1. Introduction
1.1 We are committed to safeguarding the privacy of our website visitors and customers; in this policy we explain how we will handle your personal data.
1.2 By using our website and agreeing to this policy, you consent to our use of cookies in accordance with the terms of this policy.
1.3 Our website incorporates privacy controls which affect how we will process your personal data. By using the privacy controls, you can specify whether you would like to receive direct marketing communications and limit the publication of your information. You can access the privacy controls within the customer account area of our website.
2. How we use your “personal data”
2.1 In this Section 2 we have set out:
(a) the general categories of personal data that we may process;
(b) in the case of personal data that we did not obtain directly from you, the source and specific categories of that data;
(c) the purposes for which we may process personal data; and
(d) the legal bases of the processing.
2.2 We may process data about your use of our website and services ("usage data"). The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the usage data is our analytics tracking system. This usage data may be processed for the purposes of analysing the use of the website and services. The legal basis for this processing is our legitimate interests, namely monitoring and improving our website and services.
2.3 We may process your account data ("account data"). The account data may include your name, email address, telephone number, fax number, newsletter subscription preference and postal address. The account data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business and/or the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
2.4 We may process information that you post for publication on our website or through our services ("publication data"). The publication data may be processed for the purposes of enabling such publication and administering our website and services. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business and/or the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
2.5 We may process information contained in any enquiry you submit to us regarding goods and/or services ("enquiry data"). The enquiry data may be processed for the purposes of offering, marketing and selling relevant goods and/or services to you.
2.6 We may process information relating to transactions, including purchases of goods and services, that you enter into with us and/or through our website ("transaction data"). The transaction data may include your contact details, select payment details and the transaction details. The transaction data may be processed for the purpose of supplying the purchased goods and services and keeping proper records of those transactions. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract and our legitimate interests, namely our interest in the proper administration of our website and business.
2.7 We may process information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters ("notification data"). The notification data may be processed for the purposes of sending you the relevant notifications and/or newsletters. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
2.8 We may process information contained in or relating to any communication that you send to us ("correspondence data"). The correspondence data may include the communication content and metadata associated with the communication. Our website will generate the metadata associated with communications made using the website contact forms. The correspondence data may be processed for the purposes of communicating with you and record-keeping. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business and communications with users.
2.9 We may process any of your personal data identified in this policy where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.
2.10 We may process any of your personal data identified in this policy where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks.
2.11 In addition to the specific purposes for which we may process your personal data set out in this Section 2, we may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
3. Providing your personal data to others
3.1 We may disclose your personal data to any member of our group of companies this means our subsidiaries, our ultimate holding company and all its subsidiaries insofar as reasonably necessary for the purposes, and on the legal bases, set out in this policy.
3.2 We may disclose your personal data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
3.3 Financial transactions relating to our website and services may be handled by our payment services providers as listed within our checkout pages. We will share transaction data with our payment services providers only to the extent necessary for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds. You can find information about the payment services providers' privacy policies and practices on their own company websites.
3.4 We may disclose your enquiry data to one or more of those selected third party suppliers of goods and services identified on our website for the purpose of enabling them to contact you so that they can offer, market and sell to you relevant goods and/or services. Each such third party will act as a data controller in relation to the enquiry data that we supply to it; and upon contacting you, each such third party will supply to you a copy of its own privacy policy, which will govern that third party's use of your personal data.
3.5 In addition to the specific disclosures of personal data set out in this Section 3, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
4. International transfers of your personal data
4.1 In this Section 4, we provide information about the circumstances in which your personal data may be transferred to countries outside the European Economic Area (EEA).
4.2 We and our other group companies have offices and facilities in the United Kingdom. The European Commission has made an "adequacy decision" with respect to the data protection laws of each of these countries. Transfers to each of these countries will be protected by appropriate safeguards, namely the use of standard data protection clauses adopted or approved by the European Commission, a copy of which can be obtained from the Information Commissioner's Office.
