Online terms and conditions
between Chukka Ltd and consumer
These terms and conditions form the basis on which you can visit
us and our website. Please read them carefully as they contain
important information.
General terms and
conditions
This site is owned and operated by Chukka Ltd of Unit 10 Warwick
House Business Park, Banbury Road, Southam, CV47 2PT. If you have
any queries about these terms and conditions or if you have any
comments or complaints on or about our website, you can contact us
at admin@chukkaclothing.com or 0845 0805916.
1. The contract between us We must receive payment of the whole
of the price for the goods that you order before your order can be
accepted. Once payment has been received by us we will confirm that
your order has been accepted by sending an email to you at the
email address you provide in your order form. Our acceptance of
your order brings into existence a legally binding contract between
us.
2. Ownership of rights All rights, including copyright, in
this website are owned by Chukka Ltd. Any use of this website or
its contents, including copying or storing it or them in whole or
part, other than for your own personal, non commercial use, is
prohibited without our permission. You may not modify, distribute
or repost anything on this website for any purpose.
3. Accuracy of content We have taken care in the preparation of
the content of this website, in particular to ensure that prices
quoted are correct at the time of publishing and that all goods
have been fairly described. However, orders will only be accepted
if there are no material errors in the description of the goods or
their prices as advertised on this website. Any weights, dimensions
and capacities given about the goods are approximate only.
4. Damage to your computer We try to ensure that this website is
free from viruses or defects. However, we cannot guarantee that
your use of this website or any websites accessible through it will
not cause damage to your computer. It is your responsibility to
ensure that the right equipment is available to use the website.
Except in the case of negligence on our part, we will not be liable
to any person for any loss or damage which may arise to computer
equipment as a result of using this website.
5. Availability All orders are subject to acceptance and
availability. If the Goods you have ordered are not available from
stock, we will contact you by e-mail or phone (if you have given us
details). You will have the option either to wait until the item is
available from stock or to cancel your order.
6. Ordering errors You are able to correct errors on your order
up to the point on which you click on “submit” during
the ordering process.
7. Price The prices payable for goods that you order are as set
out in our website. All prices are inclusive of VAT at the current
rates and are correct at the time of entering information. Wherever
it is not possible to accept your order to buy goods of the
specification and description at the price indicated, we will
advise you by email, offer to sell you the goods of the
specification and description at the price stated in the email and
will state the period for which the offer or the price remains
valid.
8. Payment terms We will charge your credit account for payment
upon receipt of your order unless delivery cannot be fulfilled
within 30 days. We accept no liability if a delivery is delayed
because you did not give us the correct payment details. If it is
not possible to obtain full payment for the goods from your account
then we can cancel the contract and or suspend any further
deliveries to you. This does not affect any other rights we may
have. 9. Delivery charges Delivery charges vary according to the
type of goods ordered.
10. Delivery
10.1 Our delivery charges are set out on the delivery and
returns information page in our website.
10.2 You will be required to pay extra for delivery and it might
not be possible for us to deliver to some locations.
10.3 We will deliver the goods to the address you specify for
delivery in your order. It is important that this address is
accurate. We cannot accept any liability for any loss or damage to
the goods once they have been delivered in accordance with your
delivery instructions (unless this is caused by our negligence). We
will aim to deliver the goods by the date quoted for delivery but
delivery times are not guaranteed. If delivery is delayed due to
any cause beyond our reasonable control, the delivery date will be
extended by a reasonable period and we will contact you to arrange
an alternative time.
10.4 You will become the owner of the goods you have ordered
when they have been delivered to you. Once goods have been
delivered to you they will be held at your own risk and we will not
be liable for their loss or destruction.
11. Risk and ownership Risk of damage to or loss of the goods
passes to you at the time of delivery to you, or if you fail to
take delivery at the agreed time, the time when we tried to
deliver. You will only own the goods once they have been
successfully delivered and when we have received cleared payment in
full. Goods supplied are not for resale.
12. Acknowledgement and acceptance of your order You will need
to provide us with your e-mail address and we will notify you by
e-mail as soon as possible to confirm receipt of your order and
e-mail you again to confirm details. An acceptance of your order
will take place on despatch of the good(s) ordered.
13. Cancellation rights
13.1 Under the Distance Selling Regulations you have the legal
right to cancel your order within seven days of receipt of your
goods (with the exception of any made to order items). You do not
need to give us any reason for cancelling your contract nor will
you have to pay any penalty. However, you will need to notify us if
you wish to cancel your contract.
13.2 If you have received the goods before you cancel your
contract then you must send the goods back to our contact address
at your own cost and risk. If you cancel your contract but we have
already processed the goods for delivery you must not unpack the
goods when they are received by you and you must send the goods
back to us at our contact address at your own cost and risk as soon
as possible.
