Company Details
Thank you for visiting the Chewigem website. Please use this section for information about the terms and conditions that govern your use of the site. If you have any further questions, please contact or write to:
Jenny & Stuart McLaughlan (Directors)
Gemious Ltd
The Workshop
Rosemill Road, Bridgefoot
Birkhill, Dundee
DD3 0PW
Contract For Sale
These are the terms and conditions of our agreement which apply to all purchases of products by you from www.chewigem.com and you should read them carefully. We may vary these terms from time to time and therefore you should check them before you make a new purchase.
Order – You can submit an order for products by completing the details required on the order summary page and clicking the order button. All prices are reflected in £UK Sterling and include VAT where applicable, providing delivery is to a location in the UK. Orders outside of the United Kingdom may be subject to an additional charge. Goods supplied are not for resale. We are under no obligation to accept your order, but would normally do so where the product is available, the order reflects current pricing and your credit card/debit card or PayPal payment is approved by PayPal or your credit card/debit card company.
The Offer – The display of any product on our website is in no way an offer by us to sell to you. It is your response that is the offer. Accordingly, we are not liable to sell you any product that might be quoted at a price lower than that meant by us.
Acceptance of Order – We will acknowledge your offer to purchase our products via an order confirmation email which will be received shortly after your order is placed. Acceptance of your order will occur on completion of dispatch, for which you will receive an email. At that point, a binding agreement between us will be in place on these terms and conditions*. If we do not accept your order for any reason we will email you to advise you of the change. *but subject to our right to withdraw such acceptance where your offer relates to goods that have been priced below that which we intended and/or where discounts have been applied or used in error.
Delivery – We make every effort to deliver all products within the United Kingdom within seven working days of acceptance of your order. Where this is not possible, we or our couriers will notify you and, unless we state otherwise, ensure that your products are delivered within 30 days from acceptance, provided the address is within the EU. This may not apply in respect of deliveries outside of the EU. All deliveries will be made to you at the address specified by you in the order. We may, at our discretion and expense, deliver parts of your order separately. Ownership of the products shall pass to you once we have received payment in full.
Payment – Delivery will be charged at check out and you can select your preferred delivery option. We take every reasonable care to ensure that your order and subsequent transactions are conducted via a secure link. As we are not responsible for the operation of the secure link we will not, unless we are negligent, be liable for any loss you may suffer if a third party obtains unauthorised access to any information you provide via such link. If products are not available for any reason after we have accepted your order, we will let you know. We will not charge you for these products and will refund any amounts already paid (if any) by way of a credit to your credit card/ debit card or PayPal account.
Consumer Contracts Regulations 2013
This legislation gives you the following cancellation rights when you buy online or by phone.
- You have the right to cancel any order that you make with us online or over the phone within 14 days without any reason. Cancellation will result in a full refund including the cost of delivery. However, return postage costs will be born by the purchaser. The cancellation period will expire after 14 days from the day on which you acquire or, if the order is a gift to be delivered to a third party, the day on which the third party specified by you in the order acquires physical possession of the goods that you have ordered (the ‘Cancellation Deadline’);
- To exercise the right to cancel, you must inform us of your decision to cancel your order by sending a clear statement either by e-mail to our Customer Care Team at help@chewigem.com; or in writing to Customer Care Centre, Gemious Ltd, The Workshop, Rosemill Road, Bridgefoot, Birkhill, Dundee, DD3 0PW;
- I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of for the supply of the following goods:
Ordered on [*]/ received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s)
Date - To meet the Cancellation Deadline, you must send us your communication concerning your exercise of the right to cancel before the Cancellation Deadline has expired;
Effect of Cancellation
If you cancel an order, we will reimburse to you all payments received from you in respect of that order including the costs of delivery up to 14 days, however, return postage costs remain the consumer’s liability (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). We will make the reimbursement without undue delay, and not later than:
- 14 days after the day we receive back from you any goods supplied; or (if earlier), 14 days after the day you provide evidence to us that you have returned the goods; or
- If there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel the order.
- If you wish to exercise your right to cancel, you are obliged to retain possession of the goods and take reasonable care of them until they are returned;
- You must send the goods back to us without undue delay and in any event not later than 14 days from the day on which you notify us of the cancellation of your order. You are responsible for the costs of returning the goods.
We may make the reimbursement using the same means of payment as you used for the initial transaction unless you have agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
We may make a deduction from the reimbursement for loss of value of any goods supplied, if the loss is the result of unnecessary handling by you (i.e. in excess of what is necessary to establish the nature, characteristics and functioning of the goods).
Refunds and Exchanges
Please note that in addition to your general right to cancel set out above, we operate an
Exchange, Refund and Cancellation Policy. You should read this policy as it gives you extra benefits. This Policy may be found under Delivery and Returns at the bottom of the website.