4.3 The hosting facilities for our website are situated in the United Kingdom. The European Commission has made an "adequacy decision" with respect to the data protection laws of each of these countries. Transfers to each of these countries will be protected by appropriate safeguards, namely the use of standard data protection clauses adopted or approved by the European Commission, a copy of which you can obtain from the Information Commissioner's Office.
4.4 You acknowledge that personal data that you submit for publication through our website or services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.
5. Retaining and deleting personal data
5.1 This Section 5 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.
5.2 Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
5.3 We will retain your personal data for a minimum period of 30 days following its provision.
5.4 In some cases it is not possible for us to specify in advance the periods for which your personal data will be retained. In such cases, we will determine the period of retention based on its necessity for the proper administration of our website and business and/or the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
5.5 Notwithstanding the other provisions of this Section 5, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
6. Amendments
6.1 We may update this policy from time to time by publishing a new version on our website.
6.2 You should check this page occasionally to ensure you are happy with any changes to this policy.
6.3 We may notify you of changes to this policy by email or other means of communication.
7. Your rights
7.1 In this Section 7, we have summarised the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.
7.2 Your principal rights under data protection law are:
(a) the right to access;
(b) the right to rectification;
(c) the right to erasure;
(d) the right to restrict processing;
(e) the right to object to processing;
(f) the right to data portability;
(g) the right to complain to a supervisory authority; and
(h) the right to withdraw consent.
7.3 You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee. You can request a copy of the personal data we hold by contacting us. Please note that we may in return request copies of valid identification.
7.4 You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.
7.5 In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defence of legal claims.
7.6 In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defence of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.
7.7 You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.
7.8 You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.
7.9 You have the right to object to our processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
7.10 To the extent that the legal basis for our processing of your personal data is:
(a) consent; or
(b) that the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract,
and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.
7.11 If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.
7.12 To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.
7.13 You may exercise any of your rights in relation to your personal data by written notice to us, in addition to the other methods specified in this Section 7.
8. Third party websites
8.1 Our website includes hyperlinks to, and details of, third party websites.
8.2 We have no control over, and are not responsible for, the privacy policies and practices of third parties.
9. Personal data of children
9.1 Our website and services are targeted at persons over the age of 16.
9.2 If we have reason to believe that we hold personal data of a person under that age in our databases, we will delete that personal data.
10. Updating information
10.1 Please let us know if the personal information that we hold about you needs to be corrected or updated.
11. About cookies
11.1 A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.
11.2 Cookies may be either "persistent" cookies or "session" cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
11.3 Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.
12. Cookies that we use
12.1 We use cookies for the following purposes:
(a) authentication - we use cookies to identify you when you visit our website and as you navigate our website.
(b) status - we use cookies to help us to determine if you are logged into our website.
(c) shopping cart - we use cookies to maintain the state of your shopping cart as you navigate our website.
(d) personalisation - we use cookies to store information about your preferences and to personalise our website for you.
(e) security - we use cookies as an element of the security measures used to protect user accounts, including preventing fraudulent use of login credentials, and to protect our website and services generally.
(f) advertising - we use cookies to help us to display advertisements that will be relevant to you.
(g) analysis - we use cookies to help us to analyse the use and performance of our website and services.
(h) cookie consent - we use cookies to store your preferences in relation to the use of cookies more generally.
13. Cookies used by our service providers
13.1 Our service providers use cookies and those cookies may be stored on your computer when you visit our website.
13.2 We use Google Analytics to analyse the use of our website. Google Analytics gathers information about website use by means of cookies. The information gathered relating to our website is used to create reports about the use of our website. Google's privacy policy is available at: https://www.google.com/policies/privacy/.
