Terms and Conditions

1. INTRODUCTION

This document (together with the documents mentioned herein) establishes the conditions governing the use of this website (www.chunkycut.com) and the purchase of products on it (hereinafter referred to as the "Conditions").
We suggest you to carefully read the Conditions, our Cookies Policy and our Privacy Policy before using this website. When you use this website or place an order on it, you are aware that you are bound by these Conditions and our Privacy Policy, so if you do not agree with all of the Conditions and with the Privacy Policy, you should not use this website.
These Conditions may be modified without notice. It is your responsibility to read them periodically, as the current conditions at the time of formation of the relevant Contract (as defined below) or of use of this website shall be those that apply. If you have any query regarding the Privacy Policy you may contact us by using the contact form.

The Contract (as defined in section 6) may be executed, at your option, in any of the languages in which the Conditions are available on this website.

2. OUR DETAILS

Sale of goods through this wesite is carried out by Chunkycut, the e-commerce branche and trademark of GenixWorks S.A, a Luxembourg company:
Parc d’Activités 83
L-8308 Capellen

VAT LU 21364141
RC B 95224

You can contact us at: contact@chunkycut.com

3. YOUR DETAILS AND YOUR VISITS TO THIS WEBSITE

The information or personal details that you provide us with shall be processed in accordance with our Privacy Policy. When you use this website, you agree to the processing of the information and details and you state that all information and details provided are true and accurate.

4. USE OF OUR WEBSITE

When you use this website and place orders through it, you agree to:

Use this website to make legally valid enquiries and orders only.
Not to make any false or fraudulent orders. If an order of this type may reasonably be considered to have been placed, we shall be authorised to cancel it and inform the relevant authorities.
Provide us with your email address, postal address and/or other contact details truthfully and exactly. You also agree that we may use this information to contact you if necessary (see our Privacy Policy). If you do not provide us with all the information we need, you cannot place your order. When you place an order on this website, you state that you are over the age of 18 and are legally eligible to enter into contracts.

5. SERVICE AVAILABILITY

The articles offered on this website are available for delivery in the countries mentionned in our delivery service.

6. FORMALISING THE CONTRACT

The information contained in these Conditions and the details contained on this website do not constitute an offer of sale, rather an invitation to treat. There shall be no contract between you and us in relation to any product until your order has been expressly accepted by us. If your offer is not accepted and your account has already been charged, the amount of the same shall be reimbursed in full.
To place an order, you must follow the online purchasing procedure and click "Place Order". After doing so, you will receive an email confirming receipt of your order (the "Order Confirmation"). Keep in mind that this does not mean that your order has been accepted, since it constitutes an offer that you are making to us to buy one or more products. All orders are subject to our approval, which you will be informed via an email in which we will confirm that the order is being sent (the "Shipping Confirmation"). Your order details shall be attached to the Shipping Confirmation, including a tracking number. The contract between us to buy a product (the "Contract") shall be formalised only when we send you the Shipping Confirmation. We are not obliged to provide you with any other product that has not been ordered until we confirm that these have been sent in a Delivery Confirmation.

7. AVAILABILITY OF PRODUCTS

All products orders are subject to availability of the same. Along this line, if there are difficulties regarding the supply of products or there are no more items left in stock, we reserve the right to provide you with information on substitute products of the same or higher quality and value that you may order. If you do not wish to order the substitute products, we will reimburse any amount that you may have paid.

8. REFUSAL TO PROCESS AN ORDER

We reserve the right to remove any product from this website at any time and to remove or modify any material or content from the same. Although we will always do everything possible to process all orders, there may be exceptional circumstances that force us to refuse to process an order after having sent the Order Confirmation, and we reserve the right to do so at any time. We shall not be liable to you or to any third party for removing any product from this website for removing or modifying any material or content from the website, or not processing an order once we have sent the Order Confirmation.

9. DELIVERY

See our “Shipping info”.
If for any reason we are unable to comply with the delivery date, we will inform you of that situation and we will give you the option to continue with the purchase, establishing a new delivery date, or cancel the order with full reimbursement of the amount paid. Keep in mind in any case that we do not make home deliveries on Saturdays or Sundays. For the purposes of these Conditions, "delivery" shall be understood to have taken place or the order "delivered" as soon as you or a third party indicated by you acquires physical possession of the goods, which will be evidenced by the signing of the receipt of the order at the agreed delivery address.

