TERMS AND CONDITIONS

TERMS AND CONDITIONS

1. Introduction 

This document, together with any documents mentioned herein, sets out the terms and conditions governing the use of this website and the purchase of products through such website (now referred to as, the "Terms"). Please read through these Terms, our Privacy Policy and Cookies Policy prior to using this website. By using this website or placing an order, you are consenting to be bound by these Terms and Policies. If you do not agree to them, please do not use this website. These Terms and Policies may be amended at any time. It is your responsibility to read through them before you place an order, as the Terms and the Data Protection Policies in force at the time you use the website or at the time of the formation of the Contract (as defined below) shall be the applicable ones. The Contract (as defined below) is executed in English.

2. Our details 

Sales of home interior and garden goods through this website is carried out under the The Chalk House name with our registered office at: Fairford, 19 Park Avenue, Dover, Kent, CT16 1ES. If you have any questions or complaints, you may contact us at [email protected]. 

3. Your Details and visits to this website

The information or personal details that you provide us with shall be processed pursuant to the Data Protection Policies. By using this website you are consenting to the processing of such information and details and you acknowledge that the information or details you have provided are true and accurate. 

4. Use of our website 

By using this website and/or placing an order through it, you are agreeing to:

a. Use this website purely to make legitimate orders or enquiries. 

b. Provide true and accurate contact details and agree that we may use these details to contact you should we need to. If you fail to provide us with all of the information that we require, we may be unable to complete your order. 

c. Confirm that you are at least 18 years of age and are legally capable of entering into binding contracts. 

d. Not make any speculative, fraudulent or false orders. In the event that this happens, we will be within our rights to cancel the order and report to the relevant authorities. 

5. Service Availability 

Goods for sale on our website are only available for delivery to the (Mainland) United Kingdom. 

6. How the contract is formed 

The information set out in the Terms and the details contained on this website do not constitute an offer for sale but rather an invitation to treat. No contract in respect of any products shall exist between Heritage House Interiors and you until your order has been accepted by us. The contract between us for the purchase of a product will only be formed when we send you the Dispatch Confirmation. The Contract will relate only to those products whose dispatch we have confirmed in the Dispatch Confirmation. 

7. Availability of products 

All orders for products are subject to availability. If products are no longer in stock or if we encounter supply difficulties, we reserve the right to cancel your order and reimburse any monies you may have paid. 

8. Refusing an order 

We reserve the right to remove or edit any content found on our website. In exceptional circumstances we may need to refuse an order, which we reserve the right to do at any time. We will not be liable to you or any third party due to a product removal or content edit following order acceptance. 

9. Prices 

We try to ensure that all prices on the website are accurate. Occasionally though, errors may occur. If we discover an error in the price of products you have ordered, we will inform you as soon as possible. You will have the option of either purchasing the product/s at the correct price or cancelling the order. If we cannot contact you, the order will be treated as cancelled and if you have already paid for the products we will refund you in full. We are under no obligation to provide the product(s) to you at the incorrect price, even after we have sent you a Delivery Confirmation. All items on the website include VAT. The delivery cost will be added to the total at the end. Prices are liable to change at any time, but (other than as set out above) changes will not affect orders for which we have already sent you an Order Confirmation. 

10. Payment 

Once all your chosen items are in the shopping basket, you will then go to the checkout process to make payment. To do this, you must follow the steps of the purchase process, completing or verifying the information requested in each step. You are able to modify the details of your order at any time prior to payment. Payment is made via our payment processor, Paypal. By placing your order, you agree that we may pass on your details and those of your order to Paypal, to enable processing. The charge will be made the moment you confirm the order. Your order will be sent to the address shown on your Paypal confirmation and as such, no request to deliver to an alternative address will be honoured. 

11. VAT 

All prices shown on the website include VAT. 

12. Delivery 

Subject to availability (see clause 7) and unless there are exceptional circumstances, we will endeavour to process and dispatch your goods within 2 working days. If our supply of the goods is delayed by circumstances beyond our control, we will contact you as soon as possible to inform you. Provided we do this and take steps to minimise the effect of the delay, we will not be liable for any delays caused by such circumstances. If the delay is lengthy, you may contact us to end the Contract and be reimbursed fully for goods paid for but not received. 

13. Delivery Method and Charges 

For orders under the value of £70, the delivery charge is £4. 

For orders over the value of £60, the delivery charge is free. 

An additional charge of £3 will be added for postage to remote addresses: The Isle of Man, The Shetland Islands and The Outer Hebrides. The total postage cost to such areas is £7.  If this is missed during order processing, an additional Paypal invoice will be sent to cover the amount stated. If you do not wish to pay this additional charge, we reserve the right to cancel your order.

