Definitions

Seller/we/our/us/Cheeky Monkey” means Cheeky Monkey owned by Yorkshire Products Ltd, 103 Arundel Street, Sheffield, S1 2NT, (registered in England, company registration no. 06951971) and the company's website www.creamchargers.org.uk.

Customer” means the person or company to whom this document is addressed. This covers those who use our website as well as those who make purchases on our website.

International Customer” shall mean, “Customer” from outside the United Kingdom.

Website” shall mean, www.creamchargers.org.uk or any other subdomains of Cheeky Monkey which may be accessible unless expressly excluded by their own terms and conditions.

Online Store” shall mean the method by which the Customer browses and purchases the products from Cheeky Monkey, being the Website and/or the Shopping App on Social Medias and Google Shopping.

Order” shall mean the submission of an order for products on Cheeky Monkey’s “Online Store” by the “Customer”.

1.0 - General

1.1 These terms and conditions are applicable to the supply of products made by the Seller, hereafter referred as Cheeky Monkey, to the buyer hereafter referred as the Customer.

1.2 The Online Store is strictly for use by individuals aged 18 years old and over. You are in breach of Cheeky Monkey’s Terms and Conditions if you are under 18 years old.

1.3 By using and/or purchasing via Cheeky Monkey, you are confirming that you adhere to Cheeky Monkey’s Terms and Conditions in full. If you do not wish to adhere to Cheeky Monkey’s Full Terms and Conditions, you must leave the website immediately.

2.0 – Price

2.1 The prices of the goods will be as quoted on the Online Store from time to time. We take reasonable care to ensure that the prices of goods are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 2.4 for what happens in this event.

2.2 Prices for our goods may change from time to time, but changes will not affect any order which we have confirmed however the order is subject to cancellation by Cheeky Monkey.

2.3 All prices are quoted in GB Pound Sterling and include VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the products in full before the change in VAT takes effect.

2.4 The Online Store contains a large number of products. It is always possible that, despite our reasonable efforts, some of the products on the Online Store may be incorrectly priced. If we discover an error in the price of the products you have ordered we will inform you of this error and we will give you the option of continuing to purchase the product at the correct price or cancelling your order.

If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the products to you at the incorrect (lower) price.

3.0 – Payment

3.1 Payments may be made by one of the following payment methods unless otherwise specified:

Klarna: VISA / MasterCard debit or credit card.

SagePay: VISA / VISA Debit / VISA Electron / MasterCard / Maestro / American Express.

International customers will also be required to make payment in GB Pounds Sterling.

3.2 You may select to view the price of the products on our Online Store in any currency supported by us and the relevant exchange rate at the date you make payment shall be applied on checkout, so payment is received by us in GB Pounds Sterling.

3.3 Any discount or other promotional codes issued by Cheeky Monkey from time to time are strictly subject to the individual terms and conditions with which they were issued, which may include, amongst other things, eligibility of use and maximum order value. All discount codes are subject to expire if not used within a certain timeframe, the majority of our codes can be used if within 90 days. Certain brands or products may be excluded, and you will not be able to use any discount codes in respect of such brands/products. If any of the terms and conditions with which the discount codes were issued contradicts these terms and conditions, the terms and conditions in respect of the discount code will prevail.

3.4 We reserve the right to reject or cancel any orders which do not comply with these terms even if your credit or debit card has been charged (and will refund in full any amounts paid by you in respect of the order). Discount codes are non-transferable and bear no cash value. Any discount code sent to you by email or any other method is confidential, and the Customer shall not share this with any other person.

3.5 The price of the Goods does not include insured postage or packaging. There will be an additional charge made relative to the size and amount of Goods insured for postage and packaging. This charge will be clearly shown at the checkout.

3.6 Cheeky Monkey currently uses two separate payment portals, Klarna and Sagepay. By selecting either payment methods you are confirming and agreeing to adhere to not only Cheeky Monkeys Terms & Conditions, but also the Third-Party payment gateway.

