Terms & Conditions
This document (together with any documents referred to in it) tells you the terms and conditions upon which we sell and supply the
1.3.By ordering any of the
listed on this Website, you agree to be legally bound by these Conditions. You will be unable to proceed with your purchase if you do not accept these terms and conditions as may be modified or amended and posted on this Website from time to time.
1.4.We reserve the right to revise and amend the Website, our disclaimers and the Conditions at any time without notice to you. Your continued use of the Website (or any part thereof) following a change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether we have changed these Conditions.
2.1.This Website is owned and operated by Chicolico (‘we’/’us’/’our’) of Emerald Crescent, Sittingbourne, Kent, ME10 5JL.
3.1.You agree that email and other electronic communications can be used as a long-distance means of communication and 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.
We will contact you by email or provide you with information by posting notices on our Website. OVERSEAS ORDERS Our Website is only intended for use by customers resident in England, Wales, Scotland and Northern Ireland (the United Kingdom).
4.2.We can, in our sole discretion, accept orders from individuals located outside the United Kingdom and ship overseas subject to you paying for the additional shipping or postage costs. You will have an opportunity to cancel your order in case these costs are not acceptable.
4.3.If we agree to supply any Goods ordered from the Website for delivery outside the United Kingdom, they may be subject to import duties and/or additional taxes or expenses incurred due to complying with foreign regulatory requirements or laws. You will be responsible for payment of any such duties and/or taxes in addition to our price including the cost of delivery. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office or taxation authority for further information before placing your order.
4.4.Please note that when shipping products internationally, you should be aware that cross-border shipments are subject to opening and inspection by customs authorities. Please also note that you must comply with all applicable laws and regulations of the country for which the Goods are destined. We will not be liable for any breach by you of any such laws.
5.1.When registering on the Website you must choose a username and password. You are responsible for all actions taken under your chosen username and password.
5.2.By registering on the Website you undertake:
5.2.1.That all the details you provide to us for the purpose of registering on the Website and purchasing the
are true, accurate, current and complete in all respects
5.2.2.To notify us immediately of any changes to the information provided on registration or to your personal information
5.2.3.That you are over 18 or if under 18 you have a parent or guardian’s permission to register with and purchase the
from this Website in conjunction with and under their supervision
5.2.4.To only use the Website using your own username and password
5.2.5.To make every effort to keep your password safe
5.2.6.Not to disclose your password to anyone
5.2.7.To change your password immediately upon discovering that it has been compromised
5.2.8.To neither transfer or sell your username or password to anyone, nor permit, either directly or indirectly, anyone other than you to use them
5.3.You authorise us to transmit your name, address and other personal information supplied by you (including updated information) to obtain information from third parties about you, including, but not limited to, credit reports and so that we may authenticate your identity.
5.4.We reserve the right to terminate an agreement formed with you pursuant to clause 9 below and to suspend or terminate your access to the Website immediately and without notice to you if:
5.4.1.You fail to make any payment to us when due
5.4.2.You breach these Conditions (repeatedly or otherwise)
5.4.3.You are impersonating any other person or entity
5.4.4.When requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity
5.4.5.We suspect you have engaged, or are about to engage, or have in anyway been involved, in fraudulent or illegal activity on the Website
6.ELIGIBILITY TO PURCHASE FROM THE WEBSITE
6.1.To be eligible to purchase the
on this Website and lawfully enter into and form contracts with us, you must:
6.1.1.Be 18 years of age or over
6.1.2.Be legally capable of entering into a binding contract
6.1.3.Provide full details of a delivery address in the United Kingdom or the European Economic Area (if you reside in the EEA)
6.2.If you are under 18, you may only use the Website in conjunction with, and under the supervision of, a parent or guardian. If you do not qualify, you must not use our Website.
7.1.The prices of the
are quoted on the Website.
7.2.Prices for delivery are quoted for delivery in the United Kingdom unless otherwise specified.
7.3.Unless otherwise stated, the prices quoted exclude VAT (we are not VAT registered) and delivery costs. The delivery costs will be added to the total amount due from you at their current rate. Details of our delivery charges can be located on our Website.