We do not post to International addresses or to The Channel Islands, PO Box or BFPO addresses. 

We use MyHermes and Yodel delivery services to transport your goods to you. Delivery should take between 2 to 3 working days from dispatch, however, please allow up to 5 working days before contacting us as sometimes, during busy periods, things can be delayed. 

A signature will be required upon delivery of your goods and as such, no request to leave in a safe place will be honoured. 

We will only deliver to the address stated on your Paypal payment confirmation. 

14. Risk and Title 

The products will be at your risk from the time of delivery. Ownership will only pass to you when full payment is received, including delivery charges, or upon delivery (clause 7), whichever is the later. 

15. Unable to deliver 

If delivery is attempted and you are not in to take receipt of your goods, the courier may deliver to a neighbour. In this case, their signature will be obtained. In the event the goods cannot be delivered, a card will be left, clearly explaining the next steps. You will have the chance to re-arrange delivery for a time convenient to you.

16. Returns Policy 

a. Statuary Cancellation Rights

You have the right to cancel the Contract within 14 days of when you took delivery of your goods. To exercise this cancellation right, you must inform us by emailing: [email protected] and making a clear statement to us of your wish to cancel the Contract. You must then return the goods within 14 calendar days of cancelling. 

This cancellation right does not extend to items which have been specifically made/personalised to order. 

Nor does it apply to goods returned to us following several attempts to deliver by the courier.  In most cases the time it takes to return is outside the normal returns policy. If this is the case, the original postage cost will not be refunded.

We will only refund the actual cost of the goods within the order once received.

If, after returning part of your order, the total order value falls below the free delivery value of £70, you will be refunded the cost of your returned goods, minus the delivery charge of £4.

Your right to cancel will expire after 14 days from the day after the day on which you take possession of the goods. 

You shall be responsible for the cost of returning the product to us. 

We will reimburse all monies paid, including the original delivery costs, within 14 days of having received the goods back, or evidence that they were returned. Reimbursement will be made back to your Paypal account. 

You are only liable for any diminished value of the products resulting from their handling beyond what is necessary to establish their nature, characteristics and function.

b. Common Provisions 

1. You shall not have the right to cancel the Contract when it is for the delivery of any customised/specifically made to order product. 

Upon delivery, you may handle the products to establish their nature, characteristics and functioning. Acceptable handling is that which would reasonably be allowed in a retail store. If your handling goes beyond this and the products are damaged, show signs of use or diminished in value, we may deduct from the amount we reimburse to you, or you may be liable to us for, an amount equal to the diminished value of the products. 

Please return the products to: The Chalk House, Fairford, 19 Park Avenue, Dover, Kent. CT16 1ES. 

Return using a traceable and insured method of delivery. The goods are your responsibility until we have received them. 

Free products, which were included as part of a special offer must also be returned. 

After examining the products, we will inform you of whether you have the right to reimbursement of the amounts paid. Delivery costs will be reimbursed when the right of withdrawal is exercised within the statutory period and all the goods in which the relevant parcel consists of are returned. The refund will be paid within 14 days from the date on which you notified us of your intention to cancel. 

You are responsible for the cost and risk of returning the products to us, as indicated above. 

c. Return of defective/damaged products We do our very best to ensure that your order is packaged sufficiently to survive the journey to you, but please bear in mind that we rely on third party companies to deliver your order and unfortunately breakages can happen from time to time. If this happens you should contact us within 48 hours, with details of the product and its damage. Photographic evidence is also required in such instances. You should return the product to: The Chalk House, Fairford, 19 Park Avenue, Dover, Kent, CT16 1ES, using either MyHermes or Yodel, whichever is the cheapest option. Please package your product well in order to fully protect the contents from any further damage. 

We will examine the returned product and notify you of your right to a replacement or refund (if any) via email within 3 working days. We will process the refund or send a replacement within 14 days of the day we confirmed to you via email that you are entitled to a refund or replacement of the defective product. Products returned by you because of a defect will be refunded in full, including the original delivery charges and the cost incurred by you in returning the item to us.

If the returned item does not arrive in it's original protective packaging and is damaged in transit because of this, no refund will be honoured.

Items must returned unused and in a re-saleable condition.

Reimbursement will be made back to your Paypal account. 

17. Our Liability 

If we break the terms of this Contract, our liability for losses that you suffer as a result is strictly limited to the purchase price of the product you purchased and any losses which are a foreseeable consequence of us breaking the contract. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us. 

