Categories
Terms & Conditions
Welcome to the chunkiemunky.com website terms and conditions
for use. These terms and conditions apply to the use of this Website and by
accessing this Website and/or placing an order you agree to be bound by the
terms and conditions set out below. If you do not agree to be bound by these
terms and conditions you may not use or access this Website.
USE OF WEBSITE
Access
You are provided with access to this Website in accordance with these
Conditions and any orders placed by you must be placed strictly in accordance
with these Conditions.
Registration
You warrant that:
* The Personal Information which you are required to provide
when you register as a customer is true, accurate, current and complete in all
respects; and
* You will notify us immediately of any changes to the
Personal Information by contacting our Customer Care by e-mail, or calling us
on 0844 879 4743.
You agree not to impersonate any other person or entity or to use a false name
or a name that you are not authorised to use.
Privacy Policy
We will treat all your Personal Information as confidential (although we
reserve the right to disclose this information in the circumstances set out
below). We will keep it on a secure server and we will fully comply with all
applicable UK Data Protection and consumer legislation.
When you shop on this Website, we will ask you to input and will collect
Personal Information from you such as your name, e-mail address, billing
address, delivery address, telephone number, product selections, credit card or
other payment information. We may also collect, and our third party providers
of advertisements and content may collect, information about where you are on
the internet (eg the URL you came from, IP address, domain types like .co.uk
and .com), your browser type, the country and telephone area code where your
computer is located, the pages of our website that were viewed during your
visit, the advertisements you clicked on, and any search terms that you entered
on our website ("User Information"). We may collect this information
even if you do not register with us.
You should be aware that this site is being monitored by FastStats software,
and may capture information about your visit that will help us improve the
quality of our service.
We confirm that any Personal Information which you provide to us (or which is
available on public registers) and any User Information from which we can
identify you, is held in accordance with the registration we have with the Data
Commissioner's Office. We use your information only for the following purposes:
* Processing your orders;
* For statistical purposes to improve this Website and its
services to you;
* To serve website content and advertisements to you;
* To administer this website;
* If you consent, to notify you of products or special
offers that may be of interest to you.
You agree that you do not object to us contacting you for any of the above
purposes whether by telephone, e-mail or in writing and you confirm that you do
not and will not consider any of the above as being a breach of any of your
rights under the Telecommunications (Data Protection and Privacy) Regulations
1999.
When you create a shopping account while ordering online you will be given the
option to receive information from chunkiemunky.com by e-mail about products,
promotions or special offers which we feel may be of interest to you. In the
event that you do not wish to be contacted for such purposes, ensure that you
untick the appropriate box as you go through the registration process. You may
unsubscribe from our contact list at any time by replying to a promotional
e-mail with the word "unsubscribe" in the subject line, by clicking
on the unsubscribe link at the bottom of the e-mail or by e-mailing us at sales@chunkiemunky.com
When entering any of our contests or prize draws, you provide your name, email
address and mailing address. If you win, we will send the prize to the address
entered and notify you by email. When you enter a contest or prize draw, you
will be given the option to receive information from chunkiemunky.com by e-mail
about products, promotions or special offers which we feel may be of interest
to you. In the event that you do not wish to be contacted for such purposes,
ensure that you untick the appropriate box as you go through the registration
process. You may unsubscribe from our contact list at any time by replying to a
promotional e-mail with the word "unsubscribe" in the subject line,
by clicking on the unsubscribe link at the bottom of the e-mail or by e-mailing
us at sales@chunkiemunky.com
Your Personal Information may be disclosed to reputable third parties. Chunkiemunky.com
requires all such third parties to treat your personal information as fully
confidential and to fully comply with all applicable UK Data Protection and
consumer legislation from time to time in place.
You should be aware that if we are requested by the police or any other
regulatory or government authority investigating suspected illegal activities
to provide your Personal Information and /or User Information we are entitled
do so.
We use Cookies to keep track of your current shopping session to personalise
your experience and so that you may retrieve your shopping cart at any time -
if you do not accept Cookies you will not be able to use this Website.
In addition, if any external advertisements appear on this site, our third
party advertiser may place or recognise a unique Cookie on your browser but it
will not collect any personally identifiable information about you.
Please check back frequently to see any updates or changes to our privacy
policy.
Chunkiemunky.com is a trading name of T.J.C. Management (
Questions regarding this Policy should be directed to the Registered Office of T.J.C.
Management (East Anglia) Ltd as follows:
T.J.C. Management (East Anglia) Limited
Kings
Norfolk
PE30 1HJ
Indemnity
You agree fully to indemnify, defend and hold us, and our officers, directors,
employees, agents and suppliers, harmless immediately on demand, from and
against all claims, liability, damages, losses, costs and expenses, including
reasonable legal fees, arising out of any breach of the Conditions by you or
any other liabilities arising out of your use of this Website, or the use by
any other person accessing the Website using your shopping account and/or your
Personal Information.
