Terms & Conditions

  1. About Us

The Services are operated by Chalk & Moss Ltd (“we”, “us”, “our”). We are registered in England and Wales under company number 11011734 and with our registered office address at Rena, The Street, Shoreham by Sea, West Sussex, BN43 5NJ, England.

If you would like to access, correct, amend or delete any personal information we have about you, register a complaint, give feedback, or simply want more information contact us at shop@chalkandmoss.com or at the above address.

Description of service:

Chalk & Moss is a retail website and blog that cherishes biophilic designs that connect us closer to nature, for our wellbeing, creativity and productivity. We support designers and makers who design, make and ship products directly to you. However, all orders and communications are done with Chalk & Moss as your retailer.

2. Overview

    1. Chalk & Moss offers this website, including all information, tools and services available from this site to you, the user,
      conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By using this website and/or purchasing something from us, you engage in our “Service”, and agree to adhere to the Terms & Conditions (“Terms of Service”, “Terms”). This includes those additional terms and conditions and policies
      referenced herein and/or available by hyperlink, including our returns policy and privacy policy. These Terms of
      Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. By using this website you also agree to adhere to the Terms & Conditions for products by individual designer suppliers, as stated on product information pages. If you do not agree to these Terms herein then please do not use the website, services or any part of them.
    2. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
    3. Any item you buy from Chalk & Moss is sold subject to its product description, which may include additional conditions related to that product including, without limitation, terms and conditions concerning estimated delivery timescales, warranties and returns policies. We will of course always try our best to ensure that details, descriptions and prices of products on chalkandmoss.com are correct. We cannot confirm the price of an item until your order is accepted.

3. Ordering, Purchase Process, Contract Creation

    1. Items purchased on chalkandmoss.com will be shipped to you by individual designer makers.
    2. When you place an order on Chalk & Moss, you’ll receive an order acknowledgement email, listing the products you have ordered. We’ll notify you should the product be unavailable, or if there’s a longer than usual turnaround time. Should a product you have ordered not be available, we will contact you about the estimated lead time, or offer an alternative. When your order has been dispatched, you will receive an email with the tracking number if
      applicable.
    3. By using this website you agree to these terms and conditions. By completing and submitting the electronic order form you are making an offer to purchase goods which, if accepted by us, will result in a binding contract. Neither submitting an electronic order form or completing the checkout process constitutes our acceptance of your order.
    4. By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, province or county of residence, or that you are the age of majority in your state province or county of residence and you have given us your consent to allow any of your minor dependents to use this site.
    5. We may at our discretion refuse or limit or cancel an order on conditions including, but not restricted to:
      1. The item is out of stock and cannot be made for you on this occasion
      2. Payment was not authorised
      3. There was a pricing or product description error
      4. Purchase limitations per order, person, card or household
      5. If, in our sole judgement, orders appear to be placed by
        dealers, resellers or distributors
    6. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

4. Use of the Website

    1. You are provided with access to chalkandmoss.com in accordance with these conditions. Any orders placed by you shall be placed strictly in accordance with these Terms and Conditions.
    2. 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, and 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 opinion you have failed to comply with any of the provisions of these Customer Terms.

5. Use of the Site, Information Supplied and User Generated Content

    1. You warrant that any personal information which you provide when you purchase goods is true, accurate, current and complete in all respects. You agree not to impersonate any other person or a name that you are not authorised to use. It is your responsibility to ensure that all information (including your name and address) you upload to the Site, is correct and accurate. Ensure that you check all information before making a purchase. Should the wrong address be provided, you will be responsible for any additional shipping costs incurred by re-sending the item/s.
    2. If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to
      respond to any comments.We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
    3. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to
      be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
    4. In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, national, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses, worms or any other type of malicious code; (h) to gain unauthorised access to our website, the server on which our
      website is stored or any server, computer or database connected to our website; (i) to collect or track the personal information of others; (j) to spam, phish, pharm, pretext, spider, crawl, or scrape; (k) for any obscene or immoral purpose; or (l) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the service or any related website
      for violating any of the prohibited uses.
    5. By breaching these provisions, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.

6. Optional Tools

    1. We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
    2. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
    3. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
    4. We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

7. Third Party Links

    1. We may provide links to other websites for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources; we do not review or endorse, nor are we responsible or liable for:
      1. the privacy practices of such websites.
      2. the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services offered by such websites.
      3. the use which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
    2. You may link to our website, as long as you do so in a way that is fair and legal and doesn’t damage our reputation. Your link must not suggest any form of association, approval or endorsement on our part where none exists.

8. Intellectual Property and Right to Use

    1. You acknowledge all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the website.
    2. You acknowledge and agree that the material and content contained within the website is made available for your personal non-commercial use only. Any other use of the material and content of the website is strictly prohibited.
    3. You agree not to copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of the website or its content unless written permission has been obtained from Chalk & Moss.

