Terms & Conditions Of Sale
OVERVIEW:
This website is operated by Chesney’s Inc. Throughout the site and its various terms, the terms “we”, “us” and “our” will be used to refer to Chesneys. Chesneys offers this website, including all information, tools, products, and services available from this site to you, the “User” (or “Buyer”), conditioned upon your acceptance of all terms, conditions, policies and notices stated on this website, including the Website Terms & Conditions; and Privacy Policy also provided on this website, and those additional terms and conditions and policies referenced herein and/or available by hyperlink.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms & Conditions of Sale”, “Terms”), including These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.
INDEX OF CONTENTS:
1. ORDER ACCEPTANCE AND PRICE
2. CANCELLATION BY THE BUYER
3. IMAGE AND DESCRIPTION OF GOOD
4. PAYMENT
5. DELIVERY
6. PROPER LAW AND NOTICES
7. USE OF OUR WEBSITE
8. REGISTRATION
9. PASSWORD AND SECURITY AND CONFIDENTIALITY
10. INTELLECTUAL PROPERTY
11. RESTRICTIONS AND INDEMNITY
12. SUSPENSION OR CANCELLATION OF REGISTRATION
13. OUR LIABILITY
14. OTHER LIMITATIONS ON OUR LIABILITY
15. SEVERANCE
16. GOODS BY MANUFACTURE
17. INSTALLATION
Definitions
In these conditions the following words have the following meanings:
“You” or “the Buyer” shall mean the person seeking to purchase the Goods from us.
“We” and “Us” and “the Company” shall mean CHESNEYS GROUP LIMITED (Company registration No 12726816) whose registered office is 194-202 Battersea Park Road, London, SW11 4ND Tel 020 7627 1410.
“The Contract” shall mean any contract for the sale of Goods made between us and you.
“The Goods” shall mean the products, articles or things to be sold by us.
1. Order Acceptance and Price
1.1 The total cost of your order will be the price of the Goods plus any applicable delivery or Installation charge which will be stipulated at the time when you place your order. All prices stipulated are exclusive of VAT where applicable. Installation costs can increase or decrease following a site survey.
1.2 All orders are accepted when full payment for the goods is received and cleared and not before. Any oral communication, email or other acknowledgement of your order is merely to report that your request has been received and does not constitute acceptance of your order.
1.3 We may decline to accept an order from you for any reason. As examples only, we may decline to accept an order from you if the Goods are not available from stock or if there has been a pricing error by us on the website or in our printed literature.
1.4 We reserve the right to adjust the price payable in the event of any increase in supplier’s prices, any increase in VAT or other taxes/duties and/or if due to an error or omission the price published on our website or in our printed literature for the Goods is incorrect (irrespective of whether your order has been acknowledged by email or you have made payment). If any adjustment to the price is made by us, we will give you the opportunity to cancel the order and will return any money already paid by you if you opt to cancel because of an adjustment made by us to the price.
2. Cancellation by the Buyer
2.1 To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or email). Notifications by email must be sent directly to the Salesperson with whom you have dealt. Notifications by post must be sent to Chesney’s Inc., D&D Building, 979 3rd Avenue, Ste. # 1119, New York, New York 10022 and/or to the specific Showroom where your order was placed. We advise you to include your order number in your notification to avoid delay. Notifications by post will only be effective following receipt by the company.
2.2 Cancelation of your order will only be accepted if following a site survey, it is deemed that the goods are wholly not suitable and an alternative product cannot be agreed upon or it is deemed that the cost of the installation has increased by over 25% of the original pre-survey installation charge. Other mitigating circumstances may be considered but will not be determinative.
2.3 On receipt of your written cancellation notice, the request will be considered and if agreed a full refund will be made via the payment method used within 14 days.
2.4 If the order placed is on a supply only basis it is your responsibility to have engaged a suitably qualified installer and once the goods are dispatched a refund is not possible, if an agreement is made to accept the return of the goods, the goods will need to be returned in their original packaging and in perfect condition, a 25% restocking charge will be levied and deducted from any refund due. For the avoidance of doubt: Items received by the company in imperfect condition will not be accepted as returns and will not be eligible for refund, these goods should be collected by you at your own cost.
2.5 The right to cancel/return Goods set out above does not apply to Goods supplied to your specific specification and which have been made to order or which have been personalized nor does it apply to Goods which become mixed inseparably with other items after delivery.