10. INABILITY TO DELIVER

If the delivery service is unable to deliver your order, they will try a second time and you'll be notified. If you’re unable to collect your order at our second attempt, we ask you to contact us to organise a delivery on another day.

If after 15 days from the date your order is available for delivery, the order (here “Agreement”) could not be delivered for reasons not attributable to us, we shall assume that you wish to cancel the order. As a result of the termination of the Agreement, we will return to you all payments, excluding delivery charge, without any undue delay, and at any rate, within 14 days of the date on which we deem this Agreement to have been terminated.

11. TRANSMISSION OF RISK AND OWNERSHIP OF THE PRODUCTS

The product risks shall be your responsibility from the moment of delivery as defined in clause 9 above. You will take ownership of the products when we receive full payment of all amounts due in relation to the same, including delivery fees, or at the moment of delivery, if that were to take place at a later time.

12. PRICE AND PAYMENT

The price of the products will be as stipulated at all times on our website, except in the case of an obvious error. Although we make every effort to ensure that the prices featured on the web page are correct, error may occur. If we discover an error in the price of any of the products that you have ordered, we will inform you as soon as possible and give you the option of confirming your order at the correct price or cancelling it. If we are unable to contact you, the order will be considered cancelled and all amounts paid will be reimbursed to you in full.

We are not obliged to provide you with any product at the incorrect lower price (even when we have sent the Delivery Confirmation) if the error in the price is obvious and unmistakable and could have reasonably been recognised by you as an incorrect price.

The prices on the website include VAT, but exclude delivery fees, which are added to the total price as indicated in our page “Delivery Service”

Prices may change at any time. However, except as stipulated above, the changes shall not affect the orders for which we have sent an Order Confirmation.

Once you have selected all articles that you wish to buy, those will have been added to your basket and the next step will be to process the order and make payment. To that end, you must follow the steps of the purchase process, filling up or verifying the information requested in each step. Furthermore, throughout the purchase process, before payment, you can modify the details of your order. If you are a registered customer, a record of all the orders placed by you is available in "My Account" area.

You may use, as payment method, the cards Visa, Mastercard, Maestro, American Express, Paypal. and Bank Transfer Payment.

To minimise the risk of non-authorised access, we use a secured connexion. Once we receive your order, we will make a pre-authorization on your card to ensure that there are sufficient funds to complete the transaction. The charge on your card will be made at the time your order leaves our warehouse.

Please be aware that we don’t keep your credit card number in our database.

When you click "Authorise Payment", you are confirming that the credit card is yours.

Credit cards are subject to verification and authorisation by the card issuing entity, but if the entity does not authorise the payment, we shall not be liable for any delay or failure to deliver, and we will be unable to formalise any Contract with you.

For Bank Transfer Payment, please allow us 3-4 open banking days to receive your payment. Immediatly after that, we can confirm and ship your order. If we don't receive your bank transfer payment after 5 open banking days, we will cancel your order without notice.

13. EXPRESS CHECKOUT

The Express Checkout feature (hereafter "Express Checkout") makes it easier for you to make purchases on this website as you do not have to enter shipping, billing and payment information for each purchase. Express Checkout is available in the View Basket section.

To use Express Checkout you need a Paypal account.

Please note that Chunkycut doesn't save your card informations.

14. BUYING GOODS AS A GUEST

The functionality of buying goods as a guest is also available on the website. Under this type of purchase, only such data which are essential to process your order will be requested from you. Upon completion of the purchase process, you will be offered the possibility of registering as a customer or continue as a non-registered customer.

15. BUYING GOODS AS A REGISTERED CUSTOMER

You may create an account on our website. It will allows you to save essential data from such as the name and delivery adress and will not be requested to fill out all the informations during the order, since we saved some of them. With your accound, you can follow your orders and use your wishlist.

We use these informations only in the context of our transactions between us and to finalize your orders more easily. We will never use your informations for a commercial purpose without your aggreement. For more details, please read our Privacy Policy.

