This page (together with the
documents referred to on it)
tells you the terms and conditions
on which we supply any of the
CDs listed on our website at
www.chalkys.com to you.
Please read these terms and
conditions carefully before
ordering any CDs from our
site. You should understand
that by ordering any of our
CDs, you agree to be bound
by these terms and conditions
and you should print a copy
of these terms and conditions
for your future reference.
Please understand that if
you refuse to accept these
terms and conditions, you
will not be able to order
any CDs from our site.
1.
Information About Us
www.chalkys.com is a site operated
by Chalky's which is the trading
name of Belushi Ltd, a company
registered in England and Wales
under company with its registered
office at Chalky's (Belushi
Ltd T/A), 78 High Street, Banbury,
Oxon, OX16 5JG, which is our
main trading address.
2.
Your Status
By placing an order through
our site, you warrant that:
(a) You are legally capable
of entering into binding contracts;
and
(b) Where CDs contain adult
material, you are at least
18 years old
3.
How the Contract is Formed
between Us
3.1. After placing an order,
you will receive an e-mail
from us acknowledging that
we have received your order.
Please note that this does
not mean that your order has
been accepted. Your order
constitutes an offer to us
to buy a CD. All orders are
subject to acceptance by us,
and we will confirm such acceptance
to you by sending you an e-mail
that confirms that the CD
has been dispatched (“the
Dispatch Confirmation”).
The contract between us (“the
Contract”) will only
be formed when we send you
the Dispatch Confirmation.
3.2. The Contract will relate
only to those CDs whose dispatch
we have confirmed in the Dispatch
Confirmation. We will not
be obliged to supply any other
CDs which may have been part
of your order until the dispatch
of such CDs has been confirmed
in a separate Dispatch Confirmation.
4.
Third Party Links
4.1. We may provide links
on our site to the websites
of other companies, whether
affiliated with us or not.
We cannot give any undertaking,
that products you purchase
from third party sellers through
our site, or from companies
to whose website we have provided
a link on our site, will be
of satisfactory quality, and
any such warranties are DISCLAIMED
by us absolutely. This DISCLAIMER
does not affect your statutory
rights against the third party
seller. We will notify you
when a third party is involved
in a transaction, and we may
disclose your customer information
related to that transaction
to the third party seller.
5.
Consumer Rights
5.1. If you are contracting
as a consumer, you may cancel
a Contract at any time within
14 working days, beginning
the day after you receive
the CDs.
5.2. In this case you will
receive a full refund of the
price paid for the CDs in
accordance with our refunds
policy.
5.3. To cancel a Contract
you must inform us in writing.
You must also return the CDs
to us immediately, in the
same condition in which you
received them, and at your
own cost and risk.
5.4. You have a legal obligation
to take reasonable care of
the CDs whilst they are in
your possession and if you
fail to comply with this obligation,
we may have a right of action
of you for compensation.
5.5. You will not have any
right to cancel a Contract
for the supply of any of the
CDs if the tamper-proof seal
on them has been broken.
5.6. Neither this provision
nor any other provision of
the Contract will otherwise
affect your statutory rights
in relation to the CDs subject
to your understanding that
any CDs you order from us
will be pre-played CDs although
we warrant that they will
be in perfect playing condition.
Please see our Returns Policy
for imperfect CDs.
6.
Availability and Delivery
Your order will be fulfilled
by the delivery date set out
in the Dispatch Confirmation
or, if no delivery date is
specified, then within a reasonable
time of the date of the Dispatch
Confirmation, unless there
are exceptional circumstances.
7.
Risk and Title
7.1. The CDs will be at your
risk from the time of delivery
but ownership of the CDs will
only pass to you when we receive
full payment of all sums due
in respect of the CDs, including
delivery charges.
8.
Price and Payment
8.1. The price of any CDs
will be as quoted on our site
from time to time, except
in cases of obvious error.
8.2. These prices include
VAT but exclude delivery costs,
which are detailed on the
website.
8.3. Prices are liable to
change at any time, but changes
will not affect orders in
respect of which we have already
sent you a Dispatch Confirmation.
8.4. Our site contains a
large number of CDs and it
is always possible that, despite
our best efforts, some of
the CDs listed on our site
may be incorrectly priced.
