Terms and Conditions of Use Agreement

PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE as it governs the relationship between you and us, and limits our liability to you when you purchase products from us. By using our site you are agreeing to comply with and be bound by the following terms of use. Please review the following terms and conditions carefully, and check them periodically for changes. If you do not agree to the terms and conditions, you should not review information or obtain goods, services or products from this site.

1. Owner. The owner of this web site is My Greener Life Trading Ltd, trading as Chimney Balloon Store.
2. Acceptance of Agreement. You agree to the terms and conditions outlined in this Terms and Conditions of use Agreement ("Agreement") with respect to our site (the "Site"). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended by us at any time and from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site
3. Indemnification. You agree to indemnify, defend and hold us and our partners, solicitors, staff and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable solicitor's fees, related to your violation of this Agreement or use of the Site.
4. Copyright. The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).
5. Trade Marks. The trade marks, names, logos and service marks (collectively "trade marks") displayed on this website are registered and unregistered trade marks of the Website Owner. Nothing contained on this website should be construed as granting any licence or right to use any trade mark without the prior written permission of the Website Owner.
6. Fraud. It is a crime to use a false name or a known invalid credit card to order. Anyone caught willfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law. My Greener Life Trading Ltd tracks the electronic 'fingerprints' of every order placed on Chimney Balloon Store to enable us and all legitimate crime prevention and prosecution authorities to trace individual users engaging in criminal activities on our website
7. Nontransferable. Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable and may only be used by you.
8. Use of Information. We reserve the right, and you authorise us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy.
9. Communication. You agree that e-mail can be used as a long-distance means of communication
10. Third-Party Services. We allow access to or advertise third-party merchant sites ("Merchants") from which you may purchase or otherwise obtain certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfilment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. Under no circumstances are we liable for any damages arising from the transactions between you and merchants or for any information appearing on merchant sites or any other site linked to our site. Please contact us if you would like to link to this website or would like to request a link to your website
11. Third-Party Merchant Policies. All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
12. Privacy Policy. Our Privacy Policy, as it may change from time to time, is a part of this Agreement. You acknowledge that you have read and agree to be bound by the terms of our Privacy Policy.
13. Submissions. All suggestions, ideas, notes, concepts and other information you may from time to time send to us (collectively, "Submissions") shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.
14. Public Forums and Reviews. The Website Owner is not responsible for any material submitted to the public areas by you (which include bulletin boards, hosted pages, chat rooms, or any other public area found on the website). Any material (whether submitted by you or any other user) is not endorsed, reviewed or approved by the Website Owner. The Website Owner reserves the right to remove any material submitted or posted by you in the public areas, without notice to you, if it becomes aware and determines, in its sole and absolute discretion that you are or there is the likelihood that you may, including but not limited to –
1. defame, abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third parties;
2. publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information;
3. post or upload files that contain viruses, corrupted files or any other similar software or programmes that may damage the operation of the Website Owner's and/or a third party's computer system and/or network;
4. violate any copyright, trade mark, other applicable Great Britain or international laws or intellectual property rights of the Website Owner or any other third party;
5. submit contents containing marketing or promotional material which is intended to solicit business
15. Your Order
1. Each order placed by you with us shall be an offer by you to us to buy products subject to these and the website terms and conditions.
2. You undertake that all details you provide to My Greener Life Trading Ltd for the purpose of ordering or purchasing goods or services are correct, that the credit, debit card or bank account you are using is your own and that there are sufficient funds to cover the cost of the goods or services ordered.
3. No order you place shall be deemed to be accepted by us until we have received payment from you, funds have cleared, and we have issued confirmation of the order
4. Credit and charge card payments are subject to validation and authorisation by the card issuer and we will not be liable for any non-delivery or delay if a card issuer refuses to authorise payment.
5. You must ensure that the terms of your order, including the address for delivery, are complete and accurate
6. All quotations and advertisements for products given on this website are given on the basis that no contract for sale shall come into existence between us and you until we have received payment from you and issued acknowledgement of your order. Any quotations or advertisements for products given on this website may be altered or withdrawn by us at any time.
7. We shall endeavour that all orders are met. We do not, however, guarantee the availability of any product at any time. Where a product is temporarily out of stock we will advise you of when we expect to be able to fulfil orders, however this is an estimate only and shall not be binding upon us.
8. Sometimes stock may be withdrawn or discontinued. We shall make every effort to update the website at all times, but you understand and acknowledge that we are not liable to you for any failure or delay to fulfil an order due to products being out of stock, withdrawn or discontinued.
9. Once an order has been placed by you and accepted by us you have no right to cancel the order, except at our discretion in exceptional circumstances. Once we have dispatched the products we are unable to cancel any orders.
16. Price and Payment  
1. The prices of the goods are those specified on the Chimney Balloon Store website.
2. All Prices are listed in UK Pound Sterling
3. The price, as displayed, includes VAT (at the current standard UK rate).
4. Price and availability information is subject to change without notice
5. All prices are subject to stock availability.
6. There will be an additional charge for delivery unless stated otherwise.
7. You can make your payment using any credit, debit or payment card acceptable to us, which payment will be encrypted to ensure secure electronic transmission of data.
8. We accept Visa, MasterCard, Switch, Solo, Delta and Visa Electron cards, or personal cheque. If you pay by cheque, we will dispatch your order once your payment clears.
9. Credit and Debit card payments are processed through Protx. This is a secure system, and means you can be confident about your details.
10. Payments are debited before items are shipped by My Greener Life Trading Ltd
11. Title in the goods shall not pass to you until we have received in full all moneys owed by you under this and any other contract.
12. Errors and omissions excepted.

