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Terms & Conditions

Terms and Conditions for Chimasu.com


Company

Www.chimasu.com (“the website”) is owned and operated by Chimasu Ltd, trading as Chimasu.com. References to “we”, “us”, or “our” are references to Chimasu Ltd. Our correspondence details are as follows:

General email: [email protected]

Company registration name and registered office: Chimasu Ltd, 117 Whitchurch Gardens, Edgware, Middx, HA8 6PG

Company number: 08920261 (Registered in England)


General

These Terms & Conditions apply to the use of this website. By accessing this website and/or placing an order, you agree to be bound by these Terms & Conditions. Using this website indicates that you accept these Terms & Conditions regardless of whether or not you choose to register with us or order from us. If you are unwilling to accept these Terms & Conditions, then please do not continue to use this website.


1. Introduction
1.1 You will be able to access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.
1.2 We may revise these terms and conditions at any time by updating this posting. You should check this Website from time to time to review the then current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this website.

1.3 You can find the specific details regarding your subscription with Chimasu Ltd including your next scheduled boxes, by logging into your account at https://www.chimasu.com/customer/login . In your account you will be able to 1. view, amend or cancel existing orders, 2. view the payments you have made, 3. view or amend your personal details, 4. view or amend your payment card details, and 5. view or amend delivery address details.


2. Ordering from us
2.1 You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the products you have ordered. We are currently able to accept payments through Stripe in GBP.
2.2 Our acceptance of an order takes place when we despatch the order. We will send you a despatch confirmation by email. When we despatch the order the purchase contract will be made even if your payment has been processed immediately, unless we have notified you that we do not accept your order or you have cancelled your order.

2.3 When registering an account on the website you will automatically be signed up to receive a monthly delivery of our products. You can manage and make changes to your orders at any time.

2.4 We select the contents of your boxes based on your ratings of our love, like or no thanks options. We reserve the right to not send certain combinations of products together in a box.
2.5 We may refuse to accept an order:
(a) where goods are not available;
(b) where we cannot obtain authorisation for your payment;
(c) if there has been a pricing or product description error; or
(d) if you do not meet any eligibility criteria set out in our terms and conditions.

2.6 Boxes can only be delivered to addresses within the UK, this excludes PO boxes and BFPO addresses


3. Information about what our snacks contain

3.1 Nutritional information including a list of ingredients is included with all our snacks.

3.2 As we do not prepare our products, we are unable to guarantee that our products are completely free from ingredients and substances that may cause allergies or intolerances


4. Pricing, billing and cancellation

4.1 Our prices do not include VAT as we are not registered for VAT.
4.2 Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this Website.
4.3 Our prices are reviewed periodically.

4.4 We take payments by continuous payment authority. Our boxes are sent out on the 10th of each month (except for weekends) and are due around the 15th of every month. Payment is in advance, and as such re-billing occurs on the 20th of month preceding the next delivery.

4.5 Payment times will vary in the approach to a bank holiday, when we may take payment up to seven days earlier

4.6. If you payment details change, your card provider may provide us with updated card details. We may use these new details for your future boxes in order to help prevent any interruption to the service.

4.7 You agree not to hold us responsible for banking charges incurred due to payments on your account

4.8 Goods are subject to seasonal changes in supply levels and supply prices. We reserve the right to change the fees for any service at any time. We agree to notify you at least 30 days in advance of any changes in fees. Please note that you can cancel at any time.

4.9 You can cancel the purchase of a box at any time before the re-billing date of the 20th in the preceding month by visiting your account.

4.10 We reserve the right to terminate or restrict your use of our service, for any or no reason whatsoever. One reason that we may do so is if we believe that you are in breach of any obligation under these Terms and Conditions. If we terminate your use of our service as a result of a breach of any obligation under these Terms and Conditions, such termination would be immediate and may be without notice.

4.11 We reserve the right to terminate or restrict your use of our service, for any reason.


5. Free and discounted boxes

5.1 Free or discounted introductory offers are only available to new users of the website. Except where expressly stated, previous users or trialists of the website do not qualify for an additional special offer.
5.2 Except where otherwise stated, discounts and credits are available only once to any one person and cannot be used in conjunction with any other offers

5.3 You will be charged the full price for boxes after your free or discounted offer. We will continue to bill you by your chosen payment method for the Chimasu Ltd service until you cancel scheduled boxes


6. Delivery

6.1 All deliveries are sent by courier using a tracked service

6.2 We target the 15 th of the month for delivery however actual delivery date may vary. We reserve the right to use alternative delivery methods without prior notification.

6.3 By agreeing to these terms and conditions you acknowledge that due to unforeseen circumstances our expected delivery dates may not be possible. Chimasu.com is in no way responsible or liable for any delays, losses or inconvenience caused by delays.