16. VALUE ADDED TAX

Pursuant to the prevailing rules and regulations in force, all purchases done through the website are subject to the Value Added Tax (VAT),

In this regard and pursuant to Chapter I of Title V of Council Directive 2006/112/EC of 28 November 2006, on the common system of value added tax, the place of supply shall be deemed to be within the Member State of the address where items shall be delivered, and applicable VAT shall be at the prevailing rate in each Member State where items are to be supplied as per the orders placed.

17. RETURN POLICY

You have the right to return the items ordered, within 14 days, without giving any reason.

This legal right of withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods or in case of multiple goods in one order delivered separately, physical possession of the last good.

To exercise the legal right of withdrawal, you must notify us by email at contact@chunkycut.com , using the email model and the Return Form, downlable in our Return Policy.

You shall return the goods to us by sending them back by your own means and at your charge to Chunkycut, Parc d’Activités 83, L-8308 Capellen, Luxembourg (together with the printable "Return Form" in our return policy). The shipping fees for the return will not be reimbursed.

Effects of the legal right of withdrawal

If you cancel and return your order, we shall reimburse to you all payments received from you, excluding the costs of delivery without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw your order. We will carry out such reimbursement using the same means of payment as you used for the initial transaction unless if you agree expressly to another means of payment. In any event, you will not incur any fees as result of such reimbursement. Notwithstanding the foregoing, we may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall return the goods to us either by sending them back by your own means and at your charge to Chunkycut, Parc d’Activités 83, L-8308 Capellen, Luxembourg (together with the printable "Return Form" in our return policy. Choose reason number 9, Legal right of withdrawal). You must return the goods without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from your order. The deadline is met if you send back the goods before the period of 14 days has expired.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Contractual right of withdrawal

In addition to the legally recognised right to cancel for consumers and users, we grant you a period of 28 days from the date when you received the products to return them.

You may exercise your right of withdrawal, however should you inform us about your intention of withdrawing from the Contract after the legal term for withdrawal, you shall, in any case, return the goods to us within the 28 day term as from date of receiving them.

Upon cancellation, the respective products shall be returned as follows:

Please remember to present the Return Form completed, (which is printable in our Return Policy section under shipping info), together with the returned goods. We urge you to return the product as soon as possible.

If you wish to return underwear, swimwear or any items marked with a + next to the product name, please do not remove the original wrapping for hygiene reasons.

All goods will be inspected on return : The items must be in new, unworn, and unwashed condition, all hang tags and clothing labels must be attached and untampered with.

The goods are under your responsibility until they reach us. Please, make sure it’s properly packed and can’t get damaged on the way.

After examining the article, we will inform you of whether you have the right to reimbursement of the amounts paid. The refund will be paid as soon as possible and, in all cases, within 14 days from the date on which you notified us of your intention to cancel. Notwithstanding the foregoing, we may withhold the reimbursement until we have received the goods back, or until you have supplied evidence of having sent back the goods, whichever is the earliest. The refund will always be paid using the same payment means you used to pay for your purchase.

If you have any questions, you can contact us on our contact form or by email at contact@chunkycut.com

Returns of defective products

In the cases in which you consider that at the moment of delivery the product is not as stipulated in the Contract, you must contact us immediately on our contact form, providing the product details and the damage sustained, or emailing us at contact@chunkycut.com where we will indicate what you need to do.

You can return the product to Chunkycut (GenixWorks SA), Parc d’Activités 83, L-8308 Capellen, Luxembourg (together with a filled Return Form, printable in our return policy).

We will carefully examine the returned product and will notify you by e -mail within a reasonable period if the product may be refunded or replaced (as appropriate). The refunding or replacement of the article shall take place as soon as possible and in all cases within 14 days from the date on which we send you an email confirming the that refund or replacement of the product is going ahead.

The amounts paid for the products returned due to any damage or defect, when it actually exists, will be reimbursed in full, excluding the delivery costs related to sending the article and the costs to you for returning it to us. The refund shall be paid by the same payment means you used to pay from the purchase.

All rights recognised in current legislation shall be, in any case, safeguarded.

