Terms & Conditions of Sale

Terms & Conditions of Sale
November 2013

This page (together with the documents referred to on it) tells you the terms and conditions that will apply to your use of this website and to any purchase of goods through it ("the Terms and Conditions"). Please read these Terms and Conditions carefully before using this website and purchasing any goods. By using this website and/or placing an order with us you agree to be bound by these Terms and Conditions. We may revise these Terms and Conditions at any time by posting an update on this website. Please ensure that you check this website from time to time to review the then current Terms and Conditions. If you do not agree to these Terms and Conditions, you should not use or access this website or place any order for goods with us.
If you have any queries relating to our Terms and Conditions, please contact enquiries@cheekychimpskidsclothes.co.uk before placing an order.

1. General Information
1.1 The website www.cheekychimpskidsclothes.co.uk ("this Website") is a site operated by Kirand Limited, trading as Cheeky Chimps Kids Clothes ("us" or "we"). We are registered in England and Wales under company number 06945439 and with our registered office at One St Peters Road, Maidenhead, Berkshire, SL6 7QU, UK. Our VAT number is 984 7696 41.
1.2 Your contract for the purchase of goods made through this Website is with Kirand Limited.

2. Eligibility to use this Website to order goods
2.1 By placing an order through this Website, you undertake to us that:
2.1.1 all goods ordered by you are for your own private and domestic use only and are not for resale and will not be re-sold;
2.1.2 you are eighteen years old or older or, if you are under eighteen, you are using this Website with the agreement of, and under the supervision of, a parent or guardian. If you do not qualify, please do not use this Website;
2.1.3 all details you provide to us are true, accurate, current and complete in all respects and that the credit card or debit card or PayPal account you are using is your own (or is used with the permission of the owner of the card/account) and that there are sufficient funds in your account to cover payment of the product(s) ordered.
2.2 This Website is only intended to be used by people who live in the United Kingdom and we cannot accept orders from anyone outside the United Kingdom.
2.3 All orders are subject to VAT at the prevailing rate in the case of any product that is not defined by HMRC as VAT exempt, and we do not make VAT-free export sales.

3. Your responsibilities if you break these Terms and Conditions
3.1 We reserve the right to end our agreement with you, suspend or terminate your access to this Website and/or refuse to supply goods to you immediately and without notice to you if:
3.1.1 you fail to make payment to us when due;
3.1.2 you breach any of these Terms and Conditions;
3.1.3 when requested by us to do so, you fail to provide within a reasonable time frame, enough information to let us to check the accuracy and validity of any information supplied by you, or your identity; and
3.1.4 we suspect you have engaged, or are about to engage, or have any way of being involved in fraudulent or illegal activity on this Website.
3.2 Without prejudice to the above, please be aware that it is a crime to use a false name or a known invalid credit card to place an order. It is our policy that anyone caught deliberately entering an incorrect or fictitious order will be prosecuted to the fullest extent of the law.
3.3 You agree that if you break these Terms and Conditions, or any liabilities are incurred arising out of your use of this Website, you will be responsible for the costs and expenses that we and our officers, directors, employees, agents and suppliers incur as a result of the breach, including reasonable legal fees (if applicable). You will remain liable if someone else uses your personal information unless you can prove that such use was fraudulent.

4. Ordering
4.1 When placing an order, you agree that any and all information given is accurate and complete.
4.2 All orders are subject to acceptance by us and product availability. If we do not have sufficient stock to deliver the goods you have ordered, we may at our discretion either split your order into multiple shipments (at no extra cost to you), part ship leaving outstanding items on backorder, or contact you and give you the option to cancel your order.
4.3 We aim for all prices listed on the Website to be correct at the time of entering the information. If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. We shall be under no obligation to fulfil an order for a product that was advertised at an incorrect price. In the event that you order an item and the price published is incorrect for any reason, we will contact you to inform you that we have not accepted your order, and that your order has been cancelled. You will be advised of the correct price of the item. You may re-order it if you wish. If you have already paid for the goods in the circumstances described in this clause, we shall refund the full amount within 30 days of the date of order. Should you choose to re-order at the correct price, a separate transaction will occur.
4.4 All prices shown on the Website include VAT where applicable but not delivery charges (which will be added to the total cost of your order).
4.5 No contract for the sale of any item will exist between you and us until we have accepted your order by sending you a confirmatory email ("the Confirmation Email"). Please note that receipt of an email from Paypal confirming that payment for the order has been authorised does not constitute acceptance of the order. The Confirmation Email will be sent to the email address given in your order form and will detail goods ordered, payment method, cost (including VAT and delivery charges) and estimated delivery times.
4.6 It is your responsibility to ensure that you provide us with a correct email address. If you do not you may be unable to access your account and/or download your invoice(s).
4.7 You must check all the details on the Confirmation Email are correct and contact us as soon as possible if any details are incorrect.
4.8 If your order has not been accepted, you will be contacted by us telling you the reasons why.
4.9 Discount vouchers cannot be combined and may only be used separately; a maximum of one discount voucher per transaction is permitted.

