Terms and Conditions
1 In General
Access to and use of this Website and the products and services available
through this Website (collectively, the "Services") are subject to the following
terms, conditions and notices (the "Terms of Service"). By using the Services,
you are agreeing to all of the Terms of Service, as may be updated by us from
time to time. You should check this page regularly to take notice of any changes
we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the
right to withdraw or amend the Services without notice. We will not be liable if
for any reason this Website is unavailable at any time or for any period. From
time to time, we may restrict access to some parts or all of this Website.
This Website also contains links to other websites, which are not operated by
Creamy Chic (the "Linked Sites"). Creamy Chic has no control over the Linked Sites and accepts
no responsibility for them or for any loss or damage that may arise from your
use of them. Your use of the Linked Sites will be subject to the terms of use
and service contained within each such site.
2 Privacy Policy
Our privacy policy, which sets out how we will use your information, can be
found at Privacy
Policy. By using this Website, you consent to the processing described
therein and warrant that all data provided by you is accurate.
3 Prohibitions
You must not misuse this Website. You will not: commit or encourage a
criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or
any other material which is malicious, technologically harmful, in breach of
confidence or in any way offensive or obscene; hack into any aspect of the
Service; corrupt data; cause annoyance to other users; infringe upon the rights
of any other person's proprietary rights; send any unsolicited advertising or
promotional material, commonly referred to as "spam"; or attempt to affect the
performance or functionality of any computer facilities of or accessed through
this Website. Breaching this provision would constitute a criminal offence under
the Computer Misuse Act 1990. Creamy Chic will report any such breach to the relevant
law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed
denial-of-service attack, viruses or other technologically harmful material that
may infect your computer equipment, computer programs, data or other proprietary
material due to your use of this Website or to your downloading of any material
posted on it, or on any website linked to it.
4 Intellectual Property, Software and Content
The intellectual property rights in all software and content made available
to you on or through this Website remains the property of Creamy Chic or its licensors
and are protected by copyright laws and treaties around the world. All such
rights are reserved by Creamy Chic and its licensors. You may store, print and display
the content supplied solely for your own personal use. You are not permitted to
publish, manipulate, distribute or otherwise reproduce, in any format, any of
the content or copies of the content supplied to you or which appears on this
Website nor may you use any such content in connection with any business or
commercial enterprise.
You shall not modify, translate, reverse engineer, decompile, disassemble or
create derivative works based on any software or accompanying documentation
supplied by Creamy Chic or its licensors. creamychic.comTM are trade marks belonging to Creamy Chic. No licence or consent
is granted to you to use these marks in any way, and you agree not to use these
marks or any marks which are colourably similar without the written permission
of Creamy Chic.
5 Terms of Sale
By placing an order you are offering to purchase a product on and subject to
the following terms and conditions. All orders are subject to availability and
confirmation of the order price.
Dispatch times may vary according to availability and any guarantees or
representations made as to delivery times are limited to mainland UK and subject
to any delays resulting from postal delays or force majeure for which we will
not be responsible. Please see our Delivery
Charges notice for further information.
In order to contract with Creamy Chic you must be over 18 years of age and possess a
valid credit or debit card issued by a bank acceptable to us. Creamy Chic retains the
right to refuse any request made by you. If your order is accepted we will
inform you by email and we will confirm the identity of the party which you have
contracted with. This will usually be Creamy Chic or may in some cases be a third
party. Where a contract is made with a third party Creamy Chic is not acting as either
agent or principal and the contract is made between yourself and that third
party and will be subject to the terms of sale which they supply you. When
placing an order you undertake that all details you provide to us are true and
accurate, that you are an authorised user of the credit or debit card used to
place your order and that there are sufficient funds to cover the cost of the
goods. The cost of foreign products and services may fluctuate. All prices
advertised are subject to such changes.
(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail
confirming receipt of your order: this email will only be an acknowledgement and
will not constitute acceptance of your order. A contract between us will not be
formed until we send you confirmation by e-mail that the goods which you ordered
have been dispatched to you. Only those goods listed in the confirmation e-mail
sent at the time of dispatch will be included in the contract formed.
(b)
Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which
appear on this Website are accurate, errors may occur. If we discover an error
in the price of any goods which you have ordered we will inform you of this as
soon as possible and give you the option of reconfirming your order at the
correct price or cancelling it. If we are unable to contact you we will treat
the order as cancelled. If you cancel and you have already paid for the goods,
you will receive a full refund.
All prices are inclusive of VAT. Delivery costs will be charged in addition;
such additional charges are clearly displayed where applicable and included in
the 'Total Cost'.
(c) Payment
Upon receiving your order we carry out a standard pre-authorisation check on
your payment card to ensure there are sufficient funds to fulfil the
transaction. Goods will not be dispatched until this pre-authorisation check has
been completed. Your card will be debited once the order has been accepted.
