and charges not specifed above.

Governing law and jurisdiction

These terms shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms shall be subject to the exclusive jurisdiction of the English courts.

UPDATED:  13th January 2023