EFFECTIVE: [1 June 2019]

 

Welcome to Pepper Street Beauty Limited, the legal entity of trading name The Chillery and thechillery.co, and our Terms of Use (the “Agreement”). This Agreement is important and contains terms and conditions that affect your legal rights, so please read it carefully.

 

By accessing or using the websites, mobile applications or blogs (collectively, the “Site”) provided by Pepper Street Beauty Limited or our subsidiaries or affiliates (herein referred to as “thechillery.co,” “The Chillery,” “we,” “us” or “our”), including, without limitation, www.thechillery.co, pursuant to which we offer beauty products for purchase (the “Products”) , you agree to be bound by the terms and conditions contained in this Agreement and all other terms incorporated herein by reference. This Agreement applies to all users of the Site.

 

We reserve the right, at our sole discretion, to change or modify portions of this Agreement at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date this Agreement was last revised. You may read a current, effective copy of this Agreement at any time by selecting the “Terms of Use” link on the Site. We will also notify you of any material changes either through e-mail or through other reasonable means. Your continued use of the Site after any such changes constitutes your acceptance of the new Agreement. You should periodically visit this page to review the current Agreement so you are aware of any revision to which you are bound. If you do not agree to abide by this or any future Agreement, do not use or access (or continue to use or access) the Site.

 

1. Privacy Policy

 

1.1 Please refer to our Privacy Policy for information about how we collect, use, disclose and otherwise process information about you.

 

2. Eligibility

 

2.1 If you are below the age of consent under applicable law in the country in which you reside, then your parent or legal guardian must read and accept this Agreement in your name and on your behalf.

2.2 You represent and warrant that you are at least 18 years of age. If you are under age 18, you may not, under any circumstances or for any reason, use the Site. We may, in our sole discretion, refuse to offer the Products to any person or entity and change our eligibility criteria at any time.

2.3 We may test new features, functionalities, services, user interfaces and Products that we are considering incorporating into or providing through our Site. We reserve the right to include or exclude you from these tests without notice.

2.4 You are solely responsible for ensuring that your use of the Products complies with all laws, rules and regulations applicable to you. If the applicable law in the country in which you reside requires that you must be older than 18 to receive the Products, then the minimum age is the legally required one. If you are a minor, you may wish to consult your parents about what portions of the Products are appropriate for you. The right to access the Site is revoked where this Agreement or use of the Site is prohibited or to the extent offering, sale or provision of the Products conflicts with any applicable law, rule or regulation.

 

3. Registration

 

3.1 You may register for an account on the Site (an "Account") or log in using your Facebook or other social media login information. To use certain portions of the Site, you are not required to sign up for an Account. However, certain features of the Site, such as accessing your order history, may require you to register for an Account but you will be advised accordingly of its availability. You must provide accurate and complete information and keep your Account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a username a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person's Account or registration information for the Site without permission. You must notify us immediately of any change in your eligibility to use the Site, breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You have the ability to delete your Account at any time, as described in our Privacy Policy.

 

4. Use of the Site

 

4.1 The Site contains material, including but not limited to software, text, graphics and images (collectively referred to as the “Content”). We may own the Content, or portions of the Content may be made available to us through arrangements that we have with third parties. We do not guarantee that any Content you access on or through the Site is or will continue to be accurate. The Content is protected by intellectual property laws. Unauthorized use of the Content may result in violation of copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use, copy or display the Content, including but not limited to use of framing or mirrors, except as permitted under this Agreement. No other use is permitted without our prior written consent. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of any of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of this Agreement, your right to access and/or use the Content and Site shall automatically terminate and you shall immediately destroy any copies you have made of the Content.