5. Delivery
5.1 All delivery periods are estimates only and we cannot guarantee the precise delivery date or time but will deliver the goods within 30 days (subject to availability) unless there are exceptional circumstances. Next day delivery is only guaranteed for orders placed before 12:00 (midday) the previous day, and refers to deliveries scheduled to occur on a regular working day (typically Monday to Friday and excluding public holidays). There will be an additional charge if delivery is required on a Saturday and this may not always be possible.
5.2 Goods will be sent to the address given by you in your order. If you are ordering more than one item, your goods may, at our discretion, be sent to you in instalments if certain items are out of stock. It is your responsibility to ensure that someone is available to sign for the delivery (or deliveries) and the carrier is under no obligation to either leave it or try neighbouring premises if this cannot be done.
5.3 Where carriage/delivery/shipping is shown as free this appiles only when the following conditions are true: (a) The total value of your order is in excess of £60 including VAT (£50+VAT); (b) the delivery address is in mainland UK (i.e. not the Scottish Highlands & islands, Isle of Wight, Isles of Scilly, Isle of Man, Channel Islands, Ireland or anywhere else not on the UK mainland); and (c) you have not specifically asked for next day delivery.
5.4 If you are in any doubt as to likely delivery costs or date it is your responsibility to confirm them prior to placing your order with us.

6. Payment
6.1 Payment for goods ordered on the Website will be processed through PayPal. To make payment for the goods you will be directed to a separate PayPal website and subject to PayPal's terms and conditions. Please note that we have no control over the PayPal payment processing and that we cannot accept any liability for any loss or damage suffered by you as a result of using PayPal and/or accessing the PayPal website
6.2 You must complete payment to place your order

7. Cancelling an Order/Returns Procedure
7.1 To cancel an order, you must inform us in writing to Cheeky Chimps Kids Clothes, Unit 34, 24-28 St Leonards Road, Windsor, Berkshire, SL4 3BB, UK or emailing enquiries@cheekychimpskidsclothes.co.uk before doing so. We will issue you with a Returns Authorisation Number (RAN) and advise you of the correct returns procedure and warehouse address. You must also return the goods to us in the same condition that you received them and must take all reasonable care of them while they are in your possession.
7.2 In accordance with the Distance Selling Regulations, if you wish to cancel your order or return your goods (provided you return the goods to us in the same condition that you received them) within seven days after the day you receive them, we will refund the costs of the items and the standard postage and packing costs you paid as part of that order (if any). Please note that if you paid for premium or express delivery, we will only refund the cost of standard delivery. You will have to pay the costs of sending the order back to us.
7.3 You can return your goods at any time within fourteen days after the day you receive them (provided you return the goods to us in the same condition that you received them) and we will refund the costs of the items less a handling fee but not the postage and packing costs you paid as part of that order or the costs of sending the order back to us.
7.4 In the unlikely event that you receive goods which were not what you ordered or which are damaged or defective, or are of a different quantity to that stated in your order, we shall make good any shortage or non-delivery, replace or repair any damaged or defective goods, or refund to you the amount you paid for the goods in question provided that you notify us of the problem in writing at the address stated in the Confirmation Email within fourteen days of delivery of the goods and (unless we inform you that return is not necessary) return the goods to us (in the same condition that you received them) within a further fourteen days. This provision does not affect your statutory rights.
7.5 Where you cancel an order or return goods in accordance with the above, we will re-credit the relevant sums within 30 days. We will usually refund monies using the same method as payment was made by you.

