TERMS AND CONDITIONS
1. About Us
1.1 We (TCHORLY FOUNDATION), a company registered in England and Wales under company number 11545868 with our registered office at 205 Bronte Court, Rosehill Close Salford – M6 5JX United Kingdom (We or Us). We operate the website www.shermack.com (the Site).
1.2 If you wish to contact us for any reason, including because you have complaints, you can contact us by emailing our Team at firstname.lastname@example.org or by telephone at 0161 933 8714.
2.1 Please read the following terms and conditions (the Conditions) carefully as use of and/or buying from the Site means that you will be bound by them on purchasing any of the products (the Products) listed on our Site.
2.2 These Conditions apply to any contract between us for the sale of Products to you (a Contract). Please read these Conditions carefully and make sure you understand them before ordering any Products from our Site. Please note that before placing an order on the Site (an Order), you will be asked to agree to these Conditions. If you refuse to accept these Conditions, you will not be able to order any Products from our Site.
2.3 We reserve the right to remove, modify or change, without notice, any information on this Site from time to time. We may change these Conditions at any time by posting notice of the changes on the Site. If you use the Site after we have posted the changes, you will be bound by the new terms. You should therefore ensure that you read the Conditions each time you use the Site.
2.4 If we have to revise these Conditions as they apply to your Order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel the Contract, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, excluding any delivery charges.
3. Use of the Site
3.1 The content of this Site is owned by or licensed to us. You may not copy, reproduce, modify, distribute, republish, re-sell display, post or transmit any part of this Site without our permission. You may view or print individual pages only for your own personal use. We may suspend, alter, restrict or terminate at any time access to or use of this Site. https://tchorly.org/privacy-policy.
3.3 These Terms are governed by English law. This means your use of the Sites and any contract for the purchase of Items through the Sites; and any dispute or claim arising out of or in connection with the same will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction to settle any disputes arising out if these Terms or your use of the Sites.
4. Sale of Products
4.1 The images of the Products on our Site are for illustrative purposes only. We have made every effort to display the colours accurately, but we cannot guarantee that your computer’s display of the colours accurately reflects the colour of the Products.
5. Placing an Order
5.1 By placing an Order, you are offering to purchase Products on the following Conditions. All Orders are subject to availability and confirmation of the Order price by us. If we are unable to supply you with Products, we will inform you of this by e-mail and we will not process your Order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
5.2 Our shopping pages will guide you through the steps you need to take to place an Order with us. Our Order process allows you to check and amend any errors before submitting your Order to us. Please take the time to read and check your Order at any stage of the Order process.
5.3 The prices of the Products are inclusive of VAT and will be as quoted on our Site at the time you submit your Order. The prices of the Products may change from time to time but will not affect any Order you have already placed.
5.4 After you place an Order, you will receive an email from us acknowledging that we have received your Order. However, please note that this does not mean your Order has been accepted.
5.5 We will confirm our acceptance to you by sending you an email that confirms that the Products have been dispatched (a Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
6.1 Dispatch times may vary according to availability and any guarantees warranties or representations made as to delivery times are limited to mainland UK and are on the basis that we are not responsible for any delay in delivery occurring due to postal delays or events outside of our control.
6.2 We will contact you with an estimate delivery date, which will be within 3-5 days after the date of the Dispatch Confirmation.
6.3 Delivery of an Order will be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.
6.4 You own the Products once we have received payment in full, including all applicable delivery charges.
6.5 If we miss the (3-5) day delivery deadline for any Products, you may cancel your Order straight away if:
6.5.1 we have refused to deliver the Products;
6.5.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances); and
6.5.3 you told us before we accepted your Order that delivery within the delivery deadline was essential.
6.6 If you do not wish to cancel your Order straight away or do not have the right to do so, you can give us a new reasonable deadline for delivery. You may cancel your Order, if we do not meet the new deadline.
6.7 If you choose to cancel your Order for late delivery, you can do so for some of the Products or all of them unless splitting them up will significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them and we will pay the costs of this. After you cancel your Order, we will refund any sums you have paid to us for the cancelled Products and their delivery.
7. International Dispatch
7.1 We deliver to specific countries and have shops across the world. To ensure your location is captured, please contact our team via email or phone (https://tchorly.org/contact-us/).
7.2 If you order Products from our Site for delivery to one of the International Delivery Destinations, your Order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
7.3 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your Order.
7.4 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
8.1 You can only pay for Products using a debit card, credit card, PayPal or gift vouchers. We accept the following: Mastercard and Visa credit cards, Visa, Maestro, Delta, Electron debit cards, American Express charge cards and you can also use PayPal. 8.2 For orders that are placed through the website customers are still contracting with Tchorly Foundation and in the event of a dispute or a refund Tchorly Foundation would be responsible.
8.3 Delivery costs will be charged in addition to the price payable for Products. Delivery costs are clearly displayed where applicable and will be advised to you during the check-out process before you confirm your Order.
9.1 Consumers have a legal right to cancel a Contract during the period set out below. This means that during the relevant period, if you change your mind or decide for any other reason that you do not want to receive or keep the Products, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.
9.2 Unless the Product is faulty, this cancellation right does not apply.
9.3 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below: Your Contract End of the cancellation period
Your Contract is for a single item (which is not delivered in instalments on separate days). The end date is the end of 14 days after the day on which you receive the Products. Your Contract is for either of the following:
The end date is 30 days after the day on which you receive the last instalment of the Products or the last of the Products ordered. Your Contract is for the regular delivery of an item over a set period. The end date is 30 days after the day on which you receive the first delivery of the Products.
