Right to Cancel.
Because we are a website, you are not able to physically inspect the goods before you purchase – so the EU has created what is called your ‘Right to Cancel’ so that you can look at the goods we send you and decide if you want to keep them or if you want to send them back to us. You have 14 working days after we have completed delivery to decide if you want to use your Right to Cancel – after that period, you have completed your purchase. This is referred to as a ‘cooling off’ period.

Consumer Terms and Conditions

Background:
This agreement applies as between you, the User of this Website and we, the owner of this Website. Your agreement to comply with and be bound by the terms set below and Terms and Conditions set in Terms & Conditions upon your first use of the Website. Clauses 3, 4, and 13 – 15 apply only to the sale of Goods. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.

No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer, and our acceptance of that offer is deemed to occur upon our sending an order confirmation email to you indicating that your order has been fulfilled and is on its way to you.

Definitions and Interpretation
In this Agreement, the following terms shall have the following meanings:
‘Account’ means collectively the personal information, Payment Information and credentials used by Users to access or order from the website and/or any communications System on the Website; It includes all checkout options including Card Payment Checkout, ‘Checkout without an Account’, and ‘Create Account’ options.
‘Carrier’ means any third party responsible for transporting purchased Goods from our Premises to customers;
‘Content’ means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
‘Goods’ means any products that we advertise and/or make available for sale through this Website;
‘Service’ means collectively any online facilities, tools, services or information that we make available through the Website either now or in the future;
‘Payment Information’ means any details required for the purchase of Goods from this Website. This includes, but is not limited to, credit/debit card numbers, bank account numbers and sort codes;

‘System’ means any online communications infrastructure that we make available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
‘User’ / ‘Users’ means any third party that accesses the Website and is not employed by us and acting in the course of their employment;
‘Website’ means the website that you are currently using and any sub-domains of this site unless expressly excluded by their own terms and conditions;

Age Restrictions
2.1 We will not sell to anyone who is not 18 years of age or over, as the law requires.
2.2 By placing an order, you confirm that you are at least 18 years old.
2.3 If you are buying a product/s as a gift – the recipient must also be over 18 years old.
2.4 If our couriers are in any doubt about the age of the recipient on delivery, they will request some form of ID.
2.5 If the person receiving the order is unable to produce appropriate ID, unfortunately, our couriers will be unable to leave the products.

Business Customers
These Terms and Conditions do not apply to customers buying Goods in the course of business.

International Customers
1 If Goods are being ordered from outside the United Kingdom, import duties and taxes may be incurred once your Goods reach their destination. We are not responsible for these charges and we undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and that we cannot guarantee that the packaging of your Goods will be free of signs of tampering. Please also be aware that United Kingdom consumer protection laws may not apply.
4.2 You are responsible for ensuring that you are available at the delivery address you have given us. If our delivery company is unable to make the delivery, they will return the consignment to us. The cost of international returns is more than twice the cost of dispatch – and we will be forced to pass this cost onto you when the consignment arrives back to us.
4.3 Please see our Delivery Policy which is incorporated into these Terms and Conditions by this reference. To view the Delivery Policy please go to the Advice Centre on our website.

Terms & Conditions for our Business Customers
Background:
This agreement applies as between you, the User of this Website or Purchaser and we, the owner of this Website. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.

No part of this Website is intended to constitute a contractual offer capable of acceptance. The Purchaser’s order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to the Purchaser indicating that the order has been fulfilled and has been dispatched.

Definitions and Interpretation
In this Agreement, the following terms shall have the following meanings:
‘Account’ – means collectively the personal information, Payment Information and credentials used by Users to access or order from the website and/or any communications System on the Website; It includes all checkout options including Card Payment Checkout, Checkout without an Account, and Create Account options.
‘Carrier’ – means any third party responsible for transporting purchased Goods from our Premises to customers;
‘Content’ – means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
‘Goods’ – means any products that we advertise and/or make available for sale through this Website;
‘Service’ – means collectively any online facilities, tools, services or information that we make available through the Website either now or in the future;
‘Payment Information’ – means any details required for the purchase of Goods from this Website. This includes, but is not limited to, credit/debit card numbers, bank account numbers and sort codes;
‘Purchaser’ – means any person or business that buys Goods from us from this Website;
‘Purchase Information’ – means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form;
‘System’ – means any online communications infrastructure that we make available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
‘User’ / ‘Users’ – means any third party that accesses the Website and is not employed by us and acting in the course of their employment;
‘Website’ – means the website that you are currently using and any sub-domains of this site unless expressly excluded by their own terms and conditions.