4.2 The trademarks, service marks, and logos of The Chillery (the “thechillery.co  Trademarks”) used and displayed in connection with the Products are registered and unregistered trademarks or service marks of The Chillery. Other company, product, and service names located on the Site or otherwise used in connection with the Products may be trademarks or service marks owned by third parties (the “Third Party Trademarks”, and, collectively with The Chillery Trademarks, the “Trademarks”). Nothing on the Site, in the Products or in this Agreement should be construed as granting, by implication, or otherwise, any license or right to use any Trademark displayed on the Site or otherwise used in connection with the Products without our prior written consent specific for each such use. The Trademarks may not be used to disparage us or any applicable third party, our or the applicable third party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Use of any The Chillery Trademarks as part of a link to or from any website is prohibited without our prior written consent. All goodwill generated from the use of any The Chillery Trademark shall inure to our benefit.

4.3 You agree not to: (a) take any action that imposes an unreasonable load on the Site’s infrastructure; (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site; (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Site; (d) delete or alter any material we or any other person or entity posts on the Site; or (e) otherwise take any action in violation of our guidelines and policies.

 

5. Third Party Sites

 

5.1 The Site may contain links to third party websites, services or other resources on the Internet, including but not limited to our sponsors and Facebook, and other websites, services or resources may contain links to the Site (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of any materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access any External Sites, you do so at your own risk. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through any External Sites.

5.2 It is our intention that you may enable or log in to the Site via various online third party services, such as social media and social networking services like Facebook (“Social Networking Services”) as soon as practicable. We will advise you when this is available. When available, you will be able to access our Site and Products by logging in or directly integrating these Social Networking Services into the Site, we make your online experiences richer and more personalized. To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy.

5.3 Please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such Social Networking Services, and we shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled on or offered through the Site. In addition, we are not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, we are not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. We enable these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.

 

6. User Content

6.1 With respect to the Photos (as defined below), Submissions (as defined below), and any content or other materials you provide to or upload through the Site, Social Networking Services or otherwise or share with other Site users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein, and that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You shall not (and shall not permit any third party to) take any action or upload, post, or otherwise distribute any User Content that infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty. You shall not (and shall not permit any third party to) take any action or upload, post, or otherwise distribute any User Content that you know if false, misleading, untruthful or inaccurate, or is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion.

6.2 The Site may pull content from our users who share photos and videos on Instagram using our brand hashtags, including, without limitation, #thechillery.co or tagging the @thechillery.co  account (collectively, “Photos”). You acknowledge and agree that the Photos may be used on thechillery.co’s Site, emails and social media channels and you hereby grant us permission, until revoked, to use and authorize others to use your name or social media handle in association with the Photos for identification, publicity related to the Products and similar promotional purposes. To revoke your permission to us in regards to our use of the Photos, please contact us at hi@thechillery.co. You represent and warrant that the posting and use of your Photos, including to the extent such Photos include your name, username, likeness, voice, or photograph, does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and other intellectual property rights.

6.3 By uploading any User Content you hereby grant and will grant thechillery.co and its affiliated companies, successors and assigns a nonexclusive, worldwide, royalty free, fully paid up, transferable, sub-licensable license to reproduce, adapt, publish, create derivative works from, copy, display, upload, publicly perform, distribute, store, modify and otherwise use your User Content and any name, username, likeness, voice or photograph provided in connection with your User Content, without compensation to you, in connection with the operation of the Site or the promotion, advertising or marketing of the Products, in any form, medium or technology now known or later developed, and including after your termination of your Account or the Products, until such license grant is revoked by you. To revoke your license to us in regards to our use of your User Content, please contact us at hi@thechillery.co. For clarity, the foregoing license does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.

6.4 Except where prohibited by applicable law, by submitting User Content through the Site, Social Networking Services or otherwise, you are waiving and agreeing not to assert any copyrights resulting from our alteration of the User Content or any Photos, Submissions, photograph(s), footage, illustrations, statements or other work contained in the User Content. You are also agreeing to appoint The Chillery as your irrevocable attorney-in-fact with respect to the User Content, with the right to execute and deliver any documents, in your name and on your behalf, to ensure that we can use the User Content that you are licensing in any way we see fit, own and protect the rights in any derivative works created from your User Content, and have the User Content removed from any other website or forum.