The advertising of products on the site is the way in which we are able to display all the items available to buy through the site. We aim to keep all products in stock, however, due to the nature of this business it is inevitable that we may suffer on occasion from being out of stock on some items due to supply chain issues and demand. When items become out of stock, this will be clearly marked on the site. On the rare occasion you have taken a product to check out which is no longer in stock, we will email you to inform you of this and give you three options:
- To wait for the item to become available and process the order at that time (timelines will be given).
- To choose an alternative product that is in stock and priced the same as your order for immediate dispatch.
- Cancel your order and we will issue a full refund.
Any contracts or agreements formed between yourself and Gemious Ltd through this website shall be governed and construed according to UK law and any disputes or proceedings shall be subject to the exclusive jurisdiction of the UK courts.
Quality
Each product is carefully made to ensure they meet the required standards. Please be aware that whilst we take great care to accurately describe the products shown on our website, the mixing process of the colours is random and as such their composition and colour may vary slightly from that shown, meaning each product is unique.
We will do everything possible to ensure that you can be confident of making a secure, risk-free purchase from us, but In the unlikely event that you are unhappy in any way with our service or products, please contact us immediately and we will attempt to put things right or arrange for a return.
You also have the right to an Alternative Dispute Resolution and this can be done using this link European Online Dispute Resolution platform
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage
Our Guarantee
- Quality – All our products are manufactured to a very high standard. Items cannot be compared to similar products found elsewhere.
- Confidence – Secure online payment system via PayPal, Amazon or Realex merchant gateway.
- Peace of Mind – A no quibble returns policy
We also offer a 3-Point Guarantee on Chewigem Original products. Find out about more about the promise we make to our customers and lots more useful information on how to prolong the life of your Chewigem by visiting the
Guarantee Page
Copyright
All rights, including copyright, in the content of these web pages are owned or controlled for these purposes by Gemious Ltd.
You are not permitted to copy, download, store (in any medium), adapt or change in any way the content or images contained within the web pages of chewigem.com for any reason whatsoever without the prior written permission from Gemious Ltd.
Trademarks
The ® sign means that Chewigem is a registered trademark, as such anyone attempting to sell or pass off under this brand name whether intentionally or otherwise will be subject to legal proceedings being issued against them.
Product Designs
All designs are protected by design rights and copying or imitation of designs will not be tolerated and acted upon swiftly by the appropriate legal channel.
Terms & conditions of Competition
In deciding the winner for a competition Gemious Limited’s decision is final. Prizes will be delivered up to four weeks after the competition has closed. By entering a competition online, you accept the terms and conditions outlined here and within the community guidelines.
Please tick the checkbox in the shopping cart to accept these terms and conditions. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.
- INFORMATION ABOUT US
- We operate the website www.chewigemi.com. We are Gemious Limited, a company registered in Scotland under company number SCO441656 and with our registered office and trading address at The Workshop, Rosemill Road, Bridgefoot, Birkhill, Dundee, DD3 0PW. Our VAT number is GB 142403356
- SERVICE AVAILABILITY
- Our site is able to sell worldwide
- YOUR STATUS By placing an order through our site, you warrant that:
- You are legally capable of entering into binding contracts; and
- You are at least 18 years old;
- WARRANTY
We warrant to you that any Product purchased from us through our site will, on delivery, conform with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied. - OUR LIABILITY
- Subject to clause 12.2, if we fail to comply with these terms and conditions we shall only be liable to you for the purchase price of the Products.
- Any breach of the obligations implied by section 12 of the Sale of Goods Act 1979.
- Defective products under the Consumer Protection Act 1987, or
- Any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
- WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights. - NOTICES
All notices given by you to us must be given to Gemious Limited at hello@chewigem.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 13 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. - TRANSFER OF RIGHTS AND OBLIGATIONS
- The contract between you and us is binding on you and us and on our respective successors and assignee’s.
- You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
- We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
- INTELLECTUAL PROPERTY RIGHTS
- We are the owner or the licensee of all intellectual property rights in our site, whether registered or unregistered, and in the material published on it. These works are protected by copyright laws and all such rights are reserved.
- You may print off one copy, and may download extracts, of any pages from our site for your personal reference. You must not use any part of our copyright materials for commercial purposes without first obtaining a licence to do so from us and our licensors.
- If you post comments on the Products or Services to any website, blog or social media network (Commentary) you must ensure that such Commentary represents your fairly-held opinions. By subscribing to the Services you irrevocably authorise us to quote from your Commentary on our site and in any advertising or social media outlets which we may create or contribute to.
- EVENTS OUTSIDE OUR CONTROL
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
- A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- Strikes, lock-outs or other industrial action;
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disasters;
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- Impossibility of the use of public or private telecommunications networks; and
- The acts, decrees, legislation, regulations or restrictions of any government.
- Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
- WAIVER
- If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
- A waiver by us of any default will not constitute a waiver of any subsequent default.
- No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13 above.
- SEVERABILITY
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law. - ENTIRE AGREEMENT
- These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
- We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
- Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
- Nothing in this clause limits or excludes any liability for fraud.
- OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
- We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
- You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within fourteen working days of receipt by you of the Products).
- LAW AND JURISDICTION
- Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by UK law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the UK courts.
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