Please review these terms carefully, as these Terms of Sale (the “Terms”) govern your purchases on our website and constitute a binding legal agreement between you and chatwin goods & foods ltd, (herein also referred to as “chatwin”, “we” or “us”), the owner of the http://www.chatwin.co website (the “Website”). By ordering products, including products manufactured by chatwin or its agents (“Products”), through the Website, you signify your acceptance of these Terms. These Terms set out your rights and obligations with respect to your purchases, including important limitations and exclusions. All changes to these Terms are effective when posted on the Website. THESE TERMS CONTAIN LIMITATIONS ON LIABILITY; see Sections 11 - 13 for additional details.
- Types of Sales. chatwin accepts orders for Products through the Website. You may place your order on our Website at any time (subject to any planned or unplanned downtime). All Products ordered from the Website will be delivered to the U.S. or Canadian address you specify. You must pay for the Products online at the time you place the order. If you entered a valid address and your order and payment are accepted by us, your order will be shipped pursuant to the terms below. chatwin will send a proof of purchase of the Products to the email address you provide. In addition, chatwin will provide the proof of purchase information through the Website after the purchase transaction is complete, so that you may print the information at the time you complete the order if desired. If you have any questions regarding the ordering process, please contact chatwin by any means listed in the Contact section below.
- Prices and Taxes. Prices offered on the Website are quoted in Canadian Dollars, $CAD or CAD. Such prices do not include sales taxes where applicable. You are responsible for any sales, use, excise, value added, or similar sales taxes, customs duties and brokerage fees that may apply to your order. If the amount you pay for an item is incorrect, regardless of whether it is an error in a price posted on this Website or otherwise communicated to you, then we reserve the right, at our sole discretion, to cancel your order, notify you through the contact information you provided during the order process, and refund to you the amount that you paid, regardless of how the error occurred.
- Payment Methods. chatwin allows you to make your purchases using any of the payment methods described below. Please read carefully our policies with respect to payment methods before you place your order. You may pay by credit, debit, or check card. When you provide chatwin with your card information, and authorize the transaction, chatwin will bill your credit card or process the transaction under your debit or check card you provided. Once your order has been accepted by the Website and the amount owed is authorized by the issuing bank of your card, chatwin will send you confirmation to the email address you provided indicating that your order has been accepted (“Order Confirmation”). chatwin accepts American Express, MasterCard, and Visa (subject to change without notice) with a billing address within the United States or Canada. Debit cards and check cards have daily spending limits that may substantially delay the processing of your order. The Website requires the security code of your card for any online purchase to protect against the unauthorized use of your card by other persons. The security code is an individual three or four digit number specific to your card that may be printed on the face of your card above the embossed account number (if American Express), or on the back of your card, on the signature panel (if Visa or MasterCard). You represent and warrant that you have the right and are authorized to use the credit, debit or check card you present to purchase Products and that the billing and related information you provide is accurate and truthful. If for any reason you have not authorized charges to be made to your credit, debit or check card, or your credit, debit or check card issuer does not pay chatwin for charges, chatwin reserves the right to immediately suspend or terminate the fulfillment of your order.
- Product Descriptions; All Sales Final. We attempt to describe and display the items offered on the Website as accurately as possible; however, we do not warrant that the descriptions or other content on the Website are accurate, complete, reliable, current or error-free.Unless you are provided with information to the contrary from us and subject to Product Warranties and our Guarantee stated below, all Product sales are final.
- Payment Disputes. Subject to our Guarantee and Warranty stated below, if you dispute any charge for purchases of Products on the Website, you must notify chatwin in writing within sixty (60) days of any such charge; failure to so notify chatwin shall result in the waiver by you of any claim relating to such disputed charge; and charges shall be calculated solely based on records maintained by chatwin.
- Changes. In the event chatwin agrees to a modification of a Product purchase transaction, chatwin may revise prices, dates of delivery, and warranties with respect thereto.
- Shipment and Delivery. You must pay for Product shipping costs to your designated locations within the ordering process prior to shipment of such Products. Accepted orders will be processed and Products will be shipped to valid physical addresses within the U.S. and Canada. Exact shipping dates are unknown at the time you place the order and may exceed 30 days after your order is accepted. chatwin will notify you if any order is estimated to take longer than 90 days to ship from the time the order is placed by you and accepted by chatwin. In such circumstances, chatwin will include in the notice your options as it relates to the order for Products that take longer than 90 days to ship. Products may be shipped by chatwin or direct from one of our independent contractors. All claims of shortages or damages suffered in transit must be submitted directly to the chatwin within the Guarantee period stated below. chatwin reserves the right to make partial shipments. chatwin is not bound to deliver any Products for which you have not provided shipping instructions, which include a valid email and phone number where you may be reached. Products may not be returned without the prior written consent of chatwin through our RMA process stated below.
- Inspection. Subject to the Warranty and Guarantee stated below, Products are accepted by you no later than the thirtieth (30th) day following delivery of Products unless the parties otherwise agree in writing; after acceptance is deemed completed, you waive any right to reject Products for nonconformity herewith.
