Terms & Conditions

BUYER & SELLER TERMS & CONDITIONS

 

Buyer terms

  1. These terms
    • What these terms cover. These are the terms and conditions on which we supply products to you.
    • Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. Please also read our Website Terms (below) which tell you about us and use of our site.
  2. Our contract with you
    • How we will accept your order. Our acceptance of your order will take place when we receive cleared funds from you. A contract for sale is formed with us when goods are dispatched and dispatch notification is issued to you.
    • Multiple orders. If you place an order for multiple goods and we can only fulfil part of such order due to the availability of goods, we shall be entitled to accept the order in part and only refund you for any items we were unable to supply.
  3. Our products
    • Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
    • No representations or warranties to quality. We make no representation and give no warranty as to the quality, authenticity, condition, state or description of the goods or suitability for any purpose. If you are unhappy with your goods please contact us as soon as possible at info@cheekycherub.co
  4. Charges and payment
    • Payment methods. We accept the following payment methods:
      • Paypal
      • Apple Pay
      • Google Pay
      • Card payment
    • Validity of payment details. By placing an order on our site, you confirm that the payment details provided by you are valid and that, if you are using a credit/debit card, it belongs to you or you have been specifically authorised by the owner of the credit/debit card to use it.
    • Pricing on our site. The price you pay is the price displayed on the website at the time that we receive the order, except in cases of a pricing error. If we discover an error in the pricing of goods ordered we will notify you as soon as possible. We will allow you to either re-confirm your order at the correct price or cancel it. If for any reason we are unable to cancel you, we will deem the order cancelled.
    • Currency and VAT. All prices shown are in pound sterling and include VAT at the applicable rate but exclude delivery charges.
  5. Postage and packaging
    • Delivery costs. The costs of delivery will be as displayed to you on our site on check-out.
    • When we will provide the goods. We make every effort to deliver the goods within the estimated timescales shown on our site, but we shall not be liable for any delay or failure to deliver the goods within the estimated timeframes. Delivery time is not of the essence.
    • Address delivery details. We accept no responsibility for the delivery of goods to an address that has been incorrectly supplied by you. If you change the address for delivery after placing an order, we reserve the right to charge you for duplicated shipping costs.
    • International shipping. You will be the importer for all international deliveries of goods purchased from us. Before placing an order, please check that your import of any product complies with applicable import regulations and that there are no local requirements or restrictions which may affect receipt of your goods.
    • Damage and loss. Risk of damage and loss of goods is passed to you on the date when the goods are delivered to you or on the date of first attempted delivery by us. We retain evidence of postage for all items.
  6. Returns and credit notes
    • We do not accept returns. If you are unhappy with your purchase you are entitled to a credit note to the value of the item purchased, valid for 12 months from the date of issue.  
    • Return of goods to us. Subject to clause 6.1 above, if you return any item to us you must do so within 14 days of purchase. You have a duty of care of the goods whilst they are in your possession. You will be responsible for the cost of returning the goods to us.
    • Credit note. We will issue you a credit note refund within 14 days from the day on which we receive the item back from you. The credit note will be valid for 12 months from the date of issue.
  7. Liability
    • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products and for defective products under the Consumer Protection Act 1987.
    • Limitation of liability. Subject to clause 7.1, our total liability to you, arising out of contract, tort, breach of statutory duty, misrepresentation, restitution and/or otherwise howsoever arising under or in connection with this contract shall not exceed the amount paid for the goods purchased by you from our site.
    • Implied laws. All implied statutory or common law terms, conditions and warranties are excluded to the fullest extent permitted by law.
    • We do not provide any warranty on the goods.
  8. How we may use your personal information
    • How we may use your personal information. We will only use your personal information as set out in our Privacy Policy.
  9. Other important terms
    • We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
    • You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
    • Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
    • If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    • Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
    • Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.


