CHIP AND BLOCK – TERMS AND CONDITIONS (V1.0 16/10/2024)
Please read the following important terms and conditions before you contact us or buy anything from us, and check that they contain everything you want and nothing that you are not willing to agree to.
This contract sets out:
- your legal rights and responsibilities;
- our legal rights and responsibilities; and
- certain key information required by law.
In this contract:
- ‘“we”’, ‘“us”’ or ‘“our”’ means Chip & Block; and
- ‘“you”’ or ‘“your”’ means the person using our site or contacting us to buy goods from us.
If you have any questions about this contract, an existing order, or wish to make an order for bespoke or customised goods, please contact us by:
- sending an email to [email protected]
Who are we?
Charlotte Louise Peach (trading as Chip & Block), a sole trader. Our office is at: Banks Mill Studios, 71 Bridge Street, Derby DE1 3LB. The details of this contract will not be filed by us. Please print out or save a copy of this contract for your records as we will not save a copy for you. |
1. Introduction
1.1 If you buy goods from us you agree to be legally bound by this contract.
1.2 This contract is only available in English. No other languages will apply to this contract.
1.3 When buying any goods from us you also agree to be legally bound by:
1.3.1 extra terms which may add to, or replace some of, this contract. This may happen for legal or regulatory reasons. We will contact you to let you know if we intend to do this by giving you one month’s notice.
All of the above documents form part of this contract as though set out in full here.
2. Information we give you
2.1 By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. If you want to see this key information, please:
2.1.1 read the acknowledgement email (see clause 5.3); or
2.1.2 contact us using the contact details at the top of this page.
2.2 The key information we give you by law forms part of this contract (as though it is set out in full here).
2.3 If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.
3. Your privacy and personal information
3.1 Our “Privacy Policy” is available at https://chipandblock.co.uk/privacy/.
3.2 Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.
4. Your images
4.1 In order to provide the personalised Goods you may be required to supply us with images, photos, videos, text, files, sounds, applications or other materials that you submit to us (collectively Images).
4.2 When you provide us with any Images, you grant us a perpetual, irrevocable, non-exclusive, worldwide, transferable, sub-licensable fully paid-up and royalty-free licence to reproduce, distribute, modify, prepare derivative works of, display and otherwise use the Images in connection with the goods, including without limitation in any medium, media formats and through any media channel. This includes the right for us to use the Images to make the bespoke or personalised good and also display your Images on our website.
4.3 If you object to your Images being publicly displayed by us on our website or through other media channels, please let us know or contact us.
4.4 You waive, and obtain agreement on behalf of all other authors of the Image to waive, all moral rights in the Image (including rights to be identified as the author of the Image or to object to any derogatory treatment of the Image), whether such rights subsist now or at any time in the future in any place in the world.
4.5 You confirm to us that you are the owner of the Images and/or have all of the necessary rights, consents, permissions and licences which are required for you to grant us the licence in clause 4.2. You are responsible for losses incurred by us in the event of any claim by any other party as a result of you not complying with this clause 4.5.
5. Ordering goods from us – by contacting us to place an order for bespoke or customised goods
5.1 Below, we set out how a legally binding contract between you and us is made when you are ordering bespoke or customised goods.
5.2 You will need to contact us directly by one of the direct contact methods specified at the beginning of these terms and conditions to order any bespoke or customised goods. Bespoke or customised goods cannot be ordered on our website.
5.3 We will contact you to discuss the requirements for the bespoke or customised goods you are seeking to order. Once we have discussed your requirements for the goods, we will confirm by email the deposit amount to be paid, the total price and delivery charges that you will be required to pay. This acknowledgement does not, however, mean that your order has been accepted by us.
5.4 If you wish to proceed you will be required to pay the deposit to us for the bespoke or customised goods.
5.5 We may contact you to say that we do not accept your order. This is typically for the following reasons:
5.5.1 the goods are unavailable;
5.5.2 we cannot authorise your payment;
5.5.3 you are not allowed to buy the goods from us (for example, because you are under age to order the selected goods);
5.5.4 we are not allowed to sell the goods to you;
5.5.5 you have ordered too many goods;
5.5.6 we cannot deliver to the specified location; or
5.5.7 there has been a mistake on the pricing or description of the goods.