Business Customers
These Terms and Conditions do not apply to non-business customers (consumers). If you are not a business, please consult our Consumer Terms and Conditions – see ‘Advice Centre’ on our website.
International Customers
1 If Goods are being ordered from outside our country of residence, import duties and taxes may be incurred once the Goods reach their destination. We are not responsible for these charges and we undertake to make no calculations or estimates in this regard. If a Purchaser buying internationally, they are advised to contact their local customs authorities for further details on costs and procedures. The Purchaser of the Goods will also be the importer of record and as such should ensure that the purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes, and we give no guarantee that the packaging of the Goods will be free of signs of tampering.
3.2 You are responsible for ensuring that you are available at the delivery address you have given us. If our delivery company is unable to make the delivery, they will return the consignment to us. The cost of international returns is around twice the cost of dispatch – and we will be forced to pass this cost onto you when the consignment arrives back to us.
3.3 For information about international deliveries, please see our Delivery Policy which is incorporated into these Terms and Conditions by this reference. To view the Delivery Policy, please go to the Advice Centre on our website.

Intellectual Property
1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of us, our affiliates, or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable Irish and International intellectual property and other laws.
4.2 Subject to Clause 6, you may not reproduce, copy, distribute, store, or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by us.

Third Party Intellectual Property
1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable. 5.2 Subject to Clause 6 you may not reproduce, copy, distribute, store, or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.

Fair Use of Intellectual Property
Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of us or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

Links to this Website
Those wishing to place a link to this Website on other sites may do so only to the home page of the website without prior permission. Deep linking (i.e., links to specific pages within the site) requires the express permission of us. To find out more please contact us by email at customerservice@smartchefstore..co.uk

Use of Communications Facilities
1 When using entering comments into any form or any other System on the Website you should do so in accordance with the following rules:
9.1.1 obscene or vulgar language must not be used;
9.1.2 Content that is unlawful or otherwise objectionable must not be submitted. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
9.1.3 Content that is intended to promote or incite violence must not be submitted;
9.1.4 it is advised that submissions are made using the English language(s) as we may be unable to respond to enquiries submitted in any other languages;
9.1.5 the means by which Users identify themselves must not violate these Terms and Conditions or any applicable laws;
9.1.6 Users must not impersonate other people, particularly employees and representatives of us or our affiliates; and
9.1.7 our System must not be used for unauthorized mass communication such as ‘spam’ or ‘junk mail’.
9.2 You acknowledge that we reserve the right to monitor any and all communications made to us or using our System.
9.3 You acknowledge that we may retain copies of any and all communications made to us or using our System.

Accounts
1 In order to purchase Goods on this Website and to use the enquiry facilities Users are required to create an Account which will contain certain personal details and Payment Information which may vary based upon a User’s use of the Website as we may not require payment information until a purchase is to be made. This is the case even if choosing the ‘Checkout without an Account’ option or if you checkout with the Card Payment Checkout option. By continuing to use this Website you represent and warrant that:
10.1.1 all information you submit is accurate and truthful;
10.1.2 if you are buying on behalf of your employers, you have the authority to submit Payment Information where any such authority is required; and
10.1.3 you will keep this information accurate and up-to-date.
Your creation of an Account is further affirmation of your representation and warranty.
10.2 It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
10.3 If you have reason to believe that your Account details have been obtained by another without consent, you should contact us immediately to suspend your Account and cancel any unauthorized purchases that may be pending. Please be aware that purchases can only be cancelled until they are dispatched. In the event that an unauthorized purchase is dispatched prior to your notifying us of the unauthorized nature of the purchase, we accept no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information.
10.4 When choosing a username Users are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your Account.

Termination and Cancellation
1 Either we or a User may terminate an Account. If we terminate your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
11.2 If we terminate an Account, any current or pending purchases on your Account will be cancelled and will not be dispatched.
11.3 We reserve the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.
11.4 If purchases are cancelled for any reason prior to dispatch, Purchasers will be refunded any monies paid in relation to those purchases.
11.5 If a User terminates their Account any non-dispatched purchases will be cancelled and a full refund of any monies paid in relation to those purchases will be paid through the payment method used when the Goods were purchased.

Payment
1 If you do not have a credit account then payment is due prior to dispatch of goods. All other Invoices are due for payment on the date shown on the invoice, unless alternative arrangements have been agreed between the Purchaser and us.

Goods, Pricing, and Availability
1 Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from us correspond to the actual Goods, we are not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether. Please refer to Clause 16.1 for incorrect Goods.
13.2 Where appropriate, you may be required to select the required size, model, colour, number or other features of the Goods that you are purchasing.
13.3 We do not represent or warrant that such Goods will be available. Stock indications are provided on the Website; however, these may not take into account sales that have taken place during your visit to the website.
13.4 All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary. All pricing information is reviewed and updated regularly.
13.5 In the event that prices are changed during the period between an order being placed for Goods and we processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;

Property, Risk, and Account of Profits
1 Title in Goods will not pass to the Purchaser until the full purchase price for those Goods has been received by us. Title remains with us until payment is complete.
14.2 If the Purchaser sells the Goods on to its own customers in any form, either as purchased from us or forming a component part of a larger Good, and any amount of the purchase price payable to us remains outstanding, the Purchaser must account to us for the proceeds of such a sale. The Purchaser is then required to hold such proceeds on trust for us until payment has been received in full by us.

