Conditions of Use & Sale

Welcome to Chalkys.com. Chalkys .com Limited (“the Company”) provide access to the Chalkys.com website (the "website") and sell our products to you subject to the conditions set out on this page.

Please read these conditions carefully before using the Chalkys.com website. By using the Chalkys .com website, you signify your agreement to be bound by these conditions. In addition, when you use any current or future Chalkys service (eg: MP3 Downloads), you will also be subject to the terms, guidelines and conditions applicable to that service. ("Terms"). If these Conditions of Use & Sale are inconsistent with such Terms, the Terms will control.

Conditions Relating to Your Use of Chalkys .com

1. Your Account

If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.

Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in the Your Account area of the website.

Chalkys .com reserves the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.

2. Privacy

Chalkys takes your privacy very seriously. We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent.  Names and contact information are collected for customer orders and from those wishing to join our mailing list. We will only use the information that we collect about you lawfully and in accordance with the Data Protection Act 1998.

The information we will collect about you is only that supplied by you during the process of ordering from us and is used to process your order and to provide you with the best possible service.

3. Access to Chalkys.com

We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.

4. Licence for website access

The Company grants you a limited licence to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of The Company. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.

You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Chalkys .com and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilising The Company’s name or the website’s name or trademark without the express written consent of The Company. Any unauthorised use terminates the permission or license granted by the Company.

You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page of the website as long as the link does not portray the Company, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Chalkys .com logo or other proprietary graphic or trademark as part of the link without our express written consent.

5. Your conduct

You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.

You understand that you, and not Chalkys .com, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only.

You must not use the website for any of the following:

     for fraudulent purposes, or in connection with a criminal offence or other unlawful activity

     to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam"

     to cause annoyance, inconvenience or needless anxiety

6. Copyright, authors' rights and database rights

All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property the Company, its affiliates or its content suppliers and is protected by Luxembourg and international copyright, authors' rights and database right laws. The compilation of all content on this website is the exclusive property of the Company and its affiliates and is protected by United Kingdom and international copyright and database right laws. All software used on this website is the property of the Company, our affiliates or our software suppliers and is protected by Luxembourg and international copyright and author' rights laws.

You may not systematically extract and/or re-utilise parts of the contents of the website without the Company’s express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without the Company’s express written consent. You also may not create and/or publish your own database that features substantial (eg our prices and product listings) parts of this website without the Company’s express written consent.

7. Intellectual Property Claims

The Company and its affiliates respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please contact us immediately by emailing legal@ Chalkys .com

8. Trademarks

CHALKYS .COM and other marks indicated on our website are trademarks or registered trademarks of the Company. The Company’s graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of the Company. The Company’s trademarks and trade dress may not be used in connection with any product or service that is not the Company’s in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Company. All other trademarks not owned by the Company that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Chalkys .

9. Our contract

When you place an order to purchase a product from Chalkys .com, we will send you an e-mail confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product which is accepted by us when we send e-mail confirmation to you that we've dispatched that product to you (the "Dispatch Confirmation E-mail"). That acceptance will be complete at the time we send the Dispatch Confirmation E-mail to you. Any products on the same order which we have not confirmed in a Dispatch Confirmation E-mail have been dispatched do not form part of that contract.

10. Returns

Please review our Returns Policy , which applies to products purchased from us. In addition to your 30-day returns guarantee, customers in the European Union are entitled to a statutory cooling-off period of seven business days.

11. Pricing and availability

We list availability information for products sold by us on the website, including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, we will inform you by e-mail if any products you order turn out to be unavailable.

Despite our efforts, a small number of the many products in our catalogue may be mispriced. Rest assured, however, that we verify prices as part of our dispatch procedures. If a product's correct price is lower than our stated price, we charge the lower amount and send you the product. If a product's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and notify you of such cancellation.

All prices are inclusive of VAT unless stated otherwise.

12. Customs

When ordering goods from Chalkys .com for delivery overseas you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from Chalkys .com, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods. Your privacy is important to us and we know that you care about how information about your order is used and shared. We would like our international customers and customers dispatching products internationally to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.

Conditions Relating to Both Your Use of Chalkys.com and Sales to You

13. Children

Chalkys .com does not sell products for purchase by children. We sell children's products for purchase by adults. If you are under 18, you may use Chalkys .com only with the involvement of a parent or guardian.

14. Electronic communications

When you visit Chalkys .com or send e-mails to us, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

15. Losses

The Company will be responsible for any losses you suffer as a result of us breaching these conditions if the losses were reasonably foreseeable to both you and us when you commenced using the website, or a contract for the sale of goods by us to you was formed. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website or when a contract for the sale of goods by us to you was formed. Chalkys .com does not limit in any way our liability by law for death or personal injury caused from our negligence or breach of duty or caused by our gross negligence or wilful misconduct.

16. Alteration of Service or Amendments to the Conditions

We reserve the right to make changes to our website, policies, and these Conditions of Use & Sale at any time. You will be subject to the policies and Conditions of Conditions of Use & Sale in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

17. Events beyond our reasonable control

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

18. Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

19. Governing law and jurisdiction