BY ACCESSING OR USING ANY PART OF THE SITE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS. IF YOU DO NOT AGREE WITH ALL OF THE TERMS SET FORTH BELOW, YOU MAY NOT USE ANY PORTION OF THE SITE. PRICE INFORMATION FOUND ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. CHILLI OLLY MANAGEMENT RESERVES THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS OF USE AT ANY TIME WITHOUT NOTICE, BUT WILL NOT CHANGE THESE TERMS IN RELATION TO ORDERS WHICH HAVE BEEN PLACED AND ACKNOWLEDGED BY CHILLI OLLY MANAGEMENT BEFORE THE CHANGE IS MADE.
We grant you a personal, limited, non-transferable non-exclusive, license to access and use the Site. We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Site and to change, suspend or discontinue any aspect of the Site and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. Your continued use of the Site will constitute your acceptance of any such changes.
1. USE OF THE WEBSITE
You may use the Site only for your own non-commercial personal use and in compliance with these Terms. You are responsible for your own communications, including the transmission, uploading or posting of information and are responsible for the consequences of such communications to the Site. Any other use of the Site requires the prior written consent of Chilli Olly Management . You may not otherwise copy, modify, or distribute the contents of this Site without the express written permission of Chilli Olly Management. You may not modify, publish, transmit, participate in the transfer or sell, create derivative works from, or in any way exploit, any of the content, in whole or in part, found on the Site.
We require all Members to agree not to use the Site, and specifically prohibit any use of the Site, for any of the following purposes:
• Posting, communicating or transmitting any material that infringes on any intellectual property, publicity or privacy right of another person or entity
• Posting any information which is untrue, inaccurate or not your own or which is defamatory, derogatory, fraudulent, degrading, abusive, hateful, false, misleading, inaccurate, untrue, malicious, offensive, harassing, threatening, racist, obscene, vulgar, indecent, pornographic or of a sexual nature
• Engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation
• Attempting to interfere in any way with the Site’s or Chilli Olly Management’s network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system
You may not use spiders, robots, data mining techniques or other automated devices or programs to catalogue, download or otherwise reproduce, store or distribute content available on the Site. Further, you may not use any such automated means to manipulate the Site, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Site or any other user’s use of the Site , including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing” the Site , circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms. You may not frame portions of the Site within another web site. You may not resell use of, or access to, the Site to any third party without our prior written consent.
2. REGISTRATION & PASSWORDS
3. ADDITIONAL TERMS & CONDITIONS
5. ORDERS & CONTRACTS
Products and Box subscriptions may be ordered by clicking on the box or item you wish to purchase and then following the prompts that will appear on-screen. You may check and correct any input errors in your order up until the point at which you submit your order to us by clicking the “Submit Order” button on the checkout page.
Your order constitutes an offer to Chilli Olly Management to buy a box subscription or product. All orders are subject to acceptance by Chilli Olly Management. Chilli Olly Management is not obliged to accept your order and may, in its discretion, decline to accept any order. Where Chilli Olly Management accepts your order, it will confirm such acceptance to you by sending you an email that confirms that the product has been dispatched.
By purchasing a month to month subscription, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Your subscription will be automatically extended for successive monthly periods, at the original subscription rate. Your bank account will be charged on the 2nd of every calendar month (Subscriptions are approximately two weeks in advance, thus products will be dispatched on the 18th of the same month). Any cancellations need to be done prior to 5pm of the last day of the previous month to prevent the charge for that month. To cancel your subscription at any time, you must email firstname.lastname@example.org and inform us, you may also cancel your direct debit with your bank or gocardless.com. If you cancel, you may use your subscription until the end of the then-current month. Chilli Olly Management may submit periodic charges (e.g., monthly) without further authorization from you, until you provide prior notice that you have terminated this authorization or wish to change your payment method.
The above cancellation rights do not affect your right to cancel under the statutory cooling-off period (see Consumer Rights and Cancellation below). Prices include delivery costs (where applicable). Please see our FAQ for details of when delivery charges apply.
Your order will be fulfilled by the delivery date set out in the confirmatory email or, if no delivery date is specified, then within a reasonable time of the date of the order. You recognise, though, that occasionally because of problems sourcing stock from our suppliers or for other reasons beyond our control it is possible that orders may be delivered more than 30 days after the order.
6. CONSUMER RIGHTS & CANCELATIONS
You may cancel your first order and receive a refund at any time before your order is delivered and up to fourteen days afterwards, beginning on the day after you receive the products. In this case, you will receive a full refund of the price paid for the products in accordance with the Chilli Olly Management refunds policy (see below).
Each box subscription is for these purposes a single order forming part of a regular delivery of goods, so you can only cancel a box subscription and receive a refund within fourteen days of receiving your first monthly box. You can of course cancel your subscription at any time, but it is only if you do it within this initial fourteen day period after your initial subscription that you will be entitled to a refund (as required by UK legislation known as the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013). To cancel your order, you must log in to your subscription management area and follow the instructions within. You must return the products to Chilli Olly Management within 14 days of notifying us of the cancellation in the same condition in which you receive them and at your own cost and risk. Chilli Olly Management has a right to deduct from your refund amount any reduction in value of the products caused by your handling of the products beyond what is necessary to establish the nature, characteristics and functioning of the products.
