CHINTI AND PARKER LIMITED

 

TERMS AND CONDITIONS OF SALE

 

1              INFORMATION ABOUT US

 

www.chinitandparker.com is a site operated by Chinti and Parker Limited (we, us or our). We are registered in England and Wales under company number 6568630 and with our registered office at Morley House, 36 Acreman Street, Sherborne, Dorset, DT9 3NX. Our main trading address is Leconfield House, Curzon Street, London, W1J 5JA. Our VAT number is 937908185.

2              YOUR STATUS

 

2.1          By placing an order through our site, you agree that:

 

2.1.1       you are legally capable of entering into binding contracts; and

 

2.1.2       you are at least 18 years old.

 

3              HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

 

3.1          After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (Sale Confirmation). The contract between us (Contract) will only be formed when we send you the Sale Confirmation.

 

3.2          The Contract will relate only to those Products whose dispatch we have confirmed in the Sale Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Sale Confirmation.

 

4              CONSUMER RIGHTS

 

4.1          If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our returns policy (set out in clause 8 below).

 

4.2          To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession.

 

4.3          You will not have any right to cancel a Contract for the supply of any personalised Products including where those personalised Products have been bought as gifts.

 

4.4          Details of this statutory right, and an explanation of how to exercise it, are provided in the Sale Confirmation. This provision does not affect your statutory rights.

 

5              AVAILABILITY AND DELIVERY

 

We hope to deliver your order by the delivery date set out in the Sale Confirmation or, if no delivery date is specified, then within 30 days of the date of the Sale Confirmation, unless there are exceptional circumstances.

 

6              RISK AND OWNERSHIP

 

6.1          The Products will be at your risk from the time of delivery.

 

6.2          Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

 

7              PRICE AND PAYMENT

 

7.1          The price of any Products will be as set out on our site from time to time, except in cases of obvious error.

 

7.2          These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Delivery Policy.

 

7.3          Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Sale Confirmation.

 

7.4          Our site contains a large number of Products and it is always possible that, despite our efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.

 

7.5          We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Sale Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as incorrect.

 

7.6          Payment for all Products must be by credit or debit card. We will not charge your credit or debit card until we despatch your order.

 

8              OUR RETURNS POLICY

 

8.1          Where you are a consumer and return a Product to us because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 4.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.

 

8.2          Where you are a consumer or a business and return a Product to us because it is defective you can request a refund or exchange.  We will examine the returned Product and will notify you of your refund or dispatch of your replacement Product where you have requested an exchange via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Replacement Products will be dispatched in accordance with clause 5. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.

 

8.3          We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

 

9              OUR LIABILITY

 

9.1          Where you are a consumer we warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.

 

9.2          Our liability for losses you suffer as a result of us breaking the Contract is limited to the purchase price of the Product you purchased.

 

9.3          This does not exclude or limit in any way our liability:

 

9.3.1       for death or personal injury caused by our negligence;

 

9.3.2       under section 2(3) of the Consumer Protection Act 1987;

 

9.3.3       for fraud or fraudulent misrepresentation; or

 

9.3.4       for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

 

9.4          We are not responsible for indirect losses which happen as a side effect of the main loss or damage.

 

10            IMPORT DUTY

 

10.1        If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing an order.

 

10.2        Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.

 

11            WRITTEN COMMUNICATIONS

 

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, 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 our 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 does not affect your statutory rights.

 

12            EVENTS OUTSIDE OUR CONTROL

 

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control.

 

13            GENERAL

 

13.1        We may revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.

 

13.2        To give notice under the Contract an email notification is acceptable. Notices will be deemed received 24 hours after the email has left the inbox of the sender.

 

13.3        A failure by you or us to enforce rights under the Contract shall not cancel those rights and prevent them from being enforced subsequently.

 

13.4        These terms and conditions apply to the Contract and to trading between us to the exclusion of all other terms.

 

13.5        To the extent legally permissible, unless set out in these terms and conditions, all express or implied warranties, terms and conditions are excluded.

 

13.6        You may not transfer, assign, charge or sub-contract a Contract, or any of your rights or obligations arising under it.

 

13.7        If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable, such term, condition or provision will to that extent be excluded from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

 

13.8        No term of the Contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.

 

13.9        Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, before the date of the Contract was formed (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.

 

13.10      The English courts will have exclusive jurisdiction over any claim arising from, or related to, the Contract and these terms and conditions although we retain the right to bring proceedings against you for a breach of the Contract or these terms and conditions in your country of residence or any other relevant country. These terms and conditions are and each Contract is governed by English law.

CHINTI AND PARKER LIMITED
PRIVACY POLICY

Chinti and Parker is committed to protecting and respecting your privacy.
This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us.  Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

For the purpose of the Data Protection Act 1998 (Act), the data controller is Chinti and Parker Limited of Morley House, 36 Acreman Street, Sherborne, Dorset  DT9 3NX.

Information we may collect from you
We may collect and process the following data about you:
information that you provide by filling in forms on our site www.chintiandparker.com, (our site);
details of transactions you carry out through our site and of the fulfilment of your orders;
if you contact us, we may keep a record of that correspondence;
we may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them; and
details of your visits to our site and the resources that you access.

IP addresses and cookies
We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.

For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive. They help us to improve our site and to deliver a better and more personalised service.

They enable us:
to estimate our audience size and usage pattern;
to store information about your preferences, and so allow us to customise our site according to your individual interests;
to speed up your searches; and
to recognise you when you return to our site.

You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of our site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to our site.

Where we store your personal data
The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (EEA). It may also be processed by staff operating outside the EEA who work for us or for one of our agents or suppliers. Such staff maybe engaged in, amongst other things, the fulfilment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy.

All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted - we do not keep any record of the card you use for payment. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

Use made of the information
We use information held about you in the following ways:
to carry out and to enable our third party agents and suppliers to carry out our obligations arising from any contracts entered into between you and us (such as the purchase of a product);
to process and to enable our third party agents and suppliers to process payments made by credit/debit card, including validation of your personal data against third party databases (for example credit reference agencies) to guard against fraud. Your data will not be used for credit checks and your credit rating will not be affected;
to ensure that content from our site is presented in the most effective manner for you and for your computer;
to provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes; and
to allow you to participate in interactive features on our website, when you choose to do so.

We may also use your data, or permit selected third parties to use your data, to provide you with information about goods and services which may be of interest to you and we or they may contact you about these by post or telephone.

If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale to you.

If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this.

If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data.

Your rights
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by ticking certain boxes on the forms we use to collect your data.  You can also exercise the right at any time by contacting us at [sophie.desouza@chintiandparker.com].

Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates.  If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies.  Please check these policies before you submit any personal data to these websites.

Access to information
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.

Changes to our Privacy Policy
Any changes we may make to our Privacy Policy in the future will be posted on this page and, where appropriate, notified to you by e-mail.

Contact
Questions, comments and requests regarding this Privacy Policy are welcomed and should be addressed to [sophie.desouza@chintiandparker.com].