WEBSITE TERMS AND
CONDITIONS
We will always send orders in
good faith and by the best means possible. We will send
orders all over the world but can not be held
responsible if your countries postal service do not
deliver your order or customs destroy contents of orders
we post, we can not refund money you have paid. We can
not trace orders once they leave the UK, in the event of
a customer not receiving an order we will send you proof
of postage for you to claim from your postal service.
Welcome to the the chilli seed company’s website terms and
conditions for use. These terms and conditions apply to
the use of this website at www.chileseeds.co.uk. By
accessing this website and/or placing an order, you
agree to be bound by these terms and conditions.
Using this website indicates that you accept these terms
regardless of whether or not you choose to register with
us or order from us. If you do not accept these terms,
do not use this website.
The www.chileseeds.co.uk website is operated by:
Gerald Fowler trading as The Chilli Pepper Company.
We are registered for VAT.
VAT Registration Number 907 8844 85
Our contact details are as follows:
Trading address:
Stoney Bridge,
Cark-in-Cartmel,
Cumbria,
United Kingdom,
LA11 7PE
General email: enquiries@chileseeds.co.uk
Telephone number: 015395 58110
Fax number 015395 59100
1. INTRODUCTION
1.1 You will be able to access most areas of this Website without
registering your details with us. Certain areas of this Website are only
open to you if you register.
1.2 We may revise these terms and conditions at any time by updating
this posting. You should check this Website from time to time to review the
then current terms and conditions, because they are binding on you. Certain
provisions of these terms and conditions may be superseded by expressly
designated legal notices or terms located on particular pages of this
Website. If you do not wish to accept any new terms and conditions after we
have given notice, you should not continue to use this Website.
2. ORDERING FROM US
2.1 You are deemed to place an order with us by ordering via our
online checkout process. As part of our checkout process you will be given
the opportunity to check your order and to correct any errors. We will send
you an order acknowledgement, detailing the products you have ordered.
2.2 Our acceptance of an order takes place when we despatch the
order. When we despatch the order the purchase contract will be made even
if your payment has been processed immediately, unless we have notified you
that we do not accept your order or you have cancelled your order.
2.3 we may refuse to accept an order:
(a) where goods are not available;
(b) where we cannot obtain authorisation for your payment;
(c) if there has been a pricing or product description error; or
(d) if you do not meet any eligibility criteria set out in our terms
and conditions.
(e) your countries customs
do not allow us to send a product
3. PRICING
3.1 Our prices do include VAT
where applicable.
3.2 Where we charge separately for packing, carriage and insurance
and other relevant charges, the appropriate rates are set out in our
specified pricing structure shown elsewhere on this Website.
3.3 Our prices are reviewed periodically and the next review will be
on 01/06/2008.
4. CANCELLATION AND RETURNS POLICY
4.1 If you wish to cancel your order:
(a) you can notify us by email to enquiries@chileseeds.co.uk
before we have dispatched the goods to you; or
(b) where goods have already been dispatched to you,
by returning goods to us in accordance with clause 4.2
below.
4.2
You can return goods you have ordered from us for any
reason at any time within 14 days of receipt for a full
refund or exchange. The costs of returning goods to us
shall be borne by you.
4.3
Upon receipt of the goods we will give you a full refund
of the amount paid or an exchange credit as required.
5. LICENCE
5.1 You are permitted to print and download extracts from this
Website for your own use on the following basis:
(a) no documents or related graphics on this Website are modified in
any way;
(b) no graphics on this Website are used separately from accompanying
text; and
(c) any of our
copyright and trade mark notices and this permission
notice appear in all copies.
(d) seeds
purchased are for your own use and not for resale unless
authorised by The Chilli Pepper Company.
5.2 Unless otherwise stated, the copyright and other intellectual
property rights in all material on this Website (including without
limitation photographs and graphical images) are owned by us or our
licensors. For the purposes of these terms and conditions, any use of
extracts from this Website other than in accordance with clause 5.1 above
for any purpose is prohibited. If you breach any of the terms in these terms
and conditions, your permission to use this Website automatically terminates
and you must immediately destroy any downloaded or printed extracts from
this Website.
5.3 Subject to clause 5.1, no part of this Website may be reproduced
or stored in any other website or included in any public or private
electronic retrieval system or service without our prior written
permission.
5.4 Any rights not expressly granted in these terms are reserved.
6. SERVICE ACCESS
6.1 While we endeavour to ensure that this Website is normally
available 24 hours a day, we will not be liable if for any reason this
Website is unavailable at any time or for any period.
6.2 Access to this Website may be suspended temporarily and without
notice in the case of system failure, maintenance or repair or for reasons
beyond our control.
7. VISITOR MATERIAL AND CONDUCT
7.1 Other than personally identifiable information, which is covered
under the Privacy Policy,
any material you transmit or post to this Website will be considered
non-confidential and non-proprietary. We will have no obligations with
respect to such material. We and our nominees will be free to copy,
disclose, distribute, incorporate and otherwise use such material and all
data, images, sounds, text and other things embodied therein for any and all
commercial or non-commercial purposes.
7.2 You are prohibited from posting or transmitting to or from this
Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious,
offensive, pornographic, abusive, liable to incite racial hatred,
discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach
of confidence, in breach of privacy or which may cause annoyance or
inconvenience;
(b) for which you have not obtained all necessary licences and/or
approvals;
(c) which constitutes or encourages conduct that would be considered
a criminal offence, give rise to civil liability, or otherwise be contrary
to the law of or infringe the rights of any third party, in the UK or any
other country in the world; or
(d) which is technically harmful (including, without limitation,
computer viruses, logic bombs, Trojan horses, worms, harmful components,
corrupted data or other malicious software or harmful data).
