terms & conditions

Please read the following important terms and conditions before you buy anything on our website and check that they contain everything which you want and nothing that you are not willing to agree to.

Trial Period

If you are purchasing goods from us as part of our trial period please note the following:

·      The trial period will run from midnight 16 June 2019 to midnight 14 July 2019.

·      Your order will not be accepted by us until the end of the trial period and only if we have sold a minimum of 150 suitcases.

·      If by the end of the trial period we have received 300 orders or more then we will email you to confirm your order and payment will be confirmed.

·      If by the end of the trial period we have received less than 300 orders then all orders will be cancelled and funds will be returned.

·      The goods will then be delivered in time for Christmas 2019 and we will email you nearer the time to confirm your delivery date. You agree that the goods will notbe delivered within 30 days of your order being placed.  

·      Your statutory cancellation rights during the trial period will not be affected. You may still cancel your order within 14 days of receiving the suitcase(s) and your right to a refund in the event the goods are faulty shall not be affected.

The terms that apply during the trial period shall take precedence over the terms and conditions set out below.

Summary of some of your key rights

By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 say that we must give you certain key information before a legally binding contract between you and us is made (see below). We will give you this information in a clear and understandable way. Some of this information is likely to be obvious from the context. Some of this information is also set out in this contract, such as information on our complaint handling policy.

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that up to 14 days after receiving yourgoods, in most cases, youcan change your mind and get a full refund.

The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of yourproduct you're entitled to the following:

—up to 30 days: if yourgoods are faulty, then youcan get a refund;

—up to six months: if they can't be repaired or replaced, then you’re entitled to a full refund, in most cases;

—up to six years: if the goods do not last a reasonable length of time, youmay be entitled to some money back.

This is a summary of some of your key rights. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call 03454 04 05 06.The information in this summary box summarises some ofyourkey rights. It is not intended to replace the contract below which youshould read carefully.

In this contract:

who are we?

Weare registered in England and Wales under company number: 09999032.

Our registered office is at: Centenary House Peninsula Park, Rydon Lane, Exeter, United Kingdom, EX2 7XE.

Our geographical address is at: Warnicombe House, Newte’s Hill, Tiverton, Devon, EX16 4PP

Our VAT number is: 239647568

The details of this contract will not be filed with any relevant authority by us.

1. Introduction

1.1. If you buy goods on our site 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.

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 4.2.1); or

2.1.2. contact us using the contact details on our webpage.

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. 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. Our Privacy Policy is available at www.heychesto.com.

4. Ordering goods from us

4.1. Below, we set out how a legally binding contract between you and us is made.

4.2.  You place an order on the site by pressing the ’buy now’ button at the end of the online checkout process. Please read and check your order carefully before submitting it. However, if you need to correct any errors you can do so before submitting it to us.

4.2.1. When you place your order at the end of the online checkout process, we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted.

4.2.2. We may contact you to say that we do not accept your order. This is typically for the following reasons:

4.2.2.1. the goods are unavailable;

4.2.2.2. we cannot authorise your payment;

4.2.2.3. you are not allowed to buy the goods from us;

4.2.2.4. we are not allowed to sell the goods to you;

4.2.2.5.  you have ordered too many goods; or

4.2.2.6. there has been a mistake on the pricing or description of the goods.

4.2.3. We will only accept your order when we email you to confirm this (Confirmation Email). At this point:

4.2.3.1. a legally binding contract will be in place between you and us; and

4.2.3.2. we will dispatch the goods to you.

5.  Right to cancel this contract

5.1. You have the right to cancel this contract during the cancellation period.

5.2.  The cancellation period starts when you place the order and will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.

5.3. To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (eg a letter sent by post, fax or email). You can use the model cancellation form set out in the box below, but it is not obligatory.

Cancellation form

To HeyChesto Limited, Warnicombe House, Newte’s Hill, Tiverton, Devon, EX16 4PP

I] hereby give notice that I cancel my contract of sale of the following goods [*],

Ordered on [*]/received on [*],

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

[*] Delete as appropriate

5.4. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

6. Effects of cancellation

6.1. If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (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).

6.2. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.

