ChatwinDirect.com

Terms and Conditions

Introduction

Please read these terms and conditions carefully before using this website operated by Chatwin Company, LLC, 100 Broadway, Suite 2A Brooklyn, NY 11211. By accessing or using our website, you agree to be legally bound by these terms and conditions as they may be modified and posted on our website from time to time. If you have any other inquiries regarding how to use this site please call (347)586-9298 from 9:00am to 6:00pm EST Monday through Friday and 9:00am – 1:00pm EST Saturday or email us at info@chatwindirect.com regarding your issue. Details regarding procedures, products, services, prices, payment and delivery can be found on our website. If you choose to place an order, you will receive clear instructions on how to navigate our simple online order process and you will be required to provide us with your accurate personal details. Please read through these terms and conditions carefully before using this website and print a copy for future reference. Please read our privacy policy section regarding your personal information. If you have a comment, concern or complaint about a product or service you have purchased from us, please contact us via email at info@chatwindirect.com or by regular mail at 100 Broadway, Suite 2A Brooklyn, NY 11211.

General

We reserve the right to change any services, product prices, product specifications and availability at any time. All prices and descriptions found on our website supersede all previous publications. All product descriptions are approximate. Every effort is made to keep information regarding stock availability on our website up to date. However, we do not guarantee that this is the case, or that stock will always be available. If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of this agreement and the remainder of the provision in question will not be affected. This website, any content contained herein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with law of the jurisdiction specified in the clause below and the parties to any such contract agree to submit to the exclusive jurisdiction of the courts as specified. All contracts are concluded in English. These terms and conditions do not affect your statutory rights.

Shipping and Delivery

Goods will be delivered to you, the buyer, at the address you provide on the order form. We can deliver to an address other than the billing address, but extra documentation may be needed to comply with such orders. You will become the owner of goods you have ordered when they have been paid for and delivered to the specified shipping address. Any dates quoted for delivery of goods are approximate only and we shall not be liable for any delay in delivery of goods however caused. If, however, we are unable to deliver your goods by the date quoted for delivery, you, the buyer, shall be entitled to cancel the order at any time before delivery takes place.

We employ professional carriers. Nevertheless, you must examine goods on arrival. We will refund the full purchase price including postage and packing of an item that is delivered in a damaged or faulty condition or which develops a fault within 3 months from delivery (other than due to normal wear and tear, failure to follow instructions or misuse). Alternatively, at your option, we will replace the item with the same or a similar product (subject to stock availability). If a product is damaged or faulty, please contact us at once and no later than 7 working days of receipt or of the fault developing, and we will arrange a refund or replacement as you request. Sometimes the product specifications from the manufacturer may change, in which case, if you request a replacement, we will do our best to offer you a substitute of the same or better quality at the same price. If you are not happy with the replacement, you can return it in accordance with our returns policy as outlined above under paragraph 8.1. Please allow 30 days from receipt by us of your item for your refund to be processed or replacement item dispatched. We reserve the right to refuse to issue a refund/replacement item and to recover the cost of the returns delivery from you in the event that the item is found to have suffered damage after delivery or has been misused or used other than in accordance with the instructions or if the problem is due to normal wear and tear. This does not affect your statutory rights.

Privacy and Security

In order to monitor and improve customer service, we sometimes record telephone calls. You can find full details of our Privacy Policy on the Website.

Returns and Replacements

If you are not happy with your purchase for any reason, you can return it to us in unused condition for a full refund for the price of the item, minus a 2.6% re-stocking fee, within 10 working days from delivery. We will send you a return code and return address. Write the return code on the outside of the packaging, and then return the product to us at your expense in unused condition and in the original undamaged packaging (or packaging of the same quality) for a full refund less shipping and handling fees. We recommend using an insured delivery service. Returns must be made within 10 working days of delivery. You should allow up to 30 days from receipt by us of your returned goods for your refund to be processed. We will normally refund you using the same payment method that you used to purchase the goods. Postage and packaging charges will not be refunded. This does not affect your statutory rights.

Ordering

Your order will only be accepted if received from within the United States and from a person over the age of 18. All orders are subject to acceptance and availability. If any goods ordered are not available, you will be notified by email and you will have the option either to wait until the item is available from stock, offer you a similar product 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. Any orders you place will be treated as an offer to purchase the goods or services from us and we have the right to reject such offers at any time prior to acceptance.

You shall be responsible for ensuring the accuracy of the details provided on the order form and we will not accept an order unless all details requested on the order form have been entered correctly. You acknowledge that any automated acknowledgment of your order that you may receive from us shall not amount to our acceptance of your offer to purchase goods or services advertised on the Website. The conclusion of a contract between you and us will take place when we accept your order by (i) debiting your credit or debit card, (ii) receiving a payment from you through an electronic payment account, or (iii) dispatching goods to you/making goods available for download by you or commencing the services, whichever occurs earlier. We will take all reasonable care, 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 unauthorized access to any data you provide when accessing or ordering from the Website. Each item or service purchased is sold subject to additional specific terms and conditions relating to that item or service including, without limitation, terms and conditions concerning estimated delivery times and any warranties. Please ensure that you read such additional terms. We are entitled to refuse any order placed by you and will not be required to provide an explanation.