We will normally verify prices
as part of our dispatch procedures
so that, where a CD's correct
price is less than our stated
price, we will charge the
lower amount when dispatching
the CD to you. If a CD´s
correct price is higher than
the price stated on our site,
we will normally, at our discretion,
either contact you for instructions
before dispatching the CD,
or reject your order and notify
you of such rejection.
8.5. We are under no obligation
to provide the CD to you at
the incorrect (lower) price,
even after we have sent you
a Dispatch Confirmation, if
the pricing error is obvious
and unmistakeable and could
have reasonably been recognised
by you as a mis-pricing.
8.6. Payment for all CDs
must be by credit or debit
card. We accept payment with
most major types of credit
card except American Express
at this time. We will not
charge your credit or debit
card until we despatch your
order.
9.
Our Refunds Policy
9.1. When you return a CD
to us because you have cancelled
the Contract between us within
the 14 day cooling off period,
we will process the refund
due to you as soon as possible
and, in any case, within 14
days of the day you have given
notice of your cancellation
(subject always to us having
received the CD back from
you). In this case, we will
refund the price of the CD
in full, including the cost
of sending the CD to you.
However, you will be responsible
for the cost of returning
the item to us.
9.2. When you return a CD
to us because you claim that
the CD is defective, we will
examine the returned CD with
our state of the art equipment
and will notify you of your
refund via e-mail within a
reasonable period of time.
9.3. When you return a CD
to us because you claim that
the CD has been damaged in
transit, you should also return
the packaging in which it
was delivered, together with
any notification of damage
which you may have received
from the postal service who
delivered it. We will examine
the CD to assure ourselves
that we believe the damage
which it may have sustained
is consistent with the sort
of damage which could occur
during transit, and will notify
you of your refund by e-mail
within a reasonable period
of time.
9.4. If we agree that the
CD is defective, under Condition
9.2 or 9.3, we will usually
process the refund due to
you as soon as possible and,
in any case, within 14 days
of the day we confirmed to
you via e-mail that you are
entitled to a refund for the
defective CD.
9.5. CDs returned by you
because of an agreed defect
will be refunded in full,
including a refund of any
delivery charges for sending
the item to you and the cost
incurred by you in returning
the item to us (if made known
to us).
9.6. If we do not agree that
the CD is defective, we will
nevertheless provide you with
a refund but will retain from
that refund a charge to cover
the time and expense of examining
the CD and of communicating
our findings with you and
providing you with the refund.
9.7. In both cases, any refunds
to you will usually be made
using the same method originally
used by you to pay for your
purchase.
10.
Our Liability
10.1. We warrant to you that
any CD purchased from us through
our site is of satisfactory
quality and reasonably fit
for all the purposes for which
products of the kind are commonly
supplied.
10.2. Our liability for losses
you suffer as a result of
us breaking this agreement
is strictly limited to the
purchase price of the CD you
purchased and any losses which
are a foreseeable consequence
of us breaking the agreement.
Losses are foreseeable where
they could be contemplated
by you and us at the time
your order is accepted by
us.
10.3. This does not include
or limit in any way our liability:
(a) For death or personal
injury caused by our negligence;
(b) Under section 2(3) of
the Consumer Protection Act
1987;
(c) For fraud or fraudulent
misrepresentation; or
(d) For any matter for which
it would be illegal for us
to exclude, or attempt to
exclude, our liability.
10.4. We are not responsible
for indirect losses which
happen as a side effect of
the main loss or damage and
which are not foreseeable
by you and us (such as loss
of income or revenue, loss
of business, loss of profits
or contracts, loss of anticipated
savings, loss of data, waste
of management or office time)
however arising and whether
caused by tort (including
negligence), breach of contract
or otherwise, even if foreseeable.
11.
Written Communications
Applicable laws require that
some of the information or
communications we send to
you should be in writing.
When using our site, you accept
that communication with us
will be mainly electronic.
We will contact you by e-mail
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.
12.
Notices
All notices given by you to
us must be given to Customer
Services at shop@chalkys.com
or at the address set out
in Condition 1. We may give
notice to you at either the
e-mail or postal address you
provide to us when placing
an order, or in any of the
ways specified in this Condition
12. Notice will be deemed
received and properly served
immediately when posted on
our website, 24 hours after
an e-mail is sent, or three
days after the date of posting
of any letter. In proving
the service of any notice,
it will be sufficient to prove,
in the case of a letter, that
such letter was properly addressed,
stamped and placed in the
post and, in the case of an
e-mail, that such e-mail was
sent to the specified e-mail
address of the addressee.