13.3 We may publish Google AdSense interest-based advertisements on our website. These are tailored by Google to reflect your interests. To determine your interests, Google will track your behaviour on our website and on other websites across the web using cookies. We publish Google AdSense advertisements on our website. To determine your interests, Google will track your behaviour on our website and on other websites across the web using cookies. This behaviour tracking allows Google to tailor the advertisements that you see on other websites to reflect your interests. You can view, delete or add interest categories associated with your browser by visiting: https://adssettings.google.com. You can also opt out of the AdSense partner network cookie using those settings or using the Network Advertising Initiative's multi-cookie opt-out mechanism at: http://optout.networkadvertising.org. However, these opt-out mechanisms themselves use cookies, and if you clear the cookies from your browser your opt-out will not be maintained. To ensure that an opt-out is maintained in respect of a particular browser, you may wish to consider using the Google browser plug-ins available at: https://support.google.com/ads/answer/7395996.
14. Managing cookies
14.1 Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:
(a) https://support.google.com/chrome/answer/95647?hl=en (Chrome);
(b) https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences (Firefox);
(c) http://www.opera.com/help/tutorials/security/cookies/ (Opera);
(d) https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer);
(e) https://support.apple.com/kb/PH21411 (Safari); and
(f) https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy (Edge).
14.2 Blocking all cookies will have a negative impact upon the usability of many websites.
14.3 If you block cookies, you will not be able to use all the features on our website.
15. Cookie preferences
15.1 You can manage your preferences relating to the use of cookies on our website by following the steps in section 14 most relevant to your web browser software.
15.2 Please note that if you block cookies, you may not be able to use all of the features on our website. This may also “break” certain elements of our website and prevent them from functioning correctly for you only.
16. Our details
16.1 This website is owned and operated by Nineteenseventysix Ltd (trading as The Chilli Alchemist).
16.2 Our principal place of business is at Unit 8 Station Road Workshops, Station Road, Kingswood, Bristol, BS15 4PJ, United Kingdom.
16.3 You can contact us:
(a) by post, to the postal address given above;
(b) using our website contact form;
(c) by telephone, on the contact number published on our website from time to time; or
(d) by email, using the email address published on our website from time to time.
17. Representative within the European Union
17.1 You can contact our Representative within the European Union with respect to our obligations under data protection law using any of the contact methods listed in section 16.3.
18. Data protection officer
18.1 You can contact our Data Protection Officer with respect to our obligations under data protection law using any of the contact methods listed in section 16.3.
Terms and Conditions for Nineteenseventysix Ltd trading as The Chilli Alchemist
These terms and conditions apply to use of this website at www.chillialchemist.co.uk . By accessing this website and/or placing an order, you agree to be bound by these terms and conditions.
Using this website indicates that you accept these terms regardless of whether or not you choose to register with or order from The Chilli Alchemist. If you do not accept these terms, please do not use this website.
The www.chillialchemist.co.uk website is operated by The Chilli Alchemist:
Contact details are as follows:
Trading address: Unit 8, Station Road Workshops, Station Road, Kingswood, Bristol, BS15 4PJ
General email: themaster@chillialchemist.co.uk
Telephone: 0117 9576252
1. INTRODUCTION
1.1 You will be able to access most areas of this website without registering your details. Certain areas of this website are only available to you if you register.
1.2 The Chilli Alchemist may revise these terms and conditions at any time by updating this posting. You should check this website from time-to-time to review the then current terms and conditions, as they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of the website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this website.
2. ORDERING FROM THE CHILLI ALCHEMIST
2.1 You are deemed to place an order with The Chilli Alchemist by ordering via the online checkout process on this website. As part of the checkout process you will be given the opportunity to check your order and to correct any errors. You will be sent an order acknowledgement detailing the products you have ordered.
2.2 Acceptance of an order takes place when the order is despatched by The Chilli Alchemist. When the order is despatched the purchase contract will be made and you will be charged, unless you have been notified by The Chilli Alchemist that your order has not been accepted or you have cancelled your order. Order acceptance may be refused:
· Where goods are not available;
· Where authorisation for your payment cannot be obtained by The Chilli Alchemist;
· If there has been a pricing or product description error; or
· If you do not meet any eligibility criteria set out in these terms and conditions.