6.5 You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Products (collectively, “Submissions”) that you provide to us are non-confidential and we will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without your acknowledgment or compensation to you.

6.6 You acknowledge and agree that we may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce this Agreement; (c) respond to claims that any User Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of The Chillery, our users and the public. You understand that the technical processing and transmission of the Site, including your User Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

 

7. IP Infringement

7.1 We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify us of your infringement claim in accordance with the procedure set forth below. Under the EU-E-Commerce Directive 2000/31/EC, the requirements of a proper notification are: written communication with a physical or electronic signature of a person authorized to act, identification of the copyrighted work claimed to have been infringed, identification of the material that is claimed to be infringing, information reasonably sufficient to permit The Chillery to contact you (address, telephone number and email) and a statement that you have a good faith belief that the use of material is not authorized.

 

 8. Payments; Ordering & Availability; Billing and Continuous Subscription

8.1 You agree to provide accurate and up-to-date payment information at the time you order any Product. We have contracted with a third-party payment processor to facilitate purchases made on the Site. When you make a purchase through the Site, you will provide your payment details and any additional information required to complete your order directly to our third-party payment processor. You should be aware that online payment transactions are subject to validation checks by our payment processor and your card issuer and we are not responsible if your card issuer declines to authorize payment for any reason. For your protection, our payment processor uses various fraud prevention protocols and industry standard verification systems to reduce fraud and you authorize it to verify and authenticate your payment information. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this. In some jurisdictions, our payment processor may use third parties under strict confidentiality and data protection requirements for the purposes of payment processing services.

8.2 You agree to have sufficient funds or credit available upon placement of any such order to ensure that the purchase price will be collectible by us. We attempt to be as accurate as possible and to eliminate errors on our Site. However, in the event of an error, we reserve the right to correct such error and revise your order accordingly or to cancel the order and refund any amount charged. We are under a legal duty to supply Product(s) that are in conformity with the order you place. In the event of a material error (for example, a pricing error or one that might affect your enjoyment of the Product), we will contact you in advance so that you can decide whether you want to cancel or proceed with the order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognized by you as a mispricing, we may end the Contract, refund you any sums you have paid and require the return of any Products provided to you. The Site may contain information regarding the availability of Products. In rare cases, a Product may be in stock when you place the order and sold out by the time we attempt to process the order. Should this happen, we will notify you by email and cancel the item from your order. We also may offer some Products for sale before they have been manufactured or arrive at our warehouse. When you pre-order these Products, we will ship them once they are available. In rare cases, these items may not become available for shipping. Should this happen, we will notify you by email and cancel the item from your order. Before completing the online purchase process, you will be asked to confirm the contents of your shopping cart. Once you do so, a summary of your order will be displayed and you will be asked to confirm your order. By clicking on the “Add to Cart” button, you acknowledge that a contract is formed between you and us in relation to the Product(s) ordered (the “Contract”) and that you enter into an obligation to pay for the Product(s) in your cart. After entering into the Contract, we will send you a confirmation email (the “Order Confirmation”) and we will be under a legal duty to supply you with goods that are in conformity with the Contract.

8.3 Product prices displayed on the Site include VAT but exclude delivery costs, which will be automatically added when you view the items in your shopping cart. Prices in different countries and currencies may vary. When you complete your purchase, you agree to the price(s) presented for the Product(s). Prices and delivery costs may change from time to time, but changes will not affect orders for which we have already sent you an Order Confirmation.

8.4 All orders of Products must be for your personal use only. By purchasing Products, you hereby agree not to resell or distribute such Products for any commercial purposes. All orders are subject to our acceptance or rejection based on Product availability, noncompliance with this Agreement or any other reason as determined in our sole discretion. For instance, if we have reason to believe that your order is not for personal use, we reserve the right to reject or cancel any order that you place. We also reserve the right, in our sole discretion, to take steps to verify your identity to process your order. We will either not charge you or refund the charges for orders that we cancel or do not process.