6.4 You will not hold us responsible for any delays, outside our control, which relate to the delivery of boxes.

6.5 It is your responsibility to report all lost or undelivered boxes online within 7 days of the expected day of delivery.

6.6 If your box does not fit through your letter box and you are out when it is delivered, your postie should leave a card at the address with information about collection or re-delivery. The postage provider will hold the box for 18 days before returning it to us and it is your responsibility to contact them to arrange receipt of the box as soon as you can. Due to the perishable nature of the food, we cannot be held responsible for refunding or replacing the box if this process has not been followed.

6.7 If you change address, you must update your address details in the relevant section of the website to ensure that boxes are not sent out to the wrong address. Please ensure this is done in time to take effect before you move as you will not be refunded or credited for any boxes posted to the wrong location.


7. Cancellation and returns policy

7.1 You can cancel your subscription at any time by logging into your account. In order to cancel a box in the same month cancellation must be before the monthly cut off date of the 10th. Otherwise, cancellation will take affect from the following month.

7.2 We reserve the right to cancel your account with us if it becomes apparent that, in our sole opinion, the postal service in your area is too unreliable.

7.3 If you are dissatisfied with any product you receive from us, please contact our customer services team on [email protected] We retain the right to request a return of any damaged or faulty goods by recorded delivery to: Chimasu Ltd, 117 Whitchurch Gardens, Edgware, Middx, HA8 6PG. The product will be inspected. If we request recorded delivery then we will pay for the cost of the postage on provision of the postage receipt. If the damage or fault is agreed, a full refund will be given for the returned goods. Nothing in this section affects your legal rights. Unfortunately, damaged and faulty products are the only reasons for which we can offer a refund or replacement for our snacks. Due to the perishable nature of our snacks, you do not otherwise have a right to cancel your order or any contract between us and we are not otherwise able to offer refunds or allow for a return of those items, in accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.


8. License
8.1 You are permitted to print and download extracts from this Website for your own use on the following basis:
(a) no documents or related graphics on this Website are modified in any way;
(b) no graphics on this Website are used separately from accompanying text; and
(c) any of our copyright and trade mark notices and this permission notice appear in all copies.
8.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
8.3 No part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
8.4 Any rights not expressly granted in these terms are reserved.

9. Service Access
9.1 While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.
9.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

10. Visitor material and content
10.1 Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to this Website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
10.2 You are prohibited from posting or transmitting to or from this Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
(b) for which you have not obtained all necessary licences and/or approvals;
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
10.3 You may not misuse the Website (including, without limitation, by hacking).
10.4 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 10.2 or 10.3.

11. Links to and from other websites
11.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
11.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of the chimasu.com logo;
(b) you do not create a frame or any other browser or border environment around this Website;
(c) you do not in any way imply that we are endorsing any products or services other than our own;
(d) you do not misrepresent your relationship with us nor present any other false information about us;
(e) you do not otherwise use any hotwarerbottleshop.co.uk trade marks displayed on this Website without our express written permission;
(f) you do not link from a website that is not owned by you; and
(g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
We expressly reserve the right to revoke the right granted in this clause 8.2 for breach of these terms and to take any action we deem appropriate.
11.3 You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of clause 11.2.

12. Registration
12.1 To register with www.chimasu.com you must be over eighteen years of age.
12.2 Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.
12.3 Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.
12.4 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.

13. Disclaimer
13.1 While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.
13.2 The material on this Website is provided "as is" without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.


14. Liability
14.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
14.2 Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
14.3 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
14.4 You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.

15. Governing law and jurisdiction
15.1 These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.
15.2 We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.


16. Miscellaneous
16.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions
16.2 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
16.3 Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.

16.4 We collect personal information about you through your use of this website and our services. All information that we collect about you is subject to our Privacy Policy.


17. Referral Program

17.1 Referral program is open to all subscribers of Chimasu and anyone who signs up as a referrer on the website

17.2 Referral program gives each referred friend £7 off their 1st subscription to Chimasu and £5 to the referrer

17.3 There is no limit to the number of times the £5 reward can be paid to an individual referrer

17.4 The offer is no longer valid if the subscription of the referred friend is cancelled and refunded within 30 days

17.5 £5 reward paid out in USD using Paypal conversion rate after 30 days to Paypal account of referrer

17.6 Referrer must have a Paypal account not linked to a sanctioned country including Russia and Ukraine

17.7 Referral rewards are paid in USD only. The £5 referral will be converted to USD using the Paypal conversion rate.

17.8 Cannot be used in conjunction with any other offer

17.9 Terms of offer may change from time to time