2.3 It is the responsibility of the customer to provide a correct shipping and billing address at the point of order. Goods will be despatched to the shipping address provided and, in the event that any goods are returned to The Chilli Alchemist due to an incorrect or incomplete address, it will be the responsibility of the customer to pay a second delivery charge in order to receive their order.
3. PRICING
3.1 Packing, carriage, insurance and other relevant charges are charged separately. The appropriate rates are set out in the ‘Delivery Information’ page on this website.
3.2 Prices are reviewed periodically and are subject to change at any point
3.3 Pricing does not include any custom or import charges/taxes that may be applicable in some countries outside of the United Kingdom. It is the responsibility of the customer to determine and pay any such charges.
4. PAYMENT
4.1 Payment for your order can be made through the payment systems available on this website. The Chilli Alchemist.co.uk uses a secure payment gateway for the collection of your credit/debit card details and do not store these details. The Chilli Alchemist is PCI DSS compliant and registered with the Information Commissioner's Office.
4.2 The payment gateways used are reputable payment solutions in the UK and Worldwide. All the personal information you supply at the payment page (including Credit/Debit Card numbers) is encrypted and is not held on a computer by The Chilli Alchemist.
4.3 We do not receive your Credit/Debit card details from the payment gateways, only notification that your payment has passed or failed.
5. CANCELLATIONS AND RETURNS POLICY
5.1 (a) You can provide notification by email at themaster@chillialchemist.co.uk before goods have been despatched or
5.1 (b) Where goods have already been despatched to you, by returning goods to The Chilli Alchemist in accordance with clause 5.2 below.
5.2 You can return goods you have ordered from The Chilli Alchemist for any reason at any time within 14 days of receipt for a full refund or exchange. The costs of returning goods shall be borne by you.
5.3 Upon receipt of the goods you will be issued a full refund of the amount paid or an exchange credit as required.
5.4 The rights to return the goods to The Chilli Alchemist as referred to in clauses 5.2 and 5.3 will not apply in the following circumstances:
· In the event that the product has been opened or tampered with in any way;
· In the event that the product has been used;
· To any products that have been made or customised specifically for you
The provisions of this clause 5.4 do not affect your statutory rights.
6. COPYRIGHT
6.1 You are permitted to print and download extracts from this website for your own use on the following basis:
· No documents or related graphics on this website are modified in any way;
· No graphics on this website are used separately from accompanying text; and
· Any of the copyright and trademark notices and this permission notice appear in all copies.
6.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this website (including without limitation photographs and graphical images) are owned by licensors or The Chilli Alchemist. For the purposes of these terms and conditions, any use of extracts from this website other than in accordance with clause 6.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this website automatically terminates and you must immediately destroy any downloaded or printed extracts from this website.
6.3 Subject to clause 6.1, no part of this website may be reproduced or stored in any other website or included in any public of private electronic retrieval system or service without prior written permission from The Chilli Alchemist.
6.4 Any rights not expressly granted in these terms are reserved.
6.5 The Chilli Alchemist name & logo are registered trademarks & protected by UK law.
7. SERVICE ACCESS
7.1 While The Chilli Alchemist will endeavour to ensure that this website is normally available 24-hours a day, The Chilli Alchemist will not be liable if for any reason this website is unavailable at any time for any period.
7.2 Access to this website may be suspended temporarily and without notice in the case of system failure, maintenance or repair for reasons beyond The Chilli Alchemist’s control.