2.6 Any Goods that you return to us are returned at your own risk, therefore we strongly advise you to take care when returning Goods to us by ensuring that the Goods are correctly addressed, appropriately packed, insured if necessary and that they are delivered by a reputable carrier. Unless you are returning Goods to us because they are faulty or incorrect, you must bear the cost of returning the Goods. Regardless of fault, you must also include the SRO (Sales Return Order) document number and any other paperwork requested, if the correct paperwork is not received with the goods, we may be unable to process any credit or refund.
3. Image and Description of Goods
3.1 The appearance of our products in comparison with images of them we publish on our website or in our printed literature may vary for reasons beyond our control and for which we cannot accept responsibility.
3.2 Products that are made from natural materials vary in color, fossilization and veining. Antique Products and Artwork are likewise totally unique in finish and condition. These characteristics are inherent to the beauty of the materials and our products, and does not constitute cause for return. Similarly, our steel fire baskets will temper with use exhibiting bluing of the steel fascia in areas that are exposed to high heat. This is the nature of the material and likewise does not constitute cause for return.
3.3 We will take all reasonable care to ensure that all details, descriptions and prices of Goods appearing on the website or our printed literature are accurate at the time when the relevant information was entered onto the system. Although we endeavor to keep information shown on the website or in our printed literature as up-to-date as reasonably possible, the information appearing at any time may not always reflect the position exactly when you place an order.
4. Payment
4.1 You are responsible for ensuring that all Goods are paid for in full. Payment may be made by contacting the Showroom where your order was placed and made by debit card or credit card. If you wish to pay by any other means, please contact the Salesperson with whom you have dealt, or the Showroom where the order was placed.
4.2 Goods will not be dispatched to you until you have made payment in full to include payment for the price of the Goods plus (where applicable) any charges for VAT, carriage and insurance and if applicable the standard cost of installation, any additional installation charges agreed on following survey are due on completion of the installation.
4.3 The Buyer shall not be entitled to withhold payment of any invoice due to any right or set off or any claim or dispute with the Company, whether relating to the quality or performance of the Goods or otherwise.
4.4 If payment is not received by the Due Date, the Company shall be entitled: to charge interest on the outstanding amount at the rate of 4% per annum above the base lending rate of Barclays Bank plc minimum lending rate, accruing daily; Or to charge at the Company’s absolute discretion a fee of 20% of the value of any order that is cancelled by the Buyer in lieu of retaining the full amount of any deposit or payment. Or to require that the Buyer to make a payment in advance of any delivery not yet made; Or not to make any delivery.
5. Delivery
5.1 Any indication given by us as to the date for delivery of goods, is given as an estimate only. No liability whatsoever is accepted by us in respect to late deliveries. Please do not commence any installation work or book tradespersons until the Goods have been received and thoroughly inspected for any damage or discrepancies.
5.2 Goods are subject to availability. Delay in delivery of goods is beyond our control because delivery of goods is dependent on third party carriers/logistics. Delivery schedules cannot be guaranteed and any dates for delivery of Goods we indicate are to be understood as approximate only. Buyers are advised to only commit to an installation schedule, service schedule or appointment with a third party once the Goods have been received and checked. We shall not be liable for any costs or other losses incurred by you, your agents or any other third party due to an installation schedule, service, booking, or any other appointment committed to by you prior to the Goods being received and checked.
5.3 We shall have no liability whatsoever for any failure to perform, or any delay in the performance of any of our obligations under the Contract arising wholly or in part because of any factor beyond our direct control.
5.4 We shall be entitled to make partial deliveries or deliveries in installments. Each installment shall be a separate agreement to which all the provisions of these conditions shall apply.
5.5 Signature of any note by you or your agent, employee or representative shall be conclusive proof of delivery.
5.6 Within 24 hours of delivery, you must inspect the Goods and advise us of any damage for our investigation. Similarly, if there any items missing, you must confirm quantities of Goods supplied within 24 hours of delivery. Subsequent claims for shortages or damage will not be accepted. Damaged goods should be photographed and submitted to warranties@chesneys.com along with reason for the claim. If we do not receive any notice of an issue within 24 hours of the delivery, the delivery is deemed to have been received complete, and in good condition.
5.7 Risk of loss or damage to the Goods passes to you at the time of delivery including Goods which you have requested us to leave unattended at your requested delivery address because you are unable to take receipt of Goods and sign for the Goods.
5.8 If the Buyer does not accept delivery (including collection and installation) of the Goods in accordance with this paragraph 5, the Company may at its absolute discretion arrange for the storage of the Goods on the buyer’s behalf but without any liability whatsoever for any loss or damage after the Delivery Date.