17. Delivery 
1. Chimney Balloon Store will deliver the goods ordered to the delivery address supplied by the customer.
2. Any dates or times specified by us for delivery of the products are intended to be estimates only and time of delivery shall not be of the essence, and shall not be made of the essence by notice
3. Chimney Balloon Store is entitled to deliver in part.
4. Despatch of goods constitutes fulfilment of contract
5. All risk of loss of or damage to the goods shall pass to you upon delivery.
6. Subject to the other provisions contained in these terms and conditions, we shall not be liable for any direct, indirect or consequential loss (all three terms which include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar losses), costs, damages or expenses caused directly or indirectly by any delay in the delivery of the products (even if caused by our negligence).
18. Conditions of carriage
1. A full delivery address and precise postcode must be provided for all deliveries.
2. Where a signature is required on delivery, we strongly recommend that someone is available to receive the delivery at any time during the working day. If there’s any possibility that the delivery address won’t be continuously occupied, please say so when you place your order, and give instructions as to what you’d like done with your order.
3. If you want the carrier to leave goods without obtaining a signature, please say so clearly. Please bear in mind that we can accept no liability for the goods if the carrier assures us that delivery was safely made and that the goods were intact. If no-one’s available to receive goods when the carrier arrives at the delivery address, we reserve the right to recover from you any charges for re-delivery, either to you or back to ourselves.
4. You should examine all goods, whether despatched by post, carrier or our own transport, at the time of delivery, and sign for any loss or damage. Please tell us immediately by telephone of any loss or damage, and check that we have noted your call.
5. We’ll give you an expected delivery date. If you don’t receive your order by that time, please tell us immediately by telephone, and check that we’ve noted your call, otherwise we cannot accept any liability for loss of goods.
6. Unless otherwise agreed, we ask that all orders include a telephone number for the recipient (whether it’s yourself or a third party), so that we can contact them to ensure that the goods have been received safely.
7. We cannot accept responsibility for any loss or damage if the recipient cannot be contacted to verify safe delivery.
19. Warranties
1. All warranties, conditions and other terms implied by state or common law are, to the fullest extent permitted by law, excluded from this Agreement.
2. All products carry the warranty stated on the product description.
3. We shall only extend the benefit of the manufacturer’s warranty to you, and do not separately warranty the products ourselves.
4. In the event of the product requiring replacement or repair under the warranty, you must contact the manufacturer directly.
20. Waiver. If you breach any provision of these terms and conditions or the terms of use of the website and we ignore this, we shall still be entitled to use our rights and remedies at a later date or in any other situation where you breach any provision of these terms and conditions.
21. Return Policy. Our Shipping and Returns Policy, as it may change from time to time, is a part of this Agreement.
22. Governing Law and Jurisdiction. We shall endeavour to resolve any disagreements between us and you quickly and efficiently. The agreement between you and us shall be governed by the laws of England and Wales and you and we shall both submit to the exclusive jurisdiction of the courts of England and Wales.
23. Specific Use. You further agree not to use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify the Website Owner against any loss, liability, damage or expense of whatever nature which the Website Owner or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post any such message or material.
24. Conflict. Where any conflict or contradiction appears between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.
25. Severability. All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
26. Liability
1. This Liability section applies only to the extent permitted by law. For the avoidance of doubt, My Greener Life Trading Ltd does not exclude or limit any liability for (a) personal injury (including sickness and death) where such injury results from My Greener Life Trading Ltd negligence or wilful default, or that of My Greener Life Trading Ltd employees, agents or subcontractors or (b) fraudulent misrepresentation.
2. My Greener Life Trading Ltd does not accept liability (except as set out below) for any errors and omissions and reserves the right to change information, specifications and descriptions of listed goods, products and services.
3. My Greener Life Trading Ltd transacts all payments in UK pounds sterling (£GBP). If My Greener Life Trading Ltd displays prices on its web site in any currency other than £GBP, this information is for guidance only and does not represent the contractual price.
4.  In the event that a product or service is listed at an incorrect price due to a typographical error, My Greener Life Trading has the right to refuse or cancel any orders listed at the incorrect price whether or not the order has been confirmed.
5. My Greener Life Trading Ltd will do its best to correct errors and omissions as quickly as practicable after being notified of them.
6.  TO THE FULLEST EXTENT PERMITTED BY LAW, My Greener Life Trading Ltd IS PROVIDING THIS WEB SITE AND ITS CONTENTS ON AN "AS IS" BASIS AND MAKES NO (AND EXPRESSLY DISCLAIMS ALL) REPRESENTATIONS, GUARANTEES OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THIS WEB SITE OR THE INFORMATION CONTAINED ON THE WEBSITE, YOU OR YOUR COMPANY’S PERSONAL INFORMATION OR MATERIAL AND INFORMATION TRANSMITTED OVER OUR SYSTEM, CONTENT, MATERIALS OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, MGH Trading Ltd DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS WEB SITE IS ACCURATE, COMPLETE OR CURRENT.
7. My Greener Life Trading Ltd does not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of Chimney Balloon Store website or for any products or services purchased from My Greener Life Trading Ltd.
8. All responsibility or liability for any damages caused by viruses contained within or originating from this site or electronic files originating from this site is disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. My Greener Life Trading Ltd will only be liable for direct loss up to a maximum total of the price of the product or service purchased in respect of any claim.
9. All times given for delivery, restocking etc. are estimates only and we shall not be liable for any damages, costs, losses (including without limitation pure economic loss, loss of profit, loss of business, interruptions to business, depletion of goodwill or reputation, and/or loss of commission), claims or liabilities, whether direct, indirect or consequential, incurred by you due to any delay by us, including if such delay was caused by our negligence.
10. We will bear no Responsibility for Goods opened/Damaged by Postal Authorities or Customs in the Country of Receipt