Terms and Conditions
Terms and Conditions for Chilli of the Valley Ltd trading as Chilli of the Valley and ChilliOTV (herein referred as Chilli of the Valley)
These terms and conditions apply to use of this website at www.chilliofthevalley.co.uk / www.chilliotv.co.uk. By accessing this website and/or placing an order, you agree to be bound by these terms and conditions.
Using this website indicates that you accept these terms regardless of whether or not you choose to register with or order from Chilli of the Valley. If you do not accept these terms, please do not use this website.
Contact details are as follows:
Trading address: 6 College Road, Llandaff North, Cardiff, CF14 2JY
General email: firstname.lastname@example.org
Telephone: 07970 797371
1.1 You will be able to access most areas of this website without the need to register your details. However, certain areas of this website are only available to you if you register.
1.2 Chilli of the Valley may revise these terms and conditions at any time by updating this posting. You should check this website from time-to-time to review the then current terms and conditions, as they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of the website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this website.
2. ORDERING FROM CHILLI OF THE VALLEY
2.1 You are deemed to place an order with Chilli of the Valley by ordering via the online checkout process on this website. As part of the checkout process you will be given the opportunity to check your order and to correct any errors. You will be sent an order acknowledgement detailing the products you have ordered.
2.2 Acceptance of an order takes place when the order is despatched by Chilli of the Valley. When the order is despatched the purchase contract will be made and you will be charged, unless you have been notified by Chilli of the Valley that your order has not been accepted or you have cancelled your order. Order acceptance may be refused:
· Where goods are not available
· Where authorisation for your payment cannot be obtained
· If there has been a pricing or product description error, or
· If you do not meet any eligibility criteria set out in these terms and conditions.
2.3 It is the responsibility of the customer to provide a correct shipping and billing address at the point of order. Goods will be despatched to the shipping address provided and, in the event that any goods are returned to Chilli of the Valley due to an incorrect or incomplete address, it will be the responsibility of the customer to pay a second delivery charge in order to receive their order.
3.1 Packing, carriage, insurance and other relevant charges are charged separately. The appropriate rates are set out in the ‘Shipping’ page on this website, shipping/delivery options are made available to the customer at checkout.
3.2 Prices are reviewed periodically and are subject to change at any point
3.3 Pricing does not include any custom or import charges/taxes that may be applicable in some countries outside of the United Kingdom. It is the responsibility of the customer to determine and pay any such charges.
4.1 Payment for your order can be made through the payment systems available on this website.
4.2 Our website is hosted on the Wix.com platform. Wix.com provides us with the online platform that allows us to sell our products and services to you. Your data may be stored through Wix.com’s data storage, databases and the general Wix.com applications. They store your data on secure servers behind a firewall.
4.3 All direct payment gateways offered by Wix.com and used by our company adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers
4.4 We do not receive your Credit/Debit card details from the payment gateways, only notification that your payment has passed or failed.
5. CANCELLATIONS AND RETURNS POLICY
5.1 (a) You can provide notification by email to email@example.com before goods have been despatched or
5.1 (b) Where goods have already been despatched to you, by returning goods to Chilli of the Valley in accordance with clause 5.2 below.
5.2 You can return goods you have ordered from Chilli of the Valley for any reason at any time within 14 days of receipt for a full refund or exchange. The costs of returning goods shall be borne by you.
5.3 Upon receipt of the goods you will be issued a full refund of the amount paid or an exchange credit as required.
5.4 The rights to return the goods to Chilli of the Valley as referred to in clauses 5.2 and 5.3 will not apply in the following circumstances:
· In the event that the product has been opened or tampered with in any way;
· In the event that the product has been used;
· To any products that have been made or customised specifically for you
The provisions of this clause 5.4 do not affect your statutory rights.
6.1 You are permitted to print and download extracts from this website for your own use on the following basis:
· No documents or related graphics on this website are modified in any way;
· No graphics on this website are used separately from accompanying text; and
· Any of the copyright and trademark notices and this permission notice appear in all copies.
6.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this website (including without limitation photographs and graphical images) are owned by licensors or Chilli of the Valley. For the purposes of these terms and conditions, any use of extracts from this website other than in accordance with clause 6.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this website automatically terminates and you must immediately destroy any downloaded or printed extracts from this website.
6.3 Subject to clause 6.1, no part of this website may be reproduced or stored in any other website or included in any public of private electronic retrieval system or service without prior written permission from Chilli of the Valley.
