ChiliPad.co.uk - Terms and Conditions of Sale
1.1. (a) All business undertaken by ChiliPad.co.uk (hereinafter called the Company) transacted subject to these Conditions and each of these Conditions shall be a condition of any agreement between the Company and its customer.
(b) Each provision of these Conditions shall be severable and if any such provision shall be invalid or unenforceable such circumstance shall not affect the validity or enforceability of any other provision of the said Conditions.
(c) No agent or employee of the Company shall have any authority to alter or vary in any way these Conditions unless he is expressly authorised by the Company in writing so to do.
1.2 These Conditions are the only terms on which the Company sells its goods (the Goods). A Contract (the Contract") shall be made when a Buyer (the Buyer) place an order with the Company. By placing an order the Buyer agrees that the Company's Terms and Conditions of sale shall apply to the Contract to the exclusion of all other Terms and Conditions.
2.1 The price paid for the Goods shall be that agreed at the time that the Contract is made save that;
(a) The price shall be increased to account for any change in currency exchange rates which might Increase the cost of goods or any part thereof to the company.
(b) Any increase in taxes, customs duties, consular fees, freight charges, insurance premiums or similar expenses shall be added to the Contract price provided that such costs were Included in the price.
3.1 The buyer may cancel any order excluding custom made products 5 days before delivery. The company shall reserve the right to charge a 40% restocking for cancellations made within 5 days of delivery.
4.1 The price payable for the goods you order or purchase is as set out on our website at the time you submit your order.
4.2 Occasionally, an error may occur and goods may be either incorrectly priced or described in which case we will not be obliged to supply the goods at the incorrect price or in accordance with the incorrect description or at all. We reserve the right to correct any errors from time to time. We will (at our discretion) either cancel your order and refund the price you have paid or use reasonable endeavours to contact you and ask you whether you wish to continue with the order at the correct price or correct description. If we are unable to contact you or you do not wish to continue with the order at the correct price or correct description, we will cancel your order and refund the price you have paid.
4.3 We must receive payment for the whole of the price of the goods you order and purchase, and any applicable charges for delivery, before your order can be processed unless we have agreed otherwise in advance in writing.
4.5 PayPal payments are subject to authorisation by PayPal. If the issuer of the card or PayPal refuses to authorise payment we will not accept your order or purchase, we will not be obliged to inform you of the reason for the refusal, and we will not be liable for the item not being delivered or provided to you. We are not responsible for the card issuer or bank charging the holder of the card as a result of our processing of your credit/debit card payment in accordance with your order or purchase or if PayPal charges you for making the order.
4.6 We recommend that you do not communicate your PayPal details and password to anyone, including us, by email.
5.1 Legal Ownership of the Goods shall pass to the Buyer only upon payment in full of:-
(a) The price of the Goods and;
(b) Any other sum due under the Contract and;
(c) Any other sum due to the Company from the Buyer.
After the due date for payment of the above sums has expired or until payment is made in full the Company may re-posse and re-sell the Goods.
5.2 The Buyer shall hold the Goods as The Company's Bailee until payment in full under Clause 4.1 has been made.
5.3 Without derogating from any other provision in this Contract and notwithstanding delivery, the Goods shall remain the Company's absolute property until it has received the full price for the goods. Furthermore, until the Company has received the full price for the Goods, the Buyer shall keep the Goods separate and apart from all other property and retain on the Goods the Company's identifying mark.
5.4 Without derogating from any other provision herein where the Buyer takes the Goods on trial or approval such Goods remain the Company's property absolutely and the Buyer shall deliver up such Goods on demand.
6.1 Any date or time quoted for delivery is given as an estimate only. The Company shall not be Liable for any loss or damage whatsoever arising by reason of any failure on its part to deliver on such date.
6.2 If the Buyer causes the delivery of the Goods to be delayed or if the Buyer refuses or fails to take delivery of the Goods, the Company shall store or despatch the Goods at the sole risk and expense of the Buyer.
6.3 Should the Goods not be delivered by the Company's own transport (or a carrier on its behalf), they shall be deemed to be delivered and the risk therein to have passed to the Buyer:-
(a) In the case of delivery ex-works when the Goods have been loaded onto the Buyer’s transport (provided that this is done by a Company employee), OR when the Goods have been passed to the buyer's representative for loading
(b) In the case of despatch by post, at the time of posting.
6.4 Where the Goods are to be delivered by a carrier on the Company's behalf, the risk therein shall pass to the Buyer upon actual delivery at their destination. On request the Company shall advise the Buyer of the date of despatch.
