Your use of this website and any order you place through this website are subject to these terms of business.
TERMS AND CONDITIONS
The goods we sell are authentic, original & vintage products which were manufactured before today’s stringent health and safety standards. All sales of such goods are for collection purposes only, unless agreed with us and that we have entered into a delivery agreement with you. We do not guarantee or imply any guarantee of compliance with health and safety standards or fitness for any purpose. Items that have been hand painted will show signs of brush strokes due to the texture of the paint we use.
These terms do not affect your legal rights. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards Office.
We endeavour to describe all items as fully as possible, to the best of our knowledge, providing as much history, age and detail as is known to us together with a full description of any defects or faults. However, it should be noted that the items that we are selling are vintage or restored items and, as such, may in some cases have some age-related wear.
Items that are manufactured some time ago often have marks, dents, variations of surface texture, re-polished surfaces, minor scratches or losses, sympathetic replacements, retouching, relining, and other issues naturally associated with use and age which form a part of the appearance and nature of a vintage item. We aim to ensure that the condition of any item is as reasonable as possible given its age and nature, and would not offer for sale any item that is not substantially complete or in a minimum acceptable condition for display or use. Substantial damage or extensive restoration or changes or losses to the item beyond this will be stated in our item descriptions. However, small signs of wear are normal and appropriate to the authenticity of vintage or restored goods. By placing an order, you are deemed to acknowledge the nature of the goods we are selling. If you prefer your goods to be in perfect condition, then vintage or restored items may not be for you.
This website is operated by Chic Creek Throughout the site, the terms “we”, “us” and “our” refer to Chic Creek. Chic Creek offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your county, state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
To be eligible to purchase products on this Website and lawfully enter into and form contracts on this Website under English law you must:
Register by providing your real name, phone number, e-mail address, payment details and other requested information.
Be over 18 years of age.
Stipulate a delivery address in the United Kingdom. Please note that PO box numbers, hotels and accommodation addresses are not permitted.
Possess a valid credit or debit card issued by an acceptable Bank.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Chic Creek, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless Chic Creek and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Chic Creek at 26 Marine Parade,
Worthing, West Sussex, BN11 3PT.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Questions about the Terms of Service should be sent to us by email: email@example.com
FURNITURE LEFT – COLLECTION/APPRAISAL/RENOVATIONS
Furniture and Goods left for appraisal and renovations are left at Owners risk at all times. Any such items, not collected within 6 weeks of date left with us, will be donated to a charitable warehouse. It is the responsibility of the Owner of said furniture or goods to make contact with Chic Creek for any variation on these Terms and Conditions.
We also reserve the right to charge a daily Storage rate of £10.00 per item left without prior agreement with us and this charge will be contra-charged against the value of any furniture and goods left at our premises.
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 these terms that is caused by events outside our reasonable control. This shall include (without limitation) any act, event, non-occurrence, omission or accident beyond our reasonable control such as 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 disaster, 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 or failure by our suppliers to supply the goods to us which are required to fulfil your order.
Our obligations under these terms are suspended for the period that any such event continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to find a solution by which our obligations under these terms can be performed despite the event outside our control. If we have been unable to resolve any such event within three months we shall be entitled to cancel your order without penalty save for refunding to you the purchase price you have paid.
Gift vouchers are valid for 12 months from the date of issue and may be used to buy any item in the shop. Gift vouchers are non-refundable and not transferable for cash at any time.
HEALTH & SAFETY
We have full Public Liability Insurance with The NFU. We take the issue of Health and Safety seriously and hope that you do too. You are asked to act in a sensible and appropriate way here at Chic Creek – thank you.
OUR ‘GENERAL’ REFUND POLICY
Our Returns & Refund policy: We are unable to accept items back to our shop, so please be sure that you are happy with the item before you commit to buying it. Especially with sizes of furniture, if it doesn’t fit your stairwell or lounge! This is especially important with sizeable pieces of furniture.
We may be able to offer you an exchange at our discretion, so please keep hold of your receipt.
THE CONSUMER RIGHTS ACT
In the unlikely event of a faulty product, and in-line with The Consumer Rights Act October 2015 – your legal rights when you buy goods from our business, gives you a number of rights as a consumer. Prior to that date, any products bought from us will be covered by The Sale of Goods Act 1979.
Our policy is offered:
– a requirement to produce the original till receipt.
– a requirement to return goods unused and in unopened packaging.
– a deadline for returns.
– an offer to exchange or an offer for a credit note.