- 30-DAY SATISFACTION GUARANTEE (“Guarantee”). If you are unsatisfied with your purchase from chatwin for any reason, you have thirty (30) days from the date of purchase to request a refund. Email us directly at hello[at]chatwin[dot]co
- chatwin will offer you one of the following options upon receipt and verification of returned product:
chatwin shall bear the cost of return shipping to chatwin only if the Product is shipped with the 30-Day Satisfaction Guarantee.
- A refund for the original purchase price plus applicable taxes (minus original shipping & handling costs). Refunds can only be credited to Visa, MasterCard or American Express credit/debit cards and only in CAD dollars. Guarantee Terms & Conditions: Shipping and handling charges are not refundable unless chatwin determines that: (1) the charges requested are legitimate and reasonable; and (2) the Product is inoperable and/or fails to operate substantially in accordance with the accompanying documentation through no fault of the original purchaser or through no fault of a third person, including the limitations and/or disqualifying actions expressed in the chatwin 30-Day Satisfaction Guarantee.
- chatwin retains the right to either refuse delivery of such return or refuse replacement or refund. Refunds will be processed and paid within two (2) weeks of chatwin receipt and verification of return product.
- Limitation of Liability. (A) IN NO EVENT WILL CHATWIN BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR REVENUES, LOSS OF DATA, LOSS OF USE OF THE PRODUCT OR ANY ASSOCIATED EQUIPMENT, COST OF ANY REPLACEMENT GOODS OR SUBSTITUTE EQUIPMENT, LOSS OF USE DURING THE PERIOD THAT THE PRODUCT IS BEING REPAIRED, CLAIMS OF ANY THIRD PARTIES, OR ANY OTHER DAMAGES ARISING FROM CHATWIN’S BREACH OF THIS AGREEMENT, INCLUDING THE LIMITED WARRANTY, OR THE USE OF THE PRODUCT, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF CHATWIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (B) IN NO EVENT WILL CHATWIN’S TOTAL CUMULATIVE LIABILITY EXCEED THE PRICE PAID BY YOU FOR THE PRODUCT PURCHASED BY YOU.
- Some states do not allow the exclusion or limitation of incidental or consequential or other damages, so the above limitation or exclusion may not apply to you. If you have any questions concerning this statement of limited warranty please email chatwin at: hello[at]chatwin[dot]co
- Indemnification. Except to the extent a claim arises out of chatwin’s fraud or willful misconduct, you agree to defend, indemnify and hold harmless chatwin, its members, affiliates, partners, and their officers, directors, partners, shareholders agents, licensees and employees (cumulatively “chatwin Indemnitees”) from and against all claims, actions, liabilities, losses, expenses, damages and costs, including but not limited to attorney’s fees that may, at any time, arise from or relate to any Products purchased through our Website, including, without limitation, for any causes of action arising from your misuse of the Products.
- Excuse of Performance. chatwin shall not be liable for any failure or delay in performance due in whole or in part to any cause beyond the reasonable control of chatwin or its contractors, agents or suppliers, including but not limited to utility or transmission failures, power failure, strikes or other labor disturbances, acts of God, acts of war or terror, floods, sabotage, fire, natural or other disasters.
- Export Control. You may not use or otherwise export or re-export the Products purchased via the Website except as authorized by the laws of the jurisdiction in which the Products were obtained. In particular, but without limitation, the Products may not be exported or re-exported in violation of export laws, including if applicable export or re-export into any US-embargoed countries or to anyone on the US Treasury Department’s list of Specially Designated Nationals or the US Department of Commerce Denied Person’s List or Entity List. By using the Website, you represent that you are not located in any country or on any list where the provision of Product to you would violate applicable law. You also agree that you will not use Products for any purposes prohibited by applicable law.
- General Provisions. These Terms constitute the entire agreement between the parties and supersedes all other communications between the parties relating to the subject matter of the Terms. The Terms may be amended, modified, or supplemented only in a writing signed by both parties. No waiver by either party of a breach hereof shall be deemed to constitute a continuing waiver of any other breach or default or of any other right or remedy, unless such waiver is expressed in writing signed by both parties. The rights that accrue to chatwin by virtue of these Terms shall inure to the benefit of chatwin’s successors and assigns. Other terms may govern services purchased from chatwin. Please contact us through any means listed below or review those terms as presented on the Website or as otherwise provided to you by chatwin.
- Notices. chatwin may give you all notices (including legal process) that chatwin is required to give by any lawful method, including by posting notice on the Website or by sending it to any email or mailing address that you provide to chatwin. You agree to check for notices posted on the Website. You agree to send chatwin any notice by mailing it to chatwin’s address for legal notices which is: chatwin goods & foods ltd, 348 Tranquille Road, Kamloops BC, V2B 3G6, Canada
- *PLEASE NOTE: All returned Products must follow the RMA return process above, and not shipped to the Notice address in this section.
- How to Contact Us. If you have any questions about any Product or these Terms or would like to learn more about chatwin, please write to us at chatwin goods & foods ltd, 348 Tranquille Road, Kamloops BC, V2B 3G6, Canada or email us at hello[at]chatwin[dot]co.
Terms of Sale last updated: september 28th, 2017