SagePay Terms and Conditions: https://www.sagepay.co.uk/policies/terms-of-use

Klarna Terms and Conditions: https://www.klarna.com/uk/terms-and-conditions/

3.7 Klarna offers the ability to split payments however this is subject to finance and a credit check. Cheeky Monkey does not accept liability of any implications caused by using Klarna. Any purchases using Klarna is subject to a Credit Check.

3.8 Any fraudulent activity or payments made via our payment gateways must be handled by the payment gateway directly. Please get in touch with Cheeky Monkey if this is the case and we will be happy to help you however please be aware it is not of Cheeky Monkey’s liability and the responsibility of resolving this will be on the payment gateway selected.

Fraudulent orders cannot be refunded if the order has already been dispatched. Fraudulent activity is out of Cheeky Monkeys control as Fraud Prevention is the responsibility of your bank and of the payment gateways.

3.8 SagePay uses a fraud checking system referred to as ‘3D Secure’. 3D Secure is an authentication system used for fraud prevention by SagePay, allowing Customer’s to create and assign a custom password to their credit or debit card that will then be checked and verified whenever a transaction is processed through SagePay on our website or any other website that supports SagePay. The addition of password protection brings an extra level of security for both Cheeky Monkey and the Customer.

3D Secure stands for 3 Domain Server, there are 3 parties that are involved in the 3D Secure process :

It is company policy that Cheeky Monkey will not process any orders that have failed the 3D Secure Checks UNLESS the Customer has been able to verify the 3D Secure Verification Code for the transaction. To obtain your 3D Secure Code, you will need to call your telephone banking line and specify the transaction with the advisor once you have passed through your bank security questions and then request for the 6 digit code (4 digits for American Express). Once you have obtained the code, you will need to contact Cheeky Monkey directly and confirm the code with an advisor.

4.0 – Passing of Property

4.1 Cheeky Monkey shall retain the property of the goods until full payment has been made by the Customer and the order has been dispatched for delivery. Cheeky Monkey remains the property owner until the item has left the premises and is shipped to the Customer.

5.0 – Orders

5.1 All Orders are subject to acceptance and availability. Upon placing an Order with Cheeky Monkey, the Customer will receive an order acknowledgement and subsequent update email(s). Receipt of the acknowledgement and these emails does not confirm that the Order has been accepted by Cheeky Monkey.

Order acceptance and the creation of the contract between Cheeky Monkey and the Customer will start at the time the products ordered by the Customer are dispatched from Cheeky Monkey’s warehouse to be delivered to the address supplied by the Customer.

5.2 All Orders are subject to internal analysis before dispatch by our Customer Services Order Analysis Team. Orders may require to be put on hold before dispatch if they require further investigation. Cheeky Monkey is not liable for any issues a Customer may incur from an order being placed On Hold.  The order can be held for up to 72 hours.

5.3 Cheeky Monkey will take all reasonable care in accordance with applicable laws, in so far as it is in its power to do so, to keep the details of the Customer’s Order and payment secure, but in the absence of negligence on its part (and, subject to applicable laws, including laws relating to data protection and privacy) Cheeky Monkey cannot be held liable for any loss suffered by Cheeky Monkey if a third party procures unauthorised access to any data you provide when accessing or ordering from the Online Store.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to the Online Store; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

5.4 Products purchased from Cheeky Monkey are not for re-sale or distribution. Cheeky Monkey can at its sole discretion restrict ordering to a maximum quantity which may differ depending on product and reserve the right to cancel any Orders which are suspected are being purchased for re-sale or distribution.

6.0 – Delivery

6.1 Any date or period for delivery shall be considered as indicative only and is not a guarantee. It is our policy to try to dispatch all orders within 72 hours, excluding British Weekends and British Bank Holidays or any days that the Online Store is advertised as closed. Any products not available at the time of your order will be sent to you, as soon as possible, when received from the supplier. In any case, delivery will be made within 30 days after the date we accept your order.

6.2 We deliver to the countries listed on the Online Store, subject to our absolute discretion, (“International Delivery Destinations”). However there are restrictions on some goods for certain International Delivery Destinations, so please review the information on the Online Store carefully before ordering goods.

