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Terms & Conditions
These terms and conditions regulate the business relationship between
you and us. By using Our Web Site in any way, or by buying from us,
you agree to be bound by them.
No person under the age of 18 years may purchase Goods; please ask
your parent or guardian to place your order.
We are:
Cheech Miller Ltd, 227 Victoria Park Rd, London E9 7HD
Company Reg No: 6392565
VAT Reg: 920 1106 87
You are: visitor to Our Web Site / our customer
The Terms and Conditions
1. Definitions
In this agreement:
"
Carrier" means any person or business contracted by us to carry
Goods from us to you, whether all or part of the distance.
"
Our Web Site" means the entire computing hardware and software
installation that is or supports Our Web Site.
"
Goods" means any of the Goods we offer for sale on our web site
"
Content" means information in any form published on Our Web Site
by us or any third party with our consent.
2. Our contract with you
2.1. These terms and conditions apply:
2.1.1. To you as a visitor to Our Web Site; and
2.1.2. in any event to you as a buyer or prospective buyer of our Goods.
2.2. Goods advertised may not always be available. We will always try
make clear in the product description if a particular shoe size or
colour combination is unavailable.
2.3. We shall acknowledge your order by e-mail upon receipt. However,
no contract exists between you and us for the sale of any Goods until
we confirm that payment has been received and your order has been despatched,
which we will do by e-mail confirmation. At any point up until then,
we may decline to supply the goods to you without giving any reason.
2.4. We may change these terms from time to time. The terms that apply
to you are those posted here on Our Web Site on the day you order Goods.
2.5. All descriptions, weights and sizes of Goods are those of the
original manufacturers and you may not rely on their accuracy. Accordingly,
any such description shall not form part of this Agreement.
2.6. If we do not have the Goods you order in stock, we will offer
you alternatives before we despatch your order. If this happens you
may:
2.6.1 accept the alternatives we offer;
2.6.2 cancel your order for a full refund .
2.6.3 leave the order valid, but tell us to omit the out-of-stock item.
2.7. If we owe you money (for this or any other reason), we will refund
you as soon as reasonably practicable but in any event no later than
30 days from the date of your order.
2.8. Goods are at your risk from the moment they are picked up by the
Carrier from our warehouse.
3. Price and Payment
3.1. You must pay us the full price of your order before we will send
any part of it.
3.2. Banking charges incurred by the receiving electronic payments
to us will be borne by us. All other charges relating to payment in
a currency other than pounds Sterling will be borne by you.
3.3. Any details given by us in relation to exchange rates are approximate
only and may vary from time to time.
3.4. You will pay all sums due to us under these terms by the means
specified without any set-off, deduction or counterclaim.
4. Information you give us
4.1. You agree that you have provided, and will continue to provide
accurate, up to date, and complete information about yourself. We need
this information to provide you with the Goods. All transactions are
conducted within a secure site and while we will retain your customer
data – Name, address, email etc, your card details are dealt
with by Barclays bank and are not held at any time on our server.
4.2. We will use all reasonable efforts to respond to any point of
dissatisfaction by you, provided you contact us within one month of
purchase.
5. Delivery
5.1. Deliveries will be made by the Carrier to the address stipulated
in your order. You must ensure that someone is present to accept delivery.
5.2. If we are unable to deliver your Goods within 7 days of the date
of your order, we shall notify you by e-mail to arrange another date
for delivery.
5.3. We may deliver the Goods in batches if the Goods are not available
at the same time for delivery. Any additional carriage cost incurred
will be paid by us. This will only be done with your prior authorisation.
6. Taxes, duties and import restrictions
6.1. We have no knowledge of, and no responsibility for, the laws in
your country of residence.
6.2. You are responsible for purchasing Goods which you are lawfully
able to import and for the payment of import duties and taxes of any
kind levied in your country of residence.
7. Goods returned
Because you are buying the Goods by mail order, you may have a right
of cancellation. If you do, (and only if you do), these are the terms
which apply:
7.1. You must tell us you wish to cancel within 7 working days after
the day of your receipt of the Goods;
7.2. In any event, you may not cancel orders for food or other perishable
Goods, nor for handmade, specially commissioned or custom prepared
Goods;
7.3. The Goods must be returned to us within 30 days of you telling
us you wish to cancel:
7.3.1 with both Goods and all packaging in their original condition;
7.3.2 securely wrapped;
7.3.3 including our delivery slip;
7.3.4 at your risk and cost.
7.4. We will refund you the full purchase price of the Goods within
30 days of you telling us you wish to cancel;
7.5. If you do not return the Goods to us within 30 days of you telling
us you wish to cancel, we will arrange to collect them.
7.6. We are under no obligation to collect or recover Goods from you,
but if we do, our costs will be payable by you.
8. Disclaimers
8.1. We or our Content suppliers may make improvements or changes to
Our Web Site, the Content, or to any of the Goods, at any time and
without advance notice.
8.2. You are advised that Content may include technical inaccuracies
or typographical errors.
8.3. We give no warranty and make no representation, express or implied,
as to:
8.3.1 the adequacy or appropriateness of the Goods for your purpose.