6.5 In any case where Goods are sold c.i.f. or f.o.b. or on the basis of any other International trade terms the meaning of such terms contained In INCOTERMS (1980) shall apply as If expressly
Incorporated herein except insofar as any part of the same may be Inconsistent with any of the provisions in these conditions.
6.6 In the case of any sale of Goods f.o.b. the Company shall be under no obligation to give the Buyer the notice specified in section 32(3) of the Sale of Goods Act 1879.
7.1 You can return your ChiliPad within 14 days from receipt of delivery. Please complete our returns from that can be downloaded here.
Please email a copy of the completed form to firstname.lastname@example.org and also print a copy to send with your ChiliPad unit.
7.2 Please Note:
• To be eligible for a return the unit must be unused* and in its original packaging.
• You are responsible for the postage costs of returning the ChiliPad Unit and Topper(s)
• For your protection, we recommend that you use an appropriately insured delivery service as you are liable for the item until it has been received (please keep your proof of postage until we have confirmed we have received the item).
• We reserve the right to reduce the amount of money refunded for goods returned which show evidence of use beyond the standard requirements e.g. a topper that has been slept on.
• All units and toppers must be returned in a clean and dry condition as wet, soiled or dirty returns will not be able to be processed
• Any initial international delivery costs will not be refunded
• If your return request is due an incorrect or damaged product being delivered, please follow the above procedure and in these instances, we will refund reasonable postage costs.
* You can test the unit and use the palm of your hand to assess the temperature range of the pad, however, for health and hygiene reasons you will not be eligible for a refund if you sleep on the pad. ChiliPad.co.uk reserves the right to refuse a refund where we reasonably believe the products have been fully used.
7.3 Please Address all returns to:
FAO Karen Dehal, Good In, Furmanac Ltd, Unit 71, Third Avenue, Pensnett Industrial Estate, Kingswinford, DY6 7FF
7.4 LATE RETURNS; Your items should be sent back to us within 14 days of receipt by you. Late returns cannot be accepted and may be returned to you.
8.1 During year one (1) following the documented date of purchase, ChiliPad.co.uk will repair or replace any product or part(s) that are defective in either materials or workmanship to include parts and labour at the expense of ChiliPad.co.uk.
8.2 During year two (2) following the documented date of purchase, ChiliPad.co.uk will repair or replace any product or part(s) that are defective in either materials or workmanship at the expense of ChiliPad.co.uk. Labour and return delivery to the purchaser will be billed to the purchaser at a cost of £40.
9. CLAIMS AND LIABILITY
9.1 Any claim by the Buyer against the Company arising under the Contract of whatsoever kind, (except for non delivery) shall be made in writing and notified to the Company within seven days of the date of delivery of the Goods (within fourteen days of despatch of the Goods for non-delivery claims) and any claim not made and notified In accordance with this condition shall be reasonably possible for it to do so.
9.2 Notwithstanding the provision of sub-paragraph
9.3 Above the Company shall in any event be discharged from all liability whatsoever howsoever arising in respect of the Contract unless suite b brought and written notice thereof given to the Company within nine months from the date upon which the Buyer places its order with the Company.
9.4 A 2 year manufacturer's warranty is offered where replacement parts will be provided for defective components. No additional warranty, condition, description or representation on the part of the Company is given or Implied by the Contract nor Is any additional warranty, condition, description or representation to be taken to have been given or Implied from anything said or written In the negotiations between the Company and the Buyer or their representatives, prior to this Contract and any statutory or other warranty, condition or description expressed or Implied as to the state, quality or fitness of the Goods is hereby expressly excluded.
10. FORCE MAJEURE
The Company shall be under no liability for any delay loss or damage caused wholly or in part by acts of God, Government or Military Authorities, labour disputes or by any other act, matter or thing beyond Its reasonable control. The Buyer shall in such event be entitled to a statement on request confirming whether or not the Goods are to be delivered within a reasonable period.
11.1 Words herein importing the singular shall where the context admits Import the plural and vice versa.
11.2 Any notice hereunder shall be in permanent readable form and shall be deemed property addressed to the party concerned at its principal place of business or last known address.
11.3 The failure of either party to the Contract to exercise or enforce any rights conferred by the Contract shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof at any time or times thereafter.
11.4 Please note it is normal for the ChiliPad to create a level of noise similar to that created by a fan or an air-conditioning unit. This is a not a fault or warranty issue and we recommend placing the ChiliPad unit at the foot of the bed to minimise any disturbance that may be caused.