5.9 While we will attempt to deliver during the hours requested or stated, we cannot guarantee this. Deliveries not accepted during hours which we should reasonably expect you to accept them are subject to section 5.8.
5.10 The buyer shall, in addition to the price, pay on demand all charges for storage, insurance and transport occasioned by the buyer’s failure to accept the goods on the delivery date.
5.11 Storage fees may begin to accrue one month after your order arrives at our warehouse at a rate of $50 per month per crate. Any Products that have not been paid for in full and picked up from our warehouse within 6 months after arrival will be considered abandoned, and will become the property of Chesneys unless an alternative agreement has been agreed to in writing.
6. Proper Law and Notices
6.1 All Contracts made between you and us and all claims of any kind relating to or arising out of this Agreement and the relationship between the Parties, whether tort, contract, or statutory, will be governed exclusively by the laws of the State of New York, without regard to its conflicts of laws principles. Any Dispute between the Parties will be resolved first in amicable good-faith negotiations, and then through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury. The Parties hereby waive their rights to a jury trial and to have any dispute arising out of or relating to this Agreement resolved in court. Any notice required to be given in writing under the Contract shall be given by first class or certified post to Chesney’s Inc. 979 Third Avenue, Ste. 1119, New York, New York, 10022. Notices by post to the company will only be effective upon receipt by the company.
7. Use of our Website
7.1 Access to and use of our website is entirely at your own risk. The website is provided to you for your personal use subject to these terms and conditions and the Website Terms & Conditions (located at https://chesneys.com/website-terms-conditions). By using the Website, you agree to be bound by these terms and conditions which we may update and revise from time to time subject to any such changes being notified to you when access the Website. If you do not wish to accept such changes, you should not continue to use or access the Website. Continued use of the website will be taken as acceptance of such changes.
7.2 We take all reasonable steps to ensure that the website is available 24 hours a day 365 days per year. However, websites do sometimes encounter downtime due to server and other technical issues or updates. Therefore, we will not be liable if the website is unavailable at any time.
7.3 You are permitted to use our website for your own purposes and to print and download material from this website provided you do not modify any content without our consent. Material on this website must not be republished online or off-line without our permission.
7.4 Any links to third-party websites located on this website are provided for your convenience only. We have not reviewed each third-party website and have no responsibility for such third-party websites or their content.
7.5 If you would like to link to this website, you may do so on the basis that you do not replicate any page on this website and we do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us.
7.6 Part of our website may contain advertising and/or sponsorship material for which the provider (and not ourselves) will be responsible for ensuring legal compliance.
8. Registration
8.1 To register on our website, you must be over 18 years of age and you must ensure that the details provided by you on registration or at any time thereafter are correct and complete. You must inform us of any changes to the information you have provided when registering by updating your details to facilitate effective communication with you. 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 that you will notify us immediately of any changes to the personal information by email or telephone. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorized to use.
9. Password and Security and Confidentiality
9.1 When you register to use our website, you MAY be asked to create a password which, to prevent fraud, you must keep confidential and not disclose or share. If you know or suspect someone else knows your password you must notify us immediately by email. If we have reason to believe that there is likely to be a breach of security or misuse of the website, we may require you to change the password and/or suspend your account.
9.2 We will treat all your personal information as confidential and will keep it securely and will fully comply with all applicable US and/or UK data protection and consumer legislation from time to time and place. Please see our Privacy & Cookies policy, which is expressly incorporated herein by reference.
10. Intellectual Property
10.1 The content of our website or printed literature is protected by copyright, trademarks, database rights and other intellectual property rights. You may retrieve and display the content of the Website on a screen, store such content in electronic form on disk but not on a server or network storage device, or print one copy for your own personal use provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, or use for commercial purposes any of the materials or content of the Website without prior written permission from the Company.
11. Restrictions and Indemnity
11.1 You may not use our website for any purposes other than those intended by us, purposes for which the website may NOT be used include but are not limited to: (A) Disseminating any unlawful, harassing, libelous, abusive, harmful, vulgar, obscene or otherwise objectionable material or otherwise breaching any legal duty, or (B) Transmitting materials which encourage conduct which constitutes a criminal offense or otherwise breaches any applicable legal duty; or (C) Interfering with any other person’s use or enjoyment of the Website; or (D) Making, transmitting or storing electronic copies of materials protected by copyright or any other applicable intellectual property rights without our written permission; or (E) Making commercial or non-domestic use of the Goods or Services supplied.