8.3.2 the truth of any information given on Our Web Site;
8.3.3 any implied warranty or condition as to merchantability or fitness
of the Goods and Services for a particular purpose;
8.3.4 compatibility of Our Web Site with your equipment software or
telecommunications connection.
8.3.5 compliance with any law;
8.3.6 non-infringement of any right.
8.4. Our Web Site contains links to other Internet web sites. We have
neither power nor control over any such web site. You acknowledge and
agree that we shall not be liable in any way for the Content of any
such linked web site, nor for any loss or damage arising from your
use of any such web site.
8.5. We are not liable in any circumstances for special, indirect or
consequential loss or any damages whatsoever resulting from loss of
use, loss of data or loss of revenues or profits, whether in an action
of contract, negligence or otherwise, arising out of or in connection
with your use of Our Web Site or the purchase of Goods.
8.6. In any claim against us our liability is limited to the value
of the Goods you have purchased in the contract which is the subject
of the dispute.
9. Content and Intellectual Property Rights
9.1. Title, ownership rights, and intellectual property rights in the
Content whether provided by us or by any other Content provider shall
remain the sole property of Cheech Miller Ltd. We will strongly protect
its rights in all countries.
9.2. You may not copy, modify, publish, transmit, transfer or sell,
reproduce, create derivative works from, distribute, perform, display,
or in any way exploit any of the Content, in whole or in part, except
as is expressly permitted in this agreement.
9.3. You may download or copy the Content only for your own personal
use, provided that you maintain all copyright and other notices contained
in such Content. you may not store electronically any significant portion
of any Content.
10. System Security
10.1. You agree that you will not, and will not allow any other person
to, violate or attempt to violate any aspect of the security of Our
Web Site.
10.2. You agree that you will in no way modify, reverse engineer, disassemble,
decompile, copy, or cause damage or unintended effect to any portion
of Our Web Site, or any software used on Our Web Site, and that you
will not permit any other person to do so.
10.3. You understand that any such violation is unlawful in many jurisdictions
and that any contravention of law may result in criminal prosecution.
10.4. Examples of violations are:
10.4.1. accessing data unlawfully or without consent;
10.4.2. attempting to probe, scan or test the vulnerability of a system
or network or to breach security or authentication measures;
10.4.3. attempting to interfere with service to any user, host or network,
including, without limitation, via means of overloading, "flooding", "mail
bombing" or "crashing";
10.4.4 forging any TCP/IP packet header or any part of the header information
in any e-mail or newsgroup posting;
10.4.5. taking any action in order to obtain Goods to which you are
not entitled.
10.5. You agree to indemnify us against any claim or demand, including
reasonable lawyers’ fees, made by any third party due to or arising
out of:
10.5.1. any violation of system security as set out above;
10.5.2. your use of Our Web Site;
10.5.3. any other breach or violation of this agreement by you;
10.5.4. the infringement by you, or by any other user of your computer,
of any intellectual property or other right of any person or entity,
or as a result of any threatening, libellous, obscene, harassing or
offensive material contained in any of your communications.
11. Indemnity
You agree to indemnify us against any claim or demand, including reasonable
lawyers’ fees, made by any third party due to or arising in any
way out of your use of Our Web Site, or the infringement by you, or
by any other person using your computer, of any intellectual property
or other right of any person.
12. Contractual Limitation
Where we provide Goods without specific charge, then it (or they) is
deemed to be provided free of charge, and not to be associated with
any other service for which a charge is made. Accordingly, there is
no contractual nor other obligation upon us in respect of any such
Goods.
13. Rights of third parties
Nothing in this agreement or on Our Web Site shall confer on any third
party any benefit under the provisions of the Contracts (Rights of
Third Parties) Act 1999.
14. Severability
If any of these terms is at any time held by any jurisdiction to be
void, invalid or unenforceable, then it shall be treated as changed
or reduced, only to the extent minimally necessary to bring it within
the laws of that jurisdiction and to prevent it from being void and
it shall be binding in that changed or reduced form. Subject to that,
each provision shall be interpreted as severable and shall not in any
way affect any other of these terms.
15. No Waiver
No waiver by us, in exercising any right, power or provision hereunder
shall operate as a waiver of any other right or of that same right
at a future time; nor shall any delay in exercise of any power or right
be interpreted as a waiver.
16. Dispute Resolution
In the event of a dispute arising out of or in connection with these
terms or any contract between you and us, then you agree to attempt
to settle the dispute by engaging in good faith with us in a process
of mediation before commencing arbitration or litigation.
17. Force majeure
We are not liable for any breach of our obligations resulting from
causes beyond our reasonable control including strikes of our own employees.
18. Governing Law
This Agreement shall be governed by and construed in accordance with
the law of England. This agreement shall not be governed by the United
Nations Convention on Contracts for the International Sale of Goods,
the application of which is hereby expressly excluded.
At the end of the day… We are reasonable people. If you are nice
to us, we will be nice to you and any and all problems can be resolved
adequately and fairly.
Cheech. |
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