Buyer - the person who buys or agrees to buy the goods from the Seller.
Conditions - the terms and conditions of sale as set out in this document and any special terms and conditions agreed in writing by the Seller.
Goods - the articles which the Buyer agrees to buy from the Seller.
Price - the price for the Goods, excluding VAT and any carriage, packaging and insurance costs.
Seller - means Happy-Hammock.com of Stanley House, Camden Road, BATH, BA1 5JE, United Kingdom.
Parties - means the Seller and the Buyer.
| 2.1 | These Conditions shall form the basis of the contract between the Seller and the Buyer in relation to the sale of Goods, to the exclusion of all other terms and conditions including the Buyer’s standard conditions of purchase or any other conditions which the Buyer may purport to apply under any purchase order or confirmation of order or any other document. |
| 2.2 | All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods from the Seller pursuant to these Conditions. |
| 2.3 | Placement of an order for the Goods on the Seller’s website shall be deemed to be conclusive evidence of the Buyer’s acceptance of these Conditions. |
| 2.4 | These Conditions may not be varied except by the written agreement of the Seller. |
| 2.5 | These Conditions represent the whole of the agreement between the Seller and the Buyer. They supersede any other conditions previously issued. |
| 3.1 | The Price shall be the price quoted on the Seller's website which is updated on a daily basis. In the event of an order being placed against an accidental incorrect price, the Seller will endeavour to inform the Buyer of the error within 7 working days of the purchase being made and will allow the Buyer the option of either cancelling the purchase or choosing to pay the additional difference in price. The Price shown on the website is exclusive of Value Added Tax (VAT) which shall be due at the rate in force on the date of the Seller's invoice. |
| 4.1 | Payment of the Price, VAT and delivery charge shall be due on confirmation of the Buyer's order. |
| 4.2 | Interest on overdue invoices shall accrue from the date when payment becomes due calculated on a daily basis until the date of payment at the rate of 8% per annum above the Bank of England base rate from time to time in force. Such interest shall accrue after as well as before any judgment. |
| 4.3 | The Buyer shall pay all accounts in full and not exercise any rights of set-off or counter-claim against invoices submitted by the Seller. |
The quantity and description of the Goods shall be as set out in the Seller's website.
The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller on the Seller’s website. Except where the Buyer is dealing as a consumer (as defined in section 12 of the Unfair Contract Terms Act 1977), all other warranties, conditions or terms relating to fitness for purpose, quality or condition of the Goods are excluded.
| 7.1 | Delivery of the Goods shall be made to the Buyer's postal address as confirmed by the Buyer on the Seller's website. The Buyer shall make all arrangements necessary to take delivery of the Goods at that site. |
| 7.2 | The Seller undertakes to use its reasonable endeavours to despatch the Goods to arrive at an agreed delivery date, but does not guarantee to do so. Time of delivery shall not be of the essence of the contract. |
| 7.3 | The Seller shall not be liable to the Buyer for any loss or damage whether arising directly or indirectly from the late delivery or short delivery of the Goods. If short delivery does take place, the Buyer undertakes not to reject the Goods but to accept the Goods delivered as part performance of the contract. |
| 7.4 | If the Buyer fails to take delivery of the Goods on the agreed delivery date or, if no specific delivery date has been agreed, when the Goods are ready for despatch, the Seller shall be entitled to store and insure the Goods and to charge the Buyer the reasonable costs of so doing. |
| 8.1 | The Buyer shall be deemed to have accepted the Goods 24 hours after delivery to the Buyer. The Buyer must notify the Seller of any damage or error within 7 days of receipt. |
| 8.2 | Where the Buyer has accepted, or has been deemed to have accepted, the Goods the Buyer shall not be entitled to reject Goods which are not in accordance with the contract. |
| 9.1 | The Buyer has the absolute right to cancel or return the order without reason, at the Buyer’s own expense, within 28 days. Within 30 days of the return of the goods to the Seller, in pristine condition, the Seller will refund the full purchase price and VAT to the Buyer by crediting the Buyer’s credit card with the appropriate amount. The carriage charged for the original delivery of the Goods will not be refunded. |
| 9.2 | In the case where the Goods arrived damaged or broken the Seller will replace it (them) and refund the Buyer the cost of the return postage. If the Buyer does not wish the damaged item(s) to be replaced then they must mention this with the returned goods in which case the Seller will make a full refund of the purchase price, VAT and carriage within 30 days of receipt by credit card refund. |
| 10.1 | Risk shall pass on delivery of the Goods to the Buyer’s address. | ||||
| 10.2 | Notwithstanding the earlier passing of risk, title in the Goods shall remain with the Seller and shall not pass to the Buyer until the amount due under the invoice for them (including interest and costs) has been paid in full. | ||||
| 10.3 | Until title passes the Buyer shall hold the Goods as bailee for the Seller and shall store or mark them so that they can at all times be identified as the property of the Seller. | ||||
| 10.4 | The Seller may at any time before title passes and without any liability to the Buyer:
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| 10.5 | The Seller may maintain an action for the price of any Goods notwithstanding that title in them has not passed to the Buyer. |
| 11.1 | Carriage (post & packing) will be chargeable on all sales.