9.4 To cancel a Contract, you just need to let us know that you have decided to cancel. You can email us at email@example.com or contact our Customer Services team by telephone on 0161 933 8714. If you are emailing us or writing to us, please include details of your Order to help us to identify it.
9.5 If you cancel your Contract, we will:
9.5.1 refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the Products, if this has been caused by your handling them in a way which would not be permitted in a shop (if we refund you the price paid before we are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount);
9.5.2 refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method); and
9.5.3 make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
188.8.131.52 if you have received the Products and we have not offered to collect them from you: 14 days after the day on which we receive the Products back from you or, if earlier, the day on which you provide us with evidence that you have sent the Products back to us; or
184.108.40.206 if you have not received the Products or you have received them and we have offered to collect them from you: 14 days after you inform us of your decision to cancel the Contract.
9.6 If you have returned the Products to us because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the Product to us.
9.7 We will refund you on the credit card, debit card or PayPal accounts used by you to pay. If you used vouchers to pay for the Products, we may refund you in vouchers.
9.8 If the Products have been delivered to you before you decide to cancel your Contract:
9.8.1 you must return them to us without undue delay once the contract is cancelled. The cancellation of the contract does not affect your statutory rights. To send back please see our returns page for information.
9.8.2 unless the Products are faulty or not as described, you will be responsible for the cost of returning the Products to us. If the Products cannot be returned by post, we estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums we charged you for delivery.
9.9 Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described.
These legal rights are not affected by your right of return and refund or anything else in these Conditions. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
10. Limitation of Liability
10.1 If we fail to comply with these Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Conditions or our negligence, we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.
10.2 We only supply the Products for domestic and private use. You agree not to use the Products for any commercial, business, resale or rehire purposes and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
10.3 We do not in any way exclude or limit our liability for:
10.3.1 death or personal injury caused by our negligence;
10.3.2 fraud or fraudulent misrepresentation;
10.3.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
10.3.4 any breach of terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
10.3.5 defective products under Consumer Protection Act 1987.
11. Use of Tchorly, Images and Site
11.1 The Tchorly name and trademark remain the property Shermack Construction Limited at all times. You may only use them to directly advertise or otherwise market genuine Tchorly Products. Any use of the Tchorly Name and trademarks in a manner that suggests a connection between you and us other than as customer and supplier is expressly forbidden. You may not register a domain name consisting of or incorporating the words “Tchorly”. You may not set up an on-line or a physical shop called “Tchorly”. The use of photographs and other copyright material requires our permission.
11.2 You may link to our Site, 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 Site must not be framed on any other site, nor may you create a link to
any part of this Site other than the home page. We reserve the right to withdraw linking permission without notice.
11.3 This Site may contain links to other sites, which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content or availability of those sites.
12. Events Outside Our Control
12.1 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 an Event Outside Our Control. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, 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 or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
12.2 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
12.2.1 we will contact you as soon as reasonably possible to notify you; and
12.2.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
12.3 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel a Contract please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products that you have already received and we will refund the price you have paid, including any delivery charges.
13.1 Emails to you will be sent to the address you specify to us. You must provide us with a valid email address, and it is your responsibility to inform us of any changes to that address. By placing an Order with us, you are agreeing to receive email communications from us.
13.2 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Conditions. We will always notify you by posting on this webpage of the Site if this happens.
13.3 You may only transfer your rights or your obligations under these Conditions to another person if we agree in writing. Consumers who have purchased Products as a gift may transfer the benefit of our warranty to the recipient of the gift without needing to ask our consent.
13.4 A person who is not a party to the Contract shall not have any rights under or in connection with it pursuant to the Contracts (Rights of Third Parties) Act 1999.
13.5 If any provision of the Contract (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of the Contract, and the validity and enforceability of the other provisions of the Contract shall not be affected.
13.6 These Conditions shall be construed in accordance with English law and the courts of England. This means a Contract for the purchase of Products through the Site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction. If you are a resident of Northern Ireland, you may bring proceedings in
Northern Ireland and if you are a resident of Scotland, you may bring proceedings in Scotland.
14. Discount Codes
14.1 Account discount codes – Discount codes may from time to time be offered to our account holders; such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered.
14.2 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 though this Site.
14.3 The conditions of use relating to any discount code will be specified at the time of issue.
14.4 Unless stated, promotion codes aren’t valid on sale items.
15. Gift Vouchers
15.1 Gift vouchers are only valid for a limited time and the voucher must be used by the date shown on the voucher – check your voucher to find out when to use it by.
15.2 Unless otherwise stated, gift vouchers will expire automatically, 6 months after purchase.
15.3 We do not accept any responsibility for stolen or deleted gift vouchers.
15.4 We’ll despatch your gift voucher either as soon as payment has been cleared or on your specified delivery date (if this is later). We shall not be responsible for any delays, no matter how they are caused.
15.5 Please double check the delivery email address you enter – it is your responsibility to do so and we’re afraid we can’t be held responsible if a gift voucher is used by someone other than the intended recipient if the email address that you have entered is incorrect. In addition, we can’t take responsibility for any gift vouchers that are lost or used by someone other than the intended recipient after delivery. Make sure the
intended recipient has received their gift voucher, as it is their responsibility to keep the voucher details safe.
15.6 From time to time, gift vouchers may get caught in pesky spam filters, and it’s up to the recipient to check these filters. We can’t take responsibility if a gift voucher cannot be delivered to the recipient’s email address because of spam filters, firewalls, the capacity of the recipient’s mailbox or any other factors outside of our control.
15.7 The Gift Card is not for re-sale and cannot be exchanged for cash. No change or refund will be given.