Terms & Conditions
The legal stuff
Terms and Conditions for online shopping on www.chewigem.co.uk
Thank you for visiting Chewigem the site. Please use this section for information about the terms and conditions that govern your use of the site. If you have any further questions, please contact or write to:
Jenny & Stuart McLaughlan (Directors)
41A Highfield Place
Contract For Sale
These are the terms and conditions of our agreement which apply to all purchases of products by you from www.chewigem.co.uk and you should read them carefully. We may vary these terms from time to time and therefore you should check them before you make a new purchase.
- Order: You can submit an order for products to completing the details required on the order summary page and clicking the order button. All prices are reflected in £UK Sterling and include VAT where applicable, providing delivery is to a location in the UK. Orders outside of the United Kingdom may be subject to an additional charge. Goods supplied are not for resale. We are under no obligation to accept your order, but would normally do so where the product is available, the order reflects current pricing and your credit card/debit card or PayPal payment is approved by PayPal or your credit card/debit card company.
- The display of any product on our website is in no way an offer by us to sell to you. It is your response that is the offer. Accordingly, we are not liable to sell you any product that might be quoted at a price lower than that meant by us.
- Acceptance of order: We will acknowledge your offer to purchase our products via an order confirmation email which will be received shortly after you order. Acceptance of your order will occur on completion of despatch, for which you will receive an email. At that point a binding agreement between us will be in place on these terms and conditions*. If we do not accept your order for any reason we will email you to advise you of the change.
- *but subject to our right to withdraw such acceptance where your offer relates to goods that have been priced below that which we intended and/or where discounts have been applied or used in error.
- Delivery: We make every effort to deliver all products within the United Kingdom within seven working days of acceptance of your order. Where this is not possible, we or our couriers will notify you and, unless we state otherwise, ensure that your products are delivered within 30 days from acceptance, provided the address is within the EU. This may not apply in respect of deliveries outside of the EU. All deliveries will be made to you at the address specified by you in the order. We may, at our discretion and expense, deliver parts of your order separately. Ownership of the products shall pass to you once we have received payment in full.
- Payment: Delivery will charged at check out and you can select your preferred delivery option. We take every reasonable care to ensure that your order and subsequent transactions are conducted via a secure link. As we are not responsible for the operation of the secure link we will not, unless we are negligent, be liable for any loss you may suffer if a third party obtains unauthorised access to any information you provide via such link. If products are not available for any reason after we have accepted your order, we will let you know. We will not charge you for these products and will refund any amounts already paid (if any) by way of a credit to your credit card/ debit card or PayPal account.
Consumer Contracts Regulations 2013: This legislation gives you the following cancellation rights when you buy online or by phone:
- You have the right to cancel any order that you make with us online or over the phone within 14 days without any reason. Cancellation will result in a full refund including the cost of delivery. However return postage costs will be born by the purchaser. The cancellation period will expire after 14 days from the day on which you acquire or, if the order is a gift to be delivered to a third party, the day on which the third party specified by you in the order acquires, physical possession of the goods that you have ordered (the ‘Cancellation Deadline’);
- To exercise the right to cancel, you must inform us of your decision to cancel your order by sending a clear statement either by e-mail to our Customer Care Team at firstname.lastname@example.org; or in writing to Customer Care Centre, Gemious Ltd, 41A Highfield Place, Birkhill, Dundee DD2 5PZ;
- I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of for the supply of the following goods:
Ordered on [*]/ received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s)
- To meet the Cancellation Deadline, you must send us your communication concerning your exercise of the right to cancel before the Cancellation Deadline has expired;
Effect of Cancellation
If you cancel an order, we will reimburse to you all payments received from you in respect of that order including the costs of delivery up to 14 days, however return postage costs remain the consumers liability. (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). We will make the reimbursement without undue delay, and not later than:
- 14 days after the day we receive back from you any goods supplied; or
- (if earlier), 14 days after the day you provide evidence to us that you have returned the goods; or
- If there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel the order.
- If you wish to exercise your right to cancel, you are obliged to retain possession of the goods and take reasonable care of them until they are returned;
- You must send the goods back to us without undue delay and in any event not later than 14 days from the day on which you notify us of the cancellation of your order. You are responsible for the costs of returning the goods.
We may make the reimbursement using the same means of payment as you used for the initial transaction, unless you have agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
We may make a deduction from the reimbursement for loss of value of any goods supplied, if the loss is the result of unnecessary handling by you (i.e. in excess of what is necessary to establish the nature, characteristics and functioning of the goods).