(d) Discount Codes
(i) Account discount codes - Discount codes may from time to time be offered
to account holders; such codes may only be applied to purchases made through the
account in respect of which the discount code was offered and registered.
(ii) Promotional discount codes - We may from time to time offer promotional
discount codes which may apply in respect of any, or certain specified,
purchases made though this Website.
The conditions of use relating to any discount code will be specified at the
time of issue.
6 Disclaimer of Liability
The material displayed on this Website is provided without any guarantees,
conditions or warranties as to its accuracy. Unless expressly stated to the
contrary to the fullest extent permitted by law Creamy Chic and its suppliers, content
providers and advertisers hereby expressly exclude all conditions, warranties
and other terms which might otherwise be implied by statute, common law or the
law of equity and shall not be liable for any damages whatsoever, including but
without limitation to any direct, indirect, special, consequential, punitive or
incidental damages, or damages for loss of use, profits, data or other
intangibles, damage to goodwill or reputation, or the cost of procurement of
substitute goods and services, arising out of or related to the use, inability
to use, performance or failures of this Website or the Linked Sites and any
materials posted thereon, irrespective of whether such damages were foreseeable
or arise in contract, tort, equity, restitution, by statute, at common law or
otherwise. This does not affect Creamy Chic's liability for death or personal injury
arising from its negligence, nor for fraudulent misrepresentation,
misrepresentation as to a fundamental matter or any other liability which cannot
be excluded or limited under applicable law.
7 Linking to this Website
You may link to our home page, provided you do so in a way that is fair and
legal and does not damage our reputation or take advantage of it, but you must
not establish a link in such a way as to suggest any form of association,
approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
This Website must not be framed on any other site, nor may you create a link
to any part of this Website other than the home page. We reserve the right to
withdraw linking permission without notice.
8 Disclaimer as to ownership of trade marks, images of personalities and
third party copyright
Except where expressly stated to the contrary all persons (including their
names and images), third party trade marks and images of third party products,
services and/or locations featured on this Website are in no way associated,
linked or affiliated with Creamy Chic and you should not rely on the existence of such
a connection or affiliation. Any trade marks/names featured on this Website are
owned by the respective trade mark owners. Where a trade mark or brand name is
referred to it is used solely to describe or identify the products and services
and is in no way an assertion that such products or services are endorsed by or
connected to Creamy Chic.
9 Indemnity
You agree to indemnify, defend and hold harmless Creamy Chic, its directors,
officers, employees, consultants, agents, and affiliates, from any and all third
party claims, liability, damages and/or costs (including, but not limited to,
legal fees) arising from your use this Website or your breach of the Terms of
Service.
10 Variation
Creamy Chic shall have the right in its absolute discretion at any time and without
notice to amend, remove or vary the Services and/or any page of this Website.
11 Invalidity
If any part of the Terms of Service is unenforceable (including any provision
in which we exclude our liability to you) the enforceability of any other part
of the Terms of Service will not be affected all other clauses remaining in full
force and effect. So far as possible where any clause/sub-clause or part of a
clause/sub-clause can be severed to render the remaining part valid, the clause
shall be interpreted accordingly. Alternatively, you agree that the clause shall
be rectified and interpreted in such a way that closely resembles the original
meaning of the clause /sub-clause as is permitted by law.
12 Complaints
We operate a complaints handling procedure which we will use to try to
resolve disputes when they first arise, please let us know if you have any
complaints or comments.
13 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.
14 Governing Law and Jurisdiction
These terms and conditions are to be construed in accordance with the laws of
England and in the event of any dispute or claim associated with these terms and
conditions, that dispute or claim shall be subject to the exclusive jurisdiction
of the English courts.
15 Entire Agreement
The above Terms of Service constitute the entire agreement of the parties and
supersede any and all preceding and contemporaneous agreements between you and
Creamy Chic. Any waiver of any provision of the Terms of Service will be effective only
if in writing and signed by a Director of Creamy Chic.
16 Ethical Sourcing Policy
As a reputable and trusted business committed to offering its customers high
quality products, Creamy Chic recognizes its obligation to ensure that suppliers are
operating ethically.
We expect our suppliers to consistently provide an environment which protects
their employees' health and safety and basic human rights.
All suppliers are expected to comply with their national employment laws and
regulations with particular regard to:
- Minimum age of employment
- Freely chosen employment
- Health and safety
- Freedom of association and the right to collective bargaining
- No discrimination
- No harsh or inhumane treatment
- Working hours
- Rates of pay
- Terms of employment
Creamy Chic will never knowingly source stock from countries which are in breach of
the above principles. We also look to our suppliers to instil these principles
when dealing with their own supplier base.
Because of the sometimes complex nature of our suppliers' supply chain, it is
not always possible to monitor and control the conditions of each individual
involved in the production of our products. However, as Creamy Chic continues to grow
it recognises the importance of being proactive and doing everything within its
power to support the rights of those involved in the manufacture of its goods. |