These terms do not limit in any way our liability: 

· For death or personal injury caused by our negligence; 

· Under section 2(3) of the Consumer Protection Act 1987; 

· For fraud or fraudulent misrepresentation; or 

· For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability. We are not liable for business losses. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. We warrant to you that any product purchased from us through this website is of satisfactory quality and reasonably fit for all of the purposes for which products of the kind are commonly supplied. We disclaim all other warranties of any kind. Our products often contain the natural characteristics of the materials used in the manufacture, such as grain, texture, knots and colour. Some of our products are also purposefully aged during their manufacture to create a vintage/antique finish. We select only products of the highest quality but natural and purposefully aged products will show characteristics which are inevitable and should be accepted as part of the individual appearance of the product. These natural and purposefully manufactured characteristics should not be classed as faults or defects and any inconsistencies should be expected and appreciated. The above terms do not affect your statutaory rights.

18. Intellectual property 

You acknowledge and agree that all copyright, trade marks and all other intellectual property rights in all material or content supplied as part of the website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors. This does not prevent you using this website to the extent necessary to make a copy of any order or Contract details. 

19. 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. An event outside our control includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: 

· Strikes or other industrial action. 

· Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war. 

· Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster. 

· Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. 

· Impossibility of the use of public or private telecommunications networks. 

· The acts, decrees, legislation, regulations or restrictions of any government. We will do our utmost to bring any such events outside our control to a close or to find a solution by which our obligations under the Contract may be performed. 

20. Viruses, hacking and other cybercrime 

You may not misuse this website by knowingly introducing material which is malicious or harmful to our technology, such as viruses, Trojans, worms, logic bombs. 

You will not attempt to have any unauthorized access to this website, to the server which hosts this site or to any other server, computer or database related to our website. You undertake not to attack this website via a denial of service attack or a distributed denial of service attack. By breaching this provision you may commit a criminal offence under the applicable regulations. We will report any such breach to the relevant law enforcement authority and we will cooperate with the appropriate authority to disclose the identity of the hacker. 

In the event of such a breach, your right to use this website will cease immediately. We accept no liability for any loss or damage resulting from any denial of service attack, virus or any other software or material which is malicious or technologically harmful to your computer, equipment, data or material resulting from the use of this website or from the downloading of the contents thereof or of such contents to which this website redirects. 

21. Links from our website 

We may have links from our website to other third party websites and materials. Such links are provided exclusively for information purposes and we do not have any control whatsoever over the contents of such websites or materials. Accordingly, we accept no liability whatsoever for any loss or damage which may arise from the use of such links. 

22. Written communications 

When using our site, you accept that communication with us will be mainly electronic. We will contact you by email 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 condition does not affect your statutory rights. 

23. Law and jurisdiction 

We have the right to revise and amend these Terms at any time. You will be subject to the policies and Terms in force at the time you use this website or order products from us. 

The use of our website and the Contracts for the purchase of products shall be governed by and construed in accordance with the Laws of England.

24. Facebook/Twitter Giveaways 

The prize draw is open to residents of the United Kingdom, aged 18 years or over and with a permanent UK address.

Employees of The Chalk House are not permitted to enter.

To enter, follow the instructions as stated in the prize draw post. No purchase is necessary. 

The closing date and time for entries are as stated in the post and entries received after this time will not be accepted. 

The winner(s) will be picked at random and will be notified in the comments section of the prize draw Facebook and/or as a separate tweet on Twitter, at the time stated on the competition post.

07/10/17 TWITTER/FACEBOOK HALLOWEEN COMPETITION - DCUK ORANGE WELLY DUCKLING

This draw will take place on Tuesday 31/10/17 at 1600 hours and will be announced on Twitter and Facebook.

We will make reasonable efforts to contact the winner(s). If a winner fails to respond to with all requested information, or does not meet the eligibility requirements, this may result in the prize won being forfeited and Heritage House Interiors reserves the right to offer the prize to the next eligible entrant, drawn at random. 

The judge’s decision is final. 

The Chalk House reserve the right to hold void, cancel, suspend, or amend the promotion where it becomes necessary to do so. 

By entering into the prize draw, you are acknowledging acceptance of the rules.

The Chalk House reserves the right to refuse entry, or refuse to award the prize to anyone in breach of these terms and conditions. 

The draw is promoted by: The Chalk House, Fairford, 19 Park Avenue, Dover, Kent. CT16 1ES. 

Personal data supplied during the course of this promotion will be destroyed following fulfilment and delivery of the prize. 

This promotion is in no way sponsored, endorsed, administered by or associated with, Facebook, Twitter or any other Social Network.