We want you to be happy with your Store and Online purchase. We appreciate that it is not always easy when you haven’t seen your purchase in our Store. As we appreciate it can be more difficult to view an item from a photograph however we are more than happy to provide you with further photographs.
REFUNDS FOR VINTAGE or UP-CYCLED PURCHASES
Your legal rights are protected under the Consumer Protection Act 10/2015 and any purchases before this date – The Sale of Goods Act 1979
Your legal rights: When you buy goods from a business, in law you have a number of rights as a consumer. These include the right to claim a refund, replacement, repair and/or compensation where the goods are faulty or misdescribed.
It should be noted that the items that we are selling are antique or vintage items and, as such, may in some cases have some age-related wear. Our items are vintage and as such they have been manufactured some time ago; they will often have marks, dents, variations of surface texture, re-polished surfaces, minor scratches or losses, sympathetic replacements, retouching, relining, and other issues naturally associated with use and age which form a part of the appearance and nature of a vintage item.
We aim to ensure that the condition of any item is as reasonable as possible given its age and nature, and would not offer for sale any item that is not substantially complete or in a minimum acceptable condition for display or use.
However, small signs of wear are normal and appropriate to the authenticity of vintage goods. By purchasing from us, you are deemed to acknowledge the vintage nature of the goods we are selling.
All goods are to be paid for in full prior to removing/delivery from Chic Creek, (unless otherwise agreed in writing).
Please note that all DEPOSITS ARE NON REFUNDABLE.
CANCELLING AN ORDER
In accordance with the Consumer Protection Regulations you may cancel your order (not personalised or specifically ordered) and return goods, to be eligible for a refund/return:
You must inform us in writing/email within 48 hours after receipt of delivery.
Your item must be unused and in the same condition that you received it.
Your item must be in either its original packing or suitable packing for the delivery back to us.
You must include your receipt or proof of purchase
For the avoidance of doubt we will not refund your delivery costs when a product is simply unwanted.
We cannot accept a return on an item that has been specifically ordered at the Customer’s request, nor an item you have examined the goods in a shop then ordered from the same retailer online and this inspection was specifically noted as part of the purchase contract.
You will be responsible for shipping the item back to us, in its original condition, to our business address and costs thereof within 7 days of receipt of your goods.
Be aware, that your refund may take a few days to appear in your account, depending on the policies of the appropriate financial institution concerned. If for any reason, once agreed, your refund has not gone into your account within 7 days of return, please contact us.
However, small signs of wear are normal and appropriate to the authenticity of vintage goods. By placing an order, you are deemed to acknowledge the vintage nature of the goods we are selling.
We shall not be liable for any defect in the goods arising from wear and tear, wilful damage, accident and/or negligence by you or any third party, if you use the goods in a way that we or the manufacturers do not recommend, you fail to follow the manufacturer’s and/or our instructions, or due to any alteration or repair you carry out without our prior written approval.
We offer no claim or liability for late or rescheduled deliveries for circumstances out of our control.
Please contact Chic Creek to arrange mutually convenient time for delivery.
Please note: delivery of furniture is to your front door only (Ground Floor). We will not place furniture in residential property due to insurance restrictions.
OWN COURIER – Chic Creek are not responsible for third party couriers arranged by customers to collect and deliver goods purchased from our shop online or offline. Any claim for loss or damage to and item(s) must be resolved between the customer and the courier.
RETURNS FOR WEBSITE PURCHASES
To enable a return, you must inform us in writing/email within 72 hours after receipt of delivery.
Freight items delivered via third party delivery services must be checked thoroughly and approved by you when you take receipt of them and any problems notified to the driver at the time of delivery. We cannot accept responsibility for your Freight Company.
Subject as set out herein, we may ask you to return the goods to us and once we have checked that the goods are faulty, we may provide you with a full or partial refund excluding shipping costs; or replace the goods; or repair the goods. These terms will apply to any repaired or replacement goods we supply to you.
For the avoidance of doubt we will not refund your delivery costs when a product is simply unwanted. We cannot accept a return on an item that has been specifically ordered at the Customer’s request. For the avoidance of doubt, we will not be responsible for your costs in returning unwanted goods.
For the further avoidance of doubt, all returns must be approved by us before sending back to us. If we agree, items must be returned unused and undamaged and in the original packaging, otherwise we cannot issue an exchange, no shipping costs are refundable.
We cannot be held responsible for damage in transit, goods that go missing, hence we would suggest that you insure them when they are dispatched and obtain a proof of posting receipt.
Damaged goods must be reported to us, Chic Creek, within 24 hours of delivery of goods – after this time, we cannot be accept responsibility for damage reported.