18. LIABILITY AND WAIVING LIABILITY

Unless otherwise indicated expressly in these Conditions, our liability regarding any product acquired on our website shall be limited strictly to the price of purchase of said product.

Notwithstanding the above, our liability shall not be waived nor limited in the following cases:

In case of death or personal harm caused by our negligence;
In case of fraud or fraudulent deceit;
Or in any case in which it were illegal or illicit to exclude, limit or attempt to exclude or limit our liability.

Notwithstanding the paragraph above, and to the extent legally allowed, and unless these Conditions indicate otherwise, we shall not accept any liability for the following losses, regardless of their origin:

Loss of income or sales;
Loss of business;
Loss of profits or contracts;
Loss of forecast savings;
Loss of data; and- loss of management time or office hours.

All product descriptions, information and materials shown on this website are provided "as is", with no express or implied guarantees on the same, except those legally established. In this sense, if you are contracting as a consumer or user, we are obliged to deliver goods that are in conformity with the Contract, being liable to you for any lack of conformity which exists at the time of delivery. It is understood that the goods are in conformity with the Contract if they:

Comply with the description given by us and possess the qualities that we have presented in this website
Are fit for the purposes for which goods- f the kind are normally used and
Show the quality and performance which are normal in goods of the same type and can which can reasonably be expected.

The products that we sell, especially artisan products, often have the characteristics of the natural materials used in manufacturing them. These characteristics, such as variations in grain, texture, knots and color, may not be considered defects or damage. On the contrary, you must count on their presence and appreciate them. We select only products of the highest quality but natural characteristics are inevitable and should be accepted as part of the individual appearance of the product.

The provisions in this clause shall not affect your rights as a consumer and user, nor your right to cancel the Contract.

19. INTELLECTUAL PROPERTY

You recognise and agree that all copyrights, registered trademarks and other intellectual property rights to the materials or contents provided as part of the website belong to us at all times or to those who grant us license for their use. You may use said material only to the extent that we or the usage licensers authorise it expressly. This does not prevent you from using this website to the extent necessary to copy the information on your order or Contact details.

20. VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS

You must not make undue use of this website by intentionally introducing a virus, Trojan horse, worm, logic bombs or any other software or technologically damaging or harmful material. You shall not attempt to make unauthorised access to this website, the server on which the site is housed or any server, computer or database related to our website. You agree not to attack this website through any attack of denial of service or an attack of distributed denial of service.

Failure to comply with this clause shall be considered an infraction as defined under the applicable regulations. We will report any failure to comply with this regulation to the corresponding authorities, and we will co-operate with them to determine the identity of the attacker. Likewise, in the event of failure to comply with this clause, authorisation to use this website shall be suspended immediately.

We shall not be held liable for any damage or harm resulting from a denial of service attack, virus or any other software or technologically damaging or harmful material that may affect your computer, IT equipment, data or materials as a result of using this website or downloading content from the same or those to which this site redirects you.

21. LINKS FROM OUR WEBSITE

If our website contains links to other websites and third -party materials, said links are provided for information purposes only and we have no control whatever over the content of those websites or materials. Therefore, we shall not accept any liability for any damage or harm deriving from their use.

22. WRITTEN COMMUNICATIONS

The applicable regulations require that some of the information or notification that we send to you be in written form. By using this website, you agree that most of the communication with us will be electronic. We will contact you by e -mail or we will provide you information by posting alerts on this website. For contractual purposes, you agree to use this electronic means of communication and accept that all contracts, notifications, information and other communication that we send you electronically complies with the legal requirements of providing it in writing. This condition will not affect your rights as recognised by law.

23. NOTIFICATIONS

The notifications that you send us must be sent preferably through our contact form.

It shall be understood that the notifications have been received and have been carried out correctly as soon as they are posted on our website or 24 hours after they have been sent by e-mail. As proof that the notification has been sent it shall be sufficient to prove, in the case of an email, that the notification was sent to the email address specified by the recipient.

24. TRANSFER OF RIGHTS AND OBLIGATIONS

The Contract is binding both for you and for us, as well as for our respective successors, transferees and heirs.

You may not transmit, cede, levy or in any other way transfer a Contract or any of the rights or obligations derived from the same, without having obtained our written consent in advance.