Chilli Olly Management’s refunds policy is: if you cancel an order within the fourteen-day cancellation period (see above), Chilli Olly Management will refund you as soon as possible and, in any case, within fourteen days of the day of our receipt of the returned products or (if earlier) the day you provide evidence of having sent the products back to us.
Chilli Olly Management will refund the price of the product(s) in full, including the cost of delivery paid by you. However, you will be responsible for the cost of returning the products to Chilli Olly Management. Chilli Olly Management will refund the purchase price and delivery costs using the same method originally used by you to pay for your purchase.
7. PRODUCT INFORMATION; LIMITATION ON QUANTITIES
Excluding any content which may be submitted by Members from time to time, we strive to ensure that the information on the Site is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies which we may correct without liability. We also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time due to inventory, shortages, or user breach (including after an order has been submitted and/or acknowledged). We do not guarantee that all products described on our Site will be available.
Proprietary Rights You acknowledge and agree that the content (other than content that may be submitted by Members), materials, text, images, videos, graphics, trademarks, logos, button icons, music, software and other elements available on the Site are the property of Chilli Olly Managementd or our licensors and are protected by copyright, trademark and/or other proprietary rights and laws. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the Site. All rights reserved.
Submitted Content By submitting or posting any materials or content on the Site, you grant Chilli Olly Management a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works on our websites in any other materials or medium, and sublicense such materials or any part of such materials. This means, for example, that we can continue to use and display that content even if you ask us to remove it or after your registration or subscription has ended. If you do not want to grant Chilli Olly Management the rights set out in this paragraph, please do not submit your content to us. You confirm that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant Chilli Olly Management the license specified above. You also confirm that any materials you provide will not contain libellous or otherwise unlawful, abusive or obscene material. Chilli Olly Management will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or payment to you. To the extent permitted by applicable law, you agree to waive all moral rights in any content that you post or send whilst using the Services, including the right to be identified as the author of such content.
Chilli Olly Management is not responsible if you cannot access the Site properly or at all because your ISP connection, the Internet generally or your browser software is inadequate or functioning badly, or if your ISP suspends or terminates their service to you, or because of any other event outside Chilli Olly Management’ control. If you cannot access the Site properly or at all because any of these reasons, Chilli Olly Management will not refund any money you have paid or compensate you.
Making the Site enjoyable means Chilli Olly Management needs to fix bugs, install updates and do general diagnosis and maintenance of the Site.
Chilli Olly Management will try to do scheduled maintenance during what
Chilli Olly Management anticipates will be relatively low levels of online use. Chilli Olly Management also need to be able to do emergency maintenance and/or suspend access to the servers where, in Chilli Olly Management’ reasonable discretion, Chilli Olly Management sees the need to do that. Chilli Olly Management will try to have the Site available again as soon as Chilli Olly Management thinks it is safe to do so.
The Site rely in part on software to work. Software has bugs. Whilst
Where the Site contains links to other websites and third party products or services, these links are provided for your information only. Chilli Olly Management is not responsible for the content of these websites or products or services.
You agree to indemnify Chilli Olly Management liabilities and the reasonable costs (including reasonable legal fees), sustained or incurred as a result of content posted to the Site by you being in violation of these Terms and/or Chilli Olly Management’s Review Guidelines.
10. LIMITATION OF LIABILITY
Chilli Olly Management excludes: (a) any responsibility for or liability arising out of any dealings you have with third parties that take place using or facilitated by the Site ; and (b) any liability for losses which are not a foreseeable or likely consequence of your use of the Site , or of a breach of these Terms. For example, losses are foreseeable where they could be contemplated by you and Chilli Olly Management at the start of your membership.
Chilli Olly Management will not be liable to you over the entire period of your use of the Site for any loss in excess of (a) the total value of products or subscriptions ordered by you via the Site from time to time and (b) £250, whichever is the higher. Notwithstanding this, nothing in these Terms will affect any liability we may have for: (a) death or personal injury arising from our negligence or our liability; (b) fraudulent misrepresentation; © for breach of any obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 or (d) any other liability that cannot by law be excluded or limited.
11. COPYRIGHT INFRINGEMENT; NOTICE AND TAKE DOWN PROCEDURES
Chilli Olly Management specifically prohibits the posting of any content that violates or infringes the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this Site infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim.
If any part of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms.
12. WAIVER; REMEDIES; VARIATIONS, ENTIRE AGREEMENT
The failure of Chilli Olly Management to partially or fully exercise any rights or the waiver of Chilli Olly Management of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by Chilli Olly Management or be deemed a waiver by Chilli Olly Management of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of Chilli Olly Management under these Terms and any other applicable agreement between you and
Chilli Olly Management shall be cumulative, and the exercise of any such right or remedy shall not limit Chilli Olly Management’s right to exercise any other right or remedy. These Terms may not be varied except with our express written consent. These Terms and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of your use of the Site and any order. We are required by law to advise you that contracts may be concluded in English only and that no public filing requirements apply.
The operation of our Site and Contracts for the purchase of Goods through our Site are governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.