6.3 If you order goods from the Online Store 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.

6.4 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.

6.5 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.

6.6 Once an order has been dispatched by Cheeky Monkey, it is of the Customers responsibility to track the package up until delivery. If there is an issue with the delivery, it is of the responsibility of the Customer to contact the courier directly for information. Customers may contact Cheeky Monkey for assistance with delivery issues.

6.7 In the circumstances of which an order arrives late, you must contact the courier directly to confirm why the order was late. Cheeky Monkey does not accept liability for issues with couriers delivering orders. If an order is late due to a delay with the courier, please contact Cheeky Monkey directly to apply for a refund for delivery costs. Refunds cannot be guaranteed as an investigation must be held with the courier to claim for the postage costs.

6.8 By placing an order on Cheeky Monkey, you are agreeing to use the couriers designated to your order. Meaning that you are contracted to adhere to Cheeky Monkey’s AND the couriers Terms and Conditions. Your contract is with Cheeky Monkey and is extended to include cooperation with the Third-Party courier.

6.9 If you order is lost in transit, please contact the courier directly for instructions on how to proceed. You are welcome to contact Cheeky Monkey for assistance with opening an investigation for the order that has been lost in transit. We will assist you in getting this resolved.

6.10 If you have elected to provide delivery instructions such as but not limited to ‘Leave with Neighbor’ ‘Leave in Safe Place’ etc. please be aware that ths is only a request to the courier and is not guaranteed to be followed. Please also be aware that providing alternative delivery instructions will VOID the insurance liability with the courier and with Cheeky Monkey. We accept no liability for a successfully completed delivery as confirmed by the couriers tracking details that you do not take possession of. If the courier logs a consignment as having been delivered and it is not there, the Customer must assume it has been stolen. Couriers may leave parcels in a ‘safe place’ even if it has not been requested which Cheeky Monkey does not accept liability for however we will assist you if this causes implications. In these cases, Cheeky Monkey will provide you all the help in their ability, however it is up to the Customer to contact and deal with the Police investigation of theft. Claims can take up to (but not limited to) 14 days to complete the claim however depending on circumstances this may take longer. If a claim has been opened, Cheeky Monkey will contact you as and when we have received updates from the courier however we cannot guarantee a successful claim.

6.11 Any consignments stating a parcel’s status as ‘delivered’ will be deemed as such by Cheeky Monkey. Cheeky Monkey uses tracked services to provide evidence of audit trail for Customers. It is the Customers responsibility to be available upon day of delivery and Cheeky Monkey does not accept liability for Customers being accessible.

6.12 Any consignments stating a parcel’s status as ‘delivery attempted’ will be deemed as such by Cheeky Monkey. Cheeky Monkey uses tracked services to provide evidence of audit trail for Customers. It is the Customers responsibility to be available upon day of delivery and Cheeky Monkey does not accept liability for Customers being accessible. It is of the Customers responsibility to be available for delivery and postage costs will not be refunded if delivery has been attempted on time.

6.13 Cheeky Monkey does not accept liability for any orders with incorrect shipping information. If the shipping address mistake is obvious, we may attempt to contact you to make amendments to the address where possible. We ship to the address provided on the original order, once it has been dispatched it is out of our control to be able to change the shipping address. To do so you must contact the courier and request the shipping address to be changed however this is not guaranteed.

6.14 Delivery costs are subject to change as and when courier prices increase. Certain products require certain shipping requirements which means they are unable to go with some of the couriers we have available. For example, any pressurised gas products in our Online Store (Nitrous Oxide or CO2) must be shipped with specific couriers and require ADR due to being a hazardous substance and cannot go with couriers such as Royal Mail. If a Customer selects a courier at the checkout that the order is unable to be shipped with, the order is subject to being held before we receive the additional funds for alternative postage.

