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Terms of service

1. General

Welcome, and thank you for your interest in, Che by Chelsey) and our websites at www.chebychelsey.com by us (collectively, the “Service”). Please read the Privacy Policy for information regarding how we collect, use and disclose your personal information. The Terms of Service (“Terms”) included below are a legally binding contract between you and Company regarding your use of the Service.

Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

We reserve the right to refuse service to anyone for any reason at any time. We maintain the right to cancel orders if we deem fit, or if there are any technical errors. We remain the right to refuse business or an order. 

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Chelsey Comfort is owned by ROC LLC, registered in Delaware, DI. Contact email: support@chelseycomfort.com

All orders are handled by Roc LLC, registered in Delaware. TAX ID #47-2228358

2. Privacy Policy

We are committed to protecting your privacy on-line. We appreciate that you do not want the personal information you provide us to be distributed indiscriminately and here we explain how we collect information, what we do with it and what controls you have.

We will not disclose any customer information to third parties except in cases where a service we provide requires such details, for example arranging a customer delivery. Further, we will not sell your name, address, e-mail address, credit card information or any personal information to any third party.

You can tell us not to contact you with information regarding our products and services either at the point such information is collected on the Site (by checking or unchecking (as directed) the relevant box) or, where you do not wish us to continue to use your information in this way, by following the unsubscribe instructions on any communications sent to you. You can also exercise the right at any time by contacting us using the Contacting us details at the end of this privacy policy.

3. Your consent

By using this website, you consent to the collection and use of information in accordance with this privacy policy.

4. Use of your personal data

We can only provide the goods and services ordered by you if you provide us with your personal data. For the purpose of providing these services, we collect personal data about you such as your name, address, email address, telephone or mobile phone number. We will use the information you provide for the purposes described in this privacy policy to which you agreed to at the time your data was obtained. Your personal data will be used to:

- Provide you with the information, goods and services offered through our website, for billing and order fulfilment.

- Administer your account with us

- Improve the layout and/or content of the pages of our website and customise them for users

- identify visitors to our website, carry out research on our users demographics and tracking of sales data

- Send you information you have requested from us, including information about our products and services, provided you have indicated that you do not object to being contacted for these purposes.

5. Accuracy of Billing and Account Information 

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. System pricing errors as well. 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. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Return Policy 

5. Communication & Marketing

Subject to obtaining your consent we may contact you by writing to you by email with details of other products, and services or competition. If you prefer not to receive any marketing communications from us, you can opt out at any time.

6. Your rights

If you are concerned about your data, you have the right to request access to the personal data that we may hold or process about you. You have the right to inform us to correct any inaccuracies in your data free of charge. We welcome your feedback and questions. If you wish to contact us, please write to us by email at support@chelseycomfort.com

7. Security

We place great importance on the security of all sensitive information associated with our users. We have security measures in place to protect against the loss, misuse and alteration of personal information under our control. We will use technical and organizational measures to safeguard your personal data, for example:

- access to your account is controlled by password and username which are unique to you

- we store your personal data on secure servers; payment details are encrypted using SSL technology. You should bear in mind that submission of information over the internet is never entirely secure. We cannot guarantee the security of information you submit via the website whilst it is in transit over the internet and any such submission is at your own risk. All we can do is use all our reasonable efforts to safeguard your data and ensure that we maintain a reliable and safe environment to use your data It is advisable to close your browser when you have finished your user session to help ensure others do not access your personal information whether because you use a shared computer or a computer in a public place.


Section Prohibited Uses

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, 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 or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) 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.

 

8. Cookies

A cookie is a text file which is stored in your computer's software with your permission. If you allow cookies, your browser will add the text to a separate file. ChelseyComfort and its affiliates use cookies to monitor your shopping bag and keep statistics about our visitors. The information stored on your computer is only a unique number without any connection to personal information. In your browser settings you can choose to accept cookies or not. You can also delete cookies that have been stored on your computer at any time. When you visit the parts of Che by Chelsey and its affiliates' sites that can be customized to your user profile, or requires you to be logged in, your browser must be set to allow cookies. Otherwise, you can visit all parts of our websites without allowing cookies and without revealing your identity.

9. Third party sites

Our site may contain links to and from the websites of our partner networks, advertisers and other third parties. Please note that if you follow a link to any of these websites, they have their own privacy policies and we do not accept any responsibility or liability for these policies.