5.6 We will contact you again to confirm we’ve received your deposit and accepted your order. We will only accept your order when we email you to confirm this (“Confirmation Email”). At this point a legally binding contract will be in place between you and us.
5.7 Once your order is accepted and your design has been created, we will contact you again with a low resolution image of the design of the bespoke or personalised goods. If you would like to make any changes after you receive the low resolution image, please contact us within 48 hours. The total price agreed includes one set of minor changes to the design (we will decide whether the changes requested are minor changes). Any additional changes to the design you request may increase the price of the goods and affect the delivery costs and date. If this is the case, we will confirm the revised price and delivery date of the goods with you.
5.8 Once you confirm that you are happy with the design of the bespoke or personalised goods, we will take the remaining outstanding payment from you and proceed with your order. If you do not confirm that you are happy to proceed or we do not hear from you within a reasonable period of time or we cannot authorise your payment, we may cancel your order. The deposit you have paid is non-refundable in these circumstances.
5.9 If you are under the age of 18 you may not buy any goods from us.
6. Availability
6.1 All orders are subject to availability.
6.2 We cannot guarantee that any goods will be available at any given time.
6.3 In certain circumstances beyond our reasonable control, for example where there has been a change in law, we may need to stop supplying certain goods. If this happens and it affects your order, we will notify you by email, cancel your order and provide you with a full refund (including any delivery costs, if applicable).
7. You’re responsible for making sure your measurements are accurate
7.1 If we’re making or supplying the product to measurements or other information you provide, you’re responsible for making sure those measurements are correct.
8. Right to cancel
8.1 You do not have the right to cancel orders for bespoke or personalised goods.
9. Delivery
9.1 We use Parcelforce or other couriers of our choosing to deliver our goods. When you are ordering bespoke or personalised goods from us then we will confirm the delivery details and costs with you at the time we contact you about your request.
9.2 The estimated date for delivery of the goods is set out in the Confirmation Email (see clause 5.3 for bespoke or customised goods).
9.3 If something happens which is outside of our control and affects the estimated date of delivery, we will provide you with a revised estimated date for delivery.
9.4 Delivery will take place at the address specified by you when you placed your order with us.
9.5 Unless you and we agree otherwise, if we cannot deliver your goods within a reasonable period of time of the estimated date of delivery for the goods provided with your Confirmation Email or such other revised estimated date of delivery for the goods we notify you of in accordance with clause 5.7, we will:
9.5.1 let you know; and/or
9.5.2 may cancel your order; and
9.5.3 give you a refund (except for the deposit in the case of the bespoke or personalised goods where the delay is caused by you).
9.6 If nobody is available to take delivery, please contact us using the contact details at the top of this page.
9.7 Please examine the goods within 48 hours after delivery and notify us of any fault or damage as soon as reasonably possible.
9.8 You are responsible for the goods once they have been delivered to the address specified by you when you placed your order with us. In other words, the risk in the goods passes to you when you take, or a third party notified by you takes, possession of the goods.
9.9 We do not make deliveries to any addresses outside of the UK unless we otherwise agree.
9.10 We may deliver your goods in instalments.
10. Payment
10.1 Payment must be made via PayPal or (at our discretion) by bank transfer. We do not accept cash or cheques.
10.2 We will do all that we reasonably can to ensure that all of the information you give us when paying for the goods is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with this contract or our Privacy Policy (see clause 3) or breach by us of our duties under applicable laws, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
10.3 Any goods you buy from us must be paid for in advance. For bespoke or personalised goods, we will take a deposit payment via PayPal or (if applicable) by bank transfer before we send you your order Confirmation Email and then we will take full payment prior to producing the bespoke or customised goods. You will own any goods you buy once we have received full payment for them in full and the goods have been produced.