8.5 We attempt to provide accurate descriptions of Products. We do not warrant, however, that the descriptions are accurate, complete, reliable, current or error-free. If a Product is not as described, your sole remedy is to return the item, unless otherwise specified in writing by us. We occasionally run promotions or provide limited time offers for our Products. Please review the promotion or offer for eligibility and other terms and conditions.

 

8.6 In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment methods. Payment is to be made to Klarna.

  • Pay in [14] days: The payment period is 14 days from shipment of the goods or tickets/ availability date of the service. You can find the complete terms and conditions for the markets where this payment method is available here: Germany
  • Direct bank transfer: Available in Germany. Your account will be debited directly after placement of your order.
  • Direct Debit: Your account will be debited after shipment of the goods or tickets/ availability date of the service ​or in case of a subscription in accordance with the timelines communicate​d. You will be notified about the date(s) by email.

The payment methods Pay in [14] days, Slice It and direct debit are only available in case of a positive credit assessment. For this purpose, during the order process and handling of your purchase, we forward your data for an address and credit check to Klarna. We can only offer you the payment methods available based on the result of the credit check. General information about Klarna and the user terms per country can be found on klarna.com. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarnas privacy statement.

 

 9. Delivery

9.1 Your order will be fulfilled by the delivery date set out in the Order Confirmation or, if no delivery date is specified, then within 30 days after the date of the Order Confirmation, unless there are exceptional circumstances and except in the case of pre-orders.

9.2 Your order will be delivered to the delivery address that you specify when placing your order. If we are unable to deliver to your delivery address, for example if your delivery address is geographically remote, we will notify you before we accept your order. We reserve the right not to deliver to any country that is prohibited by applicable export laws or otherwise. Products comprised within the same order cannot be delivered to different addresses.

9.3 The Product(s) ordered will be at your risk from the time you receive the Product(s). Ownership of the Product(s) ordered will also pass to you upon your receipt of the Product(s), provided full payment of all sums due in respect of the Product(s), including any delivery charges, has been received.

9.4 If any Product you order is damaged or faulty when delivered to you or has developed a fault, you may have one or more legal remedies available to you, depending on when you make us aware of the problem, in accordance with your legal rights. If you believe a Product was delivered damaged or faulty or has developed a fault, you should inform us as soon as possible, preferably in writing, giving your name, address and order reference. Nothing in this section affects your legal rights.

 

10. Returns and Exchanges

 

10.1     All Products are eligible for return or exchange if return or exchange requests are submitted within 30 days of receiving the order (in its entirety). To return or exchange your Product(s), please email us at hi@thechillery.co with your name, address, order number and the Product(s) you would like to exchange or return. After we receive your exchange or return request, we will respond with further instructions about returning the Product(s) to us.

10.2     Upon receiving the returned Product(s) from you, we will process any refund due to you as soon as possible. You will be refunded in full to your original form of payment, excluding the cost of delivery; however, we will not refund your cost of returning the Product(s) to us. If you received any promotional or other discount when you paid, any refund will only reflect the amount you actually paid.

10.3     To cancel an order, you must clearly inform us of your cancellation request by writing to us at the mailing address or email address provided in the Model Cancellation Form below. You are not required to use the Model Cancellation Form, but you must provide us with your name, address, and order reference number when you submit your written request.

Model Cancellation Form

 

To: The Chillery 

 

Email: hi@thechillery.co 

 

I hereby give notice that I cancel from my contract of sale, the following goods:

 

Order Reference Number:

 

Order Date:

 

Name of Customer:

 

Address of Customer:

 

Signature of Customer (Required only if form submitted by paper):

 

Date:

 

10.4 Your consumer right of return and refund

 

This clause 10.4 only applies if you are a consumer.

10.4.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 10.4.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund.

