Terms & Conditions

General

Please read the following terms and conditions carefully. By ordering Goods from www.cheekyelephant.co.uk ("Site") you are deemed to have understood and accepted these terms.

The supplier of the Goods featured is cheeky elephant, 84 Ellerton Road, London, SW18 3NJ. You may contact us at this address or by email via our contact us page or phone us on 07903 559762. Your use of our Site is also subject to the terms of our Privacy Policy and Terms of Use sections of our Site.

Meanings

For the purposes of these Terms and Conditions the following words have the following meanings:

Contract - the contract for sale by us and purchase of Goods by you.

Goods - the range of products that are available for purchase from this Site.

Site - our World Wide Web address: www.cheekyelephant.co.uk

Delivery Addresses

Please ensure your address details are filled in correctly. cheeky elephant cannot be held responsible for orders being sent to the incorrect address if the details are inaccurate.

Orders and Contract Formation

Your order is accepted and a contract formed between cheeky elephant and you when we dispatch the Goods you have ordered and not before. A contract is not formed at the point in time that payment has been taken from you by cheeky elephant, nor at the point in time that you receive an email from cheeky elephant acknowledging receipt of your order. Until the goods are dispatched the order may not be accepted by cheeky elephant or may be cancelled by you.

Delivery Charges

Our standard delivery charge to the mainland UK is £4 per order no matter how large your order.

Prices & Payment

All prices shown are cash prices in sterling. When you make a purchase from cheeky elephant please make sure you do this in the currency of your bank or credit card. Please note that it is common practice for banks and credit card providers to have different selling and buying exchange rates for currency. cheeky elephant does not accept responsibility for charges or differing rates of currency exchange levied by a customer's bank or credit card provider.

Cancellation

Under the Consumer Protection (Distance Selling) Regulations 2000 you have the right to cancel your order within 7 working days following receipt of your Goods. cheeky elephant has extended this period (as a gesture of goodwill) to be 30 days.  You must inform us of your wish to cancel in writing within 30 working days following the date of receipt and must take reasonable care of the products and not use them. You can inform us of your wish to cancel by using out contact us page. If you return products to us, we will not be responsible for any loss or damage to them during transit and we recommend that you use a recorded or secure delivery method. If goods are lost or damaged in transit, we may charge you, or not refund to you, amounts that are attributable to the loss or damage.

For full details of your rights under the Distance Selling Regulations, please contact your local Trading Standards office or Citizens' Advice Bureau.  Full details of how to return Goods can be found in the Returns section of the FAQs page.

Returns

In addition to your rights described under the Distance Selling Regulations above, in the unlikely event you are not entirely satisfied with your purchase or the item is not to your taste, you can simply return it to us in its original, saleable condition with a returns note stating the reason for return.

Please allow 10 working days from our receipt of your returns for us to process a refund.  The time frame is dictated by your bank or card issuer and is outside of our control.  Your refund will be credited to the same card with which you made your original purchase.  If there is a problem with issuing a refund to your card, we will contact you.  Subject to your rights under the Distance Selling Regulations, your initial delivery charge will only be refunded, if the item/s were faulty or the wrong item/s were sent.  In all other cases (except those under the Distance Selling Regulations) you will be refunded the full value of the item/s returned less the delivery charge.  If a discount was applied to your original order, the amount refunded will be adjusted accordingly.

The cost and care of returning the item(s) is your responsibility. We strongly recommend that you send the parcel by recorded delivery mail and keep a copy of the recorded delivery number just in case your parcel goes missing. cheeky elephant is not responsible for items lost by recorded delivery mail in the returns process.

In the event of a refund, cheeky elephant does not accept any liability, and will not refund you, for any currency charges levied by your bank or credit card provider on the initial purchase or for any difference in the buying and selling exchange rates for currency used by your bank or credit card provider.

If you have any questions, please contact us 

Usage and availability

All products are sold on the basis that they are suitable for domestic use only. Please contact us for further information if you intend using any products in a business or public environment.  All orders for Goods are subject to availability.

Colour Reproduction and Detailing

All of our goods are individually handmade which may result in minor variations from your product and the one shown on our website.  Every reasonable care has been taken to ensure that the descriptions are accurate however, specifications may change.

Complaints

If you do have a complaint please contact us. We aim to deal with complaints speedily and sympathetically. All complaints are logged, investigated and replied to.