13.
Transfer of Rights and Obligations
13.1. The contract between
you and us is binding on you
and us and on our respective
successors and assigns.
13.2. You may not transfer,
assign, charge or otherwise
dispose of a Contract, or
any of your rights or obligations
arising under it, without
our prior written consent.
13.3. We may transfer, assign,
charge, sub-contract or otherwise
dispose of a Contract, or
any of our rights or obligations
arising under it, at any time
during the term of the Contract.
14.
Events Outside our Control
14.1. 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 (“a Force Majeure
Event”).
14.2. A Force Majeure Event
includes any act, event, non-happening,
omission or accident beyond
our reasonable control and
includes in particular (without
limitation) the following:
(a) Strikes, lock-outs or
other industrial action.
(b) Civil commotion, riot,
invasion, terrorist attack
or threat of terrorist attack,
war (whether declared or not)
or threat or preparation for
war.
(c) Fire, explosion, storm,
flood, earthquake, subsidence,
epidemic or other natural
disaster.
(d) Impossibility of the use
of railways, shipping, aircraft,
motor transport or other means
of public or private transport.
(e) Impossibility of the use
of public or private telecommunications
networks.
(f) The acts, decrees, legislation,
regulations or restrictions
of any government.
14.3. Our performance under
any Contract is deemed to
be suspended for the period
that the Force Majeure Event
continues, and we will have
an extension of time for performance
for the duration of that period.
We will use our reasonable
endeavours to bring the Force
Majeure Event to a close or
to find a solution by which
our obligations under the
Contract may be performed
despite the Force Majeure
Event.
15.
Waiver
15.1. If we fail, at any time
during the term of a Contract,
to insist upon strict performance
of any of your obligations
under the Contract or any
of these terms and conditions,
or if we fail to exercise
any of the rights or remedies
to which we are entitled under
the Contract, this shall not
constitute a waiver of such
rights or remedies and shall
not relieve you from compliance
with such obligations.
15.2. A waiver by us of any
default shall not constitute
a waiver of any subsequent
default.
15.3. No waiver by us of
any of these terms and conditions
shall be effective unless
it is expressly stated to
be a waiver and is communicated
to you in writing in accordance
with Condition 12 above.
16.
Severability
If any of these terms and
conditions or any provisions
of a Contract are determined
by any competent authority
to be invalid, unlawful or
unenforceable to any extent,
such term, condition or provision
will to that extent be severed
from the remaining terms,
conditions and provisions
which will continue to be
valid to the fullest extent
permitted by law.
17.
Entire Agreement
17.1. These terms and conditions
and any document expressly
referred to in them represent
the entire agreement between
us in relation to the subject
matter of any Contract and
supersede any prior agreement,
understanding or arrangement
between us, whether oral or
in writing.
17.2. We each acknowledge
that, in entering into a Contract,
neither of us has relied on
any representation, undertaking
or promise given by the other
or be implied from anything
said or written in negotiations
between us prior to such Contract
except as expressly stated
in these terms and conditions.
17.3. We intend to rely upon
these terms and conditions
and any document expressly
referred to in them in relation
to the subject matter of any
Contract. While we accept
responsibility for statements
and representations made by
our duly authorised agents,
please make sure you ask for
any variations from these
terms and conditions to be
confirmed in writing.
18.
Our Right to Vary these Terms
and Conditions
18.1. We have the right to
revise and amend these terms
and conditions from time to
time to reflect changes in
market conditions affecting
our business, changes in technology,
changes in payment methods,
changes in relevant laws and
regulatory requirements and
changes in our system's capabilities.
18.2. You will be subject
to the policies and terms
and conditions in force at
the time that you order products
from us, unless any change
to those policies or these
terms and conditions is required
to be made by law or governmental
authority (in which case it
will apply to orders previously
placed by you), or if we notify
you of the change to those
policies or these terms and
conditions before we send
you the Dispatch Confirmation
(in which case we have the
right to assume that you have
accepted the change to the
terms and conditions, unless
you notify us to the contrary
within seven working days
of receipt by you of the CDs).
19. Law and Jurisdiction
Contracts for the purchase
of CDs through our site will
be governed by English law.
Any dispute arising from,
or related to, such Contracts
shall be subject to the non-exclusive
jurisdiction of the courts
of England and Wales.