7.4.We reserve the right, by giving notice to you at any time before delivery or performance of our obligations to you, to increase the price of the
to reflect any increase in the cost to us due to any factor beyond our control (such as without limitation, any foreign exchange fluctuation, significant increase in the costs of labour, materials or other costs of manufacture). In the unlikely event of this occurring, you shall be entitled to cancel the order at any time before
Payment can be made by any major credit or debit card or through an electronic payment account as explained on the order form.
8.2.By placing an order, you consent to payment being charged to your
card account or electronic payment account as provided on the order form.
8.3.Payment will be debited and cleared from your account before the
dispatch of the Goods
8.4.When you pay for your order by card, we carry out certain checks which include obtaining authorisation from your card issuer to ensure you have adequate funds and for security reasons. This may involve validating your name, address and other personal information supplied by you during the order process against appropriate third party databases including the card issuer, registered credit reference agencies and fraud prevention agencies.
8.5.By accepting these Conditions you:
8.5.1.Undertake that all the details you provide to us for the purpose of purchasing the
are correct and that the payment card you are using is your own and that there are sufficient funds to cover the cost of the
8.5.2.Undertake that any and all
ordered by you are for your own private or domestic use only and not for resale
8.5.3.Authorise us to transmit the payment and delivery information provided by you during the order process (included any updated information) for the purpose of obtaining authorisation from your card issuer to ensure you have adequate funds, to authenticate your identity, to validate your payment card and for other security reasons, such as fraud prevention
8.6.We shall contact you should any problems occur with the authorisation of your card.
8.7.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 our Website.
8.8 Payment Plan Option, 25% Deposit will be made to us in order to start any payment plan with us, this will be made over the duration set by us dependant on your order, we reserve the right to withhold the deposit in the event that the ayment plan is not settled in the timescale this is usualy 4 Weeks.
8.8.1 We will contact you before your payment plan ends to remind you to settle any outstanding balance.
8.8.2 Payments for payment plan balances can me made online by logging into your account using your email address and password, or you can call us on 01795 858 711.
8.8.3 The Payment plan option is excempt from a cash refund we can only offer a credit note or exchange in the event of a return, this does not affect any items that are faulty.
9.ORDER PROCESS AND FORMATION OF A CONTRACT
9.1.All orders are subject to acceptance and availability. If any
ordered are not available, you will be notified by email and you will have the option either to wait until the item is available or to cancel your order. It is your responsibility to provide us with a valid email address so that we can contact you if necessary.
9.2.Any order placed by you constitutes an offer to purchase the
from us. All such offers received from you are subject to acceptance by us and we reserve the right to refuse any order placed by you at any time prior to acceptance, without providing an explanation.
9.3.You shall be responsible for ensuring the accuracy of the details provided by you during the order process and we will not accept an order unless all details requested from you have been entered correctly.
9.4.You agree that if we contact you to acknowledge receipt of your order such communication shall not amount to our acceptance of your offer to purchase the
ordered by you from the Website.
9.5.A contract between you and us (the ‘Contract’) incorporating these Conditions will only subsist after we have debited your payment card and have confirmed that we
have dispatched the Goods or made them available to be downloaded
. We will send you an email to confirm this (a ‘Confirmation Notice’). The Confirmation Notice will amount to an acceptance of your offer to buy the
from us. The Contract will only be formed when we send you the Confirmation Notice (whether or not you receive it).
9.6.Where we agree to supply
to you permanently or on an ongoing (continuous) basis, such as by subscription, they shall be provided for a minimum fixed period of time (the ‘Minimum Duration’). The length of the Minimum Duration will depend on which package or product you have selected to purchase and is provided on the Website.
9.7.The Contract will relate only to the
stated in the Confirmation Notice. We will not be obliged to supply any other
which may have been part of your order until we have sent you a separate Confirmation Notice relating to it.
9.8.You must check that the details contained in the Confirmation Notice are correct and you should print out and keep a copy of it.
9.9.You will be subject to the version of our policies and Conditions in force at the time that you order the
from us, unless:
9.9.1.Any change to those policies or these Conditions is required to be made by law or governmental authority
9.9.2.We notify you of any change to our policies or these Conditions before we send you the Confirmation Notice, in which case, we are entitled to assume that you have accepted it, unless we receive written notification from you to the contrary within seven working days of receipt of the Confirmation Notice
will be delivered to you at the address you provided during the order process which must be the address that is the billing address of your payment card.