13.3 Once you have notified us that you are cancelling your
contract, any sum debited to us from your credit card will be
re-credited to your account as soon as possible and in any event
within 30 days of your order PROVIDED THAT the goods in question
are returned by you and received by us in the condition they were
in when delivered to you. If you do not return the goods delivered
to you or do not pay the costs of delivery, we will be entitled to
deduct the direct costs of recovering the goods from the amount to
be re-credited to you.
13.4 You will be re-credited for the costs incurred in returning
faulty or unsatisfactory goods.
14. Cancellation by us 14.1 We reserve the right to cancel the
contract between us if:
14.1.1 we have insufficient stock to deliver the goods you have
ordered;
14.1.2 we do not deliver to your area; or 14.1.3 one or more of
the goods you ordered was listed at an incorrect price due to a
typographical error or an error in the pricing information received
by us from our suppliers.
14.2 If we do cancel your contract we will notify you by e-mail
and will re-credit to your account any sum deducted by us from your
credit card as soon as possible but in any event within 30 days of
your order.
15. Liability
15.1 If you do not receive goods ordered by you within 30 days
of the date on which you ordered them, we will have no liability to
you unless you notify us in writing at our contact address of the
problem within 60 days of the date on which you ordered the goods
(unless this is not reasonably practicable). If you notify a
problem to us under this condition, our only obligation will be, at
your option:
15.1.1 to make good any shortage or non-delivery; 15.1.2 to
replace or repair any goods that are damaged or defective; or
15.1.3 to refund to you the amount paid by you for the goods in
question in whatever way we choose.
15.2 Both parties shall only be liable under this contract for
losses, which are a reasonably foreseeable consequence of the
relevant breach of contract.
15.3 You must observe and comply with all applicable regulations
and legislation, including obtaining all necessary customs, import
or other permits to purchase goods from our site. The importation
or exportation of certain of our goods to you may be prohibited by
certain national laws. We make no representation and accept no
liability in respect of the export or import of the goods you
purchase.
15.4 Notwithstanding the foregoing, nothing in these terms and
conditions is intended to limit any rights you might have as a
consumer under applicable local law or other statutory rights that
may not be excluded nor in any way to exclude or limit our
liability to you for any death or personal injury resulting from
our negligence.
16. Notices Unless otherwise expressly stated in these terms and
conditions, all notices from you to us must be in writing and sent
to our contact address at Chukka Ltd, Unit 10 Warwick House
Business Park, Banbury Road, Southam, CV47 2PT and all notices from
us to you will be displayed on our website from to time.
17. Changes to legal notices We reserve the right to change
these terms and conditions from time to time and you should look
through them as often as possible.
18. Law, jurisdiction and language This website, any content
contained therein and any contract brought into being as a result
of usage of this website are governed by and construed in
accordance with English law. Parties to any such contract agree to
submit to the exclusive jurisdiction of the courts of England and
Wales. All contracts are concluded in English.
19. Invalidity If any part of these terms and conditions is
unenforceable (including any provision in which we exclude our
liability to you) the enforceability of any other part of these
conditions will not be affected.
20. Privacy You acknowledge and agree to be bound by the terms
of our privacy policy.
21. Third party rights Nothing in this Agreement is intended to,
nor shall it confer any rights on a third party.
PRIVACY STATEMENT
We, Chukka Ltd are committed to protecting the privacy of anyone
using our site and the confidentiality of any information that you
provide us with. The purpose of this statement is to set out how we
use any personal information that we may obtain from you.
Data Protection Act
1988
We comply with the Data Protection Act in all our dealings with
your personal data.
Use and collection of personal
information
In general you can visit our website without telling us who you
are and without revealing any information about yourself. If,
however, you use our site you will need to register and you will be
asked to provide certain information such as your contact details.
We will store this data and hold it on computer or otherwise.
We may use information that you provide: (a) To register you
with our website and to administer it. (b) For assessment and
analysis e.g. marketing, customer and product analysis, to enable
us to review, develop and improve our services.
Cookies
There is a technology called “cookies” which may be
used by us to provide you with, for example, customised information
from our website. A cookie is an element of data that a website can
send to your browser which may then store it on your system. If you
wish, you can usually adjust your browser so that your computer
does not accept cookies. Please remember cookies do not contain
confidential information such as your home address, telephone
number or credit card details. We do not exchange cookies with any
third party websites or external data suppliers.
Security
We endeavour to take all reasonable steps to protect your
personal information. However, we cannot guarantee the security of
any data that you disclose online and we will not be responsible
for any breach of security unless this is due to our negligence or
wilful default.
General
You have the right to see personal data (as defined under the
Data Protection Act) that we keep about you upon receipt of a
written request and payment of a fee of £10. Any request should be
sent to: Data Controller, Chukka Ltd, Unit 10 Warwick House
Business Park, Banbury Road, Southam, CV47 2PT