We may transmit, cede, levy, subcontract or in any other way transfer a Contract or any of the rights or obligations derived from the same, at any time during the life of the Contract. To avoid any doubt, said transmissions, cessions, levies or other transfers shall not affect the rights that, as applicable, you have as a consumer recognised by law or can cel, reduce or limit in any way the express and tacit guarantees that we may have given you.

25. FORCE MAJEURE

We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under a Contract when caused by events that are beyond our reasonable control ("Force Majeure").
Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following:

Strike, lockout or other forms of protest.
Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.
Fire, explosion, storm, flood, earthquake, collapse, epidemic or any other natural disaster.
Inability to use trains, ships, aircraft, motorised transport or other means of transport, public or private.
Inability to use public or private telecommunication systems.
Acts, decrees, legislation, regulations or restrictions of any government or public authority.
Strike, failure or accident in maritime or river transport, postal transport or any other type of transport.

It shall be understood that our obligations deriving from Contracts are suspended during the period in which Force Majeure remains in effect, and we will be given an extension of the period in which to fulfil these obligations by an amount of time equal to the time that the situation of Force Majeure lasted. We will provide all reasonable resources to end the situation of Force Majeure or to find a solution that enables us to fulfil our obligations by virtue of the Contract despite the situation of Force Majeure.

26. WAIVING RIGHTS

The lack of requirement on our part for strict compliance on your part with any of the obligations assumed by you by virtue of a Contract or of these Conditions or a lack of exercising on our part of the rights or actions that correspond to us by virtue of this Contract or of the Conditions shall not constitute the waiving or limitation of said rights or actions, nor exonerate you from fulfilling said obligations.

The waiving on our part of a specific right or action shall not constitute the waiving of other rights or actions derived from the Contract or from the Conditions.

The waiving on our part of any of these Cond itions or of the rights or actions derived from the Contract shall not take effect unless expressly stipulated that it is a waiving of rights and is formalised and notified to you in accordance with the provisions of the Notifications section above.

27. PARTIAL ANNULMENT

Should any of these Conditions or any provision of a Contract be declared null and void by firm resolution from the corresponding authority, the remaining terms and conditions shall remain in effect without being affected by said declaration of annulment.

28. ENTIRE AGREEMENT

These Conditions and any document referenced in the same constitute the entire agreement between you and us as regards the purpose of the same, replacing any previous pact, agreement or promise made between you and us verbally or in writing.

You and ourselves acknowledge that we have agreed to enter into the Contract without depending on any declaration or promise made by the other party or that could have been inferred from any statement or document in the negotiations entered into by the two parties prior to said Contract, except those expressly mentioned in these Conditions.

Neither you nor ourselves shall take any action regarding any untrue statement made by the other party, verbally or in writing, prior to the date of the Contract (unless said untrue statement was made fraudulently) and the only action that may be taken by the other party shall be due to breach of contract in accordance with the provisions of these Conditions.

29. OUR RIGHT TO VARY THESE TERMS

We have the right to review and modify these Conditions at any time and will notifiy you at any important changes.

You are subject to the policies and Conditions in effect at the moment in which you use this website or place each order, except when by law or decision of governmental entities we must make changes retroactively to said policies, Terms or Privacy Statement, in which case the possible changes will also affect orders made previously by you.

If you are entering into the contract as a consumer, nothing in this clause shall affect the rights you have, as recognised in any applicable legislation in effect.

30. APPLICABLE LEGISLATION AND JURISDICTION

The use of our website and the product purchase contracts through said website shall be governed by Luxembourgish legislation. Any controversy that arises or is related to the use of the website or said contracts shall be subject to the exclusive jurisdiction of the Luxembourgish courts.

31. COMMENTS AND SUGGESTIONS

Your comments and suggestions are always welcome. Please send any comments and suggestions through our contact form.

If you think that, as a consumer, your rights have been infringed, you may fill a complaint by sending an email to contact@chunkycut.com with a view to requesting an amicable settlement.

We inform you that, in accordance with Regulation (EC) N° 524/2013, you are also entitled to pursuing an out-of-court settlement of our dispute through the EU on-line dispute resolution platform accessible at the internet address http://ec.europa.eu/consumers/odr/.