6.3. We will make the reimbursement without undue delay, and not later than:

6.3.1. 14 days after the day we received back from you any goods supplied; or

6.3.2. (if earlier) 14 days after the day you provide evidence that you have returned the goods; or

6.3.3. if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.

6.4. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

6.5. If you have received goods:

6.5.1. you shall send back the goods, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired; and

6.5.2. you will have to bear the direct cost of returning the goods.

7. Delivery

7.1. The estimated date for delivery of the goods is set out in the Confirmation Email (see clause 4.2.3).

7.2. If something happens which:

7.2.1. is outside of our control; and

7.2.2. affects the estimated date of delivery;

we will let you have a revised estimated date for delivery of the goods.

7.3. Delivery of the goods will take place when we deliver them to the address that you gave to us.

7.4.  Unless you and we agree otherwise, if we cannot deliver your goods within 30 days, we will:

7.4.1.  let you know;

7.4.2.  cancel your order; and

7.4.3. give you a refund.

7.5.  If nobody is available to take delivery, please contact us using the contact details on our webpage.

7.6. You are responsible for the goods when delivery has taken place. In other words, the risk in the goods passes to you when you take possession of the goods.

7.7. We do not make deliveries to any addresses outside of the UK.

7.8. We may deliver your goods in instalments. If you want to see whether your goods may be delivered in this way, see your Conformation Email.

8.  Payment

8.1. We accept the following credit cards and debit cards: Visa and Matercard. We do not accept cash.

8.2.  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.

8.3. Your credit card or debit card will only be charged when the goods are dispatched.

8.4. Nothing in this clause affects your legal rights to cancel the contract during the ‘cooling off’ period under clauses 5 and 6.

8.5. The price of the goods:

8.5.1. is in pounds sterling £GBP295 for the first 300 suitcase sold, £GBP415 thereafter;

8.5.2. includes VAT at the applicable rate; and

8.5.3. does not include the cost of delivering the goods.

9. Nature of the goods

9.1. The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example, the goods:

9.1.1. are of satisfactory quality;

9.1.2. are fit for purpose;

9.1.3. match the description, sample or model; and

9.1.4.  are installed properly (if we install any goods).

9.2. We must provide you with goods that comply with your legal rights.

9.3. The packaging of the goods may be different from that shown on the site.

9.4. While we try to make sure that the colours of our goods are displayed accurately on the site, the actual colours that you see on your computer may vary depending on the monitor that you use.

9.5. Any goods sold:

9.5.1.  at discount prices;

9.5.2. as remnants; or

9.5.3. as substandard;

will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.

10. Faulty goods

10.1.  Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’), are set out at the top of this contract. They are a summary of some of your key rights. For more detailed information on your rights and what you should expect from us, please:

10.1.1.  contact us using the contact details on our webpage; or

10.1.2. visit the Citizens Advice website www.citizensadvice.org.uk or call 03454 04 05 06.

10.2.  Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.

10.3.  Please contact us using the contact details on our webpage, if you want:

10.3.1.  us to repair the goods;

10.3.2.  us to replace the goods;

10.3.3.  a price reduction; or

10.3.4.   to reject the goods and get a refund.

11.  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.

12.  Limit on our responsibility to you

12.1.  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:

12.1.1.  losses that:

12.1.1.1.  were not foreseeable to you and us when the contract was formed; or

12.1.1.2.  that were not caused by any breach on our part;

12.1.2.  business losses; and

12.1.3. losses to non-consumers.

13.  Disputes

13.1.  We will try to resolve any disputes with you quickly and efficiently.

13.2.  If you are unhappy with:

13.2.1. the goods;

13.2.2. our service to you; or

13.2.3. any other matter,

please contact us as soon as possible and we will seek to resolve the dispute using our internal complaint handling procedure.

13.3. If you want to take court proceedings, the courts of the part of the United Kingdom in which you live will have non-exclusive jurisdiction in relation to this contract.

13.4. The laws of England and Wales will apply to this contract.

14. Third party rights

No one other than a party to this contract has any right to enforce any term of this contract.