6.4 Any rights not expressly granted in these terms are reserved.
7. SERVICE ACCESS
7.1 While Chilli of the Valley will endeavour to ensure that this website is normally available 24-hours a day, Chilli of the Valley will not be liable if for any reason this website is unavailable at any time for any period.
7.2 Access to this website may be suspended temporarily and without notice in the case of system failure, maintenance or repair for reasons beyond Chilli of the Valley's control.
8. VISITOR MATERIALS AND CONDUCT
8.2 You are prohibited from posting or transmitting to and from this website any material:
· That is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
· For which you have not obtained all necessary licences and/or approvals;
· Which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law or infringe the rights of any third party, in the UK or any other country in the world; or
· Which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data;
· You may not misuse the website (including, without limitation, by hacking).
8.4 Chilli of the Valley will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identify or locate anyone posting any material in breach of clauses 8.2 or 8.3.
9. LINKS TO AND FROM OTHER WEBSITES
9.1 Links to third party websites on this website are provided solely for your convenience. If you use these links, you may leave this website. Chilli of the Valley have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this website, you do so entirely at your own risk.
9.2 If you would to link to this website, you may only do so on the basis that you link to, but do not replicate, the home page of this website, and subject to the following conditions:
(a) You do not remove, distort or otherwise alter the size or appearance of the Chilli of the Valley logo;
(b) You do not create a frame or any other browser or border environment around this website;
(c) You do not in any way imply that Chilli of the Valley is endorsing any products or services other than our own;
(d) You do not misrepresent your relationship with Chilli of the Valley or present any other false information about us;
(e) You do not otherwise use any of Chilli of the Valley’s copyright displayed on this website without our express written permission;
(f) You do not link from a website that is now owned by you; and
(g) Your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with applicable laws and regulations.
We expressly reserve the right to revoke the right granted in this clause 9.2 for breach of these terms and to take any action we deem appropriate.
9.3 You shall fully indemnify us for any loss or damage we may suffer or incur as a result of your breach of clause 9.2
10.2 Each registration is for a single user only. Chilli of the Valley does not permit you to share your user name and password with any other person nor with multiple users on a network.
10.3 Responsibility for the security of any password issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.
10.4 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.
11.1 While Chilli of the Valley endeavours to ensure that the information on this website is correct, we do not warrant the accuracy and completeness of the material on this website. We may make changes to the material on this website, or to the products and prices described in it, at any time without notice. The material on this website may be out-of-date, and we make no commitment to update such material.
11.2 The material on this website is provided "as is" without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, Chilli of the Valley provides you with this website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation this website.
12.1 Chilli of the Valley, any other party (whether or not involved in creating, producing, maintaining or delivering this website), and any of officers, directors, employees, shareholders or agents or any of them, 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, punitive or consequential loss or damages, or any loss of income, profits, 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 this website in any way or in connection with the use, inability to use or the results of use of this website, any websites linked to this website or the material on such website, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this website or your downloading of any material from this website or any websites linked to this website.
12.2 Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contact Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
12.3 If your use of material on this website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
12.4 You agree to indemnify Chilli of the Valley fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this website, or the use by any other person using your registration details.
13. GOVERNING LAW AND JURISDICTION
13.1 These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English and Welsh courts.
13.2 We do not warrant that materials/items for sale on the website are appropriate or available for use outside the United Kingdom. It is prohibited to access the website from territories where its contents are illegal or unlawful. If you access this website from location outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
14.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.
14.2 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions, which shall continue to have full force and effect.
14.3 Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.
15. PROMOTIONAL / FREE GOODS
15.1 Any items offered free are done so in accordance with the corresponding offer mechanics.
15.2 In the event that qualifying orders for paid goods wish to be returned and not replaced, the free item(s) will also need to be returned unused and in perfect condition. Failure to do so will result in the free item being charged at the full cost.
15.3 Free items are often of limited stock and, by applying a coupon code or requesting free goods does not guarantee that the goods are available. In such circumstances where the free/promotional stock has been depleted, Chilli of the Valley has no further obligation to provide free/promotional items and the offer will be considered closed.
15.4 Where free/promotional goods are offered if a certain order total is reached, any total quoted will be excluding shipping which will be charged at the appropriate rate.
If in any doubt at all, please contact Chilli of the Valley.