Refunds and Exchanges:
Please note that in addition to your general right to cancel set out above, we operate an Exchange, Refund and Cancellation Policy. You should read this policy as it gives you extra benefits. This Policy may be found under Delivery and returns at the bottom of the website.
The advertising of products on the site is the way in which we are able to display all the items available to buy through the site. We aim to keep all products in stock, however due to the nature of this business it is inevitable that we may suffer on occasion from being out of stock on some items due to supply chain issues and demand. When items become out of stock, this will be clearly marked on the site. On the rare occasion you have taken a product to check out which is no longer in stock, we will email you to inform you of this and give you three options:
To wait for the item to become available and process the order at that time (timelines will be given).
To choose an alternative product that is in stock and priced the same as your order for immediate dispatch.
Cancel your order and we will issue a full refund.
Any contracts or agreements formed between yourself and Gemious Ltd through this website shall be governed and construed according to UK law and any disputes or proceedings shall be subject to the exclusive jurisdiction of the UK courts.
Each product is carefully made to ensure they meet the required standards. Please be aware that whilst we take great care to accurately describe the products shown on our website, the mixing process of the colours is random and as such their composition and colour may vary slightly from that shown, meaning each product is unique.
We will do everything possible to ensure that you can be confident of making a secure, risk-free purchase from us, but In the unlikely event that you are unhappy in any way with our service or products, please contact us immediately and we will attempt to put things right or arrange for a return.
You also have the right to an Alternative Dispute Resolution and this can be done using this link European Online Dispute Resolution platform
Making a Purchase
When you make a purchase from chewigem.co.uk -
You will receive electronic notification of dispatch usually within 1-2 working days of your order being processed.
Quality - All our products are manufactured to a very high standard. Items cannot be compared to similar products found elsewhere.
Confidence - Secure online payment system via PayPal, Amazon or Realex merchant gateway.
Peace of Mind - A no quibble returns policy
All rights, including copyright, in the content of these web pages are owned or controlled for these purposes by Gemious Ltd.
You are not permitted to copy, download, store (in any medium), adapt or change in any way the content or images contained within the web pages of chewigem.co.uk for any reason whatsoever without the prior written permission from Gemious Ltd.
The ® sign means Chewigem is a registered trademark, as such anyone attempting to sell or pass off under this brand name whether intentionally or otherwise will be subject to legal proceedings being issued against them.
All designs are protected by design rights and copying or imitation of designs will not be tolerated and acted upon swiftly by the appropriate legal channel.
Terms & conditions of competition
In deciding the winner for a competition Gemious Limited's decision is final. Prizes will be delivered up to four weeks after the competition has closed. By entering a competition online, you accept the terms and conditions outlined here and within the community guidelines.
Terms & Conditions of Subscriptions
Our terms and conditions on which we will supply to you the products (Products) listed on our website www.chewigem.co.uk (our site) via one of our subscription services (Services). Please read these terms and conditions carefully before subscribing to one of our Services. You should understand that by ordering any of our Products or subscribing to one of our Services, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
Please tick the checkbox in the shopping cart to accept these terms and conditions. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.
1. INFORMATION ABOUT US
1.1 We operate the website www.chewigem.co.uk. We are Gemious Limited, a company registered in Scotland under company number SCO441656 and with our registered office and trading address at 41a Highfield Place, Birkhill, Dundee, DD2 5PZ. Our VAT number is GB 142403356
2. SERVICE AVAILABILITY
2.1 Our site is unable to sell subscription services in the USA, Canada, Australia, new Zealand, Belgium, Luxemburg and the Netherlands,(un-serviced countries) due to other contracts with partners in those countries.
3. YOUR STATUS
By placing an order through our site, you warrant that:
3.1 you are legally capable of entering into binding contracts; and
3.2 you are at least 18 years old;
3.3 you are not resident in one of the un-serviced Countries; and
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 After placing an order for a subscription service via our site, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy Products by subscribing to a Service. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
4.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
4.3 The subscription plan to our Services consist of an initial charge and then followed by recurring monthly charge. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. chewigem.co.uk may submit periodic charges (e.g. monthly) without further authorisation from you, until you provide prior notice that you have terminated this authorisation or wish to change your payment method. Such notice will not affect charges submitted before chewigem.co.uk reasonably could act. To terminate your authorisation or change your payment method, login to your customer account and edit through the ‘My Account’ tab
4.4 By subscribing to chewigem.co.uk you are agreeing to pay recurring periodic subscriptions for an indefinite time until cancelled by you or us, subject to variation in accordance with 4.5 below. You can cancel your subscription at any time. You will not be charged for any cancellation. You can re-subscribe at any time following your cancellation, but we reserve the right not to permit re-subscription where we have previously elected to terminate a subscription by you.