10.4 If your payment is not received by us and you have already received the goods, you must:
10.4.1 pay for such goods as soon as possible and in any case within 30 days; or
10.4.2 return them to us as soon as possible and in any case within 30 days. If so, you must keep the goods in your possession, take reasonable care of them (including ensuring that you follow any instructions or manuals given with the goods) and not use them before you return them to us.
10.5 If you do not pay for the goods and fail to return them in accordance with clause 10.4, we may collect the goods from you at your expense. We will try to contact you to let you know if we intend to do this.
10.6 All prices are in pounds sterling (£)(GBP).
10.7 Prices for our goods, as well as delivery charges, may change at any time. Except as set out in clause 10.8 below, such changes will not affect existing orders.
10.8 If there has been an error on the site or in any of our communications regarding the pricing of any of our goods and this affects your order, we will try to contact you using the contact details you provided when you placed your order. We will give you the option to re-confirm your order at the correct price or to cancel your order. If we are unable to contact you, we will treat the order as cancelled and notify you by email.
11. Nature of the goods
11.1 The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’). The goods that we provide to you must be as described, fit for purpose and of satisfactory quality. To the extent we provide any services to you as part of supplying the goods, these must be provided with reasonable care and skill.
11.2 We are under a legal duty to supply you with goods that are in conformity with this contract.
11.3 Any pictures and images provided on the site or provided to you by us, including of packaging, are for illustration purposes only. Your goods and their packaging may vary slightly from those pictures or images.
11.4 We cannot guarantee that the colours displayed on your device will match exactly the appearance of your goods. The colours of the goods displayed on our site or that we send you may vary depending on what device you are using and your settings.
11.5 All weights, sizes and measurements set out on our site are that we provide you are as accurate as possible but there may be a small tolerance.
11.6 Any goods sold at discount prices, as remnants or as substandard, will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.
12. Faulty goods
12.1 Any goods that we provide to you must be as described, fit for purpose and of satisfactory quality.
12.2 During the expected lifespan of any goods that you have purchased from us, you are entitled to the following:
Up to 30 days: | If your goods are faulty, you can get an immediate refund. |
Up to six months: | If the goods cannot be repaired or replaced, then you are entitled to a full refund in most cases. |
Up to six years: | If the goods do not last a reasonable length of time, you may be entitled to some money back. |
12.3 This is a summary of some of your key rights. They are in addition to your cancellation rights set out in clause 15 above. For more detailed information on your rights, visit the Citizens Advice website at www.citizensadvice.org.uk or call 0808 223 1133.
12.4 If there is a problem with any goods you have purchased from us, please contact us as soon as reasonably possible.
13. End of the contract
If this contract is ended, it will not affect our right to receive any money which you owe to us under this contract.
14. Our intellectual property rights in the artwork
14.1 The intellectual property rights in the goods and any images, photos, videos, text, files, sounds, applications or other materials that we provide to you are owned by us and our licensors.
14.2 We and our licensors reserve all our intellectual property rights (including, but not limited to, all copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world. This means, for example, that we remain owners of them and are free to use them as we see fit.
14.3 You must use our goods and any images, photos, videos, text, files, sounds, applications or other materials we provide to you only for domestic and personal use. You must not use our products for commercial, business or resale purposes.
15. Limitation on our liability
15.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
15.1.1 losses that were not foreseeable to you and us when the contract was formed;
15.1.2 losses that were not caused by any breach on our part;
15.1.3 business losses; or
15.1.4 losses to non-consumers.
16. Third party rights
No one other than a party to this contract has any right to enforce any term of this contract.
17. Disputes
17.1 We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the goods you ordered, our service to you or any other matter, please contact us as soon as possible using the contact details set out at the top of this page.
17.2 The laws of England and Wales apply to this contract, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country.
17.3 Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK in which you live.
18. General Terms
18.1 You are not allowed to transfer your rights under these terms to anyone without our prior written consent. We may transfer our rights under these terms to another business without your consent, but we will notify you of the transfer and make sure that your rights are not adversely affected as a result.
18.2 If any provision of these terms (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of these terms will not be affected.
18.3 If you breach these terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these terms.