The following sets out the Terms and Conditions of making an order via our website. Please note that we cannot be held responsible for any purchases made via a third party retailer.
Application
These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are CALM OUT OF CHAOS, a company registered in England and Wales under number 12179192 (the Supplier or us or we).
These are the terms by which we sell all goods to you. By ordering any of the goods, you agree to be bound by these Terms and Conditions. You can only purchase the goods from the website if you are eligible to enter into a contract and are at least 18 years old.
Interpretation
Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
Contract means the legally-binding agreement between you and us for the supply of the Goods;
Delivery location means the location where the goods are to be dispatched to, as set out in the order confirmation;
Durable medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
Goods means the goods advertised on the website;
Order means the customer's order for the goods from the supplier as submitted following the step by step process set out on the website;
Privacy policy means the terms that set out how we will deal with confidential and personal information received from you via the website;
Website means our website (www.calmoutofchaos.com) on which the goods are advertised.
Goods
The description of the goods is as set out in the website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the goods supplied.
In the case of any goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
All goods which appear on the website are subject to availability.
We can make changes to the goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
Personal information and registration
When registering to use the website you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else in the interests of security.
We retain and use all information strictly under the Privacy Policy.
We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
Basis of sale
The description of the goods on our website does not constitute a contractual offer to sell the goods. When an order has been submitted on the website, we can reject it for any reason.
The order process is set out on the website. Each step allows you to check and amend any errors before submitting the order. It is your responsibility to check that you have placed your order correctly.
A contract will be formed for the sale of goods ordered only once you have received an email from us confirming the order. You must ensure that the order confirmation is correct and inform us immediately of any errors which we will do our best to amend, however please note we are not responsible for any inaccuracies in the order placed by you. You will receive this within a reasonable time after placing an order, but in any event not later than the delivery of any goods supplied under the contract.
No variation of the contract, whether about description of the goods, fees or otherwise, can be made after it has been entered into unless the variation is agreed by the customer and the supplier in writing.
We intend that these Terms and Conditions apply only to a contract entered into by you as a consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you (for example by giving you rights as a business).
Price and payment
The price of the goods and additional delivery or other charges is set out on the website (or such other price as we may agree in writing). Prices and charges include VAT at the rate applicable at the time of the order. You must pay for your order by submitting your credit or debit card details and we can take payment immediately or otherwise before delivery of the goods.
Risk and title
Risk of damage to, or loss of, any goods will pass to you when the goods are delivered to you. You do not own the goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose by notice to cancel any delivery. If any goods have been delivered to you, you must return them or allow us to collect them.
Conformity
We have a legal duty to supply the goods in conformity with the contract. Upon delivery, the goods will:
be of satisfactory quality;
be reasonably fit for any particular purpose for which you buy the goods and be fit for any purpose held out by us or set out in the contract;
conform to their description.
It is not a failure to conform if the failure has its origin in your treatment of the goods.
Successors and our sub-contractors
Either party can transfer the benefit of this contract to someone else, and will remain liable to the other for its obligations under the contract. CALM OUT OF CHAOS will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
Circumstances beyond the control of either party
In the event of any failure by a party because of something beyond its reasonable control:
the party will advise the other party as soon as reasonably practicable; and
the party's obligations will be suspended so far as is reasonable, provided that said party will act reasonably, and will not be liable for any failure which it could not reasonably avoid, but this will not affect the customer's above rights relating to delivery and any right to cancel.