4.5 Auto-renewal. Following your initial subscription auto renewal occurs monthly on the 1st of each month when your chewigem.co.uk subscription will be automatically renewed. You may opt out of automatic renewal before the 1st day of your expiration month through your customer account.
4.6 Account Cancellations. If you wish to cancel your monthly subscription with us, you must cancel before the 1st day of the calendar month in order to avoid receiving that months box. Please note; if you sign up or cancel after the 1st you will receive that months box which will be your last.
4.7 We reserve the right at our absolute discretion not to renew your subscription at any time without giving any reasons for our decision.
5. SELECTING YOUR CHEWIGEM EACH MONTH
5.1 Each month you will receive a credit dependant on the package you have chosen, 1 credit for VIC's and 2 credits for Platinum members. 1 credit equals 1 product.
5.2 Your credits can be seen and spent from within your Chewigem account.
5.3 You can add more credits to your account at any time. So if you wanted to add an extra product one month this can be handy, or simply wait for them to renew on a monthly basis
5.4 All items are included in the subscription service EXCEPT the Starter kits, which cannot be used as a product in this service.
5.5 It is your responsibility to make the order for each months products on the website using your stored credits. We will issue one reminder email around the start of the month or post in our private Facebook group.
6. CONSUMER RIGHTS
6.1 If you are contracting as a consumer, you may cancel a Contract at any time within fourteen days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy see our general refunds and returns policy by looking at our website terms and conditions, linked at the bottom of every website page.
6.2 Details of your statutory right of cancellation, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your other statutory rights as a consumer.
6.3 The EU website for online dispute resolution is available at: http://ec.europa.eu/consumers/odr/
7. AVAILABILITY AND DELIVERY
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
8. RISK AND TITLE
8.1 The Products will be at your risk from the time of delivery.
8.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
9. PRICE AND PAYMENT
9.1 The price of the Products and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error.
9.2 Product prices include VAT and postage
9.3 Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
9.4 Payment is taken on the 1st of each month via Direct Debit using Gocardless.
10. OUR REFUNDS POLICY
10.1 If you return a Product to us:
10.1.1 Because you have cancelled the Contract between us within the fourteen-day cooling-off period (see clause 6.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you gave notice of cancellation. In this case, we will refund the price of the Product in full, and any applicable delivery charges. However, you may be responsible for the cost of returning the item to us (see clause 6.2).
10.1.2 For any other reason (for instance, because you have notified us in accordance with clause 21 that you do not agree to a change in these terms and conditions or in any of our policies, or because you consider that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of a defective Product in full, any applicable delivery charges and any reasonable costs you incur in returning the item to us.
10.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
We warrant to you that any Product purchased from us through our site will, on delivery, conform with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
12. OUR LIABILITY
12.1 Subject to clause 12.2, if we fail to comply with these terms and conditions we shall only be liable to you for the purchase price of the Products.
12.2.3 Any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;
12.2.4 Defective products under the Consumer Protection Act 1987; or
12.2.5 Any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
13. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you 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. This condition does not affect your statutory rights.
All notices given by you to us must be given to Gemious Limited at email@example.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 13 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
15. TRANSFER OF RIGHTS AND OBLIGATIONS
15.1 The contract between you and us is binding on you and us and on our respective successors and assignees.
15.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
15.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
16. INTELLECTUAL PROPERTY RIGHTS
16.1 We are the owner or the licensee of all intellectual property rights in our site, whether registered or unregistered, and in the material published on it. These works are protected by copyright laws and all such rights are reserved.
16.2 You may print off one copy, and may download extracts, of any pages from our site for your personal reference. You must not use any part of our copyright materials for commercial purposes without first obtaining a licence to do so from us and our licensors.
16.3 If you post comments on the Products or Services to any website, blog or social media network (Commentary) you must ensure that such Commentary represents your fairly-held opinions. By subscribing to the Services you irrevocably authorise us to quote from your Commentary on our site and in any advertising or social media outlets which we may create or contribute to.
17. EVENTS OUTSIDE OUR CONTROL
17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
17.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
17.2.1 Strikes, lock-outs or other industrial action;
17.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
17.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
17.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
17.2.5 Impossibility of the use of public or private telecommunications networks; and
17.2.6 The acts, decrees, legislation, regulations or restrictions of any government.
17.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
18.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
18.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
18.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13 above.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
20. ENTIRE AGREEMENT
20.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
20.2 We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
20.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
20.4 Nothing in this clause limits or excludes any liability for fraud.
21. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
21.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
21.1 You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within fourteen working days of receipt by you of the Products).
22. LAW AND JURISDICTION
22.1 Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by UK law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the UK courts.