Our Rights
We reserve the right to:
* modify or withdraw, temporarily or permanently, this
Website (or any part thereof) with or without notice to you and you confirm
that we shall not be liable to you or any third party for any modification to
or withdrawal of the Website; and/or
* change the Conditions from time to time, and your
continued use of the Website (or any part thereof) following such change shall
be deemed to be your acceptance of such change. It is your responsibility to
check regularly to determine whether the Conditions have been changed. If you
do not agree to any change to the Conditions then you must immediately stop
using the Website.
Third Party Links
To provide increased value to our Users, we may provide links to other websites
or resources for you to access at your sole discretion. You acknowledge and
agree that, as you have chosen to enter the linked website we are not
responsible for the availability of such external sites or resources, and do
not review or endorse and are not responsible or liable, directly or
indirectly, for (i) the privacy practices of such websites, (ii) the content of
such websites, including (without limitation) any advertising, content,
products, goods or other materials or services on or available from such
websites or resources or (iii) the use to which others make of these websites
or resources, nor for any damage, loss or offence caused or alleged to be
caused by, or in connection with, the use of or reliance on any such
advertising, content, products, goods or other materials or services available
on such external websites or resources.
PURCHASE OF PRODUCTS
Orders
All orders are subject to acceptance in accordance with our Order acceptance
policy.
We will take all reasonable care, in so far as it is in our power to do so, to
keep the details of your order and payment secure, but in the absence of
negligence on our part we cannot be held liable for any loss you may suffer if
a third party procures unauthorised access to any data you provide when
accessing or ordering from the Website.
Click here to find out more about our Returns policy which is incorporated into
these Conditions.
Contract Creation and Electronic Contracting
The technical steps required to create the contract between you and us are as
follows:
* You place the order for your products on the web-site by
pressing the confirm order button at the end of the check-out process. You will
be guided through the process of placing an order by a series of simple
instructions on the web-site.
* We will send to you an order acknowledgement email
detailing the products you have ordered. This is not an order confirmation or
order acceptance from chunkiemunky.com
* Order acceptance and the completion of
the contract between you and us will take place on the despatch to you of the
Products ordered unless we have notified you that we do not accept your order
or you have cancelled it in accordance with the instructions in How to cancel
your order.
Non-acceptance of an order may be a result of one of the following:
* The product you ordered being unavailable from stock.
* Our inability to obtain authorisation for your payment.
* The identification of a pricing or product description
error.
* You not meeting the eligibility to order criteria set out
in the main Terms & Conditions.
The contract will be concluded in English.
The details of your specific contract will not be filed by chunkiemunky.com. If
you do require any information regarding orders you have placed with us please
contact us via sales@chunkiemunky.com
Contract Cancellation
Please note that you are entitled to cancel this contract if you so wish
provided that you exercise your right no longer than eight working days after
the day on which you receive the Products.
If you wish to exercise your right to cancel this contract prior to order
despatch, click on the link and follow the procedure set out in the How do I
change or cancel an order section. If your order has already been despatched
please follow the procedure set out in our Returns policy.
Description of Products
Each Product purchased is sold subject to its Product Description which sets
out additional Specific Conditions related to that Product including, without
limitation, terms and conditions concerning estimated delivery dates and times,
warranties, after-sales service and guarantees.
We will take all reasonable care to ensure that all details, descriptions and
prices of Products appearing on the Website are correct at the time when the
relevant information was entered onto the system. Although we aim to keep the
Website as up to date as possible, the information including Product
Descriptions appearing on this Website at a particular time may not always
reflect the position exactly at the moment you place an order. We cannot
confirm the price of a Product until your order is accepted in accordance with
our Order acceptance policy.
All products listed upon the website are done so as an Invitation to Treat.
We reserve the right to alter specifications without prior notice. All sizes
and weights given as a guide only and are approximate. Representations of
colour are approximate due to the limitations of photographic and calibrations
of different output devices.
Payment
All prices are inclusive of VAT (where applicable) at the current rates and are
correct at the time of entering the information onto the system. The total cost
of your order is the price of the Products ordered plus delivery charges as set
out in the Delivery section of this Website. Payment can be made by any of the
methods specified in the Payment section of this Website and payment will be
debited and cleared from your account as set out in the Payment section of this
Website.
You confirm that the credit, debit or store card that is being used is yours.
All credit/debit cardholders are subject to validation checks and authorisation
by the card issuer. If the issuer of your payment card refuses to or does not,
for any reason, authorise payment to us, we will not be liable for any delay or
non-delivery.
All card payments are processed for you by PROTX and HSBC. The balance is paid
to T.J.C. Management (
Refusal of Transaction
We reserve the right to withdraw any Products from this Website at any time
and/or remove or edit any materials or content on this Website. We may refuse
to process a transaction for any reason or refuse service to anyone at any time
at our sole discretion. We will not be liable to you or any third party by
reason of our withdrawing any Product from this Website whether or not that
Product has been sold; removing or editing any materials or content on the
Website; refusing to process a transaction or unwinding or suspending any
transaction after processing has begun.