 

10.4.2 However, this cancellation right does not apply in the case of any Products that are bespoke, personalised or tailored to your specifications.

 

10.4.3 Your legal right to cancel a Contract starts from the date of the Order Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the below:

 

Your Contract End of the cancellation period:

Your Contract is for a single Product (which is not delivered in instalments on separate days). The end date is the end of 14 days after the day on which you receive the Product.

Example: if we provide you with an Order Confirmation on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.

 

Your Contract is for either of the following:

  • one Product which is delivered in instalments on separate days.
  • multiple Products which are delivered on separate days. The end date is 14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered.

Example: if we provide you with an Order Confirmation on 1 January and you receive the first instalment of your Product or the first of your separate Products on 10 January and the last instalment or last separate Product on 15 January you may cancel in respect of all instalments and any or all of the separate Products at any time between 1 January and the end of the day on 29 January.

 

Your Contract is for the regular delivery of a Product over a set period. The end date is 14 days after the day on which you receive the first delivery of the Products.

Example: if we provide you with an Order Confirmation on 1 January in respect of Products to be delivered at regular intervals over a year and you receive the first delivery of your Product on 10 January, you may cancel at any time between 1 January and the end of the day on 24 January. 24 January is the last day of the cancellation period in respect of all Products to arrive during the year.

 

10.4.4 To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the contact form on our Site. A link to the Site cancellation form will be included in an Order Confirmation. If you use this method, we will e-mail you to confirm we have received your cancellation.

You can also e-mail us at hi@thechillery.co or contact our Customer Services team by telephone on +491624202550 r by post to Unit 19, Cranford Business Centre, Montrose, Dublin 4, Dublin, D04 X6H0, Ireland. If you are e-mailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.

 

 11. Limitation of Liability and Disclaimer of Warranties

11.1 EXCEPT AS OTHERWISE PROVIDED BY US IN WRITING, THE CHILLERY, OUR AFFILIATES, AND OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, “THECHILLERY.CO PARTIES“) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OR THE PRODUCTS, INCLUDING BUT NOT LIMITED TO THE SITE’S ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY. THE CHILLERY PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF THE CONTENT OR THE SITE OR ANY OTHER INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE PRODUCTS AND THE CONTENT AT YOUR OWN RISK.

11.2 THE CHILLERY PARTIES DO NOT WARRANT THAT THE SITE WILL OPERATE ERROR FREE. IF YOUR USE OF THE SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO THE CHILLERY PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS.

11.3 EXCEPT AS OTHERWISE PROVIDED BY US IN WRITING, THE CONTENT AND THE PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE CHILLERY PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

11.4 IN NO EVENT SHALL ANY THE CHILLERY PARTY BE LIABLE FOR LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION FROM THE USE OR INABILITY TO USE THE PRODUCTS OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, OR ANY OTHER LEGAL THEORY, EVEN IF SUCH THE CHILLERY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.5 SUBJECT TO CLAUSE 11.1-11.4 (INCLUSIVE), OUR TOTAL LIABILITY TO YOU IN RESPECT OF ALL LOSSES ARISING UNDER OR IN CONNECTION WITH THE CONTRACT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, SHALL IN NO CIRCUMSTANCES EXCEED THE PRICE OF THE PRODUCTS ORDERED TO WHICH ANY ISSUE APPLIES.

11.6 EXCEPT AS EXPRESSLY STATED IN THIS AGREMENT, WE DO NOT GIVE ANY REPRESENTATION, WARRANTIES OR UNDERTAKINGS IN RELATION TO THE PRODUCTS. ANY REPRESENTATION, CONDITION OR WARRANTY WHICH MIGHT BE IMPLIED OR INCORPORATED INTO THIS AGREEMENT BY STATUTE, COMMON LAW OR OTHERWISE IS EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. IN PARTICULAR, WE WILL NOT BE RESPONSIBLE FOR ENSURING THAT THE PRODUCTS ARE SUITABLE FOR YOUR PURPOSES.