Payment, Pricing and Promotions

All prices do not include Sales Tax, however the Sales Tax will be specified in the checkout process (where applicable) at the current rates and are correct at the time of entering the information onto the system. Prices quoted are for delivery (in the case of goods) and for performance (in the case of services) in the United States of America unless otherwise specified. Prices are specified in US Dollars (US$) unless otherwise specified. We reserve the right, by giving notice to you, the buyer, at any time before delivery or performance to increase the price of goods or services to reflect any increase in the cost to us, which is due to any factor beyond our control (including, but not limited to any foreign exchange fluctuation, significant increase in the costs of labor, materials or other costs of manufacture). In the unlikely event of there being such an increase in the price of goods or services you, the buyer, shall be entitled to cancel the order at any time before delivery or performance. In the unlikely event that the price or description of an item or service has been incorrectly advertised, we will contact you by email, telephone or mail to ask whether you wish to proceed with your order with the correct price or description. If you do not choose to proceed, or we are unable to obtain your instructions, we will cancel the order. Unless we have already dispatched or commenced performance of your order, we will not be obliged to supply products or provide services at the incorrect price or based on an incorrect description. Payment can be made by any major credit or debit card or through an electronic payment account as explained on the order form. Payment will be debited and cleared from your account before the dispatch of your goods or provision of the service to you. By placing an order, you, the buyer, consent to payment being charged to your debit/credit card account or electronic payment account as provided on the order form. Title to the goods will pass to you, the buyer, on delivery of the goods. We will issue you with an electronic receipt to your email address once the goods have been dispatched. When you pay for your order by credit or debit card, we carry out checks or 'authorizations' with the card issuer for security reasons. Should any problems occur with the authorization of your card, we will contact you with further details.

Website

We attempt to ensure that the information available on the Website at any time is accurate. However, we will not be held liable for any errors or omissions. We use all reasonable care to correct errors and omissions as quickly as practicable after becoming aware or being notified of them. Products, services, prices and offers are only valid at the time they are published on our Website. All images should be used only as a guide or representation of the item. All drawings, descriptive matter and specifications of goods and services on the Website are for the sole purpose of giving an approximate description of the goods and services. We may also change, suspend or discontinue any aspect of the Website, including the availability of any features, information, database or content or restrict access to parts or the entire Website without notice or liability. We reserve the right to: modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have changed. You may not use the Website for any of the following purposes: disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material; transmitting material that encourages conduct that constitutes a criminal offense, results in civil liability or otherwise; breaches any relevant laws, regulations or code of practice; gaining unauthorized access to other computer systems; interfering with any other person's use or enjoyment of the website; breaching any laws concerning the use of public telecommunications networks; interfering or disrupting networks or websites connected to the Website; and making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner. We reserve the right to refuse to post material on the Website or to remove material already posted on the website.

Liability and Indemnity

The website is provided on an 'as is' and 'as available' basis without any representation or endorsement made and we make no warranties, whether express or implied, in relation to the website, or any transaction that may be conducted on or through the website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade custom. You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the website and any information provided by you. You must bear the risk associated with the use of the Internet. We will use reasonable endeavors to verify the accuracy of any information on the website but make no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the website or that it will be timely or error-free, that defects will be corrected, or that the website or the server that makes it available are free of viruses or bugs. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and we accept no liability of any kind for any loss or damage from action taken in reliance on material or information contained on the website. We will use all reasonable endeavors to carry out our obligations within a reasonable period of time but will not be liable to you, the buyer, for any loss, costs or expenses arising directly or indirectly from any delays in doing so and we will not be deemed to be in breach of these Conditions by reason of any delay in performing, or any failure to perform, any of its obligations in relation to these Conditions, if the delay or failure was due to any cause beyond our reasonable control. We will not be liable, in contract or tort (including, without limitation, negligence), or in respect of pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise for: any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or any loss of goodwill or reputation; or any special or indirect losses suffered or incurred arising out of or in connection with the provision of any matter under the Conditions. You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Conditions by you, or any other liabilities arising out of your use of this website or any other person accessing the website using your Personal Information with your authority. This clause does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.

Registration

You warrant that the personal information which you are required to provide when you register is true, accurate, current and complete in all respects. You are not impersonating any other person or entity and you will notify us immediately of any changes to your personal information by emailing or telephoning our customer service representatives.

Governing Law and Jurisdiction

The website is controlled and operated in the United States of America. The laws of The United States of America will govern the Conditions and you irrevocably agree to submit to the exclusive jurisdiction of the courts of the State of New York.