6.15 If a Customers Order arrives damaged or the incorrect order arrives, the Customer must contact Cheeky Monkey within 48 hours of the order being delivered so that we can hold an internal investigation and a courier investigation where necessary. Contacting us outside of the 48 hours will decrease the options for a resolution. Customers are required to send evidence of damages or incorrect items by taking digital photos of how the Order was received, the packaging it was delivered in accompanied by the invoice included in the packaging and photos showcasing the damages. Without the evidence specified, Cheeky Monkey is not liable for finding a resolution.

6.16 For more information on Delivery, please see our Delivery Information page by Clicking HERE and is also available under ‘Delivery’ in the footer on Cheeky Monkey’s website. The Delivery page is subject to the main Terms and Conditions.

7.0 Titles and Defects

7.1 The Products shall be owned by you once we have received payment in full for the Products and it has been dispatched. The Customer shall inspect the goods within 48 hours of receiving the Order. The Consumer Rights Act 2015 says products must be as described, fit for purpose and of satisfactory quality. The Customer shall notify the seller in writing via email if the goods are faulty or mis-described and shall be entitled to a refund given that the Order is returned to Cheeky Monkey.

7.2 Customers are required to send evidence of damages, mis-described, faulty or incorrect items by taking digital photos of how the Order was received, the packaging it arrived in accompanied by the invoice included in the delivery and photos showcasing the issues/damages/faults. Without the evidence specified, Cheeky Monkey is not liable for finding a resolution.

8.0 Returns Procedure

8.1 The Customer is subject to follow the Returns Procedure in full. Failing to comply with the procedure may result in the Return failing to be processed which Cheeky Monkey does not accept liability for. This procedure is set out so that returns are handled in an accurate and timely manner. Cheeky Monkey will not accept any returned goods should the return not follow the aforementioned return procedure.

8.2 You have the right to cancel at any time from the moment you place your online order, and up to 14 days from the day you receive your goods. Cancellations or returns outside of 14 days will not be accepted.

8.3 Cheeky Monkey will examine the returned product and will notify the Customer of and process your refund within a reasonable period of time and, in any case, within 14 days of the day we confirm to you that you were entitled to a refund for the defective product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us, a return receipt must be provided and the cost of returns that Cheeky Monkey will cover is limited to £10.

8.4 Using your own courier to return goods will void the insurance should it be lost in transit and we will not guarantee to cover the cost of the return if it exceeds the £10 limit. Cheeky Monkey can make arrangements for a courier collection or send the Customer a free returns label to return the goods where possible.

8.5 Failing to provide a returns receipt to Cheeky Monkey will mean that we are not liable to refund the cost to you.

8.6 Returns Procedure:

8.6a The Customer must notify Cheeky Monkey prior to returning the goods which must be done via email, not by letter. You must also notify Cheeky Monkey the reason for return in detail.

8.6b When returning your Order, you must ensure that all included items including but not limited to are also returned with the main product: free gifts, spare parts, packaging, manuals, labels. Failing to include all parts may result in a deduction for the Customers refund. The Order must be returned in its original packaging. We advise Customers to send us images of their Order before returning it to us as evidence in case the order is damaged in transit on its way back to us. You must ensure precautions are taken to ensure that the Order is not damaged in transit and the Order is packaged safely, negligence to packing the order may result in a deduction from your refund of up to 50%, this is decided upon by Cheeky Monkey.

8.6c It is essential that you include your complete order information (order number, full name, shipping address, date of purchase, reason for return) on a piece of paper INSIDE the packaging of the return. Failing to include order details in the returned packaging will result in the Return not being complete therefore the refund will not be provided if we are unable to identify the Customers order.

8.6d Orders will be inspected upon return and assessed before the refund is processed. The Order will take up to 14 days to be internally processed and can take an additional 14 days to be processed by the payment gateways and the banks.

8.6e All Returns are subject to a potential returns and/or re-stocking fee. The returns fee is to cover the cost of an item returned to us by the courier for example if they have been unable to deliver the item: the returns fee is a flat rate of £10 which is how much the couriers charge us for the return of the parcel. An order is subject to a re-stocking fee if any of the parts are missing or if the order’s packaging has been opened such as a box/cap seal.