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| 12.1 | The Seller will process all Buyer login and purchasing transactions over secure servers. The Seller will use secure socket technology (SSL) to ensure that Buyer’s account and order details are safe and secure. The Buyer also utilises additional encryption techniques in the shopping basket and account system to shield sensitive data from malicious hackers or prying eyes. In the Seller’s database, Buyer’s passwords and credit card numbers are encrypted for storage using advanced crypto techniques and their details are kept in a separate section of the database from Buyer’s account information. |
| 13.1 | By accessing and/or using the Seller’s website, the Buyer agrees to the terms of the Happy-Hammock privacy policy. If the Buyer does not agree to these terms they should not access or use the Happy-Hammock site. The Seller is dedicated to maintaining the privacy of its customers. The Buyer is advised to read the Seller’s privacy policy to understand how the Seller will use and protect the information that the Buyer provides. |
| 13.2 | When buying an item from the Seller’s website, or when contacting Happy Hammock, information including the Buyer’s name and address, Email address and telephone numbers will be required. When ordering items on the site the Buyer will be asked to provide a credit card number. This information allows the Seller to process the Buyer’s order. This information is stored in the Seller’s database. This information is also stored by using cookies. |
| 13.3 | The Seller will not give any of the information that the Buyer provides to any third parties without the Buyer’s explicit consent. However, the Seller may disclose the Buyer’s information if the law requires it to do so. The Seller will use the Buyer’s personal information to organise and supply the service it provides or to improve that service by analysing the information in order to offer products that may be of additional interest to the Buyer. By ‘Checking Out’ on the Seller’s Shopping Basket, and therefore pressing OK to agree to our Terms and Conditions, the Buyer consents to receive communications in the form of postal mail, Email or other methods from the Seller. If the Buyer prefers not to receive any such communication they should notify the Seller by sending an Email to that effect to info@happy-hammock.com. |
| 13.4 | The Seller may take steps to ensure that the Buyer’s information is up to date. Under the Data Protection Act 1998 the Buyer has the right to ask what information the Seller keeps about them. The Buyer can do this by writing to Happy Hammock, Stanley House, Camden Road, BATH, BA1 5JE, United Kingdom. |
| 13.5 | Cookies Cookies are pieces of information stored on the Buyer’s computer when loging onto the Seller’s website. Cookies store information about Buyer preferences and information which the Buyer needs to log into the website. The Seller also uses cookies to show how the Buyer is using the site. The Seller believes cookies help the Buyer to use the Happy-Hammock.com website. However, the Buyer may, if their browser lets them, switch the cookies off. |
| 13.6 | SPAM (UCE - Unsolicited Commercial Email) The Seller takes the subject of UCE very seriously and does not participate in any mass unsolicited commercial Emailing (i.e. spamming). |
| 13.7 | Credit Card Fraud The Seller takes credit card fraud very seriously and will prosecute to the fullest extent of the law any attempt at the fraudulent use of credit cards. Within the Seller’s website all Buyer orders have strict security clearance procedures in place with orders from overseas requiring maximum Code 10 security authentication. This means that the Seller will contact the credit card issuing bank to confirm the name and address of the card holder along with the other regular security procedures. The Seller will pass all details of credit card fraud to the relevant authorities and ensure that the issuing banks are made aware when their client’s credit cards have been compromised. |
Neither Party shall assign its rights and obligations pursuant to this Agreement without the prior written consent of the other Party.
This Agreement shall be construed and governed in all respects in accordance with the Laws of England and Wales and the Parties hereby submit to the jurisdiction of the English Courts.