 

 

12. Indemnification

12.1 To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless The Chillery Parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement, any User Content or Feedback you provide, or your access to, use or misuse of the Content or the Products. We shall provide notice to you of any such claim, suit, or proceeding that triggers this indemnification obligation, and you agree to do the same by writing to The Chillery Legal Department at hi@thechillery.co. We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

 

13. Applicable Law and Competent Jurisdiction

13.1 If you are a consumer, please note that this Agreement is governed by Irish law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by Irish law. You and we both agree to that the courts of the Republic of Ireland will have non-exclusive jurisdiction and that nothing in this Agreement shall be deemed to preclude us from issuing proceedings or taking any other legal action in any jurisdiction or to enforce a judgement or court order in favour of us in any jurisdiction. You hereby expressly submit and consent to such jurisdiction and waive any objections to any action we may take in another jurisdiction with respect to your compliance with this Agreement.

13.2 If you are a business, any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of the Republic of Ireland provided however that nothing in this Agreement shall be deemed to preclude us from issuing proceedings or taking any other legal action in any jurisdiction or to enforce a  judgement or court order in favour of us in any jurisdiction. You hereby expressly submit and consent to such jurisdiction and waive any objections to any action we may take in another jurisdiction with respect to your compliance with this Agreement.

13.3 If you are a business, we both irrevocably agree that the courts of Republic of Ireland shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of the Republic of Ireland provided however that nothing in these Terms shall be deemed to preclude us from issuing proceedings or taking any other legal action in any jurisdiction or to enforce a judgement or court order in favour of us in any jurisdiction. You hereby expressly submit and consent to such jurisdiction and waive any objections to any action we may take in another jurisdiction with respect to your compliance with this Agreement.

 

14. Termination

14.1 We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Site and/or the Content at any time and for any reason without prior notice or liability, which may result in the forfeiture and destruction of all information associated with your Account. We reserve the right to change, suspend, or discontinue all or any part of the Site or the Content at any time without prior notice or liability. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers indemnities, limitations of liability.

 

15. Events Outside Our Control

 

15.1 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 an Event Outside Our Control. An Event Outside Our Control is defined below in clause 15.2.

15.2 An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, 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, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

15.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

15.3.1 we will contact you as soon as reasonably possible to notify you; and

15.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

15.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.

 

16. Transfer

16.1 We may transfer/assign our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under this Agreement. We will always notify you by posting on this webpage if this happens.

16.2 You may only transfer/assign your rights or your obligations under this Agreement to another person if we agree in writing. This Contract is between you and us. No other person shall have any rights to enforce any of its terms.

17. Miscellaneous

17.1 This Agreement shall be governed by and construed and enforced in accordance with the laws of the country in which you reside. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Our failure to act on or enforce any provision of this Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. Any information you submit to or provide through the Site might be publicly accessible, and you should protect important and private information. We are not liable for protection of privacy of email or other information transferred through the Internet or any other network that you may use.

17.2 Except as expressly agreed by us and you, this Agreement constitutes the entire agreement between us and you with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between us and you with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement is personal to you, and is not assignable, transferable or sublicensable by you except with our prior written consent. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees. No agency, partnership, joint venture, or employment relationship is created as a result of this Agreement and neither party has any authority of any kind to bind the other in any respect. Unless otherwise specified in this Agreement, all notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to hi@thechillery.co.

17.3 The Chillery is the trading name of Pepper Street Beauty Limited, an Irish corporation with its headquarters located at Unit 19, Cranford Business Centre, Montrose, Dublin 4, Dublin, D04 X6H0, Ireland. You may contact us at the following address: Unit 19, Cranford Business Centre, Montrose, Dublin 4, Dublin, D04 X6H0, Ireland, or at the following email address: hi@thechillery.co.

17.4 Words denoting any gender include all genders and words denoting the singular include the plural and vice versa.