Terms and Conditions

These terms and conditions ("Terms") (together with the documents referred to on it) tell you the Terms on which we supply the products listed on our website ("Products") to you. You should understand that by ordering any of our Products, you agree to be bound by these. Terms to the exclusion of all other terms and conditions.

1. Delivery

1.1 Please allow a handling time of 1-2 business days. Thereafter UK delivery will be by first class Royal Mail post and will take no longer than 2-3 business days. Delivery outside the UK will be 7-21 business days. Orders placed at the weekend or on a bank holiday will not begin processing until the next business day. Business days are Monday to Friday excluding UK bank holidays.

1.2 No responsibility for delays relating to matters outside of our control i.e. industrial action by postal workers or holidays whether it be within or outside the UK will be taken by ourselves.

2. Cancellation of Order

2.1 Any cancellation request will only be accepted by email notice provided providing the order has not already been shipped.

2.2 If you commit any breach of these Terms or if:

(a) you have a bankruptcy order made against you or you make an arrangement or composition with your creditors, or convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or documents are filed with the court for the appointment of an administrator or notice of intention to appoint an administrator is given by you or your directors or by a qualifying floating charge holder (as defined in paragraph 14 of Schedule B1 to the Insolvency Act 1986), or a resolution is passed or a petition presented to any court for your winding-up or for the granting of an administration order in respect of your business, or any proceedings are commenced relating to the insolvency or possible insolvency of your business; or

(b) you suffer or allow any execution, whether legal or equitable, to be levied on your or obtained against you, or you fail to observe or perform any of your obligations under the Contract or any other contract between us, or you are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 or you cease to trade; or

(c) you encumber or in any way any of the Products ("Insolvency Events") we may, at our discretion, cancel the contract between us.

3. Price and Payment

3.1 The price of any Products will be as quoted on our website, except in cases of obvious error.

3.2 These prices are quoted inclusive of packaging, and delivery

3.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you.

3.4 We are under no obligation to provide the Product to you at the incorrect (lower) price even after we have sent you an Order Confirmation.

3.5 Payments are to be made by PayPal, please allow the standard PayPal clearing time for PayPal eCheques and bear this in mind in the delivery timescale.

3.6 Payments by bank transfer, please email us for required details.

3.7 All payments are required to be made within 3 days of Product purchase. If not, we have the right to advertise the same Product for sale again.

4. Quality

4.1 Where we are not the manufacturer of the Products, we shall endeavour to transfer to you the benefit of any warranty or guarantee given to us.

4.2 We warrant that (subject to the other provisions of these conditions) upon delivery and for a period of seven (7) days from the date of delivery, the Products shall be of satisfactory quality within the meaning of the Sale of Goods Act 1979.

4.3 We shall not be liable for a breach of the warranty in condition 4.2 unless:

(a) you give written notice of the defect to us, within 7 days of the time when you discover or ought to have discovered the defect; and

(b) we are given a reasonable opportunity after receiving the notice of examining such Products and you (if asked to do so by us) return such Products to our place of business at your cost for the examination to take place there.

4.4 We shall not be liable for a breach of the warranty in condition 4.2 if:

(a) you make any further use of such Products after giving such notice; or

(b) the defect arises because you fail to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Products or (if there are none) good trade practice; or

(c) you alter or repair such Products without our written consent.

5. Our Liability

5.1 Subject to the other provisions of these Terms we shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Products (even if caused by our negligence), nor shall any delay entitle you to terminate or rescind the Contract unless such delay exceeds 180 days.

5.2 We shall not be liable for injury or adverse effects caused through use of the Product beyond that expected from normal use.

5.3 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased.

5.5 This does not include or limit in any way our liability:

(a) for death or personal injury caused by our negligence;

(b) under section 2(3) of the Consumer Protection Act 1987;

(c) for fraud or fraudulent misrepresentation; or

(d) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

6. Import Duty

6.1 If you order Products 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. Please note that 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.

6.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.

7. Written Communications

7.1 When using our website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

7.2 All notices given by you to us must be sent either via email to info@cheekymonkeypublishing.co.uk

7.3 Notices will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

8. Transfer of Rights and Obligations

8.1 The contract between you and us is binding on you and us and on our respective successors and assigns.

8.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

8.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

9. Events Outside Our Control

9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event").

9.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following strikes, lock-outs or other industrial action (whether or not relating to our workforce); civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic, adverse weather conditions or other natural disaster or acts of God; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks; and the acts, decrees, legislation, regulations or restrictions of any government.

9.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

10. Waiver

If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

11. Severability

If any of these Terms or any provisions of a Contract 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.

12. Entire Agreement

These Terms and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

13. Our Right to Vary These Terms and Conditions

13.1 We have the right to revise and amend these Terms from time to time in order to, without limitation, reflect changes in market conditions affecting our business, changes in technology, changes in payment methods and changes in relevant laws and regulatory requirements.

13.2 You will be subject to the policies and Terms in force at the time that you order products from us, unless any change to those policies or these Terms are required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the Terms, unless you notify us to the contrary within seven (7) working days of receipt by you of the Products).

14. Law and Jurisdiction

Contracts for the purchase of Products through our website will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

15. Returns

15.1 We accept returns within 7 days of customer receipt.

15.2 Customer will be liable for return costs.

15.3 Once returned, a tracking number and postal site link is to be provided to track parcel.

15.4 Refund to be processed on receipt of Product.