8. Privacy & Cookies
8.1 The Privacy Policy applying to use and processing of your personal data by us is available for viewing on this website: Privacy Policy.
8.2 The Cookie Policy applying to use and processing of your personal data by us is available for viewing on this website: Cookie Policy.

9. Liability
9.1 We warrant to you that any goods purchased from us through this Website will be of satisfactory quality and reasonably fit for all the purposes for which products of that kind are commonly supplied. To the fullest extent permissible under applicable law and consistent with your statutory rights, we disclaim any and all other warranties of any kind, whether express or implied, in relation to the goods purchased through the Website.
9.2 The limitations to our liability set out in this clause are not intended to exclude or limit in any way our liability:
9.2.1 for death or personal injury caused by our negligence;
9.2.2 under section 2(3) of the Consumer Protection Act 1987;
9.2.3 for fraud or fraudulent misrepresentation; or
9.2.4 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
9.3 This Website and the products sold on this Website are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Website or for any goods purchased from us and, subject to the above clause, our liability for any losses you suffer as a result of us breaking our contract with you is strictly limited to the purchase price of the goods purchased.
9.4 We do not accept liability for any errors and/or omissions contained in this Website and reserve the right to change information, prices, specifications and descriptions of the goods at any time and without notice.
9.5 We have taken every measure to provide accurate product images for all goods for sale on this Website. However, due to a number of different factors such as internet browsers, monitor colour contrasts etc, we cannot be held responsible or liable for any differences in colour between the image and the actual product.
9.6 We have taken every measure to prevent internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers. All our data is held on servers located with UK.
9.7 We shall have no liability to you for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.
9.8 We make no warranty that this Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs or represent the full functionality, accuracy or reliability of this Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through this Website.

10. Written Communication
10.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using this Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on this Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

11. Copyright
11.1 All rights, including copyright, in the content of this Website are owned or controlled by Kirand Limited. In accessing this Website, you agree that you may only download the content for your own individual and non-commercial use. You are not permitted to copy, broadcast, download, store (in any medium), transmit, show or play in public, adapt or change in any way the content of this Website for any other purpose whatsoever.

12. Transfer of rights under your contract with us
12.1 You may not transfer, assign, charge or otherwise dispose of any contract entered into with us, or any of your rights or obligations arising under it, without our prior written consent.
12.2 We may transfer, assign, charge, sub-contract or otherwise dispose of any contract entered with you, any of our rights or obligations arising under it, at any time during the term of the contract.

13. Waiver
13.1 No waiver by us shall be construed as a waiver of any preceeding or succeeding breach of any provision.

14. Severance
14.1 In the event that any clause or any part of any clause in these Terms and Conditions should be considered to be unenforceable, unlawful or void, then that clause or that part of the clause shall be severed from the Terms and Conditions and the remaining provisions of these Terms and Conditions shall remain in full force and effect.

15. Entire agreement
15.1 These Terms and Conditions and the documents referred to in them govern our relationship with you and supersede any prior agreement, understanding or agreement between you and us, whether oral or in writing. We each agree that in entering into a contract, neither of us has relied on any representation, undertaking or promise except as set out in these Terms and Conditions.
15.2 Your statutory rights are not affected by these Terms and Conditions.
15.3 Nothing in this clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of these Terms and Conditions.

16. General
16.1 The headings in these Terms and Conditions are inserted for convenience only and shall not affect its construction.
16.2 A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.
16.3 A reference to one gender includes a reference to the other gender.
16.4 The Website FAQ and Privacy Policy form part of (and are incorporated into) these Terms and Conditions.
16.5 Our rights under these Terms and Conditions are without prejudice to any other rights that we might have at law. Any delay by us in exercising our rights shall not constitute a waiver thereof.
16.6 In the event of any conflict between the Terms and Conditions herein and any FAQ or Privacy Policy, the Terms and Conditions shall take precedence over the FAQ or Privacy Policy to the extent of such conflict.

17. Law and Jurisdiction
17.1 This Agreement shall be governed by and construed in accordance with the Laws of England and Wales and the parties hereby submit to the exclusive jurisdiction of the Courts of England and Wales.
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