Delivery
1 We will notify you by way of email when your goods are to be dispatched to you. The message will contain details of estimated delivery times in addition to any reasons for a delay in the delivery of the Goods purchased by you.
15.2 If we receive no communication from you, within 3 days of delivery, regarding any problems with the Goods, you are deemed to have received the Goods in full working order and with no problems.
15.3 Our couriers and Royal Mail/DPD will abide by their standard Terms and Conditions when delivering your consignment. This may include delivering to a neighbours if no one is at your address.
15.4 Delivery of your consignment is governed by our Delivery Policy, which is incorporated into these Terms and Conditions by this reference. To view the Delivery Policy please go to the Advice Centre on our website.

Returns Policy
We aim to always provide high-quality Goods that are fault-free and undamaged. On occasion, however, goods may need to be returned. Returns are governed by these Terms and Conditions.
1 If the Purchaser receives Goods which do not match those ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, the Purchaser should contact us within 10 working days to arrange collection and return. We are responsible for paying shipment costs. The Purchaser will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used when the Goods were purchased. Refunds and replacements will be issued upon our receipt of the returned Goods.
16.2 If any Goods purchased have faults when they are delivered, the Purchaser should contact us within 28 working days to arrange collection and return. We are responsible for paying shipment costs. Goods must be returned in their original condition with all packaging and documentation. Upon receipt of the returned Goods, the price of the Goods, as paid, will be refunded through the payment method used when the Goods were purchased.
16.3 If any Goods develop faults within their warranty period, the Purchaser is entitled to a repair or replacement under the terms of that warranty.
16.4 If Goods are damaged in transit and the damage is apparent on delivery, the Purchaser should sign the delivery note to the effect that the goods have been damaged. In any event, such damage should be reported to us within 10 working days and arrange collection and return. We are responsible for paying shipment costs. Upon receipt of the returned Goods, the price of the Goods, as paid, will be refunded through the payment method used when the Goods were purchased.
16.5 If the Goods have been dispatched or have reached you, but the Purchaser decides that they are no longer required, the Goods can be returned to us within 10 days of receipt. Goods can only be returned for this reason if their packaging remains unopened and the Goods can be re-sold, as new, without any additional work on our part. The Purchaser is responsible for paying shipment costs if Goods are returned for this reason.
16.6 If the Purchaser wishes to return Goods to us for any of the above reasons, please contact us using the details on our Contact Page to make the appropriate arrangements.

Privacy
1 Use of the Website is also governed by our Privacy Policy and Cookies Policy which is incorporated into these Terms and Conditions by this reference. To view the Privacy Policy and Cookies Policy please go to Privacy Centre in the Advice Centre on our website.
17.2 The Website places the following cookies onto your computer or device. These cookies are used for the purposes described herein. Full details of the cookies used by the Website and your legal rights with respect to them are included in our Privacy Policy and our Cookie Policy – see link in the Advice Centre on our website. By accepting these terms and conditions, you are giving consent to us to place cookies on your computer or device. Please read the information contained in the Privacy Policy and Cookie Policy prior to acceptance.
The cookies we use:
PHPSESSID This essential cookie allows our website to respond to any action you take on the site such as completing an enquiry form. The website would not function correctly if this cookie were not used. We own this cookie.
utma, _utmb, _utmc, _utmd, _utmz Cookies beginning ‘_utm’ enable the function of our analytics software (owned by Google Inc). This software helps to analyse our site visitors and provide anonymous information such as browsers used, return visitors and response to marketing activity. This information helps us to improve the website and your online experience.
ccUser This cookie allows us to remember the contents of your basket in our store; the website would not function correctly if this cookie were not used. We own this cookie.
17.2 This website uses cookies to function – therefore if you do not wish to have cookies placed on your computer please do not use our website. You may wish to delete cookies which have already been placed. For instructions on how to do this, please consult your internet browser’s help menu.

Disclaimers
1 We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
18.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
18.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.
18.4 Whilst we use reasonable endeavours to ensure that the Website is secure and free of errors, viruses, and other malware, all Users are advised to take responsibility for their own security, that of their personal details, and their computers.

Changes to the Service and these Terms and Conditions
We reserve the right to change the Website, its Content or these Terms and Conditions at any time. Users and Purchasers will be bound by any changes to the Terms and Conditions from the first time the Website is used by them following the changes. If we are required to make any changes to Terms and Conditions relating to the sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by Purchasers in the future.

Availability of the Website
1 The Service is provided ‘as is’ and on an ‘as available’ basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
20.2 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

Limitation of Liability
1 To the maximum extent permitted by law, we accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special, or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.
21.2 Nothing in these Terms and Conditions excludes or restricts our liability for death or personal injury resulting from any negligence or fraud on our part.
21.3 Nothing in these Terms and Conditions excludes or restricts our liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Website.
21.4 Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.

Age Restriction
1 We will not sell to anyone who is not 18 years of age or over, as the law requires.
22.2 By placing an order you confirm that you are at least 18 years old.
22.3 If you are buying a product/s as a gift – the recipient must also be over 18 years old.
22.4 If our couriers are in any doubt about the age of the recipient on delivery, they will request some form of ID.
22.5 If the person receiving the order is unable to produce appropriate ID, unfortunately, our couriers will be unable to leave the products.