11.2 You agree fully to indemnify, defend and hold us 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 these terms and conditions by you or any other liabilities arising out of your use of the website or use by any other person accessing the website using your account and/or your personal information.
12. Suspension or Cancellation of Registration
12.1 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions. You may cancel your registration at any time in writing but if you do so you must stop using this Website. Suspension and/or cancellation will not interfere with any statutory rights either way.
13. Our Liability
13.1 Our website, and printed material, provides content from other sites or resources and while we try to ensure that material included is correct, reputable and of high quality, we do not make any warranties in relation to that content. If we are informed of any inaccuracies in the material, we will attempt to correct the same as soon as reasonably possible. If we are in breach of these Terms and Conditions, we will only be responsible for any losses suffered as a result and to the extent that they are foreseeable consequences to both you and us at the time you use the Website and will not include any business losses such as lost data, lost profits or business interruption.
14. Other Limitations on our liability
14.1 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 Goods.
14.2 Nothing in these terms and conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our agents or employees
14.3 We shall not be liable to you in contract, tort (including without limitation, negligence) or for pre-contract or other representations (other than fraudulent or negligent misrepresentations) for (a) any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); (b) any loss of goodwill or reputation; (c) any special or indirect losses; – whether these are suffered by you, your agent or by any third party and which arise out of our contract with you for the sale of the Goods.
15. Severance
15.1 If any of these terms and conditions is invalid, illegal or unenforceable (including any provision in which we exclude liability to you) the validity, legality or enforceability of any other part of these conditions will not be affected.
16. Goods by Manufacture
16.1 This clause applies where the Buyer requires Goods to be manufactured by the Seller and the Seller agrees to manufacture the Goods all subject to the provisions of this Agreement.
16.2 The Company warrants that it has the necessary skills, expertise and capabilities to manufacture the Goods in accordance with the Specification.
16.3 The Company warrants that the Goods will comply with all applicable legislation, regulations and standards.
16.4 All documentation, specifications and artwork provided by the Company to the Buyer for use on or in relation to the Goods and the packaging for the Goods (and the Intellectual Property in it) are, and shall remain, the property of the Company.
16.5 The Buyer shall not represent, warrant or undertake that it has any rights in or title to the Intellectual Property, and the trademarks and/or the Know-how. The Buyer represents, warrants and undertakes that it shall not, whether by act or omission, allow the rights of the Company to be impaired regarding the Intellectual Property, the trademarks and/or the Know-how.
16.6 Each party undertakes to maintain as secret and confidential all know-how and other technical or commercial information obtained directly or indirectly from the other party during or in anticipation of this Agreement and to respect the other party’s rights therein.
17. Installation
17.1 Installation of Goods is by appointment only.
17.2 Should an appointment be cancelled or postponed through no fault of the Company, a day work rate per man of $800.00, or such rate as determined by the Company from time to time, shall be charged for any day or part thereof.
17.3 All installation shall be carried out between the hours of 8am to 5:30pm Monday to Friday. There may be exceptions made to this, subject to agreement by the company.
17.4 The Buyer shall, if so requested by the Company, supply to the Company any necessary or relevant data or information and the Buyer shall give or request any other Contractors to give such assistance to the Company as shall be required by the Company in the performance of the Services.
17.5 The Buyer shall ensure at all times that the Site is suitable for mechanical fixing of the Goods. All mechanical fixing of the goods will be carried out in accordance with the Company’s method statement and subject to an Occupational Safety and Health Administration (OSHA) Hazard Communication Standard (HCS) risk assessment.
17.6 The Buyer shall ensure that the following is provided at the Site:
17.6.1 110V + 240 v power
17.6.2 Task lighting
17.6.3 Mains water supply
17.6.4 Waste disposal bins
17.7 The Buyer shall ensure that adequate protection of all fixtures and fittings on Site is provided prior to delivery and installation. The Company accepts no liability whatsoever for any damages where such adequate protection is not on Site.
17.8 The parties warrant that each contractor or person on site will comply with the provisions of the Occupational Safety and Health Act (OSH Act) of 1970 and undertake all risk assessments and method statements as required by regulations relating to but not limited to such matters as manual handling, hazardous substances, noise and personal protective equipment.
17.9 The parties warrant that each contractor or person on site conform to the provisions of current OSHA regulations that govern workplace safety and health standards.
17.10 The Buyer shall indemnify the Company against any liability, damage or claim resulting from personal injury or death of any person or damage to any property of any other persons arising from the carrying out of the Works save insofar as the same result from any breach of contract, negligence or breach of statutory duty on the part of the Company.