To be eligible to purchase Products on this Website and lawfully enter into and
form contracts on this Website under English law you must:
* Register by providing your real name, phone number, e-mail
address, payment details and other requested information.
* Be over 18 years of age.
* Stipulate a delivery address in the
* Possess a valid credit or debit card issued by a bank
acceptable to us.
By making an offer to buy a Product, you specifically authorise us to transmit
information (including any updated information) or to obtain information about
you from third parties from time to time, including but not limited to your
debit or credit card number or credit reports, to authenticate your identity,
to validate your credit card, to obtain an initial credit card authorisation
and to authorise individual purchase transactions.
GENERAL
Intellectual Property & Right of Use
You acknowledge and agree that all copyright, trademarks 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.
You acknowledge and agree that the material and content contained within the
Website is made available for your personal non-commercial use only and that
you may (if necessary to make a Purchase) download such material and content
onto only one computer hard drive for such purpose. Any other use of the
material and content of the Website is strictly prohibited. You agree not to
(and agree not to assist or facilitate any third party to) copy, reproduce,
transmit, publish, display, distribute, commercially exploit or create
derivative works of such material and content.
Compliance with Laws
The Website may be used only for lawful purposes and in a lawful manner. You
agree to comply with all applicable laws, statutes and regulations regarding
the Website and any transactions conducted on or through the Website.
Limitation of Liability
While we will use reasonable endeavours to verify the accuracy of any
information we place on the Website, we make no warranties, whether express or
implied in relation to its accuracy.
chunkiemunky.com can not be held liable for any errors, omissions or for any
action that might be taken as a consequence of following the advice on this
website. Every effort has been made to make this website reflect the most
up-to-date medical advice available. Because developments can be very rapid,
significant changes will always be notified to doctors and other health
professionals at once. We would strongly advise you to seek individual medical
advice from your GP, practice nurse or health visitor who can give you
up-to-date information.
The Website is provided on an "as is" and "as available"
basis without any representation or endorsement made and we make no warranties
of any kind, whether express or implied, in relation to the Website, or any
transaction that may be conducted on or through the Website including but not
limited to, implied warranties of non-infringement, compatibility, security,
accuracy, conditions of completeness, or any implied warranty arising from
course of dealing or usage or trade.
We make no warranty that the Website will meet your requirements or will be
uninterrupted, timely or error-free, that defects will be corrected, or that
the site or the server that makes it available are free of viruses or bugs or
represents the full functionality, accuracy, reliability of the Website. We
will not be responsible or liable to you for any loss of content or material
uploaded or transmitted through the Website.
To the fullest extent permissible under applicable law, we disclaim any and all
warranties of any kind, whether express or implied, in relation to the
Products.
This does not affect your statutory rights as a consumer, nor does it affect
your Contract Cancellation Rights.
We will not be liable, in contract, tort (including, without limitation,
negligence), pre-contract or other representations (other than fraudulent or
negligent misrepresentations) or otherwise out of or in connection with the
Conditions for:
* any economic losses (including without limitation loss of
revenues, profits, contracts, business or anticipated savings); or
* any loss of goodwill or reputation; or
* any special or indirect losses,
suffered or incurred by that party arising out of or in connection with the
provisions of any matter under the Conditions.
Nothing in the Conditions shall exclude or limit our liability for death or
personal injury resulting from our negligence or that of our servants, agents
or employees.
Severance
If any part of the Conditions shall be deemed unlawful, void or for any reason
unenforceable, then that provision shall be deemed to be severable from the
Conditions and shall not affect the validity and enforceability of any of the
remaining provisions of the Conditions.
Waiver
No waiver by us shall be construed as a waiver of any proceeding or succeeding
breach of any provision.
Survival
Each provision of the Conditions shall be construed as separately applying and
surviving even if for any reason one or other of those provisions is held to be
inapplicable or unenforceable in any circumstances.
Entire Agreement
These Conditions govern our relationship with you. Any changes to these
Conditions must be in writing and signed by both parties. In this way, we can
avoid any problems surrounding what chunkiemunky.com and you are expected to
do.
You confirm that, in agreeing to accept the Conditions, you have not relied on
any representation save insofar as the same has expressly been made a term of
these Conditions and you agree that you shall have no remedy in respect of any
representation. Your Statutory Rights are not affected by these terms and
conditions.
Nothing in this Clause shall limit or exclude our liability in respect of any
fraudulent or negligent misrepresentation whether or not such has become a term
of the Conditions.
Law
The Conditions shall be governed by and construed in accordance with the laws
of
Contact Us
Contact details for chunkiemunky.com are set out in the Contact us section of
our Website.
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