9. Errors, Inaccuracies and Omissions

    1. Occasionally there may be information on our site or in the service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
    2. We are not responsible if information made available on this site is not complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
    3. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

10. Our Rights

    1. We reserve the right to modify or withdraw, temporarily or permanently, this website (or any part thereof) with or without notice to you; you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the website. Prices are subject to change without notice.
    2. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
    3. We may change these conditions from time to time; your continued use of the website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check to determine whether the conditions have been changed.

11. Products

    1. We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour
      will be accurate.
    2. Due to the individual nature of these products, colours may vary from the images on the website. Multiple items may also not be exactly the same colour, adding to their unique quality.

12. Prices and Payment Methods

    1. Purchases for goods and/or services may only be paid for using the payment methods we make available from time to time through our payment facility or by redeeming gift vouchers against us to put towards your purchase of goods and/or services on the website.
    2. When an item is purchased on chalkandmoss.com, your card will be charged at the end of the checkout process. You can pay securely by credit card or PayPal.
    3. If your payment is declined it means that your bank did not allow a charge on your card. If possible try another card. If the problem is not resolved you could contact your bank and they should be able to provide you with the reason for the decline.
    4. All prices shall be shown in the applicable currency and payable in that currency. You accept that some banks may charge you an additional fee for certain transactions (for example, international transactions).
    5. Import regulations and duty: If you order goods from our website for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. We have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

13. Promotional Codes

    1. By using a promotional code you will be deemed to have read and understood these terms and conditions and agree to be bound by them.
    2. The Terms on the website shall apply to promotional codes. If and to the extent there is a conflict or inconsistency between the terms and conditions of the website and these promotional code terms and conditions, the promotional code terms and conditions shall prevail to the extent of the conflict or inconsistency. The defined terms used in the website terms and conditions shall also apply to these promotional code terms and conditions.
    3. Promotional codes offered by the website can only be used on chalkandmoss.com and towards the purchase of items currently featured on our website, excluding delivery charges.
    4. Promotional codes are an arrangement between you and Chalk & Moss.
    5. Promotional codes cannot be used in conjunction with any other offer on chalkandmoss.com, including (but not limited to) any other chalkandmoss.com promotional code, in the same transaction, or for the purchase of gift vouchers.
    6. The discount associated with a promotional code is applied to your basket, excluding any delivery charges.
    7. Each promotional code will have a limited time period in which to be used and/or a maximum number of orders per code. The code will be invalid once these limits have been reached. Specific terms and conditions for each promotional code setting out any such limits can either be found in the communication you received with the code itself or on the specific promotional code terms and conditions page via the website (eg, via an on-site banner).
    8. Chalk & Moss reserves the right to suspend, change or cancel any promotional code, at any time, in the event of circumstances arising which make it necessary to do so. chalkandmoss.com may update these terms from time to time and reserves the right to add additional Terms for specific promotional codes as and where necessary. You should review the promotional code terms and conditions periodically for changes.
    9. Promotional codes have no cash value, cannot be transferred and cannot be forwarded or reassigned.
    10. Any refund you may be entitled to receive will not include the redemption value of the promotional code. You will receive no more than the amount you paid towards the final basket price.
    11. These promotional codes are provided and operated by Chalk & Moss Ltd, Rena, The Street, Shoreham by Sea, West Sussex, UK with registered company number: 11011734.

14. Security

    1. Rest assured that our site is secure and you can shop safely. We use recognised industry standard 3rd party payment processing tools that ensure your safety.

15. Indemnity

    1. You agree fully to indemnify, defend and hold us, and our employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the conditions by you or any other liabilities arising out of your use of this website.
    2. You agree to indemnify, defend and hold harmless Chalk & Moss and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

16. Limitation of Liability

    1. We make no warranty that the website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs. You use the website at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from its use.
    2. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
    3. While we will use reasonable endeavours to verify the accuracy of any information we place on the website, we make no warranties in relation to its accuracy. The website is provided on an “as is” and “as available” basis.
    4. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website. To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products. This does not affect your statutory rights as a consumer, nor does it affect your right to cancel a contract.
    5. Claims due to a manufacturer’s defect are wholly the responsibility of the manufacturer of the product. However, Chalk & Moss will liaise with their supplier of the product.
    6. Nothing in these Terms shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.
    7. We will not be liable for:
      1. any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings);
      2. any loss of goodwill or reputation;
      3. any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the conditions.

17. Waiver

    1. If we fail at any time to insist upon strict performance of any of your obligations under these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under them, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

18. Severability

    1. If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

19. Force majeure

    1. Where we are prevented from or delayed in carrying out obligations under these Customer Terms due to circumstances beyond our reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, inclement weather, epidemic, lock-outs, strikes or other labour disputes (whether or not relating our workforce), or restraints or delays affecting carriers or an inability or delay in obtaining supplies of adequate or suitable materials then our performance of our obligations shall be postponed for the period of time that the circumstances continue.

20. Law and jurisdiction

    1. Contracts for the purchase of goods or services through our website shall be governed by English law. Any dispute arising from, or related to, such contracts shall be subject to the exclusive jurisdiction of the courts of England.

Last amended 9 November 2017

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