1 The contract between us (ChilliWorld)
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 Our right to refuse your order
2.1 We reserve the right to refuse to accept your order for any reason including, without limitation and whether or not payment has been received by us, if:
2.1.1 we have insufficient stock to deliver the goods you have ordered;
2.1.2 we do not deliver to your area; or
2.1.3 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.
2.2 If we do refuse your order 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. We will not be obliged to offer any additional compensation for disappointment suffered.
3.1 The prices payable for goods that you order are as set out in our website.
3.2 You may be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Our delivery charges are set out in our website.
4 Right for you to cancel your contract
4.1 You may cancel your contract with us for the goods you order at any time up to the end of the seventh working day from the day after the date you receive the ordered goods. You do not need to give us any reason for canceling your contract nor will you have to pay any penalty.
4.2 To cancel your contract you must notify us in writing.
4.3 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.
4.4 Once you have notified us that you are canceling 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.
4.5 If you cancel the contract but do not return the goods to us in the condition they were in when delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
5 Delivery of goods to you
5.1 We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order.
5.2 Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of your order.
5.3 Shipments to UK Mainland addresses are usually shipped with a tracking number, these packages are then traceable and insured. Packages outside of mainland UK are shipped standard post, have no tracking and are therefore uninsured. We cannot supply a refund for a package without a tracking number and therefore uninsured until we know what has happened to the parcel. All underlivered items are returned to us so if that doesn't happen we have no choice but to assume the item has been delivered and cannot offer a refund. If you feel that the parcel may have been stolen then you will need to obtain written proof of this from the local post office.
5.4 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.
6.1 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, then (except where you are dealing as a consumer within the meaning of the Unfair Contract Terms Act 1977) we shall have no liability to you unless you notify us in writing at our contact address of the problem within 10 working days of the delivery of the goods in question.
6.2 If you do not receive goods ordered by you within 30 days of the date on which you ordered them, then (except where you are dealing as a consumer) we shall have no liability to you unless you notify us in writing at our contact address of the problem within 40 days of the date on which you ordered the goods.
If you notify a problem to us under this condition then at your option we will either:
6.2.1 make good any shortage or non-delivery;
6.2.2 replace or repair any goods that are damaged or defective; or
6.2.3 refund to you the amount paid by you for the goods in question in whatever way we choose and (except where you are dealing as a consumer) we shall have no further liability to you.
6.3 Save as precluded by law and except where you are dealing as a consumer, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 6.2.3 above.
6.4 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.
6.5 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.
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 ChilliWorld, 6 Beechvale Close, London. N12 9AW. Great Britain. and all notices from us to you will be displayed on our website from to time.
8 Events beyond our control
We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
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 to the extent that they are capable of continuing in force without the unenforceable term or condition.
11 Third party rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
12 Governing law
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
13 Entire agreement
These terms and conditions, together with our current website prices, delivery details, contact details and privacy statement, set out the whole of our agreement relating to the supply of the goods to you by us and except where you are dealing as a consumer:
13.1 Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us; and,
13.2 Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.