8.7 All product WARRANTIES are held with the MANUFACTURER and not with Cheeky Monkey. Terms and conditions of this contract do not affect any additional rights you may have under a manufacturer’s warranty/guarantee. These are rights given to you by the manufacturer in addition to your statutory rights. Any additional rights given to you by the manufacturer in respect of Goods purchased are not incorporated into this contract.

9.0 Cancellations

9.1 Within 14 days after receipt of the goods, the Customer must contact Cheeky Monkey in writing via the contact details on our Online Store and, following which, they must be returned to us within 14 days of you telling us you want to change your mind. The goods must be ‘as new’ and unused, in original undamaged packaging, including all items and free gifts received. It is the Customer’s responsibility to take reasonable care of the products until their return to Cheeky Monkey. Cheeky Monkey will consider that the Customer has not taken reasonable care if the goods have been used in a way or extent, exceeding what a customer would similarly examine the goods in a retail shop prior to purchase and will be entitled to deduct an amount reflecting any such reduction in value due to your use. Any refund will be made within 14 days of receipt of the Customer’s returned products.

10.0 Procedures of Misuse

10.1 Cheeky Monkey is an agent that distributes hazardous gases such as Nitrous Oxide and Carbon Dioxide. Safeguarding the general public and our customers is of utmost importance to us at Cheeky Monkey. Extensive measures and safeguards are in place publicly and internally to stop users from misusing Nitrous Oxide. We do not disclose our internal policies on monitoring, analysing and handling Nitrous Oxide orders as this is private company information and will not be released to the public so that misusers will not be able to navigate themselves around our systems, policies and procedures.

At Cheeky Monkey we have a policy called ‘The Procedures of Misuse’ that all of our staff are fully trained and tested regularly on to ensure sale of Nitrous Oxide is handled appropriately. Staff are informed not to disclose how the policy works or how orders are analysed before dispatch. What we can confirm is involved in the policy is that Nitrous Oxide is not to be sold to anyone under the legal age of 18 years old. Anyone suspected to intend to misuse the products will be refused sale and blocked from purchasing meaning any orders on hold will be cancelled and refunded. We reserve the right to hold an order up to 72 hours whilst the order is investigated and analysed by our designated order analysers. You have a right to request a cancellation and refund at any time during the holding of an order, however you will be blocked from purchasing if the order analysis is not complete or is rejected. If you do not wish to be subject to these order investigations, please do not place an order on our website.

11.0 Order Analysis

11.1 All Orders are subject to Order Analysis by our Customer Services team.

11.2 We reserve the right to hold an order up to 72 hours whilst the order is investigated and analysed by our designated order analysers. You have a right to request a cancellation and refund at any time during the holding of an order, however you will be blocked from purchasing if the order analysis is not complete or is rejected. If you do not wish to be subject to these order investigations, please do not place an order on our website.

12.0 Loyalty Points

12.1 To register for Loyalty Points on Cheeky Monkey, you must firstly create an account on our website for the points to be added after an order. If you do not log in to your account before checking out the Loyalty Points will not be added to your account.

12.2 Loyalty Points are personal to you and cannot be transferred to anybody else. Loyalty Points may only be redeemed and earned in accordance with these terms.

12.3 Loyalty Points cannot be requested to be manually added from other orders on to the account.

12.4 To earn 1 loyalty point, a Customer must spend GBP £1. 1 Loyalty Point is worth GBP 1p.

12.5 Unfortunately Loyalty Points are not compatible with Klarna.

13.0 Privacy Policy

13.1 We will only use your personal data as set out in our Privacy Policy page available in the footer of Cheeky Monkeys Online Store.

14.0 Changes to Terms & Conditions

14.1 We reserve the right to change these terms and conditions at any time. Terms and Conditions will be subject to when a Customer placed an order. If the Terms and Conditions have changed in the space of an order being placed, the original Terms and Conditions will apply.

15.0 Law and Jurisdiction

15.1 These terms and conditions are governed and shall be interpreted in accordance with English Law and shall be subject to the non-exclusive jurisdiction of the courts of England and Wales. Any person attempting to make fraudulent credit card transactions will be prosecuted with no exception.