Terms of Use of Site

This Site is provided to you for your personal use subject to the following Terms of Use of the Site ("Terms of Use") following. By using the Site you agree to be bound by these terms.  We may update this Terms of Use from time to time for legal or regulatory reasons or to allow the proper operation of the Site. Any changes will be notified to you via the blog on the Site. The changes will apply to the use of the Site after we have given you notice. If you do not wish to accept the new Terms of Use you should not continue to use the Site. If you continue to use the Site after the date on which the change comes into effect, your use of the Site indicates your agreement to be bound by the new Terms of Use.

Availability of the Site

We cannot promise that the Site will be fault-free. If a fault occurs with the Site you should report it to cheekyelephant@gmx.com and we will attempt to correct the fault as soon as we can. Your access to the Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new content. We will attempt to restore access as soon as we reasonably can.

Intellectual property

The content of the Site is protected by copyright, trademarks, database right and other intellectual property rights. You may retrieve and display the content on the Site on a computer screen, store such content in electronic form on disk (but not on a server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Site without written permission from cheeky elephant.

Liability

The Site provides content from other internet sites or resources and while cheeky elephant tries to ensure that material included on the Site is correct, reputable and of high quality, it does not make any warranties or guarantees in relation to that content. If cheeky elephant is informed of any inaccuracies in the material on the Site we will attempt to correct the inaccuracies as soon as we reasonably can.

If we are in breach of these Terms of Use, we will only be responsible for any losses that you suffer as a result and to the extent that they are a foreseeable consequence of both of us at the time you use the Site. Our liability shall not in any event include business losses such as lost data, lost profits or business interruption.  This clause shall not limit or affect our liability if something we do negligently causes death or personal injury.

Overseas use of the Site

We make no promise that the materials on the Site are appropriate or available for use in locations outside the United Kingdom, and accessing the Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access the Site from elsewhere, you do so on your own initiative and are responsible for compliance with local laws.

Data Protection and Privacy

Any details that you provide to us from which we can identify you are held and processed in accordance with our Privacy Policy on our Site.  E-mails to you will be sent to the address you specify to us. You must only provide us with a valid e-mail address and it is your responsibility to inform us of any changes to that address. 

Disclaimers

Your use of the Site is at your sole risk. The Site is provided on an "as is" and "as available" basis and we do not guarantee that the Site will be suitable for your purposes or requirements. If your PC does not support relevant technology including encryption, you may not be able to use certain services or access certain information on the Site. The Site is accessed via the World Wide Web which is independent of us. Your use of the World Wide Web is solely at your own risk and subject to all applicable national and international laws and regulations. We shall have no responsibility for any information or services obtained by you on the World Wide Web.

The content of the Site has been compiled from a variety of sources and is subject to change without notice. We use reasonable care in compiling and presenting the content of the Site, but we give no guarantee that the content is complete, accurate, error or virus free or up to date. We will have no responsibility for any variations in colour or appearance caused by your browser software or computer system. Product specifications and descriptions are not intended to be binding and are intended to only give a general description of the products.

So far as permitted by law, we disclaim all warranties, conditions and other terms of any kind, whether expressed or implied, whether in contract, tort (including liability for negligence) or otherwise, including, but not limited to any implied term of satisfactory quality, fitness for a particular purpose, and any standard of reasonable care and skill.

Dealings with Third Parties

The Site may provide, or third parties may provide, links to other web sites or resources, and promotions of advertisers and merchants. As we have no control over such sites and third party resources, you acknowledge that we are not responsible for the availability of such external sites or third party resources, do not endorse and are not liable for any content, advertising, products, services or other materials on or available from such sites or third party resources. Any dealings by you with any third party on or through the Site shall be solely between you and that third party and we shall not be responsible for any loss or damage that may arise from any such dealings, nor shall we be deemed to be acting as an agent for you in any such dealings.

Written Terms

cheeky elephant intends to rely upon the written terms set out here. If you require any changes, please make sure you ask for these to be put in writing by cheeky elephant. This will ensure that any problems are avoided in understanding what cheeky elephant and you the customer are expected to do.

Language

This information is supplied in English and is the only language we will communicate in during your agreement with us.

Copyright

© Copyright 2013 care of cheeky elephant

Law

Our agreement with you is based upon English law and the laws relating to this agreement are the laws of England and Wales.