7.3 You may not misuse the Website (including, without limitation, by
hacking).
7.4 We will fully co-operate with any law enforcement authorities or
court order requesting or directing us to disclose the identity or locate
anyone posting any material in breach of clauses 7.2 or 7.3.
8. LINKS TO AND FROM OTHER WEBSITES
8.1 Links to third party websites on this Website are provided solely
for your convenience. If you use these links, you leave this Website. We
have not reviewed all of these third party websites and do not control and
are not responsible for these websites or their content or availability. We
therefore do not endorse or make any representations about them, or any
material found there, or any results that may be obtained from using them.
If you decide to access any of the third party websites linked to this
Website, you do so entirely at your own risk.
8.2 If you would like to link to this Website, you may only do so on
the basis that you link to, but do not replicate, the home page of this
Website, and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or
appearance of the The Chilli Company logo;
(b) you do not create a frame or any other browser or border
environment around this Website;
(c) you do not in any way imply that we are endorsing any products or
services other than our own;
(d) you do not misrepresent your relationship with us nor present
any other false information about us;
(e) you do not otherwise use any The Chilli
Pepper Company trade marks
displayed on this Website without our express written permission;
(f) you do not link from a website that is not owned by you; and
(g) your website does not contain content that is distasteful,
offensive or controversial, infringes any intellectual property rights or
other rights of any other person or otherwise does not comply with all
applicable laws and regulations.
We expressly reserve the right to revoke the right granted in this clause
8.2 for breach of these terms and to take any action we deem appropriate.
8.3 You shall fully indemnify us for any loss or damage we or any of
our group companies may suffer or incur as a result of your breach of clause
8.2.
9. REGISTRATION
9.1 To register with www.chileseeds.co.uk you must be over eighteen
years of age.
9.2 Each registration is for a single user only. We do not permit you
to share your user name and password with any other person nor with multiple
users on a network.
9.3 Responsibility for the security of any passwords issued rests
with you and if you know or suspect that someone else knows your password,
you should contact us immediately.
9.4 We may suspend or cancel your registration immediately at our
reasonable discretion or if you breach any of your obligations under these
terms and conditions.
10. DISCLAIMER
10.1 While we endeavour to ensure that the information on this Website
is correct, we do not warrant the accuracy and completeness of the material
on this Website. We may make changes to the material on this Website, or to
the products and prices described in it, at any time without notice. The
material on this Website may be out of date, and we make no commitment to
update such material.
11. LIABILITY
11.1 We, any other party (whether or not involved in creating,
producing, maintaining or delivering this Website), and any of our group
companies and the officers, directors, employees, shareholders or agents of
any of them, exclude all liability and responsibility for any amount or kind
of loss or damage that may result to you or a third party (including without
limitation, any direct, indirect, punitive or consequential loss or damages,
or any loss of income, profits, goodwill, data, contracts, use of money, or
loss or damages arising from or connected in any way to business
interruption, and whether in tort (including without limitation negligence),
contract or otherwise) in connection with this Website in any way or in
connection with the use, inability to use or the results of use of this
Website, any websites linked to this Website or the material on such
websites, including but not limited to loss or damage due to viruses that
may infect your computer equipment, software, data or other property on
account of your access to, use of, or browsing this Website or your
downloading of any material from this Website or any websites linked to this
Website.
11.2 Nothing in these terms and conditions shall exclude or limit our
liability for (i) death or personal injury caused by negligence (as such
term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii)
misrepresentation as to a fundamental matter; or (iv) any liability which
cannot be excluded or limited under applicable law.
11.3 If your use of material on this Website results in the need for
servicing, repair or correction of equipment, software or data, you assume
all costs thereof.
11.4 You agree to indemnify us fully, defend and hold us, and our
officers, directors, employees and agents, harmless from and against all
claims, liability, damages, losses, costs (including reasonable legal fees)
arising out of any breach of the terms and conditions by you, or your use of
this Website, or the use by any other person using your registration
details.
12. GOVERNING LAW AND JURISDICTION
12.1 These terms and conditions shall be governed by and construed in
accordance with English law. Disputes arising in connection with these terms
and conditions shall be subject to the exclusive jurisdiction of the English
courts.
12.2 We do not warrant that materials/items for sale on the Website are
appropriate or available for use outside the United Kingdom. It is
prohibited to access the Website from territories where its contents are
illegal or unlawful. If you access this Website from locations outside the
United Kingdom, you do so at your own risk and you are responsible for
compliance with local laws.
13. MISCELLANEOUS
13.1 You may not assign, sub-license or otherwise transfer any of your
rights under these terms and conditions
13.2 If any provision of these terms and conditions is found by any
court of competent jurisdiction to be invalid, the invalidity of that
provision will not affect the validity of the remaining provisions which
shall continue to have full force and effect.
13.3 Only the parties to these terms and conditions may seek to enforce
them under the Contracts (Rights of Third Parties) Act 1999.
Seeds purchased without the necessary
documentation will be
sent at your risk, there will be no comeback if the seeds
are confiscated by customs.
We will always send orders in
good faith and by the best means possible. We will send
orders all over the world but can not be held
responsible if your countries postal service do not
deliver your order or customs destroy contents of orders
we post, we can not refund money you have paid. We can
not trace orders once they leave the UK, in the event of
a customer not receiving an order we will send you proof
of postage for you to claim from your postal service.
PLEASE NOTE Cost cannot be
refunded once payment has been received.
***Outside
the EU -- Can we post to your country?***
CONTACT
All comments, queries and requests relating to our
use of your information are welcomed and should be addressed to Gerald
Fowler at enquiries@chileseeds.co.uk.
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