10.2.We employ professional carriers. Nevertheless, you must examine the Goods on arrival. If you are asked for your signature on delivery, you must examine the Goods before signing for it.
10.3.Any dates quoted for
delivering the Goods
are approximate only. If no date is specified then it will take place within 30 days or a reasonable time of the date of the Confirmation Notice, unless there are exceptional circumstances.
10.4.We shall not be liable for any delay in
delivering the Goods
, however caused.
may be sent to you in instalments.
10.6.For Christmas deliveries, we recommend that you check our Website for the last date of delivery. We will endeavour to dispatch all Goods that are in stock within 24 hours. However, we cannot guarantee delivery by 24th December.
11.RISK AND TITLE
11.1.The Goods will be at your risk from the time of delivery.
11.2.Ownership of the Goods will only pass to you when we receive full payment of all sums due in respect of them including the cost of delivery.
12.CANCELLING YOUR CONTRACT AND RETURNS
12.1.Cancelling before receiving a Confirmation Notice
12.1.1.You may cancel your order for the
at any time prior to receiving a Confirmation Notice from us so long as you contact us in writing. You can send us a cancellation notice by sending an email to firstname.lastname@example.org or a letter to Emerald Crescent, Sittingbourne, Kent, ME10 5JL. Your cancellation notice must quote your name, address, the name or a description of the
and your order reference number.
12.2.Cancellation after receiving a Confirmation Notice
12.2.1.You are entitled to cancel your Contract at any time prior to receiving the Goods so long as you provide us with written notice or, if you have received the Goods, so long as you provide us with written notice at anytime within 7 working days starting from the day after you received the Goods. You can send your cancellation notice by email to email@example.com or a letter to Emerald Crescent, Sittingbourne, Kent, ME10 5JL. Your cancellation notice must quote your name, address, the name or a description of the Goods and your order reference number.
12.2.2.Upon receiving your cancellation notice, we will contact you and provide details of where you must return the Goods and other relevant instructions. You must then immediately return the Goods to us at your own cost and risk. We reserve the right, at our option, to collect the Goods from you. If we wish to collect the Goods we will notify you of when they will be collected by us. We will charge you for the cost of collecting the Goods and will deduct this from any sum owed by us to you.
12.2.3.The Goods must be returned to us in the same condition in which you received them until such time as the Goods are either collected by us or delivered back to us by you. You must return the Goods with its original packaging and the original invoice. You have a legal obligation to take reasonable care of the Goods whilst they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
12.3.Exception to the right to cancel
You will not have a right to cancel an order for
purchased from us, in the following situations:
12.3.1.If you expressly agree to us beginning to provide any services before the end of the cancellation period.
12.3.2.The Contract is for goods which are bespoke or have been personalised or which may deteriorate (such as food)
12.3.3.The Contract is for goods and/or services the price of which is dependent on fluctuations in the financial market which cannot be controlled by us
12.3.4.The Contract is for the sale of land or financial services
12.3.5.The Contract is for the sale of
12.3.6.The Contract is for the supply of:
126.96.36.199.Audio or video recordings and computer software if unsealed by you
188.8.131.52.Audio or video recordings and software and other items that you have successfully downloaded where a free trial or demonstration was available to you to view or download
184.108.40.206.Newspapers, magazines and other periodicals
220.127.116.11.Gaming, betting and lottery services
12.4.Damaged, faulty or wrongly delivered goods
12.4.1.We will offer you a refund of the full purchase price, including the cost of delivery for sending the goods to you, and the cost of returning the Goods to us, provided that you return the Goods to us and the conditions set out in paragraph 12.5.2. are met. We must also be reasonably satisfied that:
18.104.22.168.the Goods have not suffered damage after delivery;
22.214.171.124.the Goods have not been misused or used other than in accordance with the instructions; and
126.96.36.199.the problem is not due to normal wear and tear.
12.4.2.In addition to the requirements of paragraph 12.5.1, the Goods
been damaged on delivery; 188.8.131.52. been delivered in a faulty condition;