10. Prohibitions

You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Che by Chelsey will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

11. Intellectual Property, Software and Content

The intellectual property rights in all software and content made available to you on or through this Website remains the property of Che by Chelsey or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by ChelseyComfort and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

Che by Chelsey are trade marks belonging to Roc LLC. No licence or consent is granted to you to use these marks in any way, and you agree not to use these marks or any marks which are colorably similar without the written permission of ChelseyComfort.

12. Terms of Sale

By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force major for which we will not be responsible

In order to contract with ChelseyComfort you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. ChelseyComfort retains the right to refuse any request made by you. If your order is accepted we will inform you by email. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods.

13. Our Contract

When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. We maintain the right to cancel an order once you place it due to pricing discrepancies pensancies or any technical errors on our website.  A contract between us for the purchase of the goods will not be formed until your payment has been approved by us and we have debited your credit or debit card or have sent you the invoice.

14. Pricing and Availability Errors and Inaccuracies and Omissions 

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).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Sales tax will be charged on orders shipping to California State. No other tax or import duty will be applied to orders shipped within the US. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'. Depending on the country of origin VAT, fees and taxes might be charged extra.

General Payment Terms. Before you pay any fees for items you’d like to purchase (“Products”), you will have an opportunity to review and accept the fees that you will be charged.

 Company reserves the right to determine pricing for Products. Company will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information. Company may change the fees for any Product at any time. Company, at its sole discretion, may make promotional offers with different features and different pricing to any of Company's customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.

Shipping Charges; Shipping Restrictions. We will list shipping charges for your order upon checkout, and you must pay all shipping charges for the location of the address you provide. Please note that international packages may be subject to duties and taxes. You must also pay all tariff, import, customs, tax, and other charges applicable in your jurisdiction. The limits for duty-free packages are established by your local customs authorities. Please check your local customs website for more information. Due to restrictions from our financial partners or restrictions by law, Company does not ship to the following locations: Belarus, Burma, Congo, Cote d'Ivoire, Crimea, Cuba, Iran, Iraq, Lebanon, Liberia, Libya, North Korea, Somalia, Sudan/South Sudan, Syrian Arab Republic, Yemen, and Zimbabwe.

Delivery. Company will attempt in good faith to deliver your items in accordance with your order, but Company will not be responsible or liable for any delays or failure in such delivery. Company expressly reserves the right to effect delivery of any order in any number of separate shipments, and the modes of transport and carriers will be decided at Company's discretion. Your order will be delivered to the delivery address you specify when placing your order. If your delivery address is geographically remote or otherwise difficult to deliver to, it is possible that we may not be able to deliver there. Company will not be responsible or liable for any delay or failure to deliver due to any cause which is unavoidable or beyond Company's reasonable control. In such cases, Company will have the right, at its option, without penalty or any liability for breach, to terminate all or any part of any order or to reschedule delivery within a reasonable time.

The Service may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that you may place based on information on the Service that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.

a. Payment

Upon receiving your order we carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorisation check has been completed. Your card will be debited once the order has been accepted.

b. Discount Codes

Promotional discount codes - We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made through this Website. The conditions of use relating to any discount code will be specified at the time of issue. These T&Cs relate to all ChelseyComfort promotions, competitions and discount codes (unless otherwise stated). • Only one promotion code can be used per order. • A promotion code can't be used after an order has been placed.

15. Disclaimer of Liability

Disclaimer of Warranties, Limitation of Liability 

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

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.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Che by Chelsey, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law ChelseyComfort and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect ChelseyComfort’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

16. Linking to this Website

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, but 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.

You must not establish a link from any website that is not owned by you.

This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

17. Disclaimer as to ownership of trade marks, images of personalities and third party copyright

Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and images of third party products, services and/or locations featured on this Website are in no way associated, linked or affiliated with ChelseyComfort and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to ChelseyComfort.

Indemnity

You agree to indemnify, defend and hold harmless ChelseyComfort, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.

Variation

ChelseyComfort shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

Invalidity

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise: please let us know if you have any complaints or comments.

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Governing Law and Jurisdiction

These terms and conditions are to be construed in accordance with the laws of Spain and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the Spanish courts.

Entire Agreement

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and ChelseyComfort. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of ChelseyComfort.