Seller terms

  1. These terms
    • What these terms cover. These are the terms and conditions on which you sell items on our site.
    • Why you should read them. Please read these terms carefully before you submit your items to us. These terms tell you how your items are sold, how you are paid and we may change or end the contract, what to do if there is a problem and other important information. Please also read our Website Terms (below) which tell you about us and use of our site.
  2. Right to sell
    • Appointment of Cheeky Cherub as agent. You authorise us to act as your selling agent for any items that have been sent to us to be sold on our site. We agree to act as your selling agent only in regard to items which we consider to be saleable.
    • Listing on other sites. You authorise us to list and sell your item on any eCommerce platform we chose, through online or offline private sales. In no circumstances are we required to provide information as to where particular goods are listed at a given point in time.
    • Sale price. You agree that we are entitled to set the price for items sold on our website. If you do not agree with the sale price you do not have to sell the item on our site. If we do not agree on a sale price and you would like the item(s) sent back to you, you will be liable for any shipping costs to return your item(s).
    • Use of images / items. You recognise and consent that items collected by us may be used in images, videos, social media and other media and printed forms (the “Reproductions”) for the purpose of promotion, advertisement and marketing. You recognise that the Reproductions remain the intellectual property of us at all times, anywhere in the world.
  3. Account
    • Account registration. You must register for an account with us in order to sell an item. You warrant that all information you provide during the registration process is true and accurate. You must also ensure that all information is kept accurate and up-to-date. All information is securely stored on our site and any sensitive information e.g. bank account details, credit card information is protected by advanced encryption services. Please see ourPrivacy Policy for more information regarding use and storage of your personal information.
    • Your password must be unique and kept securely. You must notify us of any breach of security or unauthorised use of your account.
    • If you are under 18 years old, you must get the consent of a parent or guardian to sell an item on our site.
  4. Your obligations
    • Ownership of items. You warrant that you either own the items or have authority on behalf of the owner to sell the items on our site.
    • Notification of defects / condition. You will notify us of any defects, faults or anything material to the value of the item. You warrant to accurately describe the item to us, including in particular its condition, and acknowledge that any failure to do so may result in the item being unsaleable and an administrative fee being charged.
    • Counterfeit, restricted or prohibited items. You will not sell any counterfeit, restricted or prohibited items. You understand that you will indemnify us for any loss or damage causes, including loss of commission, as a result of any breach of this obligation.
  5. Commission and payment
    • We shall be entitled to 44% of the full purchase price of the item sold. We reserve the right to change our rates of commission. Any such changes will be notified to you as soon as reasonably possible.
    • We will make payment to you following the successful sale of your item(s), minus its commission within 21 days. We will make payment via bank transfer. Please make sure that the bank account details that you provide when you register your account are kept accurate and up-to-date.
  6. Unsold / unsaleable items
    • Unsaleable items. We reserve the right, at any time to deem an item as unsaleable. In addition, any item that is not sold on our site within 3 months from the date on which it goes live on our site will be deemed unsaleable. In such instances, we will notify you and you may decide whether to: drop the price, have the item returned or donate the item to charity.
    • Return of unsaleable items. If we need to return an unsaleable item to you, you will be liable for the cost of returning the item. You must pay the delivery cost to us before the item will be returned to you.
    • Donation to charity. If you do not respond within 14 days of our notification of an item being unsaleable we will be entitled to donate such item to charity without any liability to you.
    • Sufficient cover. We maintain sufficient insurance to compensate you for the fair market value of your item, whilst in our control and possession, in the event of damage or loss from fire, theft or otherwise.
  7. Liability
    • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products and for defective products under the Consumer Protection Act 1987.
    • Limitation of liability. Subject to clause 7.1, our total liability to you, arising out of contract, tort, breach of statutory duty, misrepresentation, restitution and/or otherwise howsoever arising under or in connection with this contract shall not exceed the amount of the selling price of your item(s).
    • Implied laws. All implied statutory or common law terms, conditions and warranties are excluded to the fullest extent permitted by law.
  8. How we may use your personal information
    • How we may use your personal information. We will only use your personal information as set out in our Privacy Policy.
  9. Other important terms
    • Items/goods in transit. Liability of items in transit to us, including items in transit to us by a courier which has been arranged by us, remain your liability and we will not be liable for any items lost in transit. Subject to Clauses 6 and 7, we accept liability for items only once we acknowledge receipt of them.
    • We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
    • You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
    • Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
    • If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    • Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
    • Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.

 

WEBSITE TERMS & CONDITIONS

Please read these terms and conditions carefully before using this site.

  1. Who we are

Cheekycherub.co is a site operated by Cheeky Cherub London Limited ("We" or “we”). We are a limited company registered in England and Wales under company number 12616359 and have our registered office at 14 Queensberry Mews West, London, SW7 2DU.

Cheeky Cherub is our UK registered trade mark. You are not permitted to use our trademark without our express approval.

  1. By using our site you accept these terms

By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms, you must not use our site.

We recommend that you print a copy of these terms for future reference.

  1. There are other terms that may apply to you

These terms of use refer to the following additional terms, which also apply to your use of our site:

  1. We may make changes to these terms

We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on 1 September 2020.

  1. Use of our site

Our site is made available free of charge.  You have permission for temporary use of our site, but we can withdraw or change our site and/or services at any time without telling you and without being legally responsible to you.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

You must keep your account details safe

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly contact us at info@cheekycherub.co.

How you may use material on our site

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. They are protected by copyright and all such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use but not for commercial use without a licence from us. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

Do not rely on information on this site

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

We are not responsible for websites we link to

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

  1. Computer offences

We do not guarantee that our site will be secure or free from bugs or viruses. 

If you do anything which is a criminal offence under the Computer Misuse Act 1990, your right to use our site will be terminated immediately. Examples of such breach are introducing viruses, worms, trojans and other technologically harmful material.  We will report any such breach to the relevant law enforcement authorities and will disclose your identity to them.

  1. Rules about linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

We reserve the right to withdraw linking permission without notice.

  1. Our responsibility for loss or damage suffered by you

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

As  far as legally possible we exclude liability to you for:

  • Any direct or indirect loss of profit, goodwill, business, date or savings arising from use of our site;
  • All terms implied by laws or by statues.
  1. How we may use your personal information

We will only use your personal information as set out in our Privacy Policy.

  1. Governing law

These terms shall be governed by the laws of England and Wales and we agree that the courts of England and Wales will have exclusive jurisdiction.

  1. Contact us

Please email us at info@cheekycherub.co to contact us about any issues relating to these terms and conditions.

 

 

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