8. VISITOR MATERIALS AND CONDUCT
8.1 Other than personally identifiable information, which is covered under the Privacy Policy on this website, any material you transmit or post to this website will be considered non-confidential and non-proprietary. The Chilli Alchemist will have no obligations with respect to such material. The Chilli Alchemist and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
8.2 You are prohibited from posting or transmitting to and from this website any material:
· That is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
· For which you have not obtained all necessary licences and/or approvals;
· Which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law or infringe the rights of any third party, in the UK or any other country in the world; or
· Which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data;
o You may not misuse the website (including, without limitation, by hacking).
8.4 The Chilli Alchemist will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identify or locate anyone posting any material in breach of clauses 8.2 or 8.3.
9. LINKS TO AND FROM OTHER WEBSITES
9.1 Links to third party websites on this website are provided solely for your convenience. If you use these links, you may leave this website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this website, you do so entirely at your own risk.
9.2 If you would to link to this website, you may only do so on the basis that you link to, but do not replicate, the home page of this website, and subject to the following conditions:
(a) You do not remove, distort or otherwise alter the size or appearance of The Chilli Alchemist’s logo;
(b) You do not create a frame or any other browser or border environment around this website;
(c) You do not in any way imply that The Chilli Alchemist is endorsing any products or services other than our own;
(d) You do not misrepresent your relationship with The Chilli Alchemist or present any other false information about us;
(e) You do not otherwise use any of The Chilli Alchemist’s trade marks displayed on this website without our express written permission;
(f) You do not link from a website that is now owned by you; and
(g) Your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with applicable laws and regulations.
We expressly reserve the right to revoke the right granted in this clause 9.2 for breach of these terms and to take any action we deem appropriate.
9.3 You shall fully indemnify us for any loss or damage we may suffer or incur as a result of your breach of clause 9.2
10. REGISTRATION
10.1 To register with www.thechillialchemist.co.uk you must be over eighteen years of age.
10.2 Each registration is for a single user only. The Chilli Alchemist does not permit you to share your user name and password with any other person nor with multiple users on a network.
10.3 Responsibility for the security of any password issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.
10.4 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.
11. DISCLAIMER
11.1 While The Chilli Alchemist endeavours to ensure that the information on this website is correct, we do not warrant the accuracy and completeness of the material on this website. We may make changes to the material on this website, or to the products and prices described in it, at any time without notice. The material on this website may be out-of-date, and we make no commitment to update such material.
11.2 The material on this website is provided "as is" without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation this website.
12. LIABILITY
12.1 The Chilli Alchemist, any other party (whether or not involved in creating, producing, maintaining or delivering this website), and any of officers, directors, employees, shareholders or agents or any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this website in any way or in connection with the use, inability to use or the results of use of this website, any websites linked to this website or the material on such website, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this website or your downloading of any material from this website or any websites linked to this website.
12.2 Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contact Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
12.3 If your use of material on this website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
12.4 You agree to indemnify The Chilli Alchemist fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this website, or the use by any other person using your registration details.
13. GOVERNING LAW AND JURISDICTION
13.1 These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.
13.2 We do not warrant that materials/items for sale on the website are appropriate or available for use outside the United Kingdom. It is prohibited to access the website from territories where its contents are illegal or unlawful. If you access this website from location outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
14. MISCELLANEOUS
14.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.
14.2 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions, which shall continue to have full force and effect.
14.3 Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.
PROMOTIONAL / FREE GOODS
Any items offered free are done so in accordance with the corresponding offer mechanics.
In the event that qualifying orders for paid goods wish to be returned and not replaced, the free item(s) will also need to be returned unused and in perfect condition. Failure to do so will result in the free item being charged at the full cost.
Free items are often of limited stock and, by applying a coupon code or requesting free goods does not guarantee that the goods are available. In such circumstances where the free/promotional stock has been depleted, The Chilli Alchemist has no further obligation to provide free/promotional items and the offer will be considered closed.
Where free/promotional goods are offered if a certain order total is reached, any total quoted will be excluding shipping which will be charged at the appropriate rate.
If in doubt, please contact The Chilli Alchemist.